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

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

Vol. 159 WASHINGTON, WEDNESDAY, SEPTEMBER 11, 2013 No. 119 Senate The Senate met at 10 a.m. and was appoint the Honorable EDWARD J. MARKEY, a derstanding that the time is equally di- called to order by the Honorable ED- Senator from the Commonwealth of Massa- vided between the two sides; is that WARD J. MARKEY, a Senator from the chusetts, to perform the duties of the Chair. right? Commonwealth of Massachusetts. PATRICK J. LEAHY, The ACTING PRESIDENT pro tem- President pro tempore. pore. The Senator is correct. PRAYER Mr. MARKEY thereupon assumed the f The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. SCHEDULE fered the following prayer: f Let us pray. RESERVATION OF LEADER TIME Mr. REID. Following leader remarks, Eternal God, You are our rock, our the time until 2:30 p.m. will be divided fortress, and our deliverer, for we find The ACTING PRESIDENT pro tem- and controlled between the two leaders refuge in Your sovereign leading. On pore. Under the previous order, the or their designees, with Senators per- this 12th anniversary of the September leadership time is reserved. mitted to speak for 10 minutes each. 11 attacks, we thank You for the wis- f There will be a remembrance ceremony on the east side of the Capitol. Mem- dom You provide us in our trying OBSERVING THE TWELFTH ANNI- bers will gather in the rotunda at 10:45 times. Through the terrorist attacks, VERSARY OF THE ATTACKS ON a.m. You helped us to become more aware of SEPTEMBER 11, 2001 our vulnerability as a Nation, to better f appreciate the heroes and heroines who The ACTING PRESIDENT pro tem- emerge during seasons of crisis, and to pore. Under the previous order, there REMEMBERING SEPTEMBER 11, 2001 discover how the worst of times can will now be a moment of silence to pay Mr. REID. Mr. President, I can re- bring out the best in us. tribute to the Americans whose lives member events 12 years ago so clearly. As our Nation again confronts pre- were taken on September 11, 2001. I was not far from here at the time. I carious challenges, use our lawmakers (Moment of Silence.) was in S–219, which is a meeting room. as instruments of Your peace, bringing f That is where Leader Daschle held his hope where there is despair and order leadership meetings every Tuesday RECOGNITION OF THE MAJORITY where there is chaos. morning at 9 a.m. I was the first one in LEADER We pray in Your great Name. Amen. the room. Senator John Breaux from f The ACTING PRESIDENT pro tem- Louisiana came in and said: Flip on the pore. The majority leader is recog- TV. There is something going on in PLEDGE OF ALLEGIANCE nized. New York. The Presiding Officer led the Pledge f We turned on the TV, and it looked of Allegiance, as follows: as though something happened in New I pledge allegiance to the Flag of the ORDER FOR MORNING BUSINESS York. We just thought an airplane had United States of America, and to the Repub- Mr. REID. Mr. President, I ask unan- malfunctioned or something had gone lic for which it stands, one nation under God, imous consent that the Senate be in a wrong to cause the plane to hit that indivisible, with liberty and justice for all. period of morning business until 2:30 tower. f p.m. this afternoon for debate only, So the meeting started and the TVs APPOINTMENT OF ACTING with all other aspects of the previous were off. We were doing our business of PRESIDENT PRO TEMPORE order being in effect. the day when suddenly a group of po- The ACTING PRESIDENT pro tem- lice officers came in and grabbed Sen- The PRESIDING OFFICER. The pore. Is there objection? Without objec- ator Daschle and took him outside. He clerk will please read a communication tion, it is so ordered. came back very quickly and said: to the Senate from the President pro Mr. REID. Mr. President, the Repub- There is an airplane headed for the tempore (Mr. LEAHY). lican leader and I have spoken, and we Capitol. We have to get out of here. The legislative clerk read the fol- are working on a way forward based on There was a lot of confusion, to say lowing letter: the President’s speech and what has the least, as staff and Senators were U.S. SENATE, happened over the last few days. He ordered out of the buildings—plural. As PRESIDENT PRO TEMPORE, Washington, DC, September 11, 2013. and I will confer shortly again, but we left S–219, we looked out the win- To the Senate: right now we will be in a period of dow toward the Pentagon, and smoke Under the provisions of rule I, paragraph 3, morning business. Senators may talk was billowing out of it. We could see it of the Standing Rules of the Senate, I hereby about whatever they want. It is my un- so very plainly. At that time we didn’t

∑ 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 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.000 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE September 11, 2013 know what was happening; we just breathe. We could see the perspiration will report back at a later time. Amer- knew we had been ordered to get out of on some of them. They dumped water ica must remain vigilant and ready to the building. on them—anything to give them some use force if necessary, and Congress Of course, we all have memories of relief. The video showed rows of dead should not take the threat of military what took place that day. I was the as- people. Hundreds of them were little action off the table. sistant leader, as was Senator Nickles children. Some of them were dressed in I want to spend a little time talking from Oklahoma. Senator Lott was the their play clothes, little fancy, colorful to Senator MENENDEZ, the chair of the Republican leader, and Senator T-shirts. committee. I want to talk to other Daschle was the Democratic leader. We Even as we pay tribute to America’s Senators who are trying to work some- were taken in helicopters from the tradition of freedom for every citizen thing out on their own, and I will do west front of the Capitol to a secure lo- across the globe, an evil dictator denies that. cation. When I was taken to the west its citizens not only their right to lib- Leaders in Damascus and Moscow front of the Capitol, the scene was erty but also their right to live. The should understand that Congress will eerie to say the least. There were lots Asad family is pretty good at killing be watching these negotiations very of people in black uniforms trying to people. The New York Times had an ar- closely. If there is any indication this create order out of confusion. Without ticle over the last 24 hours about his is not serious—that it is a ploy to going into a lot of detail, we went to a dad, because of the failed assassination delay, to obstruct, to divert—then I location, and the Vice President was attempt, killing 30,000 people he think we have to again give the Presi- there. He met with us and kept us in- thought needed to be killed—30,000. dent the authority to hold the Asad re- formed as to what was going on with That country, Syria, denies its citizens gime accountable. So it is our deter- the President. We spent the day there the right to liberty, but even more sig- mination not to let Asad’s atrocities go and then came back to the west front nificant the right to live. unanswered. How we answer is a ques- of the Capitol, where all Members of Yesterday I showed the video at the tion we will continue to pursue. But it Congress gathered. BARBARA MIKULSKI, caucus. No one wanted to see it. I is very clear that we wouldn’t be where for lack of anyone having a better sug- didn’t want to see it again. It was all I we are today—even my friend, the jun- gestion, said: We should sing ‘‘God could do to glance up. I had already ior Senator from Kentucky, today said Bless America.’’ She got the song seen it. Those visions will always be in the reason we are having the possi- started, and that was extremely memo- my mind. I showed my Senators a bility of a deal is because of the Presi- rable. video of this: little boys and girls and dent threatening force. We are going to have a ceremony in grown men with their eyes crusted, It is interesting. Asad has even de- a few minutes out front, and I will talk frothing from the mouth. It was such nied, until just recent hours, ever even a little bit there. The four leaders have unspeakable scenery. They were con- having had chemical weapons. So it is been asked to talk out there. vulsing, writhing, spasms from the poi- in Syria’s power to avoid these strikes, We did have a moment of silence re- son gas he used to murder his victims. but that will require swift and decisive garding the more than 3,000 people who It was hard to watch, but it confirmed action on the part of the Asad regime were killed in New York, Pennsylvania, all of our conviction that the United to relinquish these weapons. We need a and the Pentagon. In addition to those States must not let the Syrian regime diplomatic solution to succeed, but 3,000 people who were taken from us go unpunished for using something saying we want one doesn’t mean it permanently, thousands of other people that is outlawed. Those weapons are will happen. So he must quickly prove were injured, some of them perma- not to be used in a war, let alone used the offer to turn over Syria’s chemical nently injured. Some of them have on a bunch of innocent people. weapons is real and not an attempt to missing legs, some are blind, and some Yesterday the President spoke to two delay. suffer from paralysis. So we raise our caucuses. He spoke last night and made All eyes are on the Russian Presi- voices today in celebration of Amer- a compelling case for military action dent, President Putin. We all know he ica’s spirit and perseverance. May we against the Asad regime. As the Presi- was formerly head of the KGB. We all never forget 9/11. dent said, we have to send an explicit know about the KGB. He is the Presi- It is also worth mentioning that on message not only to Syria but the rest dent of that very big country. We are this day we also honor what took place of the world. Remember—who has more also grateful that even though rela- a year ago in Libya, where one of our chemical weapons than Syria? Only tions aren’t perfect with Russia, they stellar Ambassadors was murdered one country—North Korea. Think are OK—so much better than they have along with three of his brave col- about that. If they get away with this, been prior to the breakup of that mas- leagues. They were all killed in Libya. what is North Korea going to do? Then sive country, the Soviet Union. We hope Russia is a productive part- Our country remains committed to are we going to have a marketplace for ner in these negotiations. Any agree- seeking justice for them and every purchasing chemical weapons? The use ment must also assure it is possible to American victim of terrorism, and that of chemical weapons by anyone, any secure these chemical weapons in spite is what the debate of Syria is all time, anywhere, including the battle- of the ongoing civil war, to keep those about—terrorism. field, should not be tolerated. Before I began the caucus yesterday, Preventing these weapons from being stockpiles out of the hands of terror- when the President came, my introduc- used is not only in our own national in- ists. In short, I am happy we have some tion to the President was a film that terests, but it is in the interests of the conversations going to see if this can was created by Senator FEINSTEIN and world. Diplomacy should always be the be resolved diplomatically. I certainly others. It is about 12 or 13 minutes first choice. That is who we are as a hope so. long, and it shows what went on in country. So we have been asked to I apologize to my counterpart, the graphic detail with the brutal chemical temporarily suspend consideration of Republican leader, for taking so much weapons attack in Syria where these the Syria resolution to allow for these time. children were left to die. Remember, conversations to take place around the I yield the floor. these poisons get the little kids first. world. f Senator DURBIN has a Palestinian on Tomorrow our Secretary of State is his staff. We all know Reema. She does meeting with the Russian Secretary of RECOGNITION OF THE MINORITY the whip count for Senator DURBIN and State, Mr. Lavrov, to explore in fact if LEADER for me. I had her listen to the film. I this is a legitimate proposal. Talking The ACTING PRESIDENT pro tem- watched it and she listened so she and action are two separate things. So pore. The Republican leader is recog- could give me some idea of what people what the Republican leader and I have nized. were saying there. They were yelling. spoken about—and we will talk more f It was so sad. Mostly they were pray- about it today—is to see what we can ing. It was very, very sad to see people do to give the President the time and REMEMBERING 9/11 holding little babies and saying: space our country needs to pursue Mr. MCCONNELL. Mr. President, 12 Breathe, breathe. They couldn’t these international negotiations. We years ago more than 100 Members of

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.002 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6339 Congress from both parties stood to- well, and soon it will be open as a last- sis on the ground in Syria is terrible, gether on the Capitol steps to show our ing tribute to not only those who fell but the impact on surrounding nations sympathy, solidarity, and resolve. and the families we grieve with, but is awful as well. Those of us who were there will never also to the paramedics and first re- Last year I visited a refugee camp in forget it. Later this morning Members sponders who did such a remarkable Turkey where Syrians, fearing for their will gather on the same steps to re- and courageous job that day. lives, moved by the thousands into member once again those who died and SYRIA Turkey. I reflected on the generosity to recommit ourselves to our national It is in keeping with that theme that and compassion of the people of Tur- ideals—together. Our Nation always we reflect today on what the majority key, accepting 10,000 people in one of pulls together in difficult moments; leader told us. We had a visit yesterday these refugee camps, providing for 9/11 showed us that. It is important we from the President of the United them shelter and food and medical care remember it. States who spoke directly to the Sen- and education for their children. It was I look forward to joining congres- ate Democratic caucus and Republican an amazing humanitarian gesture on sional leaders and others out on the caucus luncheons answering questions their part. same steps shortly, on this day that from Senators. The President came to Then we go to the nation of Jordan. has rightly become a very solemn one speak to us about the situation in Jordan is overrun with refugees from throughout our country. Syria, about the use of chemical weap- the Middle East, and it has created se- We remember today all those who ons, the deadly impact it has had on in- rious economic challenges for that were killed as well as the families they nocent people, and the obvious breach country and threats to political sta- left behind. We remember them with of norms of civilized conduct which the bility. The sooner this war ends in renewed sorrow. We remember all who world has agreed to for almost 100 Syria, the sooner normalcy comes to lost their lives or who have been in- years. the Middle East, the better for Jordan jured in the line of duty defending our The President made it clear that we and the better for the entire region. So freedoms since 9/11. have a chance now, an opportunity for we pray that occurs soon. Today, we remember the resolve we a diplomatic solution because of the This has been a rough few weeks as shared on a clear September morning suggestion of the Russians that the we have considered chemical weapons 12 years ago. Syrians come forward, surrender their in Syria. As Senator REID said yester- In the days and months that followed chemical weapons, submit to inspec- day, the objects and visions we saw on the attacks of 9/11, we did not cower. tions, and have real enforcement. Na- this film and video—the victims of We took the fight to the terrorists, tions around the world are working these chemical weapons—remind us of while here at home we opened our with the United States to craft a reso- how horrible this is. When those who doors, our wallets, and our hearts to lution for the United Nations to con- turn to weapons of mass destruction those around us. We persevered. We sider. I am hopeful and I pray they will are not held accountable, there are maintained what was and is best about be successful. If that occurs, the Presi- more innocent victims. our country. And, together, we will dent will have achieved his goal with- I hope we can solve this issue on a continue to do so as long as this strug- out the use of military force, which is diplomatic basis. We will stand down gle continues. something he made clear to us yester- now in terms of any congressional ef- Mr. President, I yield the floor. day that he hopes to pursue—achieving fort until that effort in the United Na- f his goal without the use of military tions has a chance to reach fruition, force. Over and over again yesterday he and I pray it will. MORNING BUSINESS told us: I am not a President who looks I yield the floor. The ACTING PRESIDENT pro tem- forward to the use of military force. I The ACTING PRESIDENT pro tempore. Under the previous order, the don’t want to do it unless I have to. I pore. The Senator from Georgia. Senate will now be in a period of morn- believe that, because I know the man. f ing business for debate only until 2:30 I have known him for many years and REMEMBERING 9/11 p.m. with the time equally divided and I know what is in his heart. controlled between the two leaders or However, we have to acknowledge the Mr. ISAKSON. Mr. President, I rise their designees, with Senators per- obvious. Had the President not raised to speak in morning business to re- mitted to speak therein for up to 10 the prospect of military force, this con- member 9/11, 2001, a day every Amer- minutes each. versation on an international level ican citizen and every citizen in the The assistant majority leader is rec- would never have occurred. It was the world remembers. They remember ognized. President’s leadership, even without where they were. They remember what f majority support among the American they thought. And they remember the people, that precipitated this action by tragedy we all watched on television REMEMBERING 9/11 President Putin, and I hope it will lead that day. Mr. DURBIN. Mr. President, in a few to a diplomatic solution. It is where it It is appropriate that on every 9/11 of moments we will recess to gather on should be—in the United Nations. It every year we pause for a moment and the steps of the Capitol. It is an annual was only the threat of veto by Russia pray for the victims of that tragedy event that commemorates 9/11. The and China and the Security Council and their families, that we remember leaders have spoken to their memories which kept President Obama from what happened on that day, and that of that day, and I associate myself with turning to the United Nations first. we commit ourselves to see to it that it their remarks and the sadness we all But we have a chance, and I pray it is never happens again. feel as we reflect on the lives lost, successful. It is important that it not just be a some 3,000 Americans—to this blatant We will now move forward with other memory. It needs to be a seminal mo- act of terrorism. items on the Senate agenda very quick- ment in our lives that allows us to We can all recall that moment. I can ly, as we should, and still the possi- never forget the tragedy of what I be- recall looking down the Mall toward bility that if this diplomatic effort lieve is the first battle in the greatest the Washington Monument and watch- fails, we will have to return to this war between good and evil. Terrorism ing the black smoke billowing across critically important debate about the is the ultimate enemy of freedom, lib- the Mall from the Pentagon because of future of Syria. erty, and democracy, and it is some- the deadly crash there that took the It is important to recall, though, thing we must stand up to and never lives of passengers on that plane and even after the chemical weapons are cower to. innocent people working in defense of gone—and I pray that happens with Sometimes people ask me: What can America. That was a moment that will diplomatic efforts soon—there will still I do? What can I do on 9/11, 2013, to re- never be forgotten. be a civil war in that country that has member those who died, to remember Over the weekend there was an indi- claimed 100,000 lives over the last sev- those who saved lives, and to remember cation of a new memorial in New York eral years. The sooner that comes to an what happened? I say there are three City that will commemorate 9/11 as end, the better. The humanitarian cri- important things for us to always do.

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.003 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE September 11, 2013 No. 1 is to give thanks for the EMTs, edy in American life. The shadow of ing this matter to Congress, which I the firemen, the law enforcement offi- that tragedy and its rippling effects believe is courageous and historic. Sec- cers who risked their lives and, in even today, 12 years later, definitely ondly, I wish to talk about why I be- many cases, died to save people who are a matter on my mind and heart as lieve authorizing limited military ac- were victims of the Twin Towers trag- I think about this issue with respect to tion makes sense. Third, I wish to talk edy. That is No. 1. Syria. about the need to exhaust all diplo- No. 2 is to remember we are a soldier Also on my mind and heart as I think matic opportunities and openings, in- in the army to fight terrorism. Every about this grave issue is its connection cluding the ones that were reported be- American should remember to be vigi- to Virginia. I believe Virginia is the ginning Monday of this week by Russia lant, to watch where they go. If they most militarily connected State in our and Syria. see something unusual, if they see country. Our map is a map of American First, on the President coming to something out of character, report it. military history: the battle at York- Congress. This was what was intended We can be the second security force for town, the surrender at Appomattox by the Framers of the Constitution; our country. Court House, the attack on the Pen- that prior to the initiation of signifi- Third, and most importantly, pray tagon on 9/11. Our map is a map of cant military action—and this would for our country. Pray that we have the American military history. We are be significant by all accounts—that strength to continue to confront ter- more connected to the military in the Congress should have to weigh in. The rorism. It is important for us to re- sense that one in nine of our citizens is Framers wanted that to be so. They member that terrorists win when we a veteran. We have Active Duty at the had read history. They knew execu- fear them. When we change what we do Pentagon, training to be officers at tives might be a little too prone to ini- in our lives because we fear terrorism, Quantico, the largest concentration of tiating military action, and they want- they have won that great battle. We naval power in the world at Hampton ed to make sure the people’s elected must stand up to, be vigilant for those Roads. We have DOD contractors. We representatives had a vote about signs that indicate a terrorist attack have DOD civilians such as Army whether an action should be initiated. may happen, and let them know that nurses. We have ROTC cadets, Guard Once initiated, there is only one Com- no matter where, no matter when, or and Reserve members, and military mander in Chief. But at the initiation, no matter what, the people of the families, all of whom care very deeply Congress needs to be involved. That United States of America stand ready about the issue we are grappling with was the intent from the very beginning to confront it and see to it that never as a nation. of this Nation from 1787. There was an does our country cower in fear because I am sure in the Presiding Officer’s understanding that in an emergency, a of terrorism. So on this tragic day, State, as in mine and across the coun- President might need to act imme- when almost 3,000 citizens of the world try, there is a war weariness on this diately, but even in that case there lost their lives in New York City, 12th anniversary of 9/11, and that af- would need to be a reckoning, a coming Shanksville, PA, and Washington, DC, fects the way we look at this question back to Congress and seeking approval it is appropriate that we pause and re- of whether the United States should of Presidential action. member those victims, their families, potentially engage in military action. In my view, the President, by bring- and all of those who worked to save I cast a vote last week in the Senate ing this matter to Congress, has acted lives on 9/11, 2001. We must also remem- Foreign Relations Committee to au- in accord with law, acted in accord ber those three things: Pray for Amer- thorize limited military action, and I with the intent of the Framers of the ica and those who were victims, re- have spent the days since that vote Constitution, and actually has done so member to be vigilant and part of the talking to Virginians and hearing from in a way that has cleared up some slop- army that keeps our eyes open and re- them and hearing from some who piness about the way this institution ports things that are seen, and always aren’t happy with the vote I cast. and the President has actually done remember that when we cower to ter- I spent 1 day talking to ROTC cadets this over time. rorism in fear, the terrorists have won. at Virginia State University, folks who Only five times in the history of the America must always be what America are training to be officers who might Nation has Congress declared war. Over is: the strongest democracy on the face fight in future conflicts for this coun- 120 times Presidents have initiated of this Earth. try. Then I spent Friday in Hampton military action without congressional May God bless our country and may Roads with veterans and military fami- approval—at least prior congressional God bless the souls who died on Sep- lies talking about the choices before approval. Presidents have overreached tember 11, 2001. us. their power, and Congress has often I yield the floor and suggest the ab- I heard a teenager last night say made a decision to avoid being ac- sence of a quorum. something that truly struck me. This countable for this most grave decision The ACTING PRESIDENT pro tem- is a teenager who doesn’t have any di- that we make as a nation. pore. The clerk will call the roll. rect connection to the military herself, I praise the President for bringing it The legislative clerk proceeded to no family members in service. But at to Congress, the people’s body, because call the roll. an event I was attending, she stood and I think it is in accord with law. But I Mr. KAINE. Madam President, I ask said: I don’t know war, but all my gen- praise him for a second reason. It is not unanimous consent that the order for eration and I know is war. Think about just about the constitutional alloca- the quorum call be rescinded. that: I don’t know war, but all my gen- tion of responsibility. Responsibilities The PRESIDING OFFICER (Ms. eration and I know is war. During her were allocated in the Constitution, in HEITKAMP). Without objection, it is so entire life that she has been kind of a my view, for a very important moral ordered. thinking person, aware of the outside reason. The moral reason is this: We f world, we have been at war. That cannot ask our men and women in makes us tremendously war-weary, and service to put their lives on the line if SYRIA I understand that. So trying to sepa- there is not a consensus of the legisla- Mr. KAINE. Madam President, I rise rate out all those feelings and do what tive and executive branches that the to speak to the grave issue of the Syria is right is hard. mission is worthwhile. resolution currently pending before the Similar to many Virginians, I have That is why it is important for Con- body. family in the military who are going to gress to weigh in on a decision to ini- It is September 11. I know many be directly affected by what we do or tiate military hostility because, absent Members have expressed thoughts, and what we don’t do. I think about those that, we face the situation that would we are all thinking about that day and family members and all Virginians and be a very real possibility in this in- what it means to our country. In a few all Americans who have loved ones in stance that a President would make a minutes I will leave and go to the Pen- service as I contemplate this difficult decision that an action or a war was tagon to be with Pentagon staffers and issue. worth fighting but a Congress would family members as they commemorate I wish to say three things. First, I not support it. That would put the men the anniversary of this horrible trag- wish to praise the President for bring- and women who have to face the risk

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.004 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6341 and potentially risk their lives in a lion deaths, a slaughter unlike any- been American service men and very difficult situation. If we are going thing that had ever been seen in global women. The service men and women to ask people to risk their lives in any history. There were all kinds of weap- who fought in World War I were gassed kind of a military action, we shouldn’t ons used in World War I that had never from this country, but the Americans be asking them to do it if the legisla- been used before, including dropping who fought in World War II, in Europe tive and political branches haven’t bombs out of airplanes. Dropping and North Africa and the Pacific, who reached some consensus that it should bombs out of airplanes, new kinds of fought in Korea, who fought in Viet- be done. artillery, new kinds of munitions, new nam, who fought in Afghanistan, who That is the first point I wish to kinds of machine guns, chemical weap- fought in Iraq, who fought in other make. I wish to thank the President ons, all kinds of mechanized and indus- minor military involvements have for cleaning up this sloppiness in the trialized weapons were used in World never had to worry about facing chem- historical allocation of responsibilities War I. The American troops who served ical weapons. No matter how bad the between a President and Congress, for in 1917 and 1918 were gassed. They opponent was, American troops haven’t taking a historic step—as he said he would be sleeping in a trench, trying to had to worry about it, and the troops of would as a candidate—of bringing a get a couple hours of sleep, and they other nations haven’t had to worry question such as this to Congress. would wake up coughing their lungs about it either. This is a very impor- We may be unable to act in certain out or blinded—or they wouldn’t wake tant principle, and it is a positive thing cases because we are divided. But if we up because some of the gases were infor humanity that we reached this ac- act and we act united, we are much visible and silent. With no knowledge, cord and we have honored it. stronger both militarily and in the you could suddenly lose your life or be So what happens now if there isn’t a moral example that we pose to the disabled for life because of chemical consequence for Bashar al-Assad’s esca- world. It is the right thing to do for the weapons. lating use of chemical weapons, to in- troops who bear the burden of battle. The number of casualties in World clude chemical weapons against civil- Second, I wish to talk about the ac- War I because of chemical weapons was ians. tual authorization. We grappled with small as a percentage of the total cas- What happens if we let go of the this. The news came out about the ualties. But it is interesting what hap- norm and we say: Look, that may have chemical weapons attack on August 21, pened. After World War I, the nations been OK for the 20th century, but we and 18 of us members of the Foreign of the world that had been at each oth- are tougher and more cynical now. Relations Committee returned last er’s throats, that had battled each There are not any more limits now, so week. The Presiding Officer came and other, gathered a few years later. It is we don’t have to abide by any norms attended some of our classified meet- interesting to think what they banned now. What I believe the lesson is—and ings. We grappled with the question and didn’t ban. They didn’t ban aerial I think the lessons of history will dem- about whether in this circumstance a bombardment. They didn’t ban ma- onstrate that this will apply—is that limited military authorization was ap- chine guns. They didn’t ban rockets. an atrocity unpunished will engender propriate, and I voted yes. I voted yes They didn’t ban shells. They didn’t ban future atrocities. We will see more for a very simple reason. I believe artillery. But they did decide to ban atrocities in Syria against civilians there has to be a consequence for using chemical weapons. They were able to and others. We will see more atrocities chemical weapons against civilians. all agree, as combatants, that chemical abroad. We will see atrocities, and we It is pretty simple. There are a lot of weapons were unacceptable and should will have to face the likely con- nuances, a lot of subtleties, and a lot of neither be manufactured nor used. sequence that our servicemembers, who questions about whether the plans It can seem maybe a little bit illogi- have not had to face chemical weapons might accomplish the particular objec- cal or even absurd: Why is it worse to since 1925, will now have to prepare to tive we hope. Those are all legitimate be killed by a chemical weapon than a face them on the battlefield. questions. But at the end of the day, I machine gun or by an artillery shell? I If countries can use chemical weap- feel so very strongly that if chemical don’t know what the logic is to it. All ons and there is no serious con- weapons have been used—and in this I can assume is that the experience of sequence, guess what else they can do. case they were and used on a massive that day and moment had inspired They can manufacture chemical weap- scale and used against civilians—there some common spark of humanity in all ons. Guess what else. They can sell must be a consequence for that. There of these cultures and combating na- chemical weapons and proliferate must be a sharp consequence for it. If tions, and they all agreed the use of chemical weapons. It is not just a mat- there isn’t, the whole world will be chemical weapons should be banned ter that the use of chemical weapons worse off. heretofore on the Earth. would be encouraged, but the manufac- I believe that if the United States Nations agreed with that ban. The ture and sale of chemical weapons by acts in this way to uphold an impor- Soviet Union was on board. The United individuals or companies or countries tant international norm—perhaps the States was on board. So many nations that want to make money will pro- most important international norm were on board. Syria ultimately signed liferate. that weapons of mass destruction can’t that accord in 1968. Even in the midst This has a devastating potential ef- be used against civilians—if we act to of horrific wars where humans have fect on allies of the United States and uphold the norm, we will have part- done horrific things to each other, the neighbors around Syria such as ners. How many partners? We will see. since 1925 and the passage of the ban, Lebanon, Israel, Jordan, and Turkey. It Maybe not as many as we would wish, the ban has stuck. The international would have a devastating impact on but we will have partners. But I am community has kept that ember of hu- other allies, such as South Korea, that also convinced that if the United manity alive that says these weapons border nations that use chemical weap- States does not act to uphold this prin- should not be used, and only two dic- ons. It could encourage other nations ciple, I don’t think anyone will act. If tators until now have used these weap- that have nonchemical weapons of we act, we will have partners; if we ons—Adolph Hitler using these weap- mass destruction, for example, nuclear don’t, I don’t think anyone will act. ons against millions of Jews and others weapons, to think that the world will That is the burden of leadership that is and Saddam Hussein using the weapons not stand up, there is no consequence on this country’s shoulders. against Kurds, his own people, and for their use so they can violate trea- We know about the history of the then against Iranians in the Iraq-Iran ties, violate norms, and no one is will- chemical weapons ban, and we are so war. ing to stand and oppose it. used to it that it seems normal. But When we think about it, it is pretty That was the reason I voted last just to kind of step back from it, if we amazing. With all the barbarity that week in the Foreign Relations Com- think about it, it is not that normal at has happened since 1925, this has gen- mittee for this limited authorization of all. erally stuck, with the exception of Ad- military force. I was fully aware the The chemical weapons ban came out olph Hitler and Saddam Hussein, until debate on the floor might amend or of World War I. World War I was a now. The beneficiaries of this policy change it, and I was open to that possi- mechanized slaughter with over 10 mil- have been civilians, but they have also bility. But I thought it was important

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.006 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE September 11, 2013 to stand as a representative of Virginia vention. They are one of six nations in through and win, I ask we continue to and a representative of this country to the world that refused to sign it. Syria be resolved, continue to show strength, say: The use of chemical weapons may would not even acknowledge they had continue to hold out the option that suddenly be OK in the 21st century for chemical weapons until 2012—even there will be a consequence for this Bashar al-Asad, it may suddenly be OK though the world knew it. international crime, that America will to Vladimir Putin and others, but it is Over the last 48 hours, we have seen play a leading role in making sure not OK to the United States of Amer- diplomatic options emerge that are there is a consequence, and as long as ica, and we are willing to stand and op- very serious and meaningful. In fact— we stand strong with this resolve, we pose them. and it is too early to tell—if we can will maximize the chance that we will The limited military authorization have these discussions and find an ac- be able to obtain the diplomatic result that is on this floor, as the Presiding cord where Syria will sign on to the we want. Officer knows, talks about action to convention and put these weapons I thank the Presiding Officer. punish, deter, and degrade the ability under international control, we will I yield the floor. of the Syrian regime to use chemical not only have avoided a bad thing, such The PRESIDING OFFICER (Ms. weapons. The goal is to take the chem- as military action, which none of us BALDWIN). The minority whip. ical weapons stockpile of that nation want unless it is necessary, but we will Mr. CORNYN. Madam President, my out of the battlefield equation. The have accomplished a good thing for dad was a pilot in the Army Air Corps civil war will continue. We don’t have Syrians and humanity by taking this in World War II. He served in the the power, as the United States, to dic- massive chemical weapons stockpile off Eighth Air Force, the 303rd Bomb Group stationed in Molesworth, Eng- tate the outcome of that war. But the battlefield and submitting it to land. On his 26th bombing mission over chemical weapons should not be part of international control and eventually Nazi Germany, he was shot down and that war, and they should not be part destruction. captured as a prisoner of war where he of any war. The offer that is on the table, and the The authorization was limited. There action that has happened since Monday served for the remainder of the war. So will be no ground troops. It was limited is very serious, very significant, and I learned at a very young age that in scope and duration, but make no very encouraging, and it could be a when we start talking about matters of war and peace, we must take these mistake, the authorization was a clear game changer in this discussion. I said very seriously. statement of American resolve that it is serious, but what we still need to I appreciate the fact that President there has to be a consequence for use of determine is if it is sincere. It is seri- Obama came to Capitol Hill yesterday these weapons in violation of inter- ous and significant, but obviously what and spoke to both the Democratic con- national norms that have been in place the administration needs to do in tan- ference and the Republican conference. since 1925. dem with the U.N. is to determine I further appreciate very much the fact Finally, I want to talk about diplo- whether it is sincere. that President Obama spoke to the macy and the urgent need that I know I will conclude by saying I think it is American people last night. I actually we all feel in this body, and as Ameri- very important for Americans, for citi- wish he had done it a little earlier cans, to pursue diplomatic alter- zens, and for the Members of Congress since the chemical weapons attacks oc- natives—including some current alter- to understand—we should make no curred on the 21st of August. It was natives on the table—that would be far mistake about this—that the diplo- roughly 3 weeks after that that he fi- preferable to military action. It is very matic offer that is on the table was not nally spoke to the American people. I important that we be creative. It is on the table until America dem- think it would have been better for him very important that we have direct onstrated it was prepared to stand for and better for the country if he had talks with the perpetrators and the proposition that chemical weapons done it sooner and demonstrated a enablers of these crimes, but also im- cannot be used. greater urgency, but I am glad he did portant to look to intermediaries and I have no doubt that had we not it. independent nations for diplomatic al- taken the action in Congress last week When a President asks the American ternatives. in the Foreign Relations Committee to people to support our U.S. military and We have been trying to do so until re- show America is resolved to do some- the use of military force, he has a sol- cently and have been blocked in the thing, if no one else in the world is re- emn obligation to communicate to the United Nations. But the authorization solved to do something, at least we American people how it will protect for military force actually had that as would be resolved to do something, had America’s vital interests. He has an ob- its first caveat. The authorization said: we not taken that action, Russia would ligation to tell the American people Mr. President, if this passes, we au- not have suddenly changed its posi- why going to war is absolutely essen- thorize you to use military force, but tion—they have been blocking action tial to U.S. national security. He has before you do, you have to come back after action in the Security Council— an obligation to lay out clear and real- to Congress and stipulate that all dip- and come forward with this serious rec- istic objectives; and finally, he has an lomatic angles, options, and possibili- ommendation. Had we not taken that obligation to explain how military ties have been exhausted. action, and had they not been fright- intervention fits within America’s So on the committee, and with the ened of what America might do, broader foreign policy strategy. wording of this authorization, we were Syria—which was willing to use with I have used the word war advisedly very focused on the need to continue a impunity these weapons against civil- because sometimes I think we get diplomatic effort, and that is why it ians—would not have come forward ei- caught up in political correctness was so gratifying on Monday, on my ther. around here—talking about workplace way back to DC after a long week, to So American resolve is important. violence at Fort Hood and overseas hear that Russia had come to the table American resolve is important to show contingency operations. with a proposal inspired by a discus- the world that we value this norm and As a veteran of the U.S. Marine Corps sion with administration figures. It is a we will enforce it, even to the point of who served 40 years told me last week proposal that the Syrian chemical limited military action. But even more when I asked for his advice on what the weapons stockpile—one of the largest important, American resolve is impor- President was asking us to do, he said: in the world—would be placed under tant because it encourages other na- Anytime you kill people in the name of international control. tions—even the perpetrators and the U.S. Government, it is an act of Then a few hours later—and this was enablers of the use of these weapons— war. no coincidence—Syria, essentially Rus- to come forward and shoulder the re- So like others in this Chamber over sia’s client state, spoke up and said: We sponsibilities they have, or so we pray, the last few weeks, I have attended will very much entertain placing our in the days ahead. meetings with the President where I chemical weapons under international What I ask of my colleagues and my had the honor of being in his presence control. Syria has even suggested, be- countrymen is that because it has been and listening to him in person on two yond that, they would finally sign on our resolve that has produced a possi- occasions. I listened to other adminis- to the 1990s-era Chemical Weapons Con- bility for a huge diplomatic break- tration officials. Like all of us, I sat

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.008 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6343 through hours of classified briefings world? He is going to say: The world’s criteria. He has failed to make the case with the Central Intelligence Agency, greatest military force took a shot at that a short, limited military cam- the Department of Defense, and the me and I am still here. I am still in paign would promote our vital inter- State Department. power. I won and America lost. That is ests and our national security. He has I have listened intently as Senator how I can see this backfiring in a very failed to lay out clear and realistic ob- Kerry described in what I thought at serious way, undermining America’s jectives that could be obtained through first was an inadvertent statement credibility—credibility we must keep the use of military force. And he has made as a result of fatigue. I can only intact, particularly as we look at larg- failed to offer a compelling description imagine what he must have been going er, looming threats such as the Iranian of how his proposed intervention would through. He has been shuttled back and aspiration for nuclear weapons. advance America’s broader foreign pol- forth around the world to try to resolve I wish to be clear, though: I would be icy strategy; indeed, how it would ad- this issue. But he described this strike willing to support a military operation vance his own policy of regime change. as unbelievably small. I was further in Syria but only if our intervention Therefore, if we were asked to vote on surprised when I heard the White met certain criteria. No. 1: If it di- an authorization under these cir- House press secretary say: No, it rectly addressed the nightmare sce- cumstances, I would vote no. wasn’t a gaffe; he didn’t misspeak. I nario of Asad’s use of chemical weap- I am under no illusion—none of us mean, we all misspeak from time to ons falling into the hands of terrorists. are—about the utter depravity of time, so I expected him to say: Well, he It is not just his use of chemical weap- Bashar al-Asad. Over the last 21⁄2 years should have used other words or might ons on his own people; it is the poten- his regime has committed unspeakable have used other words. Then Senator tial that those chemical weapons could acts of rape, torture, and murder. The Kerry himself—now Secretary Kerry— get into the hands of Al Qaeda and chemical weapons attacks, by the way, said: No, I didn’t misspeak. other terrorist organizations and harm as described by Secretary Kerry’s own I was encouraged to hear the Presi- either Americans or American inter- testimony in the House of Representa- dent address the Nation because I be- ests around the world. tives, included 11 earlier uses of chem- lieve before we take our case overseas No. 2: I could support a resolution if ical weapons, but they were smaller. to American allies, we should first it involved the use of decisive and over- Can we imagine the difficulty of trying make the case here at home to the whelming force, without self-imposed to impose a redline when that redline American people. limitations, and without leaking to our is crossed 11 times before the President In making their case for a brief, lim- enemies what our tactics are and what finally decides to try to enforce it? But ited attack against Syria, administra- it is we would not do, and ruining one there is no question that the use of tion officials have repeatedly said U.S. of the greatest tools in war, which is chemical weapons shows an appalling military intervention would not seek the element of surprise. Why in the disregard for human life and a cruel de- to topple the Asad regime even though world would we tell Asad what we are sire to terrorize the Syrian population. regime change has been the policy of going to do—and Secretary Kerry said I, as others, have consistently de- the U.S. Government since at least Au- it would be a small attack—and why manded that Russia stop arming Asad gust 2011. They said their military would we tell Asad what we won’t do, and stop defending him and blocking campaign would not seek to change the thereby eliminating both the ambi- U.N. Security Council resolutions, and momentum in Syria’s civil war, even guity of our position and the potential aiding and abetting his barbaric atroc- though, as I mentioned a moment ago, threat of even more serious and over- ities against his own people. I want to our government’s official policy is one whelming military force? see a free democratic Syria as much as of regime change, that Asad must go. No. 3: I would be willing to support anyone else. But that does not mean I My view is a U.S. attack that allowed an authorization if it were an integral will vote to support a reckless, ill-ad- Asad to remain in power with one of part of a larger coherent Syria policy vised military intervention that could the world’s largest stockpiles of chem- that clearly defined the political end jeopardize our most important national ical weapons would not promote U.S. state. I still remember General security interests. national security interests. Indeed, it Petraeus, the head of Central Com- There have been a lot of people who is not hard to imagine how that kind of mand covering Iraq and Afghanistan, have opined on the President’s request, intervention could actually backfire talking about our policy in those coun- some better informed than others. One and end up being a propaganda dis- tries. He said, The most important opinion I found particularly convincing aster. question, perhaps, when we go to war is was that of retired Army MG Robert Many of us are concerned about up- how does this end. We need a clearly Scales who has written that the path holding America’s credibility, particu- defined political end state that we are to war chosen by the Obama adminis- larly when it comes to matters such as trying to achieve by what the Presi- tration ‘‘violates every principle of this, and I share their concern. But it dent requested and we need an outline war, including the element of surprise, would help if before we launch a half- of a realistic path to get there. achieving mass and having a clearly hearted, ineffectual attack which gives No. 4: I believe it is important that defined and obtainable objective.’’ our enemies a major propaganda vic- we have a sizable international coali- As I said, we know the latest chem- tory that we come up with a more co- tion of nations, each of which is con- ical weapons attack occurred on Au- herent plan and strategy for accom- tributing to the war effort. gust 21. Yet President Obama didn’t ad- plishing our public policy goals. This is an amazing reversal for the dress the Nation until 3 weeks later. Murphy’s law says what can go wrong President since the time he was a Sen- The Syrians, of course, have now had will go wrong. Well, there is a Mur- ator and a Presidential candidate. To weeks to prepare for any pending mili- phy’s law of war too—perhaps many of say we are not going to the United Na- tary intervention and no doubt have them but one of them is no plan to go tions—and I understand why; because moved the chemical weapons to other to war survives the first contact in- of China and Russia, their veto of any locations and their military equipment tact. In other words, we can plan to resolution out of the Security Council, to civilian population centers in order shoot the first bullet, but we can’t con- we are not going to go to NATO. In- to protect them from any attack. With trol what happens after that. deed, the President seemed content, or no element of surprise, it makes the In all likelihood, such an attack at least resigned, to going it alone. And potential for success of any military would hurt our credibility and reduce if it is true this redline is the inter- intervention much less and reveals U.S. public support for future interven- national community’s redline, then the there is no real coherent policy in this tions. This is what I mean: If we were international community needs to con- regard. to undertake a limited military attack tribute to the effort to hold Asad ac- Consider what happened last Monday. against Asad in order to punish him for countable. Secretary of State Kerry made what he using chemical weapons—which is a The problem is President Obama’s re- calls an off-the-cuff remark about the horrific act on his part, a barbaric act quested authorization for the use of possibility of canceling a missile strike on his part—but it left Asad in power, military force under these cir- if Asad turned over all of his chemical what is he going to tell the rest of the cumstances fails to meet each of those weapons. In the same statement he

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.009 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6344 CONGRESSIONAL RECORD — SENATE September 11, 2013 said he wasn’t sure that would work or And this is the same dictatorship that has ever done more to promote peace that he would ever be serious about it, was secretly working on a nuclear and prosperity around the world. I have but he did say it. Russia, of course, im- weapons program before the Israelis every confidence that if called upon to mediately responded by offering to took care of it in 2007. act our men and women in uniform will broker a transfer of Syria’s WMD to We have been told that however un- do just that. They will perform their international monitors. fortunate President Obama’s ‘‘redline’’ duties with the utmost skill, bravery, After spending weeks trying to make comment might have been, upholding and professionalism. But we should the case for war, President Obama has his threat is about maintaining Amer- never send them to war tying one hand asked that the vote in this Chamber be ican credibility. And I admit, Amer- behind their back and ask them to canceled and is apparently treating the ican credibility in matters of war and wage limited war against a dictator for Russian-Syrian proposal as a serious peace and national security are very, whom, as I said earlier, this is total diplomatic breakthrough. I would cau- very important. But America’s credi- war. This is win or die. Military force tion all of us—the American people and bility on the world stage is about more is like a hammer, and you cannot all of our colleagues—to be skeptical, than just Presidential rhetoric. It is thread the needle President Obama for good reason, at this lifeline Vladi- about defining clear objectives and es- wants to thread with a hammer. mir Putin has now thrown the adminis- tablishing a coherent strategy for I would like to conclude by saying tration. I would remind the President achieving them. In the case of Syria, that this debate—which is important and our colleagues that Russia itself is President Obama has not offered a and serious and one the American peo- not in full compliance with the Chem- clear strategy or clearly laid out his ple expect us to have—is not about iso- ical Weapons Convention, nor is it even objectives. lationism versus internationalism. Be- in compliance with nuclear arms con- Given all that, I am not surprised lieve me, I am no isolationist, and I trol obligations that are subject to an that the American people do not sup- fully support the global security role international treaty. The litany of port the President’s call for the use of America has played since World War II, Russian offenses is long, but I would limited military force in Syria. Those since my dad was a POW. A world with- remind President Obama that since he are the calls I got in my office. As I out American military dominance launched the so-called Russian reset, went back to Texas, I kept hearing peo- would be, as Ronald Reagan noted, a Moscow has vetoed U.N. resolutions on ple—who I would think under almost much more dangerous place. I believe Syria, sent advanced weaponry to the any other circumstances would say: If peace comes with American strength. Asad regime, stolen elections, stoked America’s national security interests However, it will be harder to maintain anti-Americanism, made threats over are at stake, then we are behind the our global military dominance if we our possible deployment of missile de- President, we are behind military waste precious resources, our credi- fense systems; it has expelled USAID intervention, but they simply saw an bility, and political capital on hasty, from Russia, pulled out of the Nunn- incoherent policy and objectives that misguided, unbelievably small inter- Lugar Cooperative Threat Reduction were not clearly laid out to obtain the ventions. Program; it has banned U.S. citizens result the President himself said is our Once again, I would be willing to sup- from adopting Russian children, and of- policy. port an authorization for a military fered asylum to NSA leaker Edward Well, the most recent experience we strike against Syria if it met certain Snowden. In short, we have very little have had as a country with limited war basic criteria I have laid out. But I reason to believe Moscow is a reliable has been Libya, and I have heard the cannot support an operation that is so diplomatic partner. The Russians are President tout that as perhaps an ex- poorly conceived, so foolishly part of the problem in Syria, not part ample about how we can get in and get telegraphed, and virtually guaranteed of the solution. Let me say that clear- out. The 2011 military operation that to fail. ly. The Russians are part of the prob- deposed Muammar Qadhafi was sup- I yield the floor. lem in Syria; they are not credibly part posed to be a showcase example of a Mrs. FEINSTEIN. Good afternoon, of the solution. limited operation in which America led Madam President. Moreover, I am curious to learn how from behind and still obtained its ob- The PRESIDING OFFICER. The Sen- international monitors would ade- jectives without putting U.S. boots on ator from California. quately confirm the disposal of chem- the ground. Unfortunately, the admin- Mrs. FEINSTEIN. Madam President, ical weapons by a terrorist-sponsoring istration had no real plan for what hap- I ask unanimous consent to speak for dictatorship among a ferocious civil pened after Qadhafi fell. 25 minutes. war. While this strike the President We all know it was 1 year ago today The PRESIDING OFFICER. Without talked about might have been limited in Benghazi when terrorists linked to objection, it is so ordered. in his imagination, if you are Bashar Al Qaeda massacred four brave Ameri- Mrs. FEINSTEIN. Thank you very al-Asad, this is total war, because he cans, including U.S. Ambassador Chris much, Madam President. realizes the only way he will leave Stevens. Today Libya is spiraling into I rise to speak on the use of chemical power is in a pine box. He knows that. chaos and rapidly becoming a failed weapons by the Syrian regime and the This is total war. I asked the President state. Earlier this month a leading decision that is before the Senate on yesterday: What happens if, in order to British newspaper reported that how to respond to such inhumanity. I punish Asad, we intervene militarily ‘‘Libya has almost entirely stopped also come to the floor with the hope and it doesn’t work? In his fight for his producing oil as the government loses that the use of military force will not survival and the survival of his regime, control of much of the country to mili- prove necessary and that the proposal he uses them again in an act of des- tia fighters.’’ All sorts of bad actors, to place Syria’s chemical weapons pro- peration? The President said, We will including terrorist groups, are flooding gram under United Nations control hit him again. Well, clearly, what had into the security vacuum, and ‘‘Liby- will, in fact, be successful. become a limited strike could quickly ans are increasingly at the mercy of Last night, in my view, the President spiral out of control into a full-blown militias which act outside the law.’’ delivered a strong, straightforward engagement in Syria. I think the Presi- Before I conclude, I want to say a few speech that directly outlined the cur- dent’s own words suggest that. words about America’s Armed Forces rent situation in Syria. He asked that But, of course, the Asad regime is the and America’s role in the world. a vote by the Congress to authorize same one that refuses to acknowledge We all know and are extraordinarily military force against the Asad regime the full extent of its chemical arse- proud of our men and women who wear be delayed so that a strategy could be nal—and this is something we will be the uniform of the U.S. military. No developed with Russia and the United hearing more about. It has bioweapons military in history has been more pow- Nations Security Council that would capability. Bioweapons capability is erful. No military has ever been more eliminate Syria’s deadly chemical actually a much greater threat to courageous. No military has been more weapons program. I believe this is the American interests than chemical selfless and fought and bled and died to appropriate path forward, and I appre- weapons, which are more difficult to protect innocent people in far-flung ciate very much the majority leader’s transport and much harder to handle. places across the planet. No military holding off on bringing this resolution

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.011 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6345 for a vote so that negotiations can con- precedent for the United Nations to act held as anathema by almost the entire tinue. Here in the Senate, there are to resolve conflict before there is large world population. discussions going on about how to military confrontation. Let me lay out the intelligence case amend the resolution passed by the But it should be clear by now that that the Asad regime used chemical Foreign Relations Committee to pro- the Asad regime has repeatedly used weapons on August 21. Much of this is vide time for diplomacy. chemical weapons. So I would like to described in a four-page August 30 un- I would also like to take a minute to speak as chairman of the Senate Select classified document entitled ‘‘U.S. give Russia credit for bringing forward Committee on Intelligence and lay out Government Assessment of the Syrian this plan for a negotiated solution to some of the unclassified intelligence Government’s Use of Chemical Weap- the conflict. I disagree with the Sen- that shows the regime was indeed be- ons on August 21, 2013.’’ ator from Texas. As the Russian Am- hind this largest use of chemical weap- I ask unanimous consent that the bassador described to me on Monday of ons in more than two decades. The un- document be printed in the RECORD. this week, he said Russia is sincere, classified assessment is based on classi- We know that 3 days before the at- wants to see a United Nations resolu- fied intelligence we have seen on the tack of August 21, Syrian officials in- tion, and supports the Geneva II proc- Intelligence Committee and it has been volved in the preparation and use of ess which would accompany a nego- available to all Senators. So here is the chemical weapons and associated with tiated settlement to Syria’s civil war. case. the Syrian Scientific Studies and Re- Based on my conversation with Ambas- The intelligence community assesses search Center were ‘‘preparing chem- sador Kislyak, I believe Russia’s goal is today, with ‘‘high confidence,’’ that ical munitions’’ in the Damascus sub- now, in fact, to eliminate these weap- the Syrian regime used chemical weap- urb of Adra. That is according to the ons, and I would point out that is also ons—specifically sarin—in the Damas- intelligence community. our goal. cus suburbs in the early morning of The intelligence specifically relates So I very much hope that the path to August 21. This assessment is sup- to an area in Adra that the regime has settlement—although complicated, no ported by all 16 of our intelligence used for mixing chemical weapons, in- doubt, but if well-intentioned by all agencies as well as other countries, including sarin. The Syrian chemical participants, it can be accomplished, cluding the United Kingdom and weapons personnel were operating and and I deeply believe that. If the United France. present there from August 18 to the Nations Security Council can agree on The Obama administration has pub- early morning of August 21, and fin- a resolution to put this proposal into licly laid out its case at an unclassified ished their work shortly before the at- practice, it would put the world’s im- level, and I have carefully reviewed the tack began. primatur on an important plan to safe- classified information that supports Some of the intelligence collected on guard and then to destroy Syria’s those findings. the preparations for the attack is high- chemical weapons program. First, there is intelligence indicating ly sensitive. So the details of the Syr- Russia’s responsibility to get this that the Asad regime—specifically its ian actions cannot be described pub- done is enormous, and they must move military and the Syrian Scientific licly without jeopardizing our ability with all deliberate speed. I think Rus- Studies and Research Center, which to collect this kind of intelligence in sia and Syria must understand that the manages its chemical weapons pro- the future. But in numerous classified only way to forestall a U.S. strike on gram—has used chemical weapons briefings over the past 2 weeks, Mem- Syria is for there to be a good-faith roughly a dozen times over the past bers of Congress have been provided agreement and process underway to year. with additional detail on the names of put all of Syria’s chemical weapons— On June 13, 2 months before this lat- the officials involved and the stream of including munitions, delivery systems, est attack, the administration stated human signals and geospatial intel- and chemicals themselves—under that it had completed a review of all ligence that indicates that regime was international control for eventual dem- available intelligence and had con- preparing to use chemical weapons. So olition. cluded that the intelligence commu- we actually have names. Syria’s chemical weapons program is nity had ‘‘high confidence’’ that the It is from the specificity of this intel- maintained and stored across Syria in Asad regime used chemical weapons, ligence reporting that the intelligence more than three dozen sites. There are ‘‘including the nerve agent sarin, on a community has drawn its high level of indications that Syria currently has small scale against the opposition mul- confidence that the regime was behind chemical weapons loaded and ready for tiple times.’’ This followed similar as- the use of chemical weapons. The immediate use in bombs, artillery, and sessments by France, the United King- strike began in the early morning rockets and already loaded on planes dom, Israel, and Turkey earlier this hours on Wednesday, August 21. It is and helicopters. All of it needs to be year. In some of these cases the regime beyond doubt that large amounts of ar- inventoried, collected, and then de- may have been testing its delivery ve- tillery and rockets were launched from stroyed as soon as possible if the effort hicles or various amounts of chemical regime-controlled territory in Damas- is to succeed. This will be a large and agents. Some were small-scale tactical cus and rained down on the opposition- complicated process, and the agree- uses against the opposition. Perhaps controlled areas of the Damascus sub- ment may take some time to put in Asad was just trying to find out how urbs. There is satellite imagery actu- place. But if it can be done, we should the world would react to his use of ally showing this, as well as thousands take the time to get it done right. At chemical weapons. of firsthand accounts that began show- the same time, we cannot allow there It has been more than a year since ing up on social media sites at around to be so much delay and hesitation, as top intelligence officials learned of 2:30 a.m. has characterized some arms control Syrian preparations to use sarin in The barrage continued for 5 days, efforts in the past. large quantities. Since then, at numer- though the use of chemical weapons ap- It is clear to me that the United ous other briefings and hearings, the pears to have been deliberately sus- States is moving quickly already. To- Intelligence Committee has followed pended by the regime after the first few morrow Secretary Kerry and Russian this issue closely. On September 11, hours. Since the attack, physical sam- Foreign Minister Sergey Lavrov will 2012—exactly a year ago—while pro- ples from the area have been analyzed. meet in Geneva to discuss the specifics tests against our Embassy in Cairo The intelligence community assesses of how to move forward. were underway and the attack on our with high confidence that ‘‘laboratory I cannot stress enough the impor- diplomatic facility in Benghazi was im- analysis of physiological samples ob- tance of this process. Not only is it a minent, I was again briefed on the ad- tained from a number of individuals re- possible solution to the specter of fu- ministration’s plans should Asad con- vealed exposure to Sarin.’’ ture use of chemical weapons by the duct such an attack. More than 100 videos were posted on- Syrian regime and a way to ensure So the attack on August 21 in Damas- line showing the effects of the chem- that extremist elements of the opposi- cus was not a first-time use, rather it ical weapons on hundreds of men, tion do not gain control of these weap- was a major escalation in the regime’s women and, most troubling, sleeping ons, but it also sets an important willingness to employ weapons long children who were dead or showing the

VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.013 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE September 11, 2013 signs of exposure to the nerve agent. communications from regime officials community. Iran is watching intently At my request, the intelligence com- that confirms their knowledge that what the world will do in Syria and munity compiled a representative sam- chemical weapons were used. The offi- will apply the lessons it learns to its ple of 13 videos which have been cor- cial unclassified intelligence assess- current development of nuclear weap- roborated and verified. According to ment distributed by the administration ons. the intelligence community, ‘‘At least states: ‘‘We intercepted communica- North Korea, which has refrained 12 locations are portrayed in the pub- tions involving a senior official inti- from using both the nuclear weapons it licly available videos, and a sampling mately familiar with the offensive who has and the chemical weapons stock- of those videos confirmed that some confirmed that chemical weapons were pile that actually dwarfs that of Syria, were shot at general times and loca- used by the regime on August 21 and may well use the Asad example to fire tions described in the footage.’’ was concerned with the U.N. inspectors on South Korea. Remember, we have These videos clearly show the suf- obtaining evidence.’’ On the afternoon 28,000-plus troops right over the border fering and death caused by these weap- of August 21, we have intelligence that of the DMZ, within a half hour. ons. The intelligence committee has Syrian chemical weapons personnel More generally, countries around the posted these videos on our Web site, were directed to ‘‘cease operations.’’ world will see the United States as a www.intelligence.senate.gov. I would This is specific evidence. paper tiger if it promises to take ac- urge all Americans to look at this. To sum up the intelligence case, I tion but fails to do so. Former Sec- They are absolutely horrendous and have no doubt the regime ordered the retary of Defense, Bob Gates, whom I should shock the conscience of all hu- use of chemical weapons on August 21. have great respect for, who worked in manity. I also have no doubt the use of these both the Bush and Obama administra- The videos show the physical mani- weapons by the military and under the tions, said exactly that when he came festations of a nerve agent attack: guidance of Syria’s chemical weapons out in support on the resolution for use foaming mouth, pinpointed and con- team, Branch 450, operates under the of force against Syria. stricted pupils, convulsions, gasping command and control of the regime, Gates said this: for breath, all happening as the nerv- under the ultimate leadership and re- I strongly urge the Congress, both Demo- ous system begins to shut down. sponsibility of President Asad. crats and Republicans, to approve the Presi- One video shows a lifeless toddler re- Let me move now from the intel- dent’s request for authorization to use force. ceiving emergency respiratory assist- ligence case of Syria’s use of sarin on Whatever one’s views on the current United ance. Another shows a young boy States policy towards Syria, failure by Con- August 21 to the question before the struggling to breathe, gasping while gress to approve the request would, in my Senate of how to respond. As I said in his eyes are swollen shut and covered view, have profoundly negative and dan- the beginning, it would be my strong in mucous. A third heinous video shows gerous consequences for the United States, hope that the United States and Russia not just in the Middle East, but around the rows and rows of bodies lined up in an can come to an agreement with other world both now and in the future. improvised morgue. Another shows a U.N. Security Council members on a I strongly believe the major powers man foaming at the mouth and conway to resolve this situation peace- in the world have a responsibility to vulsing, both indications of sarin expo- fully. take action when a country not only sure. It goes on and on. Last night, the President urged all Not only is a peaceful solution pre- slaughters 100,000 of its own citizens, Americans to watch these videos to see ferred to the use of force, but if Syria’s makes millions homeless within Syria, how hideous the use of these chemicals chemical weapons program, including and makes millions into refugees in actually is. Seeing these images first- all of its precursors, chemicals, equip- Turkey and Jordan, but especially hand makes clear why chemical weap- ment, delivery systems, and loaded when it is willing to use weapons ons have been banned and why Asad bombs, can be put in the custody of the against them that have been banned as must be prevented from using them United Nations for its eventual dean affront to all humanity because again. struction, that would provide a much they are outlawed by a treaty joined by What truly affected me was a video I stronger protection against future use. 189 nations representing 98 percent of saw of a little Syrian girl with long It also sets an important precedent the world’s population. dark hair who was wearing pajamas. for the future for the world to settle If the United Nations does not act in The little girl looked just like my other disputes of this nature. I have such cases, I believe it becomes irrele- daughter at that age—same hair, same urged the Obama administration to vant. If nothing is done to stop this use pajamas, same innocence, except the take all possible steps to make this of chemical weapons, they will be used little Syrian girl was lifeless. She had proposal work. I appreciate the Presi- in future conflicts. I am confident of died from exposure to sarin, a chemical dent’s decision to ask us to delay any that. the world has essentially outlawed. For use-of-force resolution so diplomacy American servicemen in World War I me, watching the videos shows the ab- can be given a chance. However, the were gassed with their allied partners. horrence of chemical weapons. It shows Senate may still face a resolution to In our briefings over the past week, the why we must do something. Fired into authorize the use of force in the event military has made clear to us that if densely populated areas such as cities, that all diplomatic options fail. Many we allow the prohibition on chemical they have an indiscriminate effect, of my colleagues have noted that the weapons use to erode, our men and killing everyone in their path and threat of force has helped push forward women in uniform may again suffer causing suffering and eventual death to the diplomatic option. from these weapons on the battlefield. others nearby. The Asad regime has clearly used Chemical weapons are not like con- We have evidence that the chemical chemical weapons to gas its own peo- ventional weapons. Consider for a mo- attack was premeditated and planned ple. I believe it will most likely do so ment how sarin, for example, can kill as part of the regime’s heinous tactics again, unless it is confronted with a so indiscriminately. The closer you are against the rebels. Specifically, there major condemnation by the world. to the release, such as from a mortar is intelligence that Syrian regime per- That now is beginning to happen. or an artillery shell, the more certain sonnel were prepared with gas masks The regime has escalated its attacks you are to death. It spreads over a wide for its people in the area, so it could from small scale ones that killed 6 or 8 geographic area. It can shift from one clear these areas in the Damascus sub- to 10 people with sarin to an attack neighborhood to another if the wind urbs that were attacked in order to that killed more than 1,000. We know shifts. wrest control from the opposition. Ad- the regime has munitions that could During World War I, chemical weap- ditional intelligence collected fol- kill tens of thousands of Syrians in ons, primarily chlorine, phosgene, and lowing the attacks includes commu- Aleppo or Homs. If the world does not mustard gas were used by both sides of nications from regime officials that respond now, we bear the responsibility the war. They caused an estimated confirms their knowledge that chem- if a larger tragedy happens later. 100,000 fatalities and 1.3 million inju- ical weapons were used. Of course, it is not only Syria who is ries, 1,462 American soldiers were Let me repeat that. Additional intel- looking at preparing and using weap- killed, and 72,807 were injured by chem- ligence following the attack includes ons long banned by the international ical weapons, which represented one-

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.016 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6347 third of all U.S. casualties during ment together, and that the threat of tard, sarin, and VX and has thousands of mu- World War I. force will be sufficient to change Presi- nitions that can be used to deliver chemical Since World War I, not a single U.S. dent Asad’s behavior. warfare agents. Syrian President Bashar al-Asad is the ul- soldier has died in battle from exposure If these diplomatic efforts at the U.N. timate decision maker for the chemical to chemical weapons. However, accord- fail, I know we are going to be back weapons program and members of the pro- ing to the United Nations Office for here on the floor to consider the au- gram are carefully vetted to ensure security Disarmament Affairs, ‘‘since World thorization for use of military force, and loyalty. The Syrian Scientific Studies War I, chemical weapons have caused but I sincerely hope it won’t be nec- and Research Center (SSRC)—which is subor- more than 1 million casualties glob- essary. dinate to the Syrian Ministry of Defense— manages Syria’s chemical weapons program. ally.’’ When the Ambassador from Russia We assess with high confidence that the During World War II, Nazi Germany described Russia’s intentions to me on Syrian regime has used chemical weapons on used carbon monoxide and pesticides Monday, he told me it was sincere. Now a small scale against the opposition multiple such as Zyklon B in gas chambers dur- the ball is in Russia’s court. Russia and times in the last year, including in the Da- ing the Holocaust, killing an estimated the United States will need to come to- mascus suburbs. This assessment is based on 3 million people. gether, bring the other parties to- multiple streams of information including An additional document will be reporting of Syrian officials planning and gether, and make it possible for the executing chemical weapons attacks and lab- printed in the RECORD that details the United Nations to act so the United oratory analysis of physiological samples ob- history and uses of chemical weapons States won’t have to. tained from a number of individuals, which around the world since World War I. I yield the floor. revealed exposure to sarin. We assess that These past uses of chemical weapons There being no objection, the mate- the opposition has not used chemical weap- make clear that they should never be rial was ordered to be printed in the ons. used again and that the entire world The Syrian regime has the types of muni- RECORD, as follows: tions that we assess were used to carry out must stand up and take action if they U.S. GOVERNMENT ASSESSMENT OF THE SYR- the attack on August 21, and has the ability are. IAN GOVERNMENT’S USE OF CHEMICAL WEAP- to strike simultaneously in multiple loca- In Syria, the intentional use of chem- ONS ON AUGUST 21, 2013 tions. We have seen no indication that the ical weapons on civilians, on men, The United States Government assesses opposition has carried out a large-scale, co- women, and children gassed to death with high confidence that the Syrian govern- ordinated rocket and artillery attack like during the middle of the night while ment carried out a chemical weapons attack the one that occurred on August 21. they were sleeping, is a travesty that in the Damascus suburbs on August 21, 2013. We assess that the Syrian regime has used We further assess that the regime used a chemical weapons over the last year pri- reflects hatred and increasing despera- marily to gain the upper hand or break a tion of the Asad regime. I also believe nerve agent in the attack. These all-source assessments are based on human, signals, stalemate in areas where it has struggled to there are other chemical weapons that seize and hold strategically valuable terri- and geospatial intelligence as well as a sig- tory. In this regard, we continue to judge have been mixed and loaded into deliv- nificant body of open source reporting. Our that the Syrian regime views chemical weap- ery vehicles with the potential to kill classified assessments have been shared with ons as one of many tools in its arsenal, in- thousands more. the U.S. Congress and key international cluding air power and ballistic missiles, Think about that. If Asad can slaugh- partners. To protect sources and methods, which they indiscriminately use against the ter 100,000 of his own people without a we cannot publicly release all available in- opposition. second thought, what is he going to do telligence—but what follows is an unclassi- The Syrian regime has initiated an effort next if we do nothing to hold him ac- fied summary of the U.S. Intelligence Com- to rid the Damascus suburbs of opposition countable? What is he going to do next munity’s analysis of what took place. forces using the area as a base to stage at- if the United Nations does nothing? SYRIAN GOVERNMENT USE OF CHEMICAL tacks against regime targets in the capital. What is he going to do next if this ef- WEAPONS ON AUGUST 21 The regime has failed to clear dozens of Da- A large body of independent sources indi- mascus neighborhoods of opposition ele- fort to reach consensus on the Security ments, including neighborhoods targeted on Council doesn’t work? He will use them cates that a chemical weapons attack took place in the Damascus suburbs on August 21. August 21, despite employing nearly all of its again. I believe they are ready to go. In addition to U.S. intelligence information, conventional weapons systems. We assess Why would the Asad regime load there are accounts from international and that the regime’s frustration with its inabil- ity to secure large portions of Damascus bombs with chemical weapons and not Syrian medical personnel; videos; witness ac- may have contributed to its decision to use use them? counts; thousands of social media reports chemical weapons on August 21. If the United States does nothing in from at least 12 different locations in the Da- the face of this atrocity, it sends such mascus area; journalist accounts; and re- PREPARATION a signal of weakness to the rest of the ports from highly credible nongovernmental We have intelligence that leads us to as- organizations. sess that Syrian chemical weapons per- world that we are, yes, a paper tiger. sonnel—including personnel assessed to be That is going to be the conclusion in A preliminary U.S. government assessment determined that 1,429 people were killed in associated with the SSRC—were preparing Iran and in North Korea. the chemical weapons attack, including at chemical munitions prior to the attack. In The answer is we cannot turn our least 426 children, though this assessment the three days prior to the attack, we col- backs. The use of chemical weapons is will certainly evolve as we obtain more in- lected streams of human, signals and prohibited by international law and it formation. geospatial intelligence that reveal regime must now be condemned by the world We assess with high confidence that the activities that we assess were associated Syrian government carried out the chemical with preparations for a chemical weapons at- with action. tack. weapons attack against opposition elements Albert Einstein said in a well-known Syrian chemical weapons personnel were quote: ‘‘The world is a dangerous place in the Damascus suburbs on August 21. We operating in the Damascus suburb of Adra assess that the scenario in which the opposi- to live; not because of the people who from Sunday, August 18 until early in the tion executed the attack on August 21 is morning on Wednesday, August 21 near an are evil, but because of the people who highly unlikely. The body of information don’t do anything about it.’’ area that the regime uses to mix chemical used to make this assessment includes intel- weapons, including sarin. On August 21, a For more than 90 years, our country ligence pertaining to the regime’s prepara- Syrian regime element prepared for a chem- has played the leading role in the world tions for this attack and its means of deliv- ical weapons attack in the Damascus area, in prohibiting the atrocities of World ery, multiple streams of intelligence about including through the utilization of gas War I and then World War II. We are the attack itself and its effect, our post-at- masks. Our intelligence sources in the Da- the Nation that others look upon to tack observations, and the differences be- mascus area did not detect any indications stop repressive dictators and massive tween the capabilities of the regime and the in the days prior to the attack that opposi- opposition. Our high confidence assessment violations of human rights. We must tion affiliates were planning to use chemical is the strongest position that the U.S. Intel- weapons. act in Syria. We cannot withdraw into ligence Community can take short of con- THE ATTACK our own borders, do nothing, and let firmation. We will continue to seek addi- Multiple streams of intelligence indicate the slaughter continue. tional information to close gaps in our un- that the regime executed a rocket and artil- derstanding of what took place. I hope military force will not be lery attack against the Damascus suburbs in needed, that we will allow the time for BACKGROUND the early hours of August 21. Satellite detec- the United Nations and the parties on The Syrian regime maintains a stockpile tions corroborate that attacks from a re- the Security Council to put an agree- of numerous chemical agents, including mus- gime-controlled area struck neighborhoods

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.018 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE September 11, 2013 where the chemical attacks reportedly oc- provided to Congress and international part- 1979–1992—The United States alleged that curred—including Kafr Batna, Jawbar, Ayn ners. the Soviet Union used mustard gas and other Tarma, Darayya, and Mu’addamiyah. This chemical weapons against mujahidin rebels includes the detection of rocket launches CHEMICAL WEAPONS USAGE SINCE in Afghanistan. At least 3,000 fatalities. from regime controlled territory early in the WORLD WAR I 1980–1988—During the Iran-Iraq War, Iraq morning, approximately 90 minutes before 1,462 American soldiers were killed and employed mustard gas and Tabun nerve the first report of a chemical attack ap- 72,807 injured by chemical weapons in World agent. Iran retaliated with mustard, phos- peared in social media. The lack of flight ac- War I, one-third of all U.S. casualties during gene, and hydrogen cyanide gas. Estimated 1 tivity or missile launches also leads us to the war. No Americans have died in battle million chemical weapons casualties. conclude that the regime used rockets in the from chemical weapons since World War I. 1987—Libya allegedly used Iranian-supplied attack. According to the United Nations Office for mustard gas against Chadian forces. How- Local social media reports of a chemical Disarmament Affairs, ‘‘Since World War I, ever, the Organization for the Prohibition of attack in the Damascus suburbs began at 2:30 chemical weapons have caused more than Chemical Weapons did not find the allega- a.m. local time on August 21. Within the one million casualties globally.’’ tions sufficiently persuasive to send inves- next four hours there were thousands of so- 1914–1918—During World War I, chemical tigators. cial media reports on this attack from at weapons (primarily chlorine, phosgene, and 1988—Iraq used hydrogen cyanide and mus- least 12 different locations in the Damascus mustard gas) were used by both sides and tard gas against the Kurdish village of area. Multiple accounts described chemical- caused an estimated 100,000 fatalities and 1.3 Halabja. Estimated 5,000 casualties. filled rockets impacting opposition-con- million injuries. 1994—Aum Shinrikyo, a Japanese terrorist trolled areas. During the war, Germany used 68,000 tons group, released sarin gas in Matsumoto, Three hospitals in the Damascus area re- of gas, the French used 36,000 tons, and the Japan. 8 fatalities and 200 injuries. ceived approximately 3,600 patients dis- British used 25,000. 1995—Aum Shinrikyo released sarin gas in playing symptoms consistent with nerve April 1915—Germany used chlorine gas at the Tokyo subway system. 12 fatalities and agent exposure in less than three hours on the Battle of Ypres. This is the first signifi- 5,000 estimated casualities. the morning of August 21, according to a cant use of chemical weapons in World War Sources: Monterey Institute of Inter- highly credible international humanitarian I. national Studies, The Nonproliferation Re- September 1915—The British used chlorine organization. The reported symptoms, and view, declassified CIA report, Encyclopedia gas against the Germans at the Battle of the epidemiological pattern of events—char- Britannica, The Washington Post, Reuters, Loos. acterized by the massive influx of patients in New York Times, NPR. a short period of time, the origin of the pa- February 1918—Germans used phosgene and tients, and the contamination of medical and chloropicrin artillery shells against Amer- The PRESIDING OFFICER. The Sen- first aid workers—were consistent with mass ican troops. This is the first major use of ator from Maine. exposure to a nerve agent. We also received chemical weapons against U.S. forces. June 1918—The United States employed a reports from international and Syrian med- f ical personnel on the ground. wide variety of chemical weapons against We have identified one hundred videos at- Axis forces using British and French artil- tributed to the attack, many of which show lery shells. BENGHAZI large numbers of bodies exhibiting physical 1918–1921—The Bolshevik army used chem- Ms. COLLINS. Madam President, 12 signs consistent with, but not unique to, ical weapons to suppress at least three uprisings following the Bolshevik revolution. years ago Al Qaeda terrorists attacked nerve agent exposure. The reported symp- our homeland, killing nearly 3,000 peo- toms of victims included unconsciousness, 1919—The British Air Force used Adamsite foaming from the nose and mouth, con- gas, a vomiting agent, against the Bol- ple. I will never forget the heroes of stricted pupils, rapid heartbeat, and dif- sheviks during the Russian Civil War. that day, many of whom laid down 1921–1927—Spanish forces used mustard gas ficulty breathing. Several of the videos show their lives for others. against Berber rebels during the Third Rif what appear to be numerous fatalities with Their courage is epitomized by the War in Morocco. no visible injuries, which is consistent with 1936—Italy used mustard gas during its in- words spoken by a fire department cap- death from chemical weapons, and incon- vasion of Ethiopia. No precise estimate of tain at the World Trade Center. He sistent with death from small-arms, high-ex- chemical weapon-specific casualties, but radioed in to say, ‘‘We’re still heading plosive munitions or blister agents. At least contemporary Soviet estimates stated 15,000 up.’’ Indeed, these firefighters were 12 locations are portrayed in the publicly Ethiopian casualties from chemical weapons. still heading up while others were flee- available videos, and a sampling of those vid- 1937–1945—Japan used chemical weapons eos confirmed that some were shot at the ing the flames and the acrid smoke. (sulfur mustard, chlorine, chloropicrin, phos- Where that kind of courage and deter- general times and locations described in the gene, and lewisite) during its invasion of footage. China. The Japanese were the only country mination comes from is hard to con- We assess the Syrian opposition does not to use chemical weapons during World War II template, but we are so grateful our have the capability to fabricate all of the and did not use them against Western forces. first responders have that kind of dedi- videos, physical symptoms verified by med- Estimated 10,000 Chinese fatalities and 80,000 cation and courage. ical personnel and NGOs, and other informa- casualties as a result of chemical weapons. Nor will I ever forget the many peo- tion associated with this chemical attack. 1939–1945—Nazi Germany used carbon mon- We have a body of information, including ple who continue to live with the scars, oxide and pesticides, such as Zyklon B whether they are civilians who lost a past Syrian practice, that leads us to con- (hydrocyanic acid), in gas chambers during clude that regime officials were witting of the Holocaust. Estimated 3 million killed. loved one that day, firefighters, police and directed the attack on August 21. We 1941—Mobile vans were used following the officers, or other first responders who intercepted communications involving a sen- German invasion of the Soviet Union to mur- rushed to the scene, or our brave mili- ior official intimately familiar with the of- der an unknown number of Jews, Roma, and tary servicemembers who answered the fensive who confirmed that chemical weap- mental patients using exhaust from the vans call to defend our country in the years ons were used by the regime on August 21 to gas victims. Vans were also used at the and was concerned with the U.N. inspectors that followed. We must never lose sight Chelmno concentration camp in Poland. of their sacrifice. obtaining evidence. On the afternoon of Au- 1942—Nazi Germany began using diesel gas gust 21, we have intelligence that Syrian chambers at the Belzec, Sobibor, and Tre- This week we have been considering chemical weapons personnel were directed to blinka camps in Poland. the weighty issue of whether to grant cease operations. At the same time, the re- Zyklon B was used to kill up to 6,000 Jews the administration the authority to gime intensified the artillery barrage tar- per day at Auschwitz. Zyklon B was also use military force against Syria. This geting many of the neighborhoods where used at Stutthoff, Mauthausen, day, the anniversary of those horrific chemical attacks occurred. In the 24 hour pe- Sachsenhausen, and Ravensbrueck con- attacks on our country 12 years ago, riod after the attack, we detected indica- centration camps. tions of artillery and rocket fire at a rate ap- 1963–1967—Egypt used phosgene and mus- should not pass without our calling at- proximately four times higher than the ten tard gas against Yemeni royalist forces dur- tention to another important matter of preceding days. We continued to see indica- ing the North Yemen Civil War between roy- unfinished business critical to our nations of sustained shelling in the neighbor- alists and republicans. Egypt denied their tional security and to our Nation’s hoods up until the morning of August 26. use, but the Red Cross affirmed their use conscience. To conclude, there is a substantial body of after forensic investigation. A year ago today terrorists with information that implicates the Syrian gov- 1975–1982—Las and Vietnamese forces used links to Al Qaeda attacked our diplo- ernment’s responsibility in the chemical chemical weapons against Hmong rebels. At matic facility in Benghazi, Libya. De- weapons attack that took place on August least 6,504 killed. 21. As indicated, there is additional intel- 1978–1982—Vietnamese forces used chemical spite a steadily escalating stream of ligence that remains classified because of weapons against Kampuchean troops and threat reporting, and an obvious inabil- sources and methods concerns that is being Khmer villages. At least 1,014 fatalities. ity of Libyan security forces to protect

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.001 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6349 our diplomatic personnel and our fa- authorities have recently filed crimi- trol Act in 2011, putting in place an- cilities, the State Department had de- nal charges against several suspects. nual spending caps and establishing a nied urgent requests for increased secu- But serious questions remain about the deficit reduction commission to find rity measures. Officials kept the woe- pace, the extent, and the effectiveness additional savings and solutions to en- fully vulnerable Benghazi compound of these investigations and charges. sure the solvency of our entitlement open, setting the stage for attackers to A major problem is the willingness— programs. With the failure of that com- essentially walk right into the com- or lack thereof—of the Libyan Govern- mission, a sequester that forced $1.2 pound and set it ablaze. ment to fully cooperate. I am told that trillion in automatic spending reduc- Tragically we lost four brave, dedi- the whereabouts of one of the prime tions was put in place. In the absence cated diplomats and security personnel suspects is known and that he is walk- of an agreement to replace them, the that terrible day and night: Glen ing about fully, openly, and freely. Yet caps and sequester guarantee at least Doherty, Tyrone Woods, Sean Smith, he has not been picked up. He has not $2 trillion in deficit reduction. and Ambassador Chris Stevens. We been arrested. He has not been taken Seventy-four Members of the Senate laud their courage and we honor their into captivity. Why not? believed these enforcement measures memory, but we must also remedy the The administration must follow were needed to put us on the right fis- security failures and punish those re- through on its commitment by taking cal track. The President signed the sponsible for their deaths. the steps necessary to bring the Budget Control Act into law, saying Today I draw attention to the lessons attackers to justice, as the President that, ‘‘It’s an important first step to that must be learned from the attacks promised. And the State Department, ensuring that, as a Nation, we live in Benghazi and to the work that still in the meantime, must implement all within our means.’’ Yet there are con- must be done to bring the attackers to of the actions needed to prevent a tinuing conversations about passing a justice. First we must ensure that such Benghazi-like attack from taking place short-term continuing resolution that wholesale failure to read the signs of again. Surely, on the anniversary of would fund the government at a level escalating danger and to respond to ur- the attacks on our Nation 12 years ago above that established by the Budget gent security needs never happens and the attacks 1 year ago in Benghazi, Control Act for next year. again. we owe it to Chris Stevens and his col- I should have to remind no one that Last year, as chairman and ranking leagues and to the American people. under the Budget Control Act, passing member of the Senate Homeland Secu- Madam President, seeing no one a continuing resolution at anything rity Committee, former Senator Joe seeking recognition, I suggest the ab- higher than the $967 billion limit would Lieberman and I conducted an inves- sence of a quorum. trigger another statutory, across-the- tigation into the terrorist attacks at The PRESIDING OFFICER. The board sequester cut in January that Benghazi. In our bipartisan report enti- clerk will call the roll. would bring spending down to the $967 tled ‘‘Flashing Red,’’ we found the The legislative clerk proceeded to billion level for the next fiscal year of State Department downplayed the ter- call the roll. 2014. rorist threat in Benghazi despite nu- The PRESIDING OFFICER. The Sen- I can see why there are those who merous previous attacks on western ator from Arizona. would like to take such action. Passing targets, that they ignored repeated re- Mr. FLAKE. Madam President, I ask a CR at a higher-than-BCA-appropriate quests for additional security, and that unanimous consent that the order for level would create yet another fiscal they insufficiently fortified a shame- the quorum call be rescinded. cliff, with hopes, I am sure, of causing fully ill-protected American compound. The PRESIDING OFFICER. Without enough pressure to finally do away The Benghazi facility should either objection, it is so ordered. with the sequester. That is what some have been closed until security was Mr. FLAKE. Madam President, I ask would like. However, such a scenario strengthened or the threat abated. unanimous consent to speak in morn- does little to add pressure to address We identified changes that must be ing business for up to 5 minutes. the sequester, provides the pretense made, including greater attention to The PRESIDING OFFICER. Without that the BCA levels don’t mean any- security at high-risk posts around the objection, it is so ordered. thing if even for a short while, and it world and better management to en- f further complicates agencies imple- sure that the recommendations of pre- menting what are sure to be the re- vious security reviews are fully imple- REMEMBERING 9/11 quired cuts. mented. It was discouraging to read Mr. FLAKE. Madam President, Make no mistake, I understand the previous accountability review board today, September 11, 2013, is a day in sequester process is a blunt instrument reports after the attacks in Africa, for which we remember lives cut too short and not a preferred method of fiscal re- example, back in the late 1990s and see in the attacks on our Nation 12 years straint. However, it was put in place similar patterns of requests for secu- ago. We also remember acts of bravery, because Congress failed to do what is rity being denied in Washington. selflessness, and all that took place needed to rein in reckless spending. Second, Secretary of State John that morning and in the days and I also understand the difficult posi- Kerry should hold personnel account- months and the years that followed. I tion it puts agencies in, particularly able for the problems identified in our wish to take a moment to thank all the the Department of Defense. I am open committee report and by the Account- others who have sought to protect us to allowing reasonable flexibility and ability Review Board. After our com- from harm in the intervening years. to replacing the sequester, albeit with mittee and the ARB identified sys- f changes to mandatory spending and en- temic failures and leadership defi- titlements, and not hikes in taxes. But ciencies that contributed to the grossly FISCAL 2014 SPENDING that deal, much like the supercommit- inadequate security in Benghazi, it is Mr. FLAKE. I also rise today to tee’s success, has been elusive, and to totally unacceptable for the State De- speak about the need for continued at- seek to pass a CR that doesn’t reflect partment to hold no one responsible for tention to our Nation’s fiscal health the reality of the post-BCA world the broader mismanagement that oc- and to encourage my colleagues to raises itself a set of problems. However, curred prior to the attack. seize the opportunity to take the nec- such a scenario does little to add pres- Finally, a year after the attack, the essary steps to rein in our out-of-con- sure to address the sequester, as I men- terrorists who invaded the Benghazi trol spending. As so often happens this tioned. It simply would make it more compound still have not been brought time of year, talk has turned to the difficult for agencies to address their to justice despite repeated promises need for a continuing resolution for at needs and to bring down their own and pledges by President Obama to do least part of the next year, and I urge spending. so. my colleagues to join me in pushing for Certainly, passing any budget bill for After a long-delayed investigation, a CR that respects the commitments next year at levels in excess of those including a period of weeks when the we have already made. that are outlined in the Budget Control FBI agents were not allowed to even As we all know, the President and Act breaks any promise to ‘‘live within access the Benghazi facility, Federal the Congress approved the Budget Con- our means.’’

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.019 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE September 11, 2013 In addition, passing a short-term CR ORDER OF BUSINESS Mr. WYDEN. Twenty minutes. that will allow agencies to spend Mr. REID. Madam President, I have Mr. REID. Twenty minutes. We will money as if the sequester isn’t immi- spoken with the White House, I have give Senator MURKOWSKI the same nent early next year only complicates spoken with the Republican leader, and amount of time. their situation. This would force agen- we have agreed on a way forward based Mr. PORTMAN. Ten minutes for me. cies to squeeze all the necessary spend- on the President’s speech last night. Mr. REID. And 15 minutes for Sen- ing reductions in just over 9 months in- As the President told the Nation last ator SHAHEEN and 15 minutes for Sen- stead of an entire year. We can imagine night, the President has asked Con- ator PORTMAN. When that time is ex- the burdens that puts on agencies, par- gress to postpone a vote to authorize pired, we will see if we can have some ticularly the Department of Defense, the use of force in Syria and pursue in- amendments. So that would be the with unique procurement require- stead a diplomatic path to see if that case. Those four Senators will be recog- ments. works. nized for the next 70 minutes. As I have A less charitable view of why anyone Tomorrow sometime, in Geneva, Sec- indicated, it is for debate only. would seek to ignore, even for a short retary Kerry is meeting with Russian The PRESIDING OFFICER. Is there time, the realities of the BCA would be Foreign Minister Lavrov. So it is right objection? that they might think deficits have that the Senate turn from the Syria Without objection, it is so ordered. fallen and attention to our fiscal state resolution while the Secretary of State f is no longer needed. In fact, the Presi- pursues these important diplomatic CONCLUSION OF MORNING dent recently told an audience that, discussions. BUSINESS ‘‘We don’t have an urgent deficit crisis. As I said this morning, Congress will The only crisis we have is one that is be watching these negotiations very The PRESIDING OFFICER. Morning manufactured in Washington.’’ closely. If there is any indication that business is closed. I beg to differ. Our fiscal problems they are not serious, or that they are f aren’t solved. In fact, we are still on being used as a ploy for delay, then the ENERGY SAVINGS AND INDUS- track to add $753 billion to our na- Congress stands ready to return to the TRIAL COMPETITIVENESS ACT tional debt in 2013. There is no doubt Syria resolution to give the President OF 2013 this is an improvement from past the authority to hold the Asad regime The PRESIDING OFFICER. Under years. Yet the trillion-dollar deficits of accountable for the pain, suffering, and the previous order, the motion to pro- the past 4 years are hardly appropriate death it caused with those chemical ceed to S. 1392 is agreed to and the benchmarks for today. Even at $753 bil- weapons. In the meantime, the Republican clerk will report the bill by title. lion, this year’s deficit is larger than The bill clerk read as follows: any of those under any previous admin- leader and I have agreed the Senate istration. will return to the Shaheen-Portman A bill (S. 1392) to promote energy savings in residential buildings and industry, and for energy efficiency bill. Senator SHA- Meanwhile, our entitlement pro- other purposes. grams are still on track to be insol- HEEN, Senator PORTMAN, and the chair- The PRESIDING OFFICER (Mr. vent, with Social Security Disability man of the committee, Senator WYDEN, COONS). The Senator from Oregon. set to go broke by 2016, Medicare by have talked to me many times over a period of more than a year to move Mr. WYDEN. Mr. President, before he 2026, and Social Security by 2033. This leaves the floor, let me thank the lead- is simply not the time to backpedal, by this legislation forward. So I think it is appropriate that, rather than us sit er for making sure we could have this any means, on the agreement we made opportunity to deal with one of the in 2011. here and tread water, doing nothing, crucial issues of our time. Leader REID Congress and the President agree we should move forward on this legislation. has a long history in energy efficiency, that the Budget Control Act is the first in renewable energy. I thank him for step needed toward budget deficit re- As the agreement will indicate, so as not to interfere with the diplomatic his leadership and particularly the op- duction. We must complete the first portunity to be on the floor this after- stride to set our Nation on the right discussions going on, we have agreed that the Senate will consider no noon. course and prove to the public we can Mr. President and colleagues, today address the even larger looming chal- amendments on the energy efficiency bill relative to Syria or the use of the Senate has the chance to put more lenges we face, such as the solvency of points on the board for the creation of our entitlement programs. force. I have talked to a number of the Republican Senators and that is cer- good-paying jobs, a more productive There is no doubt this is going to be economy, and greater energy security. a difficult job in the days to come, and tainly fine with them. We look forward to considering Before the August recess, the Con- we must address it. I urge my col- amendments on issues domestic in na- gress put some initial points up by leagues to keep their promise and push ture and passing this important piece passing hydropower legislation. This for appropriations bills that respon- of legislation. legislation was called, by the New York sibly respect the spending limits out- Times: The first significant energy leg- f lined in the Budget Control Act. To islation to become law since 2009. that aim, I invite my colleagues to join ORDER OF PROCEDURE Those hydropower bills might have me in sending a letter to the majority Mr. REID. Madam President, I ask been called small by some, but experts leader asking him to bring to the Sen- unanimous consent that the motion to say they can generate a large amount ate floor a fiscal year 2014 spending bill proceed to S. 1392 be agreed to, that no of power. that abides by the $967 billion discre- amendments or motions be in order rel- Hydropower is 60 percent of the re- tionary limit that is required by law. ative to Syria or the use of military newable, clean power in America. And Let us continue the progress that has force during the consideration of the hydropower has the potential to add been made so far and keep our promise legislation, and that the time until 6 60,000 more megawatts of capacity by to fight for a more sound fiscal future. p.m. tonight be equally divided be- 2025, according to the National Hydro- Madam President, I yield the floor tween the two leaders or their des- power Association. That is enough en- and I suggest the absence of a quorum. ignees. ergy to power more than 46 million The PRESIDING OFFICER. The I think it would certainly be appro- homes. Hydro helps to make our econ- clerk will call the roll. priate that we have at this time state- omy less dependent on fossil fuels, and The bill clerk proceeded to call the ments from the chairman and the it does it in a way Democrats and Re- roll. ranking member, that is, Senators publicans can come together on. Mr. REID. Madam President, I ask WYDEN and MURKOWSKI, and Senators Today, as we look at another critical unanimous consent that the order for SHAHEEN and PORTMAN, the sponsors of part of modernizing energy policy, I the quorum call be rescinded. this legislation. Then I would hope at want to start by saying it has almost The PRESIDING OFFICER. Without that time—how long does the chairman become obligatory for Members of Con- objection, it is so ordered. need for his statement? gress to say they are for an ‘‘all of the

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.021 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6351 above’’ energy policy. It is almost as stallation. Businesses know that. That perts estimate these steps on data cen- though a U.S. Senator has to say that is why more than 250 companies and aster efficiency would save about 35 mil- on energy they are for ‘‘all of the sociations have endorsed this bill, in- lion megawatt hours of electricity by above’’ three or four times every 15, 20 cluding the Chamber of Commerce. 2030. We would save the same amount minutes or else it is not a real discus- When you look at those who have en- of energy by powering down 60 of the sion about energy policy. dorsed this piece of legislation, it is NSA’s newest data centers for a year, But here is what is important and I not a who’s who of sort of bleeding- but I am going to save that one for an- think critical as we start the debate— heart environmental folks. I was par- other day. where I see my friend from New Hamp- ticularly struck by the headline in a There is obviously room for Federal shire and my friend from Ohio—the re- Forbes article last month. They say: agencies to do more. The government ality is, you cannot have an ‘‘all of the ‘‘The Shaheen-Portman Energy Sav- owns nearly 500,000 buildings. The Fed- above’’ energy policy in this country ings Act: It’s The Economy, Stupid.’’ eral Government is the largest landlord without energy efficiency. It is that They sure got that right. in America. Agencies are directed to simple. If you are serious about an ‘‘all If the Congress passes this bill, it is buy and use highly efficient equipment of the above’’ energy policy—and we going to immediately become a signifi- under two different executive orders. have essentially several Democrats and cant job creator, generating an esti- But according to staff at the Energy several Republicans on the floor now to mated 136,000 new jobs by 2025. Department, less than half of commer- demonstrate the seriousness of this It will also make a significant dif- cial building equipment that agencies issue—you cannot have an ‘‘all of the ference in our country’s energy produc- buy actually even complies with the above’’ energy policy without energy tivity, and that means savings for fam- government’s own rules. So I am going efficiency. ilies, building fewer powerplants, re- to be offering an amendment to the bill So this legislation is on the floor ducing greenhouse gas emissions. that at least will provide some incen- today thanks to the tireless bipartisan If we continue business as usual— tive to ensure that agencies actually efforts of Senator SHAHEEN and Sen- people say: Oh, gee, we are not really follow the rules of the government. This bill, as I have indicated, is bi- ator PORTMAN. going to pursue this now—the U.S. En- I am also very pleased the ranking ergy Information Administration—that partisan. We have been able to pass 62 minority member of the committee is is really our statistical arm of the En- bills out of the Energy and Natural Re- sources Committee, each one with bi- here, Senator MURKOWSKI of Alaska. ergy Department—predicts that our She consistently meets me halfway in country would use 30 percent more partisan support. This is what Senators terms of trying to deal with these electricity by 2040. have said they care about, this is what kinds of issues. As we begin this de- But there is an alternative, and that the other body has said they care bate—which I would also mention to is harnessing the potential of effi- about. Congressman KEVIN MCCARTHY, the colleagues is essentially the first ciency technologies that actually re- third ranking House Republican, said stand-alone energy bill to be debated duce electricity from today’s demand earlier this year, ‘‘All American energy on the floor of the Senate since 2007— and reduce the use of energy even as independence means taking a hard look it would not be possible without the co- our economy and population grows. at energy production, distribution, re- The amount of new energy produc- operation and the good counsel of the liability and efficiency.’’ In the House tivity we gain would be like doubling ranking minority member, Senator there is a bipartisan companion to this. the number of houses in America and MURKOWSKI. I want her to know how In other words, we have the good for- much I appreciate our partnership. We then powering all of them without ever tune of having Senator SHAHEEN and just got through our weekly session adding a new powerplant to the grid. Senator PORTMAN working in a bipar- Choosing the more efficient path we this morning as we look at various tisan way. are going to advocate for on the floor kinds of businesses. We hope to be able In the other body—and Senator MUR- of the Senate would mean adding 1.3 to bring to the Senate helium legisla- KOWSKI and I have met with the House tion, which we know a lot of Senators million jobs by the middle of the cen- Members interested in this issue—you tury. Families could shave off one- care about, very quickly as well. But have Congressman PETER WELCH and there is a reason we are back to energy third of their electricity bills, an aver- Congressman CORY GARDNER actually policy in the Senate, and that is, to a age savings of about $600 per year, ac- creating a bipartisan caucus to pro- great extent, because of the coopera- cording to experts in the field, a big in- mote new financing tools that aid en- tion Senator MURKOWSKI has shown. crease in productivity. ergy efficiency projects. Congressman This bill—and one of the reasons it is So already we have talked about job WELCH and Congressman MCKINLEY bipartisan—gives us a chance to cut creation, we have talked about produc- have introduced companion legislation waste in our energy system and create tivity, two areas where I do not see to the one we debate today. jobs. This bill would take the biggest some kind of artificial line between If anything, one of our challenges is step in years toward tapping the poten- Democrats and Republicans here in the there is a pent-up demand to debate en- tial for energy policy. Senate. I see areas we all feel strongly ergy issues in this Congress. If we The legislation saves about 2.9 billion about. voted for all of the amendments I hear megawatt hours of electricity by 2030, On the other hand, meeting our coun- people say they want to do, we would according to the American Council for try’s projected electricity demand with probably be here until New Year’s Eve an Energy-Efficient Economy. I say to today’s energy mix and 40 percent coal being fed intravenously trying to fig- my colleagues, I thought I would start requires building at least 100 new coal- ure out how to process all of them. We by translating that into something fired powerplants over 25 years. may not have time to address each and that becomes a little easier to put your We are also going to make the case every amendment, but I know of at arms around. during this debate that the Federal least a dozen bipartisan amendments To generate those kinds of savings in Government ought to be a leader in that colleagues plan to offer that will electricity—2.9 billion megawatt this. It is one thing to talk about how produce even more energy savings for hours—the United States would have everybody in America ought to do businesses and consumers, produce to build 10 new nuclear powerplants at something, and then say, oh, the Fed- more jobs for the U.S. economy. a cost of billions of dollars each and eral Government might get around to Nobody is going to be able to say this run them for more than 20 years. it someday. So we are saying, this is a is part of a dumb Federal mandate or The heart of this bill is updating vol- chance for the Federal Government to some kind of ‘‘run from Washington, untary building codes to make homes save taxpayers money and to play a one size fits all’’ approach. These are and businesses more efficient, and it is strong role, a strong leadership role, approaches that look to productivity, about installing new wires and pipes particularly by improving efficiency at the private sector for leadership and and machines and insulation. Here is the Federal data centers. fresh ideas. For example, Senator BEN- what I want colleagues to know as we As more and more businesses move to NET and Senator AYOTTE have a better start this discussion: There is money the cloud, reducing energy use there is building amendment. It strikes me as a to be made in those pipes and that in- extremely important. Again, the ex- very sensible one.

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.023 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE September 11, 2013 Senator INHOFE and Senator CARPER Produce more. Use less. Well, now we tainly not because we are somehow un- have an amendment on thermal effi- are talking about the ‘‘use less’’ side of able or unwilling to report legislation ciency. Senator KLOBUCHAR and Sen- that ledger, equally important. I come to the full Senate. We reported a com- ator HOEVEN have an amendment to from a producing State. But let me tell prehensive bill back in 2009 that sat on help our nonprofits save energy. How you when you come from a State where the calendar untouched for 17 months. can you make a logical case that we our energy costs are some of the high- We unanimously reported a bill to help should not try to work that out? Our est in the Nation, if not the highest in prevent another offshore spill in 2010. nonprofits are being stretched to the the Nation, we are also pretty good and That too was ignored. limit. I saw that when I was in Alaska wise about how we use less. The reality is we have one of the with Senator MURKOWSKI. We talked to I am very pleased that we are at this most bipartisan and active committees some of the nonprofits. We see it in Or- point today where we are finally tak- in the Senate. But, unfortunately, we egon as well. ing up the energy efficiency bill. The are almost regularly in a situation We have a bipartisan amendment chairman has mentioned it has been a where we are not provided the floor from Senators Hoeven and Klobuchar long time since we have seen energy time needed to complete our work. to try to help these nonprofits save en- legislation debated here on the floor. I I am not complaining here, I am just ergy. These are just a few of the good do find it troubling that we have gone pointing out some facts. But the chair- amendments, in my view, that build on so long without meaningful and sus- man noted there has been this pent-up the outstanding work done by Senators tained debate about energy policy. demand, this frustration, about not SHAHEEN and PORTMAN lo these several Each year our committee sends doz- only where we are in the process but years. These amendments and the bill ens of bills to the floor with our signa- the opportunities that are lost. When are going to help homes and businesses ture stamp of bipartisan approval you think about the changing dynamic use less energy, save money, create which I think is key. Yet for years we in this country since 2009, I think jobs, without mandates, without spend- have kind of seen the bills come to the about what has changed in the energy ing new Federal money. floor and that has been the end of the sector during that course. The fact It got out of our committee by a 19- road for those particular efforts. While that we have not addressed real, ful- to-3 vote. I believe the reason it did is a small number of our public lands bills some energy legislation is quite tell- because people said this is a common- are able to pass through by unanimous ing. sense approach to cutting energy waste consent, those that are related to en- But I am hopeful the Senate is now and showing folks across the land that ergy, those that often need a little finally on the verge of reversing its un- there are things you can agree on in more work to pass this Chamber, are fortunate approach to energy policy. the Senate and come together. virtually never brought up for further As the chairman has noted, we have al- I am pleased to be here with Senator consideration. ready ordered more than 50 bills—50 MURKOWSKI. We have talked about this I do understand we have all kinds of bills—to be reported to the Senate this a long time, to get the Senate back in pressing matters in front of us—obvi- year alone. Today, as we begin debate the business of a modern energy policy ously the debate over the Syria resolu- on the Energy Savings and Industrial that creates jobs, that promotes energy tion clearly one of them, the con- Competitiveness Act—I do not even security and productivity. We started tinuing resolution that we will have in know why we are calling it that; we that with the hydropower legislation front of us as we work to fund the gov- just call it Shaheen-Portman around that was signed into law right after we ernment, critically important. If we do here. The work the authors of this leg- broke for the August recess. This is the reach agreement on how we should pro- islation have done I certainly applaud. next logical step. ceed to either of those measures, I will But we are here at this point because I will say to colleagues, I do not see certainly be the first to agree they of the very concerted efforts of the au- how a Senator can say they are for an need to be brought forward for debate. thors of this bill, Senators PORTMAN ‘‘all of the above’’ energy policy in But when we have finished those, I am and SHAHEEN, their great bipartisan America without supporting energy ef- hopeful we will return, if we have not work, months and months of negotia- ficiency. This is the time. This is the yet concluded, to energy legislation be- tion, months of waiting. So to be here bill. cause it has been too long neglected in today, to stand in support of this bill, I look forward to working with our this Chamber. is wonderful. colleagues. I hope they bring us their I came to the position as ranking I have spent some time on this floor various and sundry amendments. member of the Energy Committee back talking about an energy blueprint I I yield the floor. I know Senator in 2009. I was very optimistic about had crafted back at the beginning of MURKOWSKI has important comments what we would accomplish in this area. the year, Energy 20/20. I said this is 115 to make. All of those of us on the committee had pages of energy policy, but it can be The PRESIDING OFFICER. The Sen- worked to deliver three major energy summed up in one bumper sticker. It ator from Alaska. bills during the proceeding years I had says: Energy is good. The fact we are Ms. MURKOWSKI. Mr. President, I been on the committee. We had the En- here on the floor talking about energy thank my colleague, the chairman of ergy Policy Act of 2005, we had the Gulf efficiency is absolutely key. the Energy Committee, for his com- of Mexico Energy Security Act of 2006, When I mentioned that 20/20 blue- ments on not only this very important we had the Energy Independence and print, in it I make the point, I make legislation but his leadership on energy Security Act of 2007. All of them were the push that we need to strive to issues as we have worked together on partially or entirely written by our make our energy more abundant, more the Energy Committee, a committee committee. They all received strong affordable, clean, diverse, and secure. that I know the Presiding Officer en- support in the Chamber, and they all While we often focus on the more obvi- joyed his time on, recognizing that eventually became law. ous efforts to advance energy policy, in there is so much we can be doing as a Fast forward to where we are today. my case more production on Federal Nation on a bipartisan basis to make a Our floor debate in 2007 remains the lands, passage of approval of the Key- difference within our communities, last time, the last time the Senate stone XL Pipeline, the restoration of across our regions, not only for the truly engaged on energy policy. In the some real balance in new regulation, economy and jobs but to make a dif- interim, about the best we have seen and I think a much greater focus on in- ference globally in terms of how we are some amendments here and there novation, it is also critically important handle our energy and our energy re- along the process or perhaps dueling that we look to the efficiency side. It sources. side-by-sides that seem are inevitably must be a larger part of our energy de- We talk a lot about the ‘‘all of the voted down. bate. It deserves to be a larger part of above’’ strategy, and perhaps that has But the lack of action on energy leg- our Nation’s energy policy. different interpretations depending islation is not because we have aban- The reasons why are no mystery. Ef- upon what part of the country you are doned a bipartisan approach in com- ficiency is good for the economy and from. But one of the slogans that was mittee. It is not because we have per- for our environment. It enables us to going around a few years back was: haps run out of good ideas. It is cer- waste less and to use our resources

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.024 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6353 more wisely—great conservative prin- our committee has now been dropped role in efficiency. Let us make sure ciples. as well. Some of these things we look this bill reflects all of that. Let us At the same time it can help create at and say we would rather they had start working through the amendments jobs and deliver lasting financial bene- been in there, but we are trying to deal that have been filed and move forward fits. Study after study—and the chair- with the cost side. with a process that will yield good pol- man has pointed out some of those— I appreciate both Senators SHAHEEN icy for this country. has shown we could save billions of dol- and PORTMAN for working with us on Again, I thank the sponsors for their lars every year through reasonable effi- that. The authorizations that remain yeoman’s work in getting us to this ciency improvements, whether in small in the bill have been fully offset by cut- point, and I look forward to the discus- appliances, large buildings, or some- ting a provision from the 2007 Energy sion and the debate we will have in the place in between. These potential sav- bill. Any Federal dollars that are ulti- days ahead. I know Senator SHAHEEN, ings cannot be overlooked at a time mately spent on this legislation will with all the work she has put into this, when we see so many of our families have to be secured through a future ap- is anxious to finally discuss her bill in and businesses are struggling to make propriations process within the context the Chamber. ends meet, when our debt is escalating of our larger debate about the overall I yield the floor. and the price of energy remains well Federal budget. The PRESIDING OFFICER. The Sen- above where most of us want it to be. The third point here is I support this ator from New Hampshire. As policymakers, I can’t think of ef- bill because of the process that was fol- Mrs. SHAHEEN. As my colleague ficiency as an energy issue alone. It is lowed to bring it to this point. Again, Senator MURKOWSKI said, I am thrilled also a bottom-line issue that affects I wish to give the chairman credit, and to be here on the floor of the Senate every one of us and every one of our clearly Senators SHAHEEN and today after 3 years of work with Sen- constituents back home. PORTMAN. It was bipartisan from the ator PORTMAN and so many other peo- While we can all agree on the impor- beginning. The Senator from New ple to be talking about the Energy Sav- tance of efficiency, we can also agree Hampshire got together with the Sen- ings and Industrial Competitiveness there is a legitimate debate over the ator from Ohio to lead its development. Act. Federal Government’s role in this area. I can remember the conversation I wish to begin by thanking Chair- In my judgment, that role should be years ago when he said: I am working man WYDEN and Ranking Member MUR- limited and the costs associated with it on this. It was long before there was KOWSKI for all of the support and great should be minimal. any draft. It was working through in work the Energy Committee has done The Federal Government must itself the kind of good old-fashioned, roll up to help get this bill to the floor. be efficient as it pursues efficiency. I your sleeves, let’s work on doing good As they pointed out, and as I know think these are areas we can work to things in energy policy when it comes the Presiding Officer knows, the En- enhance. We cannot simply lavish sub- to efficiency. I give him full credit. ergy Committee in the Senate has been sidies, pass bill after bill, or impose The committee held a hearing on this very bipartisan. I had the opportunity mandate after mandate, and suggest bill. We had testimony from the De- to spend my first 4 years here on the that is somehow a pursuit of a greater partment of Energy and other experts. Energy Committee and I can attest to good. We moved through to a markup. This that. I know what great work they Instead, I think the Federal Govern- could be considered regular order. We have done. The fact they have moved ment should strive to fulfill three pret- improved the bill in the markup. We so many bills through the committee ty distinct roles. It can act as a reported it favorably by a vote of 19 to already speaks to the consensus they facilitator of information that con- 3. Possible amendments have been have been able to build on the com- sumers and businesses need to make worked on by members and staff alike mittee around energy policy. Thank sound decisions. It can serve as a over these past several months. I think you both very much for all of that breaker of barriers that discourage or there are many good amendments we great work. prevent rational efficiency improve- all assume will easily win passage. Thank you to my partner in this ef- ments from being made. As the largest At the same time the bill’s sponsors fort, Senator PORTMAN of Ohio. He is consumer of energy in our country, it have continued to work to refine and not on floor right now, but I sort of can lead by example by taking steps to improve the legislation leading to the claim him in New Hampshire because reduce its own energy usage. product we have before us today. On he went to Dartmouth, so we figure he Those are the criteria by which we scope and substance, on cost and on has some New Hampshire roots. We can evaluate whether the Federal Gov- process, this bill has been a good exam- have worked in a partnership on this ernment is on the right track on en- ple. This has been an example of reg- legislation. It has been a very bipar- ergy efficiency and also the criteria by ular order, working as usual, showing tisan effort. which we can judge whether this par- how the Senate can work, showing the It reflects what I believe is an afford- ticular bill, the Shaheen-Portman bill, Senate at its best. The only trouble we able approach to the use of energy effi- would improve our current policies. have encountered is securing the floor ciency technologies. It will help create Let me move to the bill for a moment time necessary to try to secure its pas- private sector jobs. It will save busi- and explain why I support it. First, the sage. nesses and consumers money. It will scope. The scope is both limited and It is my hope with the efforts of the reduce pollution, and it will make our appropriate. It does not contain new sponsors of this bill, with the efforts of country more energy independent. mandates for the private sector, not for the chairman of the Energy Committee I know we are all very aware of the buildings, not for appliances, not for continuing to push to build good crisis in Syria and how that looms over anything. The provision on building things—rather than trying to blow up this discussion. It couldn’t be more codes is a good example of what the bill things—we will have an opportunity to timely over how we can make this does and does not do. see this measure enacted into law. country more energy independent. I would not be supporting a provision As I mentioned, we don’t have an op- This bill, which Senator PORTMAN if it required the mandatory adoption portunity here on the floor of the Sen- and I have been working on for 3 years, of those codes, but in this bill it is vol- ate to debate energy often or as often has been the result of years of meet- untary, with the Federal Government as I would wish. By the looks of what ings and negotiations, of broad stake- stepping in to help facilitate new mod- we have pending in front of us, we rec- holder outreach. It has been an effort els that others can choose to follow. ognize there may be interruptions. It is to craft the most effective piece of en- The second point here is the cost. We my hope we can move quickly and take ergy legislation, efficiency legislation, are all focusing on costs nowadays. The up many of these bipartisan amend- with the greatest chance of passing costs of this bill are fully offset. It con- ments Chairman WYDEN has men- both Chambers of Congress and of tains no direct spending. The only pro- tioned. being signed into law. vision that received a score from the Let us make the most of the oppor- The legislation will have a swift and Congressional Budget Office has been tunity we have before us now. Let us measurable benefit to our economy and dropped. A grants program that passed weigh the Federal Government’s proper our environment. In fact, as Senator

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.032 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE September 11, 2013 WYDEN pointed out, we had a recent In addition to being affordable, effi- want a more collaborative effort with study by experts at the American ciency is widely supported because its the Department of Energy. They want Council for an Energy-Efficient Econ- benefits aren’t confined to a certain to feel as though the Department of omy, which found this legislation, if it fuel source or a particular region of the Energy is working with them. So hope- is passed, has the potential to create country. So much of the energy debate fully these provisions will help make 136,000 domestic jobs by 2025. They did over the last few years has been about that happen. a study in the last Congress, when we who benefits, whether it is fossil fuels, It also helps businesses reduce energy first introduced the bill, which showed alternatives, whether it is the North- costs and become more competitive by in addition to that job creation, it east, the South, the West. Everybody incentivizing the use of more energy would also save consumers $4 billion by benefits from energy efficiency. It is efficient electric motors and trans- 2020 and be the equivalent of taking 5 one of the policy areas where we can formers. million cars off the road. It is a huge come to a real agreement. It also establishes a DOE voluntary benefit to our environment and to job It is no wonder that this legislation, program called SupplySTAR, which is creation, which is probably at the top Shaheen-Portman, enjoys such large modeled on something that has been a of our agenda right now, and also for and diverse support. It has received great success, the ENERGY STAR Pro- savings to consumers. more than 250 endorsements from a gram, to help make companies more Simply put, as my colleagues have wide range of businesses, environ- aware of their supply chains and how said, we need a comprehensive national mental groups, think tanks, and trade to make them more efficient as well. energy policy. We have been overly de- associations, from the U.S. Chamber of The legislation requires the Federal pendent on foreign oil. We have been Commerce and the National Associa- Government, which is the single larg- reliant on an outdated energy infra- tion of Manufacturers to the National est user of energy in the country, to structure. This is a situation that Resources Defense Council. These are adopt more efficient building standards hurts business and that also gives our the types of nontraditional alliances and smart metering technology. The overseas competitors an advantage. that have helped us get this bill to the bill would require the Federal Govern- We have to think about an ‘‘all of the floor. ment to adopt energy-saving tech- above’’ strategy, as everybody has Senator PORTMAN and I worked with nologies and operations for computers. commented, that utilizes a wide range diverse groups to craft this year’s bill, Our data centers are huge users of en- of energy sources: natural gas, oil, nu- and we maintained a transparent and ergy. It would allow Federal agencies clear, and renewables such as wind, open process in which we tried to make to use existing funds to update plans biomass, and solar. This will give us a sure all stakeholders had a meaningful for new Federal buildings using the stronger and more stable economy. We opportunity to comment on existing most current building efficiency stand- can’t just focus on the supply side, we and proposed provisions and to suggest ards. also need to think about how we con- their substantive additions. So using Finally, as has been said, this legisla- sume the energy once we have it, the that process of coalition building, we tion is fully offset, so there is no new demand side. were able to find common ground on a spending in this bill. We reallocate au- Efficiency is the cheapest, fastest number of important provisions, in- thorization from existing programs. way to address our energy needs. En- cluding commercial and residential To conclude—and I know we are ergy savings techniques and tech- building efficiency codes, workforce going to have a lot of amendments to nologies, lower costs—they free up cap- training, and language that aims to this bill—we have a number of bipar- ital that allows business to expand and create a more robust public-private tisan amendments that are going to our economy to grow. I have been to so partnership between DOE’s Advanced make this bill better, that will make it many businesses throughout New Manufacturing Office and industrial more substantive, and I look forward Hampshire in the last 3 years that, be- energy consumers. to those amendments and to the debate cause of their ability to save on their To talk a little about what is actu- we are going to have. I think this is a energy costs, have been able to stay ally in the legislation, this bill pro- bipartisan, affordable, and I believe competitive and have been able to add vides incentives and support but, as we widely supported first step as we begin jobs. This has a real benefit to our have all said, no mandates for residen- addressing our Nation’s very real en- economy and to businesses. tial and commercial buildings in order ergy needs, particularly not just on the Efficiency, as I said, is the fastest to cut energy use. That is very impor- supply side but on the demand side. way to address our energy needs. I tant because buildings consume about As I have said, a lot of people have think a lot of times people think about 40 percent of the energy used in the worked very hard to get this bill to the energy saving and energy efficiency as United States. floor, and while I am not going to walk turning down the thermostat, turning The bill strengthens voluntary na- through who all of those people are, I off the lights, putting on a sweater, but tional model building codes to make again thank Chairman WYDEN and energy efficiency today is about a new homes and commercial buildings Ranking Member MURKOWSKI for all of whole lot more than that. We can start more energy efficient, and it works their support, and I thank Majority by improving our efficiency by install- with State and private industry to Leader REID and Republican Leader ing ready and proven technologies. make the code-writing process more MCCONNELL for their support in reach- These are off the shelf. They are al- transparent. ing an agreement to get the bill to the ready available, such as modern heat- The legislation trains the next gen- floor. ing and cooling systems, smart meters, eration of workers in energy efficient I also thank three staff members computer-controlled thermostats, and commercial building design and oper- whose hard work has really made this low-energy lighting. These are all ation through university-based build- possible—first, someone who was in my available today for the benefit of peo- ing training and research assessment office earlier but who has now moved ple who wish to save on their energy centers. on, Trent Bauserman, who worked very consumption and their energy bills. Shaheen-Portman assists our indus- hard to get us started on the legisla- There are substantial opportunities trial manufacturing sector, which con- tion; Robert Diznoff, who has now that exist across all sectors of our sumes more energy than any other sec- taken over in my office to work on the economy to conserve energy and to cre- tor of the U.S. economy. The bill would bill; and Steve Kittredge from the of- ate good-paying private sector jobs. As direct the Department of Energy to fice of Senator PORTMAN. Without the we have already said, I think efficiency work closely with private sector indus- three of them and without all of the has a great shot at passing both the trial partners to encourage research, other staffers both in my office and in House and Senate and becoming law. development, and commercialization of the office of Senator PORTMAN and all Energy efficiency has emerged as an innovative energy efficient technology of the people on the committee who excellent example of bipartisan and af- and processes for industrial applica- have worked so hard, we would not be fordable opportunity to immediately tion. This is something we heard very here to have this debate today. grow our economy and improve our en- clearly from businesses throughout the So I thank all of them, and I look ergy security. country. They really need and they forward to hearing the amendments

VerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.033 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6355 and the robust discussion on the floor some of those. Actually, I have a list of wages with developing countries, for and to continuing to work with my col- 41 energy efficiency-related relevant instance. We want to have good wages league Senator PORTMAN as we try to amendments here. So this is an oppor- and good benefits in this country. We move this bill through the process. tunity for us to have a broader debate can compete on the quality of the The PRESIDING OFFICER. The Sen- on energy but also to improve the en- goods we produce. We want to keep ator from Ohio. ergy efficiency legislation before us. that quality high. But we have to be Mr. PORTMAN. Mr. President, we Those of us on this side of the aisle sure we are giving these businesses the are finally here on the floor, and I talk about the need for an ‘‘all of the ability to compete by helping to keep would like to thank my colleague Sen- above’’ energy policy, and I certainly their energy costs low—again pro- ator SHAHEEN for her comments and for believe in it. I think we need to do ev- ducing more and using less. working with me over the last few erything we can to make ourselves What this legislation does—and it is years to get to this point where we can more energy independent so that we very significant—is it helps the private be talking about something that brings are not dependent on dangerous and sector develop the energy efficiency us together, I hope, as a Senate, which volatile parts of the world, including techniques, technologies of the future. is this effort to ensure that we have an the Mideast. We have certainly seen We make it easier for employers to use energy plan for America that can help that here in the last couple of weeks tools that will reduce their costs, ena- bring back jobs, help fix our trade def- where what is happening in Syria and bling them to put those savings toward icit, and help spark an American man- what is happening in Egypt affects expanding jobs, plants, equipment, and ufacturing renaissance, and that is the what goes on here in this country in hiring new workers. The proposals con- Energy Savings and Industrial Com- terms of our energy costs and certainly tained in our bill are commonsense re- petitiveness Act. our economy. So this need for energy forms we have needed for a long time. This is about energy efficiency. It is efficiency should lead us to want to be about using what we have more effi- sure we are including this legislation The bill contains no mandates. Let ciently, and I think that makes a lot of in the mix. me repeat that. There are no mandates sense for us to move forward. As Sen- We need a policy that harnesses more in this legislation on the private sec- ator SHAHEEN said, it is a first step, but of our domestic resources. I believe in tor, period. In fact, many of our pro- it is an important step. that. I believe we should be producing posals come as a direct result of con- I thank the chair and ranking mem- more energy in the ground here in versations we have had with folks in ber of the Senate Energy and Natural America. I am for producing more, but the private sector about how the Fed- Resources Committee—Senator WYDEN, I am also for making sure we don’t eral Government can help them to be- who spoke earlier, and Senator MUR- miss the other part of the equation, come more energy efficient and to save KOWSKI, who is with us on the floor and which is using less. So I believe pro- money, which they can then reinvest in who spoke earlier—for all the support ducing more and using less is a good their businesses and communities. they have given us over the last few policy. Here is a brief overview of some of years to get this through the com- This is part of the using-less part the major parts of the legislation, some mittee process and the markup process that maybe we don’t talk about as of which have already been described and to add some important elements to much on this side of the aisle, but it is ably by my colleague from New Hamp- the legislation, and we will see more as also very important. It is important in shire, but I just want to review them the amendment process proceeds. I also part because it creates jobs. It is a bill quickly. thank Leader REID for helping us bring that is supported, by the way, by over First, it does specifically help manu- this bipartisan legislation to the floor 260 businesses, business association ad- facturing. It reforms what is called the today, and I thank Senator MCCON- vocacy groups, from the National Asso- Advanced Manufacturing Office at the NELL, who has been very supportive of ciation of Manufacturers and the Department of Energy by providing us moving this process forward. chamber of commerce to the Sierra clear guidelines on its responsibilities, As has been said on the floor this Club and the Alliance to Save Energy. one of which ought to be to help manu- afternoon, this is really the first sub- The Christian Coalition is supporting facturers develop energy-saving tech- stantive energy legislation we have it. nologies for their businesses. This is a seen on the floor in a while—maybe 6 I have here a list of these 260 trade shift. We think it is important. We years—and it requires help from both associations and business organizations think they have gotten away from that sides of the aisle to get to this point. It because there are too many names to a little bit—the Department of En- is bipartisan. go through on the floor, but it is a very It is also supported, by the way, on ergy—and we need to be sure they get impressive list. back to it. both sides of the Capitol. We have peo- I think the legislation got through ple in the House, including some House the Senate Energy Committee with a It facilitates the already existing ef- Members I spoke to earlier today, who vote of 19 to 3 partly because of this forts of companies around the country are very interested in what we are support because members realize this that are trying to implement cost-sav- doing over here on this legislation be- will help them and their constituents. ing energy efficiency policies by cause they have companion legisla- Simply put, I think this legislation streamlining the way government tion—not identical but similar legisla- that the senior Senator from New agencies in this arena work with them. tion—in the House they are working on Hampshire and I have worked on and It also increases partnerships with on a bipartisan basis. proposed makes good environmental national labs. The national labora- So this is one that I think has a good sense, I think it makes good energy tories have a lot of great research, and shot of getting through the Senate. I sense, and I think it makes good eco- we want to be sure it is commercialized think it also has a good shot of getting nomic sense too. and shared with the private sector. through the House and going to the I spent time visiting with businesses Also, it increases partnerships with President for signature and helping to throughout my State of Ohio on this energy and service technology pro- move America forward with a more bill and on this whole issue of energy, viders and the national labs together sensible energy policy. and they all say the same thing, which to leverage private sector expertise to- We are going to see a lot of amend- is pretty obvious, and that is that en- ward energy efficiency goals. ments on the floor, and I think a num- ergy is an important component of ber of these amendments will be bipar- their business, it is part of the cost of The legislation strengthens the tisan and will help improve the bill. In doing business, and energy efficiency model building codes so that builders fact, I am looking at a list here of makes them more able to compete in in States that choose to adopt them about a dozen bipartisan amendments. the global economy. will have the most up-to-date energy These are amendments—some of which We do live in a global economy, and efficient codes developed anywhere— we talked about in committee, some of every day businesses in my State go up best practices. which have come since the process— against businesses not just in other The legislation establishes univer- that involve some very thoughtful States but in other countries. We are sity-based building training and assess- work done by our colleagues, and I am not going to be able to compete on ev- ment centers. Industrial assessments looking forward to having a debate on erything. We don’t want to compete on centers are located around the country.

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.034 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE September 11, 2013 There is one in Dayton, OH. I had the All this adds up to a piece of legisla- (The amendment is printed in today’s opportunity to visit with one of the re- tion that Americans across the spec- RECORD under ‘‘Text of Amendments.’’) searchers there recently, who was out trum can support. It is fully offset, it Mr. WYDEN. Mr. President, in my working with midsized smaller compa- contains no mandates, it requires the view, this is a very practical amend- nies, helping make them more energy Federal Government to be more effi- ment offered by my friend and col- efficient. They are strongly in support cient. league from Oregon Senator MERKLEY. of this legislation because they want to According to a recent study of our It involves a study on standby power. expand the good work they are doing to legislation, in 12 years, by 2025, Sha- help more businesses be more energy heen-Portman is estimated to aid in The amendment would, in effect, efficient, be more competitive, and add the creation of 136,000 new jobs. The refund the study at the Department of more jobs. port says it is going to save consumers Energy to look at standby power stand- Under this legislation, these centers $13.7 billion a year in reduced energy ards in States and other parts of the also will be helping to train the next costs by 2030. A vote on this legislation world to determine what is the most generation of workers in energy effi- is a critical step for achieving this goal feasible and practical way to approach cient building design and operation. of a true ‘‘all of the above’’ energy it. There is no authorization here. Not only will these programs save en- strategy. It produces more energy at I think it is pretty obvious to Mem- ergy, but they will also help provide home, yes, but also uses less energy— bers of the Senate, there are a large our students and unemployed workers and uses it more efficiently. number of electronic products, from who need these skills with the skills I urge my colleagues on both sides of televisions, cell phone chargers, to they will need to compete in this grow- the aisle to come down to the floor, microwaves, that cannot be completely ing energy field. offer their amendments, let’s have a turned off without being unplugged, To repeat, this bill is not about forc- good debate and discussion, and let’s ing companies to become more energy and we ought to find ways to reduce support this underlying bill. Let’s be wasted standby power. efficient or imposing mandates. It is sure it leaves the Senate with a strong about incentives, and it is about giving It is my intention to support this vote and, with it, rigorous debate to these companies the help they are ask- amendment. I think it is a practical ensure it can pass the House of Rep- ing for. And we can do it at no addi- idea. I yield any time to Senator resentatives where, as I said earlier, tional expense to the taxpayer. Why? MERKLEY to explain his thoughtful there is a lot of interest, and that it Because the cost of this legislation is amendment. can go to the President for his signa- fully offset. In other words, we change ture to take this important step to- The PRESIDING OFFICER. The Sen- other programs at the Department of ward making this country more com- ator from Oregon. Energy to pay for the cost of this legis- petitive, more energy efficient, less de- lation. Mr. MERKLEY. Mr. President, I According to the Congressional Budg- pendent on foreign oil, and creating thank my senior colleague from Or- et Office, it has no impact. It is deficit more jobs in the process while improv- egon. I appreciate very much his call- neutral. But in fact it will save tax- ing the environment. It is a win-win- ing up this amendment and for his payers money, because all of us as tax- win. leadership on energy, and specifically payers will save money because of an- I thank my colleague from New energy efficiency. other provision of the legislation, and Hampshire and the chair and ranking member of the Energy Committee. We I would also like to compliment my that is because we go after the largest colleagues from Ohio and New Hamp- energy user in the world to try to look forward to entertaining some amendments and look forward to being shire, who have worked so hard on this make them more efficient. That is the very valuable piece of the energy puz- United States Government. We want to here on the floor talking about a way to move our country forward in a way zle: How do we more efficiently utilize be sure the United States Government energy that we generate? starts to practice what it preaches, be- that provides a model on moving the cause as it talks to the rest of us about Senate forward on other bipartisan Specifically, this amendment is re- the need for more energy efficiency, we measures. lated to standby power, the power that find that at the Federal Government Mr. President, I yield back my time. is wasted keeping devices ready to use there are lots of opportunities to make Mr. WYDEN. Mr. President, I suggest at a moment’s notice. I prefer the term them less wasteful and more efficient. the absence of a quorum. ‘‘vampire’’ power or ‘‘vampire’’ elec- It directs the Department of Energy The PRESIDING OFFICER (Mr. tronics. This is the power our elec- to issue recommendations that employ HEINRICH). The clerk will call the roll. tronics suck out of our power system energy efficiency on everything from The legislative clerk proceeded to when they are doing absolutely noth- computer hardware to operation and call the roll. ing. So this challenge of loss to vam- maintenance processes. Mr. WYDEN. Mr. President, I ask pire electronics is certainly something Senator WYDEN had some good exam- unanimous consent that the order for we ought to take on. the quorum call be rescinded. ples earlier of some of the waste in the Many electronic devices, from tele- Federal Government that this bill will The PRESIDING OFFICER. Without objection, it is so ordered. visions to desktop computers, cell go after. This is smart because it is the phone chargers, microwaves, use en- AMENDMENT NO. 1858 right thing to do in order to save energy when they are turned off but are (Purpose: To provide for a study and ergy, but also it helps taxpayers be- still plugged in. Often, you will see report on standby usage power stand- cause it is going to reduce the cost at that little light that tells you it is still ards implemented by States and other the Federal Government. plugged in. This wasted energy ac- It also takes an interesting common- industrialized nations) counts for roughly 5 percent of residen- sense step of allowing the General Mr. WYDEN. Mr. President, I call up tial electricity use. So about 1 kilowatt Services Administration to actually amendment No. 1858. in every 20 or $1 in every $20 is utilized update the building designs they have The PRESIDING OFFICER. Without to keep those little lights blinking. to meet energy-efficient standards that objection, it is so ordered. have been developed since these de- The clerk will report. The United States has yet to estab- signs were finalized, some of them The legislative clerk read as follows: lish standards for efficiency in prod- many years ago, and they can’t update The Senator from Oregon [Mr. WYDEN] for ucts related to standby power. Some them. We certainly want to be sure the Mr. MERKLEY, proposes an amendment num- States have done so, and other indus- new Federal buildings that are being bered 1858. trialized nations have taken action. constructed are using the most up-to- Mr. WYDEN. Mr. President, I ask This amendment would simply tell the date efficiency standards. This legisla- unanimous consent that further read- Department to look at the standards tion permits that to happen. The gov- ing of the amendment be dispensed established elsewhere in the world, or ernment has been looking for places to with. in individual States, compare them and tighten its belt. This is one. Energy ef- The PRESIDING OFFICER. Without analyze them, so we can consider ficiency is a great place to start. objection, it is so ordered. whether a lot more could be done in

VerDate Mar 15 2010 03:33 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.036 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6357 the United States to make us more ef- Mr. VITTER. I object. that really pass the smell test. I mean ficient. That efficiency is like pro- The PRESIDING OFFICER. Objec- they are common sense, they are prac- ducing free, available power by ending tion is heard. tical. the waste. In fact, the EPA estimates Mr. INHOFE. Mr. President, let me In that context, this amendment 100 billion kilowatt hours of electricity go ahead and tell the floor what it is modifies the existing definition of re- are wasted by vampire electronics each all about. I know I am going to be newable energy to provide that ther- year. That adds up to $10 billion in wanting to come back to the floor and mal energy that is generated from— extra energy costs. get this in the queue. from renewable energy sources ought Depending on the age of components, It is very rare in this body that we to be considered renewable energy for running a cable box or large-screen TV, come up with something everyone is Federal energy purchase requirements. a DVD player, a gaming console, sur- for, something that wasn’t a part of the For example, if a Federal agency has round sound setup, could be like run- original legislation, for a very good access to thermal energy from ground- ning a significant refrigerator, a sig- reason. We are talking about geo- water to heat or cool its facilities, nificant power draw, and DOE believes thermal. under the Inhofe-Carper amendment it is feasible to reduce this waste from Right now we all recall in the Energy that thermal energy would be consid- standby power by about 75 percent. Policy Act of 2005, there is a provision ered renewable energy produced just as The value of that 75-percent reduc- that requires the Federal Government if the buildings had solar or wind power tion would be equivalent to erecting have a percentage of its energy be from to produce electricity. 25,000 3-megawatt wind turbines for renewable sources. The problem is this: I hope colleagues, in this spirit, will free. That is a lot of wind power being Geothermal doesn’t create any new en- bring us these kinds of suggestions and utilized. So let’s do it. ergy. It lets you use the energy that is ideas. Senator INHOFE brought this to Under this amendment, the Depart- there, recover it, heat our homes, cool us early on. I know we are going to ment of Energy is instructed to con- our homes, put it back, and then reuse have some more discussion because of duct a study of standards of standby it again. its connection to other matters, but I power appliances and electronic de- As I say, it is something everyone is hope we will get a vote. It is common vices that have been implemented by for. It is 100 percent renewable. The sense. It is practical. I intend to sup- other States or other industrialized na- only oversight originally was that it port it. I want the record to reflect tions, and to evaluate which of the did not actually create energy. The that. standards studied would be feasible and amendment would change this to allow The PRESIDING OFFICER. The Sen- appropriate in the United States. It is geothermal heat pumps to be among ator from Ohio. a simple idea and an important study the renewable energies that could be Mr. PORTMAN. Mr. President, as au- that can contribute substantially to used by the Federal Government to thor, with Senator SHAHEEN, of the un- the use of power effectively here in our meet its obligation under the 2005 En- derlying bill, I have a list of a dozen or economy. ergy law. so bipartisan amendments that I would I thank my colleagues for bringing This amendment doesn’t cost any- love to see us have a debate on, includ- this amendment forward. thing, it doesn’t mandate anything. It ing the Inhofe amendment. The Inhofe- The PRESIDING OFFICER. The Sen- simply provides another acceptable Carper amendment is a great example, ator from Oregon. way for the Federal Government to as the chairman just said, of one that Mr. WYDEN. Mr. President, we are meet its obligations in a cost-effective actually improves the bill. As I said, not going to vote on this amendment way. It is noncontroversial and some- there are some amendments we may at this time. But when we do, I hope thing everyone wants. colleagues will support it. I think it is It would be my hope after that expla- not find bipartisan, but this is one, and a very fine amendment. nation the Senator from Louisiana it is common sense. I appreciate him I yield the floor and I suggest the ab- would be willing to let me bring it up working with the committee and work- sence of a quorum. for the purpose of considering it, puting with us, and I just wish we could The PRESIDING OFFICER. The ting it in the queue, and then going get it up for a vote and get it filed clerk will call the roll. back to where we were, acknowledging today. The assistant legislative clerk pro- objections that he might have to other I hope we can work out our dif- ceeded to call the roll. amendments. ferences on other amendments that are Mr. MERKLEY. Mr. President, I ask The PRESIDING OFFICER. The Sen- not relevant to the legislation so we unanimous consent that the order for ator from Louisiana. can go ahead with some of this debate. the quorum call be rescinded. Mr. VITTER. Unfortunately, I am My sense is that we have a good chance The PRESIDING OFFICER. Without going to have to sustain my objection. of doing that. Let’s figure out how to objection, it is so ordered. But I am very hopeful this can be come together with a practical solu- Mr. MERKLEY. Mr. President, I tion to be able to provide a vote but yield the floor and I suggest the ab- worked out in short order, as soon as a vote on my amendment is locked down. also to allow us to proceed with this sence of a quorum. debate. The PRESIDING OFFICER. The In fact, I will go this far. It doesn’t even have to be on this bill. It does Senator INHOFE came over here to clerk will call the roll. offer his amendment. He wasn’t able The assistant legislative clerk pro- have to be in the near future, because to. I hope we can, for the next good bi- ceeded to call the roll. the issue with regard to which I am partisan amendment, have that oppor- Mr. INHOFE. Mr. President, I ask very concerned happens on October 1. tunity. unanimous consent that the order for So this is an extremely time-sensitive the quorum call be rescinded. issue. I yield. The PRESIDING OFFICER. Without I have had good discussions with the The PRESIDING OFFICER. The Sen- objection, it is so ordered. majority, and it seems as though we ator from Louisiana. Mr. INHOFE. Mr. President, I think are going to be able to lock down that Mr. VITTER. Mr. President, let me there is a little confusion on the floor. agreement hopefully very soon. But offer this truly friendly suggestion. I I have an amendment. I have talked to until then, I am going to have to ob- think we can proceed with this debate. virtually everyone. In fact, I can’t find ject. Senator PORTMAN said proceed with the one person opposed to it. It is very sim- Mr. WYDEN. Mr. President, I intend debate. We can proceed with this de- ple. to support the Inhofe-Carper amend- bate right now. We can bring amend- What I would ask is that I be able to ment. In my view, this is really a comments to the floor, we can talk about set aside the pending amendment for monsense clarification of existing law. them, we can have a full debate on any the purpose of considering my amend- I want colleagues to have a sense that amendment folks want to bring to the ment No. 1851. Let me make that and this is the kind of bipartisan work that floor. I encourage that. I think that see if there is objection to that. Senator MURKOWSKI talked about ear- will move the process along because we The PRESIDING OFFICER. Is there lier, that we have been trying to do to can basically do all of the substantive objection? try to come to the Senate with ideas debate on these amendments. The only

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.038 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6358 CONGRESSIONAL RECORD — SENATE September 11, 2013 thing I am talking about is a techni- way possible: For our country to truly I yield the floor. cality, which is making the amend- realize energy independence, energy se- The PRESIDING OFFICER. The Sen- ment pending. That is a technicality curity, we need to efficiently use the ator from Oregon. that does not have to stop or delay or energy we have. That is exactly what Mr. WYDEN. Mr. President, before he prohibit any debate. Senators PORTMAN and SHAHEEN envi- leaves the floor of the Senate, I wish to My suggestion is to move full for- sion with their legislation. We support commend my colleague from Colorado, ward with that debate as we work out energy security, and we save Ameri- Senator UDALL. This is a practical, this agreement. I am fully prepared in cans money. commonsense amendment. There is no the same way to discuss and debate my With that background, let me turn to new expenditure of Federal funds. I am amendment. I am ready to do that our amendment. Improving the energy very pleased my colleague brought it whenever it is appropriate. efficiency of our schools is a no- to the floor. It is reflective of the ap- The PRESIDING OFFICER. The Sen- brainer, and that is why I am proud to proach we see in the Energy Com- ator from Oklahoma. partner with Senator COLLINS to make mittee in a host of areas where the Mr. INHOFE. I don’t recall this hap- sure our efforts have the biggest bang Senator from Colorado consistently pening before. Regarding the very for the buck. This is a bipartisan tries to find common ground and act in amendment that is an obstacle, keep- amendment. It will help streamline ef- a bipartisan way. One of the reasons I wanted to speak ing me from the vote, I ask unanimous forts to improve the energy efficiency for just a minute is now we are seeing consent right now to become a cospon- of our Nation’s schools while, most im- these bipartisan amendments are start- sor of that amendment, the Vitter portantly, strengthening our children’s ing to sort of pile up. That is because amendment I am talking about. education. colleagues are listening to what folks I know what he is trying to do. I Our schools are often confused by at home are saying. They are saying to know he is going to make an effort to where to go and whom to work with to Senator UDALL and Senator SHAHEEN get this done maybe in other legisla- pursue energy efficiency efforts and and Senator PORTMAN and myself— tion if it does not happen here. I will be education, and this is in part because Senator MURKOWSKI, they are saying joining him in his cause. I see this as a of how many agencies, departments, when you all are back there in the fall: separate matter here, as I say. We want State governments, and the like are in- Try to find some ways to get things to move this along. Everyone agrees to. volved. By providing a coordinating I will stand by and see if anyone done. Get people to work together. structure for schools to better navigate I think we all understand how impor- changes their mind. existing Federal programs and the fi- Thank you, I say to the chairman tant energy is—and energy security. It nancing options available to them, we and ranking member. Thank you for is about jobs. It is about a cleaner envi- are going to pare back duplicative ef- the very kind comments on my amend- ronment. It about productivity. When I forts and make it easier for schools ment. look at the specifics of this amendment Mr. WYDEN. I suggest the absence of across my State of Colorado and across Senator UDALL and Senator COLLINS a quorum. the United States to save thousands of are pursuing, sometimes I think it is The PRESIDING OFFICER. The taxpayer dollars each year that then maybe too logical for the beltway. Peo- clerk will call the roll. can be reinvested in strengthening our ple say it makes too much sense. When The assistant legislative clerk pro- education system. schools do retrofits under the Collins- ceeded to call the roll. The amendment also has the dual Udall amendment to become more en- Mr. UDALL of Colorado. Mr. Presi- benefit of making Federal programs ergy efficient and use cleaner power, dent, I ask unanimous consent that the work better for our schools while still the kids come out winners, the envi- order for the quorum call be rescinded. leaving decisions to the States, school ronment comes out a winner, and the The PRESIDING OFFICER. Without boards, and local officials to determine taxpayers come out winners. That is objection, it is so ordered. what is best for their schools. the whole reason the Federal Govern- Mr. UDALL of Colorado. Mr. Presi- This is a commonsense amendment. I ment provides assistance to schools for dent, I was next going to ask unani- truly hope we get a chance to debate it these types of projects in the first mous consent to set aside the pending and to have an up-or-down vote on it. place. amendment and call up my amendment Before I yield the floor, I would also It is an opportunity for the Federal No. 1845. I understand the Senate is in like to point out—I know my colleague Government to save money and ensure an a bit of an impasse, but, if I might, Senator WYDEN is well aware of this, as that we maximize educational opportu- I would like to talk about my amend- are Senator SHAHEEN, Senator nities for the kids. The reality is that ment without calling it up with the PORTMAN, and Senator MURKOWSKI— Federal school efficiency programs are hope that later my friend and colleague that when we have schools that operate now strewn, really, all over the Federal Senator WYDEN will be able to call up on an energy efficient basis, studies Government. They are scattered among my amendment and put it on the list of show our young people, our children more than six different agencies. The pending amendments. learn more effectively because if you States have all these different pro- The PRESIDING OFFICER. The Sen- are in an environment that is com- grams and incentives. What Senator ator may proceed. fortable, where the light is appropriate, COLLINS and Senator UDALL seek to do Mr. UDALL of Colorado. I am going where you can see, where you can take is to have a straightforward mecha- to talk a little bit about this impor- in what is being taught, you are, of nism for improved Federal coordina- tant effort which has been authored in course, going to have a better edu- tion. In the real world that means we partnership with my good friend from cational experience. are going to have more energy projects the wonderful State of Maine, Senator A better educated America means a built, and it means more schools are COLLINS. I wish to take a minute before stronger America, means a more pro- going to save energy and money. I do that and say how important it is ductive America, a more competitive I would also note—because my friend that we are finally debating, for the America. This has benefits across the Senator MURKOWSKI is here—that the first time in years, an energy bill in board in every way imaginable—the Udall-Collins amendment pretty much the Senate. The fact that we are here broader effort that Senators SHAHEEN tracks something we have been inter- today beginning this important debate and PORTMAN brought forth but also ested in. The committee has been look- is a huge testament to my colleague that Senators WYDEN and MURKOWSKI ing at S. 1048, which was heard by the from the great State of New Hamp- are handling here on the floor of the Energy Subcommittee on June 25. shire, Senator SHAHEEN, and my good Senate. Again, no authorization. The mini- friend from the days I served in the I wish to draw attention to this im- mal costs are covered by existing DOE House and now fellow Senator from the portant amendment. I thank my col- funds. I wish to commend the Senator great State of Ohio, Senator PORTMAN, league Senator COLLINS. I know she from Colorado for his good work and and the leadership of Chairman WYDEN will be here later to talk about her per- particularly the bipartisan focus he has and Ranking Member MURKOWSKI. spectives and the other good work she put on this and everything else that I think Senator PORTMAN and Sen- is going to do when it comes to this im- has to do with his Senate business. I ator SHAHEEN are saying this in every portant legislation. hope we will be able to vote on it.

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.039 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6359 As this debate starts, I want col- good bipartisan vote on this amend- fitting projects for our schools. It leagues to see that we are going to ment and on others. would also require a review of existing start stacking up good, commonsense, I thank the Presiding Officer and I Federal programs and financing mech- bipartisan amendments, and that is yield the floor. anisms, the formation of a streamlined why there is so much value in energy The PRESIDING OFFICER. The Sen- process of communication and out- efficiency. ator from Maine. reach to the States, local education Before Senator UDALL came to the Ms. COLLINS. Mr. President, first, I agencies, and schools of these existing floor, I said we all get worked up wish to congratulate the bill’s spon- programs to make them more aware of around here by saying we are for ‘‘all sors, Senators SHAHEEN and PORTMAN, their existence, and the development of of the above’’ energy policy. It is al- for crafting the underlying bipartisan, a mechanism for Governors, State en- most obligatory for a Senator to say commonsense energy efficiency bill. ergy programs, and local educational they are for ‘‘all of the above’’ three I am proud to be a cosponsor of their and energy officials to form a peer-to- times every 10 or 15 minutes. A Senator legislation, and I am pleased to see peer network to support the initiation can’t be for an ‘‘all of the above’’ en- that the bill is being considered and of these projects. ergy policy unless they are for energy look forward to the debate on energy Finally, the amendment would re- efficiency, and Senator UDALL is bring- efficiency. quire the Department of Energy to pro- ing some of that sensible thinking to I would hope that as we consider vide technical assistance to help the schools. amendments to this bill, we could con- schools navigate the financing and de- I am looking forward to getting up sider amendments that relate to the velopment of these projects. Assisting this amendment so we can vote on it, issue of energy so we can make real our Nation’s schools in navigating and and I commend Senator UDALL for his progress and that we don’t end up—as tapping into existing Federal programs good work. happened before the recess when I was that will help them lower their energy I yield the floor. managing a bill on the transportation usage and save the taxpayers’ money The PRESIDING OFFICER. The Sen- and housing appropriations for the mi- at a time of very tight and constrained ator from Alaska. nority side—distracted on two issues educational budgets simply makes Ms. MURKOWSKI. Mr. President, I, that had nothing to do with the under- good common sense. too, wish to thank the Senator from lying bill, important though it was. I urge my colleagues on both sides of Colorado and the Senator from Maine I am very pleased to join my col- the aisle to support the Udall-Collins for their leadership in this area. When league, the distinguished Senator from amendment numbered 1845. I thank not we talk about being efficient, we think: Colorado Mr. UDALL in sponsoring an only the sponsors of the bill but the OK. Let’s coordinate, collaborate, and amendment to help streamline the leaders of the energy committee, Sen- cooperate so we do better with what it available Federal Energy Efficiency Fi- ator WYDEN and Senator MURKOWSKI, is we are utilizing. nancing Program to help improve the for their help and assistance to us. I will give an example of how some- health and lower energy costs of our I hope we can start the debate on this thing such as this can make a dif- Nation’s schools. bill on a positive note by adopting a bi- ference in my State. I have noted be- There are a number of Federal initia- partisan amendment that is going to fore that our energy costs in Alaska tives already available to schools to help our schools save money, reduce are some of the highest in the Nation. help them become more efficient. How- energy costs, and also lower emissions. Far too often our schools are in remote ever, in many cases schools are not That is the way to start the debate on areas where basically they are not part taking full advantage of these pro- this bill. of anybody’s grid. They are in commu- grams. I think this is particularly a I thank the Presiding Officer and nities that are diesel powered. It is a problem in rural States such as Alaska yield the floor. tough way to heat a community. Think or Maine, where the schools don’t have The PRESIDING OFFICER. The Sen- about how expensive it then becomes the luxury of having grant writers who ator from Louisiana. for the schools. The school has to ab- can spend all day searching for Federal Mr. VITTER. Mr. President, I wish to sorb these energy costs. funding that might allow them to up- thank Senators COLLINS and UDALL for Where do these dollars come from? grade their energy efficiency or reduce coming to the floor with their positive Effectively, they come out of the edu- emissions from their energy systems. amendment, laying it out, and debat- cation budget, and the State does step Large urban schools may have the ing it. I encourage everyone with an in- in. The State provides substantial as- ability to hire those full-time grant terest in this bill—Democrats and Re- sistance, but anywhere, anytime or writers, but I know in my State of publicans—to do the same. Come to the anyplace we can work together to, Maine it is very difficult for schools to floor, lay out amendments, and have again, be more collaborative in our ap- even become aware of these programs. that debate so we can move forward in proach as to how we deal with our effi- One of the purposes of the amendment a productive way as the first vote ciency opportunities will ultimately that Senator UDALL and I are offering agreement is being worked on and fi- help our schools. is to help schools, regardless of their nalized, and that is what I am going to This is going to help the schools size, take advantage of existing pro- proceed to do with regard to my whether they are in Maine or Alaska or grams. amendment. Colorado. Why these places are all I wish to stress that we are not cre- My amendment is not related to this colder I am not sure, but maybe it ating a whole lot of new programs. All bill, but I have to bring it up now be- forces us to be a little more efficient. we are doing is providing a streamlined cause it is very time sensitive. It is Maybe it forces us to figure out ways coordinating structure for schools to about something that is very wrong, in to work together better. I want to help them better navigate available my opinion, that is happening October make sure we are able to get the edu- Federal programs and financing op- 1. cation dollars into the classroom and tions. I also wish to emphasize—par- Many of us in this Chamber, and cer- not basically fueling the boilers to ticularly to my Republican col- tainly myself, regularly talk against keep the kids warm. leagues—that our amendment still the exemptions under ObamaCare that I applaud my colleagues in this ef- leaves all the decisions to the States, are created for the rich and powerful fort. The goal to increase coordination local school boards, and local officials and politically connected. Many in this and cooperation at Federal, State, and about how best to meet the energy body, including myself, regularly talk local agencies to be operating more ef- needs of their schools. about the abuses of this administration ficiently and utilizing existing rela- So what does our amendment do? going beyond their legitimate author- tionships is a positive. Specifically, the amendment would es- ity and what is in the law. They are Again, I commend my colleagues for tablish the Department of Energy as making up stuff through Executive or- their efforts in bringing us forward on the lead agency in coordinating a ders, rulemaking, and Executive fiat. this particular aspect of energy effi- cross-developmental effort to help ini- As I said, I am certainly in that group. ciency. I look forward to the oppor- tiate, develop, and finance energy effi- I believe an action was taken re- tunity where we will be able to show a ciency, renewable energy, and retro- cently that is a horrible, dangerous,

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.041 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6360 CONGRESSIONAL RECORD — SENATE September 11, 2013 and offensive example of both of those whether anybody on their staff has to should be the case across the board and things, and my amendment would cor- go to the exchange at all. I think that certainly that should be the case under rect that situation. I will back up and is ludicrous on its face and completely ObamaCare. explain what I am talking about. contrary to the statute. Tens of millions of Americans are ex- Right after all of Congress left for But then the second big thing the periencing having to go to the ex- the August recess—a little over 1 rule did is made, out of thin air, the changes. Many of them didn’t want to month ago—the Office of Personnel rule that the present subsidy we get go there. Many of them had good cov- Management, part of the Obama ad- from the taxpayer for our present erage with their employer that they ministration, issued a draft rule. This health care coverage is going to some- are losing because of the economics of draft rule was basically designed to how miraculously turn into a subsidy this new situation, and they are being take any of the sting of ObamaCare on the exchange, which doesn’t exist. It forced to the exchange. The clear lan- away for Washington insiders—specifi- doesn’t exist for us under the law; it guage and intent of that provision in cally Members of Congress and con- doesn’t exist for any American. So ObamaCare was for Members of Con- gressional staff. they made up out of thin air this rule gress and staff to have to experience During the ObamaCare debate, we de- that the taxpayer-funded subsidy the same thing, and that is the clear bated an amendment on the Senate would follow all of these folks—Mem- language and that is the clear intent. floor, and it, to my pleasant surprise, bers of Congress and the staff who are So we should live by that, not get was actually adopted. The amendment required to go there—to the exchange. around it. And, in my opinion, we said that every Member of Congress Again, that is not in the law. That is should expand it to the President, who and all congressional staff have to go contrary to the letter and spirit of this has volunteered to go to the exchange, to the exchange. They have to leave provision. There is a separate provision to the Vice President, and to all of their very generous Federal employee of ObamaCare that specifically says their political appointees. That is what health benefit coverage and go to the with regard to all individuals going to our amendment does. That is what our exchange. They have to go to the fall- the exchange that when they do this, bill does. back position in terms of health care when they go to a plan on the ex- I wish to thank all of the Members, coverage that millions of Americans change, they lose their employer-pro- Senate and House, who were working are dealing with and have to go to vided subsidy. So that is specific about hard on this proposal, including Sen- them right now or over the next sev- the situation of folks going to the ex- ators ENZI, HELLER, JOHNSON, and eral months. They have to live under change and directly contrary to this many others. I know I am missing several. There are several House Members, those same rules and under those same law. circumstances of those tens of millions As I suggested at the beginning, I led by Congressman RON DESANTIS of of Americans. think this is a special exemption for Florida, who are working on identical I supported that. I think it is impor- Washington, a special bailout for Wash- House language. They are hard at tant that the ruling elite, if you will, ington, to ensure Washington doesn’t work, particularly in the context of the need to live under the same laws they have to live by the same rules, in this CR. The bottom line is this: There should created across the board. Specifically, case with regard to ObamaCare and the be no special Washington exemption under ObamaCare, I think it is very exchanges, that all of America does, from ObamaCare. All laws we pass important that everybody in Congress and it is beyond the statute and it is should apply to us every bit as much as and in Washington—and I think this beyond the President’s constitutional other Americans, and certainly we, as should be expanded to the administra- authority. He can’t make things up out is the clear language and is the clear tion—live under the same system in of thin air. For that reason, I have intent, should live under that fallback terms of the exchange that many of joined with many colleagues to draft a plan of the exchanges just as every those folks created. bill which would make an amendment That was the statute that was sup- other American does. No other Amer- to this bill to propose that would fix ican gets this special subsidy the OPM posed to govern. After ObamaCare that, and it is no Washington exemp- rule gives to us. passed, to quote NANCY PELOSI, folks tion from ObamaCare. Folks in this class under my amend- started looking and reading the bill to Specifically, the bill would do three ment and bill would be able to qualify figure out what was in it. Lots of folks things: First of all, it does away with for a subsidy, if it is the same subsidy in Washington got very concerned once this OPM rule and it clarifies that that is available to other Americans, they read that revision and figured out Members don’t get to pick and choose according to income category. So if a what was in it. They understood it who is official staff. Congressional staff person qualifies by income, fine. But would create real dislocation and sting, is congressional staff. this is way beyond that. This is a spe- not for America—although it does do Then it says, all Members of Con- cial deal, a special exemption for Con- that, but they were not concerned gress, all congressional staff—and we gress, and we need to say there should enough about that—but for Wash- expand it to the President and Vice be no Washington exemption. This bill, ington. President and all political appointees this amendment does that clearly and For months, many people lobbied the of the Obama administration—all of categorically. administration to try to get around those folks have to go to the ex- I urge my colleagues, Democrats and this and make up some regulation that changes, the clear language of present Republicans, to support this. would take the sting out of that provi- law with regard to Members of Con- Let me end by talking about a vote. sion. After intense lobbying, sure gress and their staff. I am bringing up this amendment on enough, the Obama administration Finally, we fix the other part of this this bill. The reason is this issue is issued this rule—again, as I mentioned illegal rule. We say this subsidy Mem- very time sensitive. This rule, which a minute ago—right after we left town bers of Congress and staff currently was made up out of thin air, in my and safely away at the start of the Au- enjoy under their present health care opinion, goes into effect and all of this gust recess. coverage can’t follow them to the ex- is set to happen October 1. So this de- The rule did a few things, all of change. That is not the case for any bate has to happen, a change to this which I think are beyond the law, con- other American. That is not in the law. rule has to happen before October 1. trary to law, and outrageous. First of In fact, in ObamaCare, there is a broad- That is why I am bringing it up now all, it says the statute, which says all er provision completely contrary to and demanding a vote. But, actually, official staff of Members of Congress that, so we say that cannot happen. that vote doesn’t have to be on this need to go to the exchanges—the first That is what our bill and our amend- bill. I will accept any fair, reasonable, thing the rule says is we don’t know ment is. substantive vote before October 1. But what official staff means, so we are I think it is a fundamental, a thresh- we need to lock that down. I think we going to leave it up to each individual old, and a very important rule of de- are well on our way to locking that Member of Congress to decide if any mocracy that the governors have to down, and I look forward to that. member of their staff is official staff. live by the same laws they pass and im- In the meantime, let me again urge So each Member of Congress can decide pose on the governed. I think that my colleagues who have amendments

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.042 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6361 to this bill on the subject of energy or Having said all of that, I think it is Save Energy to the Real Estate Round- on any other subject to come down and a shame that we can’t get going with table, to the Sierra Club. It also represent those on the floor, talk about this bipartisan bill. I wish to thank the ceived a favorable hearing in the Sen- them and debate them, as I have, as chairman and the ranking member for ate Energy Committee in June, and I Senators UDALL and COLLINS have. their incredibly great bipartisan work thank the chairman for that. The Con- Let’s move forward with the process as on this energy bill. I wish to thank gressional Budget Office has confirmed we nail down this first vote agreement. Senator JEANNE SHAHEEN from New it has no score. As we get to a vote on this amend- Hampshire and Senator PORTMAN from I urge my colleagues to support this ment, I urge my colleagues to follow Ohio for the bipartisan work that has bipartisan and commonsense amend- the first and, in many ways, most basic been going on for months, if not years, ment. I hope we can get to the business rule of democracy: that the rules we on this bill. of legislating around this incredibly impose on the governed we should live I am pleased to come to the floor—I important bipartisan bill. by. That is absolutely essential. That wish to introduce my amendment but With that, I thank the Presiding Offi- should be the case across the board, not today because of the objection, but cer for his patience, I yield the floor, certainly including ObamaCare, and in to at least talk about a bipartisan and suggest the absence of a quorum. the case of ObamaCare, there is spe- amendment we would like to get on The PRESIDING OFFICER. The cific language which says that. That is this bill. I wish to thank my colleague clerk will call the roll. The bill clerk proceeded to call the what it says. That is what it is sup- Senator AYOTTE for joining me in this roll. posed to be about. This illegal OPM important effort. Our amendment is based on stand- Mr. WYDEN. Mr. President, I ask rule completely invalidates and gets unanimous consent that the order for around that rule, so we need to act to alone legislation we have written called the Better Buildings Act, which the quorum call be rescinded. fix that now, well before October 1. The PRESIDING OFFICER (Mr. Thank you, Mr. President. I yield the encourages energy efficiency in commercial buildings. Over the last several BROWN). Without objection, it is so or- floor. dered. The PRESIDING OFFICER. The Sen- years we worked with building owners across Colorado and the country to Mr. WYDEN. Mr. President, I com- ator from Colorado. mend the Senator from Colorado on a Mr. BENNET. Mr. President, I call up craft the legislation. The economic and environmental benefits of improving fine amendment. I hope we are going to amendment No. 1847. get a chance to vote on it. I think he The PRESIDING OFFICER. Is there energy efficiency in buildings are clear. A well-publicized retrofit of the Em- mentioned that commercial buildings objection? consume almost half of the energy used Without objection, it is so ordered. pire State Building in New York reduced energy usage by 38 percent—al- in the United States. The clerk will report. What I think is important for the The bill clerk read as follows: most 40 percent—and it saved an estimated $4.4 million annually for the Senate to see is the bipartisan amend- The Senator from Colorado [Mr. BENNET] ments are now piling up. We started off proposes an amendment numbered 1847. building owner. The retrofit also created over 250 construction jobs right with a very good amendment, the Mr. BENNET. I ask unanimous con- here in the United States that can’t be Inhofe-Carper amendment in terms of sent that the reading of the amend- sent overseas. thermal power, Senator UDALL and ment be dispensed with. It is this example, and these ideas, Senator COLLINS talking about retro- The PRESIDING OFFICER. The Sen- that helped form the basis for the Bet- fitting schools, getting more for the ator from Louisiana. ter Buildings Act and this amendment. kids and for a better environment Mr. VITTER. Mr. President, as I In crafting the measure, we started without spending new Federal money, made clear previously but I will re- to think about efficiency in buildings and now we have the Bennet-Ayotte state, I objected to and I continue to not only from the top down where a proposal to deal with commercial object to laying aside any amendment building owner makes the improve- buildings consuming almost half of the and making another amendment pend- ments, but also from the bottom up energy consumed in the United States. ing. We made that clear between the where a tenant would see advantages You have bipartisan amendments, I floor staff of the minority and majority from designing and configuring their say to my colleagues, in effect, stack- side. That was crystal clear, so I ob- rented office space in an energy-effi- ing up on the floor of the Senate. I ject. cient manner. With all of that in mind, think the reason that is the case is be- The PRESIDING OFFICER. We are the amendment we have introduced ac- cause Senators are coming back from on the amendment from the Senator complishes two principal goals. First, the August break. They were home from Colorado. it allows for a first-of-its-kind study by having community meetings and talk- The Senator from Colorado. the Department of Energy to chronicle ing to folks, and people said—whether Mr. BENNET. Mr. President, I ask private sector best practices as tenants you are from Ohio, like the Presiding unanimous consent that the calling up build out their lease spaces in commer- Officer, or Oregon or New Hampshire, of the amendment be vitiated out of re- cial buildings. This study would then different parts of the country—you go spect for my colleague from Louisiana. inform a voluntary Department of En- back there and find a way to deal with The PRESIDING OFFICER. Without ergy program to recognize tenants, to some real challenges, and do it in a bi- objection, it is so ordered. acknowledge tenants that design and partisan way. So that is what the un- The Senator from Louisiana. construct high-performance lease derlying bill does. That is what the Mr. VITTER. Mr. President, I wish to spaces in the future. three amendments we seek to be able very briefly thank the Senator. That is The second provision, called Tenant to vote on do. a very generous and gentlemanly thing Star, would expand on the popular EN- In the case of this particular amend- to do. This was the understanding be- ERGY STAR Program and make it ment, the voluntary ENERGY STAR tween the floor staff. I know appar- available to tenants, not just land- Program has created an incentive for ently it wasn’t properly communicated lords. Under our amendment, tenants commercial building owners to in- to the Chair, but that was the clear un- will be recognized for the efficient per- crease the efficiency of their buildings derstanding, and I appreciate that ges- formance of their leased office space. by recognizing the most efficient. So ture. This will provide value to their cus- today there are over 20,000 commercial The PRESIDING OFFICER. The Sen- tomers, their investors, and ultimately buildings in the country certified as ator from Colorado. to the building owner. highly efficient ENERGY STAR build- Mr. BENNET. Mr. President, through The ENERGY STAR label has proven ings. the Chair, I would say to the Senator a very powerful tool to achieve whole The challenge, however, is that about from Louisiana that my understanding building efficiency. Our language takes half of the energy used in commercial was he would object. He was on the the next logical step and confers this buildings is under the control of the floor when I offered it and I thought he recognition on tenants as well. tenants, not the owners. This amend- was going to object. So knowing of his This bipartisan amendment is broad- ment would promote efficiency in com- objection, I withdraw the amendment. ly supported—from the Alliance to mercial buildings by establishing a

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.043 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6362 CONGRESSIONAL RECORD — SENATE September 11, 2013 Tenant Star program to recognize the square feet of commercial floorspace, and strong. I hope Senators are going to see energy efficiency achievements of saved American businesses over $2.7 billion we are going to make sure people have building tenants, as ENERGY STAR in utility bills in 2012 alone—it is sound en- a chance to have their issues heard. does for the owners. ergy policy to evolve this program to the But we also want them to see that to ‘‘Tenant Star’’ level of leased spaces. We looked at this in the committee, We strongly support the Better Buildings lose the ability to have a key part of particularly in the Energy Sub- Act and its ‘‘Tenant Star’’ provisions. We an ‘‘all of the above’’ energy policy—I committee on June 25. To me, again, urge the Senate to enact S. 1191 whether on have said you cannot have an ‘‘all of trying to build on successful ap- its own or as part of any energy package the above’’ energy policy if you are not proaches is simply what the country that may be put to a vote. for energy efficiency. To not advance wants us to be doing here in the Sen- BETTER BUILDINGS ACT (S. 1191/H.R. 2126)— this particular cause—and we passed ate. It is the focus of the underlying ‘‘TENANT STAR’’ ENDORSERS the hydropower bill. It is a good bill. bill. It is the focus of the amendments Alliance to Save Energy, American Coun- People said it was the first major en- that are pending—each one of them cil for an Energy-Efficient Economy, Amer- ergy bill since 2009. This is the next supported in a bipartisan way. ican Hotel & Lodging Association, American logical step. We ought to take it. This amendment, as far as I can tell, Institute of Architects, American Resort De- I see the Senator from Ohio here, velopment Association, American Society of who has done so much good work, and has a real cross section of businesses Interior Designers (ASID), ASHRAE, Asso- interested, for obvious reasons. It con- ciation of Energy Engineers (AEE), Bayer I will yield at this time. I know he has stitutes almost half the buildings in MaterialScience LLC, Boston Properties, a great interest in this topic. I hope, the United States. Brandywine Realty Trust, Building Owners when we get a chance to vote on the Mr. President, I ask unanimous con- and Managers Association (BOMA) Inter- Bennet-Ayotte amendment, Senators sent that a letter of support we re- national, CBRE, Inc., CCIM Institute, will support it. ceived be printed in the RECORD. Danfoss, EIFS Industry Members Associa- I yield back. There being no objection, the mate- tion (EIMA), Empire State Building Com- The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the pany/Malkin Holdings, Energy Systems ator from Ohio is recognized. Group, First Potomac Realty Trust, Illu- Mr. PORTMAN. Mr. President, I RECORD, as follows: minating Engineering Society (IES). stand to strongly support this amend- JUNE 24, 2013. Institute for Market Transformation, In- ment. I think it is exactly as the chair- Re Better Buildings Act (S. 1191—‘‘Tenant stitute of Real Estate Management, Inter- Star’’). national Council of Shopping Centers, John- man has suggested. It is bipartisan. It helps to solve a problem we have right Hon. RON WYDEN, son Controls, Inc., Jones Lang LaSalle, LBA Chair, Committee on Energy & Natural Re- Realty, LonMark International, Metrus En- now, and I applaud Senator BENNET sources, U.S. Senate. ergy, Inc., NAIOP, the Commercial Real Es- who spoke earlier, and also Senator Hon. AL FRANKEN, tate Development Association, National AYOTTE from New Hampshire, who has Chair, Subcommittee on Energy, U.S. Senate. Apartment Association, National Associa- joined with him to take a lead on this. Hon. MICHAEL BENNET, tion of Energy Service Companies They have worked with us. They have, U.S. Senate. (NAESCO), National Association of Home again, by this amendment, I believe, Hon. LISA MURKOWSKI, Builders, National Association of Real Es- offered a good opportunity to improve Ranking Member, Committee on Energy & Nat- tate Investment Trusts, National Associa- tion of REALTORS®, National Association of the underlying legislation. I think it is ural Resources,U.S. Senate. consistent with the underlying legisla- Hon. JIM RISCH, State Energy Officials, National Electrical Ranking Member, Subcommittee on Energy, U.S. Manufacturers Association, National Fen- tion. Senate. estration Rating Council (NFRC), National By the way, it is an amendment that Hon. KELLY AYOTTE, Multi Housing Council, Natural Resources makes sense because there is right now U.S. Senate. Defense Council. a disconnect between those who own DEAR SENATORS: We represent real estate OpenADR Alliance, Plumbing-Heating- commercial buildings and those who owners, developers, building managers, en- Cooling Contractors—National Association, are tenants in those buildings. We have ergy service companies, efficiency financing Prologis, Inc., Real Estate Board of New heard this around the country as we sources, environmental and efficiency advo- York, Related Companies, Rising Realty Partners, Rudin Management Company, Inc., have talked about efficiency. It kind of cates, and other stakeholders who support gets the landlords and the tenants in market-based solutions to lower energy con- Sheet Metal and Air Conditioning Contrac- sumption in our built environment. As the tors National Association, Inc., Shorenstein sync with lowering energy costs. It is Senate considers energy legislation, we sup- Properties LLC, Sierra Club, Spray Poly- market driven. It is nonregulatory. It port proposals that encourage cooperation urethane Foam Alliance (SPFA), SUN DAY takes a ‘‘best practices’’ approach to by landlords and tenants in our nation’s Campaign, The Real Estate Roundtable, The address this issue. commercial buildings to save energy as Stella Group, Ltd., Tishman Speyer, Owners and managers of large com- leased spaces in these structures are de- Transwestern, U.S. Green Building Council, mercial buildings report that their ten- signed, constructed, used, and occupied. USAA Real Estate Co., Vinyl Siding Insti- ants consume over 50 percent of the tute, Vornado Realty Trust. We thus commend Senators Bennet and total energy in the structure, but again Ayotte for introducing S. 1191, the ‘‘Better Mr. WYDEN. Mr. President, I am there is this disconnect because owners Buildings Act of 2013.’’ The act takes a mar- going to stay here to see if other col- ket-driven, voluntary, ‘‘best practices’’ ap- lease the space, but they do not pay leagues would like to bring over their the bills; therefore, there is often no proach to align building owners and their amendments. As I indicated in opening tenants to reduce demands on the energy motivation to cut energy costs by grid. As this proposal fits within existing comments a couple hours ago, I think making the space more efficient. The voluntary programs, it has no regulatory im- there are at least a dozen good amend- owners do not have that incentive. The pact and does not require new appropria- ments here—amendments that are tenants do. They pay the bills. But tions. going to be good for American produc- they often have very limited choices in To date, bills addressing energy efficiency tivity, they are going to create good- the design or the operation of the en- have focused on how real estate owners and paying, high-skill jobs, and they are ergy-consuming aspects of the struc- developers may lower energy consumption at going to be winners for the environ- the ‘‘whole-building’’ level. But in fact, own- ture they lease. ers and managers of large buildings control ment. That is a trifecta of valuable This is an attempt to address that only about 50% of their structures’ total en- concerns being addressed with one issue, and I think it is a smart realistic ergy; tenants consume at least half. The Bet- piece of legislation, being done in a bi- approach. It encourages tenants to ter Buildings Act takes a holistic approach partisan way. make structural investments when by considering office tenants’ impact on en- I know the popular wisdom is you they enter into new leases or renew ex- ergy consumption and behaviors. Notably, cannot thread the needle on legislation isting leases. The act asks the Depart- the act brings the voluntary ENERGY STAR and that even on something such as en- ment of Energy to study and learn rating for whole-buildings to the next level ergy efficiency, these folks are going to from private sector ‘‘best practices’’ to by authorizing a ‘‘Tenant Star’’ program to try to see if they can get their bipar- certify leased spaces in buildings as energy achieve high-performance, cost-effec- efficient. Considering the overwhelming suc- tisan amendments passed, but at the tive measures with viable payback pe- cess and private sector acceptance of EN- end of the day, the forces who want to riods on efficiency. ERGY STAR for buildings—which are lo- block legislation, because they care It also builds on the success of the cated in all 50 states, represent billions of about a particular issue, are too voluntary ENERGY STAR Program

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.045 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6363 that a lot of folks are familiar with and This is an amendment Senator Mrs. SHAHEEN. Thank you, Mr. kind of moves ENERGY STAR into the HOEVEN and I have submitted together. President. tenant space, creating a tenant-ori- I will describe it to you because I think I want to commend Senator KLO- ented certification called Tenant Star it is such a good amendment. We want BUCHAR on her efforts. This is another for leased spaces, again, with the goal to make sure we get moving on this one of the great bipartisan amend- of transforming the way building own- very important bill that I support, as ments that has been worked on to add ers and their tenants think about en- well as these amendments. to this energy efficiency legislation. It ergy. The Nonprofit Energy Efficiency Act shows how great the opportunity is for By the way, this legislation is sup- would provide assistance to nonprofit this legislation to provide for savings ported by the Real Estate Roundtable, organizations to help make the build- for people, to get people engaged in the a group that has looked at this under- ings they own and operate more energy idea of how much energy they are lying legislation, this amendment, and efficient. using and what the costs of that energy thinks this helps them to accomplish Nonprofit organizations are the heart are, and also what the environmental some of their goals in energy effi- of our country and serve millions of benefits and the benefits to consumers ciency. It is also supported by the Res- Americans every day. Nonprofits in- and the benefits to our national secu- taurant Association, the National As- clude hospitals, schools, houses of wor- rity are in encouraging energy effi- sociation of Manufacturers, and others. ship—particularly supportive of this ciency. So I want to commend her and So this better buildings amendment amendment—and youth centers. They thank her for all of her efforts, and we face the choice of making facility im- Senator AYOTTE and Senator BENNET will continue to have this discussion on provements or serving more people, have offered I think is strong. I wish the floor as we wait for some kind of an which is also difficult for them. they could have actually taken the That choice is clear for so many or- agreement from Senator VITTER. Thank you. amendment today off the calendar and ganizations. Nonprofits often operate The PRESIDING OFFICER. The Sen- actually been able to technically offer in older, less efficient buildings, and ator from Oregon. it. But we did have a good debate on it, because of their nonprofit status, they Mr. WYDEN. Mr. President, I am and I am hoping soon we will be able to cannot participate in energy efficiency very hopeful that when we get a chance resolve these other issues and be able programs despite the financial benefits to vote on this amendment the Senate to move forward with an actual vote on of energy efficiency retrofits and other accepts it. I want to put it in the con- this because this is a classical example improvements. of where we can come together as Re- This amendment is about allowing text of where we are, because we are publicans and Democrats, finding com- the Department of Energy to make seeing this pattern of Senators—and I mon ground on how to have a true ‘‘all grants of up to $200,000 for energy effi- was in North Dakota for Senator of the above’’ energy strategy, not just ciency projects over the next 5 years. HOEVEN a few days ago. We were listen- produce more energy, which I strongly The amendment requires a 50-percent ing to constituents, I am sure very support, but also use the energy we cost share and includes provisions to similar to the kinds of concerns re- have more efficiently. ensure that the projects achieve sig- flected by folks in Minnesota. They all Since buildings are about 40 percent nificant amounts of energy savings and were saying: Go back there in Sep- of energy usage, this is very smart leg- are done in a cost-effective manner. tember and focus on real problems and islation, building on the other amend- This amendment, the Klobuchar- come up with real solutions. We have ments we heard about today—on using Hoeven amendment, is fully offset. I seen all of this bickering. We have seen geothermal, being sure it is part of re- appreciate the work of the committee all of this quarreling. What we want to newable energy; ensuring that our and the committee staff on this amend- see is on the concerns that most affect schools have the best information to be ment. us: our pocketbook, our environment, able to become more energy efficient; I urge my colleagues to support the in this case national security. and other amendments. Again, I count Nonprofit Energy Efficiency Act Senator SHAHEEN made an excellent about a dozen of them here that are bi- amendment. point several hours ago when she point- partisan amendments that we hope to Before I yield the floor, I again want ed out that with the backdrop of Syria have on the floor as part of this under- to thank Senator SHAHEEN and Senator and national security issues, if there lying bill to help create more jobs, PORTMAN for their tireless efforts to ever was a time while we wait for the have a cleaner environment, make us move this important legislation for- next step in this debate to look at an- ward. I believe energy efficiency is an less dependent on foreign oil, and move other issue, energy and energy effi- area we can all agree is good for the forward on this important leg of our ciency would be a logical one, because economy, it is good for consumers, and national energy strategy. we all understand how inextricably it is an issue where we can find com- With that, I yield back my time. linked national security and energy se- mon ground, as you can see by the The PRESIDING OFFICER. The sen- curity are. amendment I have done with Senator ior Senator from Minnesota is recog- So, now, after we have had the HOEVEN. nized. thoughtful Inhofe-Carper amendment Senator HOEVEN from North Dakota Ms. KLOBUCHAR. Mr. President, I on thermal power, we had the Udall- knows a little bit about producing en- Collins amendment in terms of school ask unanimous consent that the pend- ergy with their oil production, natural retrofits, we had the Bennet-Ayotte ing amendment be set aside, and I call gas production, the biofuel production amendment which deals with commer- up my amendment No. 1856. they share with Minnesota. We are cial buildings, which comprise almost The PRESIDING OFFICER. Is there some of the top biofuel producers in half of the energy used in America, we objection? the country. But in our States we also Mr. PORTMAN. Mr. President, I ob- believe in conserving energy and in en- now have a very good bipartisan ject on behalf of my colleague who has ergy efficiency. We believe this bill is a amendment brought to the floor of the an arrangement with the majority staff good bill and also that this amendment Senate by the senior Senator from on this on the basis of his interest in is a very good addition to the bill, as it Minnesota, Senator KLOBUCHAR, and objecting until he gets a unanimous allows nonprofits, such as places of Senator HOEVEN. consent agreement that I think is worship, to also share in the energy ef- There are literally hundreds of thou- being worked on. ficiency program, and they are very in- sands of museums in this country, The PRESIDING OFFICER. Objec- terested in moving ahead with this houses of worship, youth organizations. tion is heard. amendment. All of these programs are looking at Ms. KLOBUCHAR. Mr. President, I So I thank you. I thank the authors, ways in which they can save energy. would still like to talk about this and I thank the chair and the ranking The reality is lots of the tools are not amendment. And I want to thank both member of the committee. available to them because they are tax Senator WYDEN for working with us on I yield the floor. exempt. So what we have here is a pilot this amendment and also Senator MUR- The PRESIDING OFFICER. The sen- project. Let me kind of underline. Ev- KOWSKI for working with us on this ior Senator from New Hampshire is erybody talks about big programs and amendment. I appreciate their support. recognized. their ‘‘one size fits all,’’ they are ‘‘run

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.046 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6364 CONGRESSIONAL RECORD — SENATE September 11, 2013 from Washington’’ and it is kind of one fort we did not cover in the legislation, But when you think about some of the dastardly plot after another from the which is these nongovernmental orga- struggles our nonprofits are currently Federal Government. nizations that own buildings, where facing right now, as they are seeing de- The Senator from North Dakota and they do not have the ability to get the clining budgets, Federal, local, State the Senator from Minnesota come and kind of market-based support that is in levels, they are looking to squeeze as say they want to have a pilot project, our legislation. much as they can out of every dollar. a pilot project to award grants of up to This is faith-based organizations, but So when you have proposals such as we $200,000, with a match by the Federal it is also Boys and Girls Clubs, and it is have here with pilot programs to award Government, to make efficiency im- all kinds of different groups that are these grants of up to $200,000 to help provements to these buildings and interested in doing efficiency retrofits. make these efficiency improvements to these houses of worship, museums, all They need a little help. This gives their buildings, this is significant stuff, of these institutions that every Mem- them a match. if you will. This translates into real ber of the Senate cares a great deal Significantly, what maybe we have dollars, allowing them to do what it is about. not focused on earlier is the fact it is they are providing so much better, I was especially appreciative, because paid for. So we are not talking about whether it is Boys and Girls Clubs at a Senator KLOBUCHAR and Senator any impact on the deficit. It is deficit clubhouse, the ability to perhaps have HOEVEN were supportive of some of the neutral because they went out of their other facilities, whether it is your ideas Senator MURKOWSKI and I had to way to try to find good ways to reduce church facilities, your faith-based or- revise this. This is a good amendment. spending at the Department of Energy ganization, the outreach and all they This is already the fourth in the queue to have the offsets. are able to do and those they are able of thoughtful, commonsense, low-cost Having a local match is important to serve. It is all made better when you proposals that have come to the floor because that gets the local buy-in. I do not have to spend as much for your of the Senate. think that is important, that it be a energy costs to meet your energy de- I hope my colleagues will shortly full match. But it also does give them mands. So it does seem somewhat com- give us the opportunity to get to this access to some of this expertise we mon sense. It does seem rational and bill. This is the Senate. Senators like talked about earlier to be able to have reasonable. to address a variety of issues. But the more energy efficiency and also ulti- Good heavens, what are we doing reality is, while we had a very good hy- mately to save energy in this country here on the floor of the Senate pro- dropower bill passed right before the but also save money for those non- moting something that is rational and August recess, 60,000 megawatts of hy- profit organizations. So I commend my reasonable and common sense? We need dropower, responsible for 60 percent of colleagues, Senator KLOBUCHAR and to do more of this. This is a good the clean energy in the country, this Senator HOEVEN. Senator HOEVEN amendment and joins several other bill is the first major piece of energy wants to come over and speak on this good amendments we are seeing as we legislation on the floor of the Senate legislation. He is tied up right now but look to the numerous amendments we since 2007. That is light years ago in hopes to come over later. Certainly talked to colleagues about and that we terms of the dramatic changes we have when it is actually offered and brought are anticipating will be up here in the made in so many reforms in other up on the floor he will have a chance to next several hours. areas. talk about it as well. I do hope folks realize that what has For example, I saw in North Dakota I commend him and commend his been put together by the sponsors of over this weekend dramatic changes in colleague from Minnesota for again of- this bill, the Senator from Ohio, the terms of natural gas policies. We have fering another bipartisan amendment Senator from New Hampshire, is wor- a host of issues to talk about there. We on top of the geothermal amendment, thy of our consideration, not only on are ready to go on energy efficiency. So the schools amendment, the amend- these amendments, but, again, the I am very appreciative to the Senator ment to encourage tenants to be more fuller spectrum of how we are more from Minnesota who has been working energy efficient, and now we have this wise in our energy consumption, how with the Senator from North Dakota. amendment on nonprofits that own we are better stewards of that which I would like to see somebody explain buildings that want to do the efficiency we have when it comes to energy and to houses of worship and museums and retrofits. I appreciate them working our energy resources. So I will throw youth organizations why it does not with us to find offsets and being sure it the bouquet to those who have got us make sense to start a pilot project so does not add to the deficit and that it to this point. they can squeeze more value out of the is a responsible approach on the fiscal I see the Senator from Wyoming has scarce dollars they have for running side as well. joined us. their incredibly valuable programs. I I yield the floor. I yield the floor. do not think any Member of the Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ate, Democrat or Republican, can make ator from Alaska. ator from Wyoming. the case that that makes any sense. I Ms. MURKOWSKI. Mr. President, I Mr. ENZI. Mr. President, I filed an appreciate the Senator from Minnesota cannot help but join the bouquet toss- amendment to S. 1392 that will prevent coming over. I am prepared to stay ing that is going on here today, about the Environmental Protection Agency here until all hours so Senators who not only the amendment Senator from a massive regulatory overreach. are willing to do what we heard all HOEVEN and Senator KLOBUCHAR have It has been cosponsored by Senators summer the American people want us introduced as it relates to our non- BARRASSO and FLAKE. to do, which is to address real issues, profits, but again the other measures My amendment is simple and do it in a bipartisan way. I hope other that have been brought up for discus- straightforward. It promotes the right Senators will come over and approach sion here this afternoon—geothermal, of a State to deal with its own prob- this the way the Senator from Min- school efficiency. It really does drive lems. It returns the regulation of re- nesota and the Senator from North Da- us to the point of this energy efficiency gional haze to where it properly be- kota have done. legislation, how it is not just in one longs, in the hands of State officials I thank my colleague. section or sector, it is economywide. It who are more familiar with the prob- I yield the floor. is all aspects of our lives. lem and the best ways to address it. The PRESIDING OFFICER. The Sen- If we focus on how we live from day I hope my colleagues will support my ator from Ohio. to day, the things that are important effort. Mr. PORTMAN. Mr. President, I to us, we can incorporate greater effi- The Environmental Protection Agen- think the chairman outlined it well. ciency into all aspects of it and we are cy’s move to partially disapprove the This is a thoughtful amendment to the better off, whether it is through our State of Wyoming regional haze plan underlying bill. Senator SHAHEEN and I schools, our businesses, our govern- will create an economic and bureau- are delighted to accept it and support ment buildings, or through those non- cratic nightmare that will have a dev- it, but also to say this sort of fits a profits I think we all recognize give so astating impact on western economies. part of the overall energy efficiency ef- much enrichment to our general lives. The proposal by EPA ignores more

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.053 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6365 than a decade’s worth of work on this technology, and it won’t meet the new Shaheen-Portman bill, the energy effi- subject by officials in my home State requirements they wish to put on it. ciency bill, and I note that the lead and seems to be more designed to regu- Again, those costs would be passed on sponsor of the bill, Senator SHAHEEN of late coal out of existence than to regu- to the consumers in the form of higher New Hampshire, as well as the ranking late haze. The haze we most need to energy prices. Every family knows that member of the energy committee, Sen- regulate, in fact, seems to be the one when the price of energy goes up, it is ator MURKOWSKI, are both here. I have that is clouding the vision of the EPA, their economic security, as well as been cleared by them to take a minute as it promotes a plan that imposes on- their hopes and dreams for the future, on the floor right now and talk about erous regulations on powerplants, that that is threatened and all too often dean amendment I would like to have of- will, in turn, pass those increased costs stroyed. fered and voted on and added to this in the form of higher energy prices on The EPA’s determination to take bill. We call it the pay for success to consumers. such an approach would be understand- amendment. It is amendment No. 1852. That tells me the EPA’s purpose is to able if it would create better results What this amendment would do is ensure no opportunity to impose its than the State plan. It doesn’t. It ad- something that is quite simple and chosen agenda on the Nation is wasted. mits that. One billion dollars in costs bombproof for taxpayers. Ultimately, It does not seem to matter to them and then millions more each year, and it would save money and save energy; that their proposed rule flies directly it isn’t going to give any better results that is, for the properties managed by in the face of the States’ traditional than what the State plan is? What the Department of Housing and Urban and legal role in addressing air quality sense does that make? This is another Development, if they do not have the issues. reason why it makes no sense for the capital to go back into that property When Congress passed the 1977 EPA to overstep its authority under and do retrofits and install efficiency amendments to the Clean Air Act to the Clean Air Act to force Wyoming to measures that will bring down their regulate regional haze, it very clearly comply with an all-too-costly plan that cost of electricity, this amendment gave the States the lead authority. in the end will provide the people of would allow them to contract with the Now the EPA has tossed them in the Wyoming with no real benefits. Again, private sector to bring in private cap- back seat and grabbed the steering it is $1 billion up front, millions a year, ital to achieve those energy savings. There are significant restrictions in wheel to head this effort in its own pre- and no real benefits. here that will protect taxpayers. Any viously determined direction. The plan doesn’t even take into ac- money that goes back to these inves- That is not the kind of teamwork and count other sources of haze in the tors comes out of energy savings and cooperation Congress intended. The State, such as wildfires. We have those only out of energy savings. If some- goal of regulating regional haze is to every year. They are a problem on Wy- thing goes wrong and the energy sav- improve visibility in our national oming’s plains and mountains. They ings don’t materialize, the investors parks and wilderness areas. The stated are a major cause of haze in my home legislative purpose for the authority is lose. The taxpayers and the govern- State. It makes no sense for the EPA ment are held harmless. purely for aesthetic value and not to to draft a plan that fails to take into Thanks to an amendment by Senator regulate public health. Most impor- consideration one of the biggest nat- COBURN of Oklahoma, as we were draft- tantly, the EPA should not be using ural causes of the very problem they ing the amendment, we have even spe- regulations to pick winners and losers are supposed to be solving. cifically exempted the administrative in our national energy market. This is This is one that can be solved. The costs of HUD in administering the leg- a State issue. Congress recognized that State of Wyoming has spent over a dec- islation. Those have to be paid before States should know how to determine ade producing a plan that is reason- the investors take their profits. But what the best regulatory approach able, productive, cost-effective, and fo- once the investors are paid back, there would be to find and implement a solu- cused on the problem. The EPA has is now a more efficient building and tion to the problem. taken an unnecessary and unreason- savings for taxpayers over the long The courts reaffirmed this position able approach that violates the legisla- haul. by ruling in favor of the State’s pri- tively granted job of State regulators In addition, the result is a reduction macy on regional haze several times. to address this issue. We cannot afford of our energy footprint, increases our Unfortunately, that is not what hap- to increase the cost of energy to fami- energy independence, and reduces the pened in this case. The EPA ignored all lies, schools, and vital public services contribution of ill effects, such as pol- of the clear precedents and instead by implementing an EPA plan that lution and climate change, by HUD handed a top-down approach that ig- won’t adequately address the issue of buildings. nored the will and expertise of the regional haze. Again, there will be no Now is not the time to call it up—we State of Wyoming. noticeable effect—$1 billion up front, are at too early a stage in the pro- This inexplicable position flies in the millions each year, and no noticeable ceedings—but I did want to take a mo- face of the strong and commonsense effect. What sense does that make? ment to urge my colleagues to support approach of the State of Wyoming to I know my colleagues will see the im- this amendment. We discussed it at addressing regional haze in a reason- portance of this matter and support my length with Senator COLLINS of Maine able and cost-effective manner. The amendment that will stop the EPA in when we were trying to add it to the EPA’s approach would be much more its tracks and end its interference with Transportation and HUD appropria- costly, and it would have a tremendous Wyoming’s efforts to address this very tions bill, and I believe we have worked impact on the economy and quality of issue. It only makes sense to me that through issues presented by her office life not only in Wyoming but in the Wyoming’s plan, which results from a and issues presented by Senator neighboring States as well. Clearly, we more than 10-year effort, be given a COBURN. If anybody else has any con- can’t allow this to happen. chance to work. It is not only fair, it is cerns, we look forward to hearing from Preliminary estimates by the State the right thing to do. them, but I think this is a bombproof of Wyoming show that the best avail- I yield the floor, and I suggest the ab- piece of legislation, from the taxable retrofit technologies and long- sence of a quorum. payers’ point of view. It opens up a term strategies under the proposed rule The PRESIDING OFFICER. The niche for private capital to come in and would cost well over $1 billion—plus clerk will call the roll. earn a return on their investment by millions more every year in additional The legislative clerk proceeded to capitalizing on the opportunity we operational costs that gets passed on call the roll. have for energy savings in these build- to the consumer. Mr. WHITEHOUSE. I ask unanimous ings. I mentioned that Cheyenne needed consent that the order for the quorum With that, I yield the floor and look some additional powerplants. They call be rescinded. forward to a future opportunity to dis- went out and found the best natural The PRESIDING OFFICER. Without cuss the amendment further and, with gas technology available and then objection, it is so ordered. any luck, call it up for a positive vote. found it wouldn’t meet the new re- Mr. WHITEHOUSE. Mr. President, I I thank Senator SHAHEEN and yield the quirements. This is the best worldwide am here on what we are calling the floor.

VerDate Mar 15 2010 01:32 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.054 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6366 CONGRESSIONAL RECORD — SENATE September 11, 2013 The PRESIDING OFFICER. The Sen- I will again yield the floor. comprehensive, voluntary third-party ator from New Hampshire. VOLUNTARY CERTIFICATION testing program. At a time of record Mrs. SHAHEEN. Before the Senator Mr. SESSIONS. Mr. President, today debt and deficits, this government from Rhode Island leaves, I wanted to I wish to discuss the Sessions-Pryor needs to consider every option for mak- commend him for this effort. I think it Amendment No. 1879 to S. 1392, the En- ing government lean and fiscally re- is a great proposal. I haven’t had a ergy Savings and Industrial Competi- sponsible. We have been informed by chance to look at all the details, so I tiveness Act. I would like to recognize the Congressional Budget Office that look forward to that, but using per- the excellent work of my friend, the our amendment does not impact the formance contracting to provide for senior Senator from Arkansas, Mr. deficit. savings on energy costs is a very effec- PRYOR, who is an original co-sponsor of Second, the amendment reduces reg- tive way to address the upfront costs this amendment, and I would ask him ulatory burdens on American manufac- for these kinds of retrofits. for permission to engage in a brief col- turers. We need to do all we can to help As the Senator points out, the person loquy concerning our amendment. make U.S. manufacturing more com- who is doing the contracting—the pri- Mr. PRYOR. I would welcome an ex- petitive on the world stage. Our vate company—is assuming the burden change for the RECORD. amendment promotes domestic manu- of those costs. Yet the benefits are Mr. SESSIONS. I thank my colleague facturing and competiveness. going to taxpayers. Ultimately, the for his willingness to discuss this Third, our amendment increases contractor that does the retrofits is amendment. I would ask my colleague, DOE’s enforcement capabilities to en- also going to benefit over the long what is the purpose of our amendment? sure that a greater number of products Mr. PRYOR. I thank the Senator term, and those savings will keep com- are verified every year. This will help from Alabama for his question. In an ing back year after year. So once the achieve the kinds of energy efficiency effort to encourage energy efficiency initial cost is paid off, taxpayers will improvements the law was intended to compliance, reduce regulatory burdens, continue to get those savings year achieve. So I think this amendment and save taxpayer dollars, the Ses- after year. should garner the support of this body. As Governor, we started retrofitting sions-Pryor amendment would require I recently received a letter from State buildings exactly this way, and it the Department of Energy to recognize Rheem Manufacturing Company, which saved the taxpayers of New Hampshire voluntary certification programs for has a large manufacturing facility in hundreds of thousands of dollars a air conditioning, furnace, boiler, heat Montgomery, AL that employs over year—it is still saving them that—and pump, and water heater products. Fed- 1,000 people and manufactures heating also thousands of pounds of pollution eral law requires these heating, cool- and cooling products in Fort Smith, because, as we know, 40 percent of our ing, and water heater products to com- AR. The Rheem letter expresses sup- energy is used by buildings. So if we ply with a complex set of Federal en- port for our amendment and explains save on that energy use in buildings, ergy conservation and efficiency stand- that it ‘‘will enhance our ability to then that saves not only on those ards. Similar specifications apply to sustain American manufacturing jobs costs, but it also saves on the pollution participants in the Energy Star pro- and competitiveness while conserving that comes from heating and cooling gram. The Energy Department cur- taxpayer resources and allowing fed- those buildings. rently spends millions of taxpayer dol- eral agencies to focus enforcement on So I commend the Senator for his ef- lars annually to conduct verification entities that do not voluntarily par- fort and I look forward to having a testing of these covered products. At ticipate in rigorous industry-led effi- chance to debate it on the floor and to the same time, U.S. manufacturers of ciency certification programs.’’ having a chance to review the proposal these covered products spend millions in greater detail. of dollars themselves to participate in I would, in turn, ask Senator PRYOR: Mr. WHITEHOUSE. I thank the Sen- comprehensive voluntary certification who else is supportive of this amend- ator from New Hampshire for those programs that use independent, third- ment? comments. I wish to commend her for party laboratories to ensure compli- Mr. PRYOR. I thank the Senator her leadership on this bill. This is a ance with applicable standards. Our from Alabama for his remarks. I would wonderful bill to have gotten to, and amendment would require the Energy answer his question by noting that a she and Senator PORTMAN have put in Department, when conducting routine broad coalition of industry, energy effi- an enormous amount of effort in get- testing to verify product ratings, to ciency, and environmental stake- ting us here. So that is immensely rely on data submitted through vol- holders are supportive of our amend- commendable. untary, independent certification pro- ment. As you referenced, employers in I would add something I omitted in grams that meet the robust list of cri- the State of Arkansas, your State of my remarks earlier because the Sen- teria set forth in the amendment. To Alabama, and around the country are ator from New Hampshire brought this qualify, the voluntary certification supportive. We are also pleased to have up in a private discussion we had on program must be (among other things) the support of the leadership of the the floor a moment ago; that is, how nationally-recognized, maintain a pub- Senate Energy Committee, Chairman does CBO—the Congressional Budget licly available list of certified models, WYDEN and Ranking Member MUR- Office—feel about this amendment. We and conduct verification testing on at KOWSKI. I am pleased that we have been have an e-mail from the Congressional least 20 percent of the product families able to work together on this amend- Budget Office saying this will not add using an ‘‘independent third-party test ment. to the deficit. It is deficit neutral. In laboratory.’’ The amendment would re- Mr. SESSIONS. I would ask Senator point of fact, it actually is viewed as quire the Energy Department to reduce PRYOR one additional question. One of negative—it shrinks the deficit in the regulatory burdens for manufacturers the purposes of this amendment is to long haul, but all we needed from them participating in a voluntary certifi- reduce the testing burden on manufac- was the assurance it was deficit neu- cation program, as well as require test- turers for a number of Federal govern- tral and they would treat it as deficit ing of products that are not covered by ment programs. For instance, manufac- neutral. a voluntary program. turers who utilize accredited, inde- As the Senator from New Hampshire So, I greatly appreciate the leader- pendent third parties for testing and very properly pointed out, the benefit ship of my colleague Senator SESSIONS certification should not be compelled of this isn’t just on the energy side or on this amendment. I would ask him: to undertake duplicative testing to on the pollution side. Somebody goes what are some of the policy reasons for demonstrate compliance with other in and installs the new energy effi- supporting our amendment? Federal programs so long as the test ciency equipment, installs the new Mr. SESSIONS. I thank the Senator methods used for evaluating product windows, insulates the roof, and does from Arkansas. Our amendment is performance are the same. Addition- whatever it is that will achieve these sound policy for at least three reasons. ally, this amendment does not intend savings and that is work and those are First, the amendment saves taxpayer to limit competition between private jobs and that is helpful to our econ- dollars by reducing redundant testing sector testing and certification pro- omy. of products when already covered by a grams, provided that accreditation and

VerDate Mar 15 2010 01:56 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.056 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6367 other legitimate government require- dents, and he could not stay at the In 1973 he was appointed to the board ments for recognizing such efforts are same hotels when his track team trav- of directors of the U.S. Olympic Com- clearly defined. Would you agree? eled or eat at the same restaurants as mittee, where he worked to ensure the Mr. PRYOR. Yes, I would agree with the White players on the team who best training and conditions for U.S. that characterization. traveled with him. But he achieved athletes. He lent his skill and his tal- Mr. SESSIONS. I thank Senator global fame and heroism status because ents to various charitable groups, nota- PRYOR for his work on this issue. of what he did in the 1936 Olympics in bly the Boys Club of America. Mr. BROWN. I ask unanimous con- Berlin. In 1976 Jesse Owens finally received sent to speak as if in morning business While a hateful regime in Germany the Presidential recognition he de- for up to 10 minutes. hoped to use the Olympics to promote served. He was presented with the Pres- The PRESIDING OFFICER (Mr. the Aryan race and promulgate a idential Medal of Freedom from Presi- BLUMENTHAL). Without objection, it is wrongheaded, dangerous, and inher- dent Ford. so ordered. ently racist belief in the superiority of Jesse Owens was a pioneer. Despite HONORING THE LIFE OF JESSE OWENS that race, Jesse Owens turned this the- facing adversity, he had the strength of Mr. BROWN. Mr. President, I rise to ory on its head. He won four gold med- mind and the discipline, common to al- honor the memory of Jesse Owens, an als in Berlin, and he set world records most all great athletes, to become the Olympic recordbreaker and pioneer on in three events while tying for a world most elite of athletes. Despite being the track and off the track, who was record in a fourth event. He showed treated differently and shamefully born 100 years ago tomorrow. that talent and sportsmanship tran- from other athletes of his stature, he Born in Alabama as the youngest of scend race, and he embarrassed an evil went on to shatter records. Despite the 10 children, James Cleveland Owens dictator who hoped to manipulate the darkest of days globally, he did his moved with his family to Cleveland, Olympic Games to further his political part, standing up to fascism, dispelling OH, at the age of 9. Leaving the South agenda. racism, and promoting unity. during the great migration of those Interestingly, Adolph Hitler refused Tomorrow we celebrate the 100th several decades between 1910 and 1970, to shake hands with Jesse Owens when birthday of a hero to all Americans, Jesse’s family came north seeking eco- he won one of those events. The Inter- James Cleveland ‘‘Jesse’’ Owens. I yield the floor. nomic opportunity and greater per- national Olympic Committee told the I suggest the absence of a quorum. sonal freedom. His father left his work German Government that Hitler must The PRESIDING OFFICER. The as a sharecropper in the South—some- either shake hands with all the winners clerk will call the roll. thing difficult to do because so often or none of the winners. The story goes The assistant legislative clerk pro- the landowner held those sharecroppers that Hitler refused to come back and ceeded to call the roll. by holding real or imagined debt over observe the Olympics—again, a testa- Mrs. SHAHEEN. Mr. President, I ask their heads—and found a job in the ment to the heroism, courage, and dis- unanimous consent that the quorum steel industry in Cleveland, OH. cipline of James Cleveland ‘‘Jesse’’ call be rescinded. James Cleveland Owens enrolled in Owens. The PRESIDING OFFICER. Without Bolton Elementary School on the east Despite these achievements—and the objection, it is so ordered. side of Cleveland. Because of his strong Rose Garden and Oval Office greetings f southern accent, when the teacher that today’s Olympians are accustomed asked his name and he said J.C., the to—Jesse Owens never received con- MORNING BUSINESS teacher misheard it and started calling gratulations or recognition by Presi- Mrs. SHAHEEN. Mr. President, I ask him Jesse—a name that stuck. dent Roosevelt or President Truman. It unanimous consent that the Senate be While in junior high, he met Charles was only during the presidency of in a period of morning business until 7 Riley, who taught physical education Dwight Eisenhower, beginning to be a p.m., with Senators permitted to speak and coached the track team. Charles different time in race relations in this therein for up to 10 minutes each. Riley nurtured Jesse’s obvious talent, country, that a President of the United The PRESIDING OFFICER. Without helping him to grow stronger athlet- States actually recognized Jesse objection, it is so ordered. ically and to set long-term goals that Owens’ achievements. Mrs. SHAHEEN. Mr. President, I sug- served him well as he went on to Cleve- He was, by most measures, the best gest the absence of a quorum. land East Technical School. athlete in the world, but he returned to The PRESIDING OFFICER. The In 1927, my hometown of Mansfield, the United States of America a Black clerk will call the roll. The assistant legislative clerk pro- OH started hosting the storied Mans- man in the 1930s to face economic chal- ceeded to call the roll. field Relays—maybe the biggest in the lenges and racial discrimination that Ms. COLLINS. Mr. President, I ask country—a sporting event that drew are far too familiar to far too many unanimous consent that the order for athletes from six States and Canada. I Americans. But he continued to travel the quorum call be rescinded. remember in the 1960s my family and inspire athletes and fans across the The PRESIDING OFFICER. Without hosting many of the athletes who came globe. I had the honor of meeting Jesse objection, it is so ordered. to our town to compete. Owens when he was the speaker at my Ms. COLLINS. I ask unanimous con- Obviously prior to my parents doing brother Bob’s high school graduation sent that I be permitted to proceed as that, among these many promising in 1965, when I was 12 years old. in morning business for up to 25 min- athletes none shone brighter than the Jesse Owens worked alongside the utes. sprinter from an hour up north. At the State Department to promote good will The PRESIDING OFFICER. Without Mansfield Relays, Jesse Owens sharp- in Asia, and worked in 1950 to promote objection, it is so ordered. democracy abroad as part of a Cold ened his focus and won the 1932 and 1933 f relays for East Tech, setting records War effort. that lasted into my childhood in the Think about that. A Black man who SYRIA 1960s and 1970s. is the best athlete in the world, was a Ms. COLLINS. Mr. President, the de- He later went on to attend the Ohio hero to large numbers of Americans— cision on whether to authorize the State University, where he was known Black and White—in 1936, standing up President of the United States to use as the Buckeye Bullet, winning a in many ways against the Fascist ma- the military might of our great Nation record eight individual NCAA cham- chine of Adolph Hitler, not being recog- against another country is the most pionships. The story goes that at the nized by a President of the United significant vote a Senator can cast. Big 10 track meet 1 year in Ann Arbor, States who was winning a war against The Constitution vests this responsi- MI, while competing in a 45-minute pe- Hitler ultimately. Yet he went out 5 bility in Congress—a duty that rests riod, Jesse Owens set 3 world records. years later after that war to promote heavily on the shoulders of each and We are used to seeing college ath- democracy abroad as part of a Cold every Member. letes who are revered today. But in his War effort, still proud of his country, We are now engaged in a serious de- day, Owens could not live on campus still knowing our country had work to bate about what the appropriate re- due to a lack of housing for Black stu- do. sponse should be to the horrific use of

VerDate Mar 15 2010 01:56 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.057 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6368 CONGRESSIONAL RECORD — SENATE September 11, 2013 chemical weapons by the regime of escalate to the point where we are per- According to the President, the pur- Syrian President Asad who killed his ceived to be, or actually are, involved pose of his more narrow objective is to own people using chemical weapons on in a Syrian civil war or a proxy war deliver a calculated message to con- August 21. This was not the first use of with Hezbollah or Iran. vince Asad not to use his remaining chemical weapons by President Asad. In this complex conflict, it is also be- chemical weapons and delivery systems He launched several smaller scale at- coming increasingly difficult to sort ever again. But would such a strike be tacks, murdering his citizens, and, no- out the good guys from the bad. There effective in preventing Asad from using tably, many, if not all, of those attacks is no doubt that Asad is a brutal, ruth- these weapons again on a small scale occurred after the President drew his less dictator who murders his own citi- after he has absorbed the strike just to redline a year ago. But it was not until zens and who is supported by thousands deliver his own message that he retains the large-scale August 21 attack of this of Hezbollah terrorist fighters. The op- the capability to do so? Asad would re- year, which resulted in the deaths of position, however, is not pure. It has tain a sufficient quantity of chemical approximately 1,400 people, that Presi- now been infiltrated by not one but weapons, and he knows that we did not dent Obama decided a military strike two affiliates of Al Qaeda as well as by respond to smaller chemical weapons against Syria was warranted. The fact criminal gangs. Caught in the middle attacks that he undertook before the is Asad violated the international con- are millions of Syrians who simply August 21, 2013, event. vention prohibiting the use of chemical want to lead peaceful lives. The tragic So on the one hand, the President is weapons and crossed President result has been more than 100,000 peo- seeking to conduct a precision military Obama’s redline many times during the ple killed, 4 million displaced inter- strike that is sufficient to deter Asad past year. nally, and 2 million refugees. from using any chemical weapons Deciding whether to grant the Presi- We do not know how Asad or his al- again. On the other hand, he wants to dent this authority is a very difficult lies would respond to a U.S. military narrow the scope of a military strike decision. I have participated in numer- attack, but an asymmetric attack by so that Asad does not perceive this act ous discussions with the President, the Hezbollah aimed at one of our bases or of war as a threat to his regime. Yet Vice President, and experts in and out at other American interests abroad the President has previously stated of government. I have attended many certainly is one potential response. My that U.S. policy is the removal of Asad. classified briefings as a member of the concern is that reprisals, followed by While administration officials have Senate Select Committee on Intel- subsequent retaliations, followed by gone out of their way to state that the ligence, and I have carefully weighed still more reprisals could lead to an es- military strikes are only to deter and the assessments of the intelligence calation of violence which never was degrade Asad’s chemical weapons use community and military and State De- intended by the President but which and are not intended to pick sides in partment officials. My constituents may well be the result of the first the civil war, the text of the resolution have also provided me with valuable strike. before us is at odds with the adminis- insights that have helped to guide my I have raised this issue directly with tration’s representations. The text decision. After much deliberation and administration officials since the ‘‘one states that it is the policy of the thought, I have decided I cannot sup- and done’’ strike, as retired GEN Mi- United States to ‘‘change the momen- port the resolution that was approved chael Hayden puts it, may well not tum on the battlefield in Syria so as to by the Senate Foreign Relations Com- work. I have asked the administration create favorable conditions for a nego- mittee last week. what they would do if Asad waits until One of the criteria for the use of mili- tiated settlement that ends the con- the 91st day, when the authorization tary force is surely whether the adver- flict and leads to a democratic govern- for the use of military force expires, sary poses an imminent threat to the ment in Syria.’’ Well, no one could ever and then conducts an attack using American people. More than once consider the Asad dictatorship to be a President Obama has stated Syria’s chemical weapons that kills a much democratic government in Syria. chemical weapons and delivery systems smaller number of people. What will we Furthermore, on September 3 Sec- do not pose a direct imminent threat do then? In each case where I have retary of State John Kerry testified to the United States. Neither the raised this question, I have been told that ‘‘it is not insignificant that to de- United States nor any of our allies that we would likely launch another prive [Asad] of the capacity to use have been attacked with chemical military strike. chemical weapons or to degrade the ca- In addition to my concern about weapons. Instead, President Obama jus- pacity to use those chemical weapons being dragged into the Syrian civil tifies the attack he is proposing as a actually deprives him of a lethal weap- response to the violation of inter- war, I question whether the proposed on in this ongoing civil war, and that national norms, despite the fact that military response would be more effec- has an impact.’’ we currently lack international part- tive in achieving the goal of elimi- That is a very mixed message from ners to enforce the Convention on nating Asad’s stockpile of chemical this administration about the purpose Chemical Weapons through military weapons than a diplomatic approach of these strikes. means. would be. All of us want to see a peaceful Although the term ‘‘limited air Let’s be clear. The strikes proposed Syria, no longer led by Asad, nor con- strikes’’ sounds less threatening, the by the President would not eliminate trolled by the radical Islamic extrem- fact is even limited air strikes con- Asad’s chemical weapons, nor his ists who are part of his opposition. But stitute an act of war. If bombs were means of delivering them. In the Presi- is military action that could well get dropped from the air or cruise missiles dent’s own words, the purpose of these us involved in Syria’s civil war the were launched into an American city, strikes is ‘‘to degrade Asad’s capabili- right answer? we would certainly consider that to be ties to deliver chemical weapons.’’ In- When I think about the proper re- an act of war, and that is why this de- deed, you will not find any military or sponse to Asad’s abhorrent use of cision is fraught with consequences. intelligence official who believes that chemical weapons, I am mindful of the American military strikes against the strike contemplated by the admin- suffering and death that has occurred the Asad regime, in my judgment, risk istration would eliminate Syria’s as well as the international conven- entangling the United States in the chemical weapons stockpile or all of tions banning chemical weapons. Since middle of a protracted, dangerous, and the delivery systems. General Dempsey this is an international norm, however, ugly civil war. GEN Martin Dempsey, wrote to Armed Services Committee where are our international partners— the Chairman of the Joint Chiefs of Chairman CARL LEVIN that even if an the United Nations, NATO, the Arab Staff, has warned us that the use of explicit military mission to secure League? U.S. military force ‘‘cannot resolve the Syria’s chemical weapons were under- I have grave reservations about un- underlying and historic ethnic, reli- taken, it would result in the control of dertaking an act of war to enforce an gious, and tribal issues that are fueling ‘‘some, but not all’’ chemical weapons international convention without the this conflict.’’ in Syria, and that is not what is being international support we have pre- The introduction of American Armed discussed because that would undoubt- viously had when undertaking similar Forces into this violent conflict could edly involve boots on the ground. action in the past, such as in Kosovo,

VerDate Mar 15 2010 01:56 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.061 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6369 Afghanistan, and even Iraq. While yond that of just one statement by the Chief’s report, which is the signal to go NATO’s Secretary General has ex- President, even in his important capac- forward with the project for flood pro- pressed support for consequences, ity as Commander in Chief. The credi- tection or navigation or dredging under NATO’s North Atlantic Council, which bility of the United States is backed by the jurisdictions of the Corps of Engi- is the body that approves military ac- a military that is the most advanced neers. tion for NATO, has not approved this and capable in the world. The strength Unfortunately, for unexplained pub- military action. The Arab League has of our military sends the clear, unmis- lic reasons today, which we will find condemned with words the use of chem- takable message that the United out as soon as we can and report, the ical weapons, but there is yet to be any States is capable of exerting over- House of Representatives, the leader- Arab League statement that explicitly whelming force whenever we decide it ship, decided to drop probably the most endorses military action or promises to is the right thing to do and it is nec- important project in the bill for Lou- be engaged in that action. Even our essary to do so. It would be a mistake isiana, and that project is Morganza to ally who has been most supportive, for our adversaries to interpret a single the Gulf. The saddest part about all of France, has asked for a delay to allow vote regarding a military response to this, the House removing this project, the U.N. inspectors to deliver their re- Syria’s chemical weapons program as this project has already been author- port next week. having ramifications for our willing- ized three times in the last 15 years by Let me add that I believe that report ness to use force when our country or the Senate and twice by the House of early next week will verify that it was our allies face direct imminent threats, Representatives. the Asad regime that used sarin gas. especially with regard to the prolifera- The people who would be benefited by That is my expectation. tion of nuclear weapons and interconti- this project, about 200,000 people who A military strike may well enforce nental ballistic missile capabilities. live in south Louisiana, Lafourche Par- the international norm with respect to At the very least we have an obliga- ish and Terrebonne Parish, the same chemical weapons, but at the same tion to pursue all nonmilitary options area that was battered by Katrina, time it would weaken the international that may well be more effective in pre- Rita, Gustav, Ike, and the oilspill, the norm of limiting military action to in- venting the future use of Asad’s chem- same people who have suffered through stances of self-defense or those cases ical weapons than the military option flood after flood after flood, the same where we have the support of the inter- the President has proposed to under- people who have taxed themselves, got- national community or at least our al- take. ten $200 million of their own money to lies in NATO or the Arab League. For these reasons, should the author- build phase 1, have now been told no by In addressing this difficult and tragic ization for the use of military force ap- the House of Representatives. crisis in Syria, the administration ini- proved by the Senate Foreign Rela- For what reasons I cannot under- tially presented us with only two tions Committee come to the Senate stand. They have gone through all of choices: Take military action or make floor, I shall cast my vote in opposi- the processes required. They have wait- no response at all. I reject and have re- tion. ed in line, a line that should never have jected from the start the notion that My hope, however, is that the nego- been there because they were given a the United States has only two tiations underway with the Russians yes. But as the Presiding Officer choices—undertaking an act of war or will pave the way for the removal of knows, under the Corps of Engineers’ doing nothing in response to President chemical stockpiles from Syria and for rules, they can say yes to your project Asad’s attack on his citizens. There are their verified ultimate destruction. initially and then it takes so long to a variety of nonmilitary responses to That is the best outcome for this crisis. get to your project because we have a consider that may well be more effec- That would lead to a safer world. very inefficient system. If the esti- tive. The most promising of these op- The PRESIDING OFFICER. The Sen- mates then come in at 20 percent over tions, proposed by the Russians—one of ator from Louisiana. the original estimate, the law kicks Asad’s strongest allies—would place Ms. LANDRIEU. Mr. President, I un- you out and you have to start all over. Syria’s chemical weapons stockpile in derstand that Members can speak for So they started all over. That is the the custody of the international com- up to 10 minutes. tragedy of this action. We were furious munity before they would ultimately The PRESIDING OFFICER. The Sen- they had to start all over, but that was be destroyed. ator is correct. the law. So they did. They got a posi- I am not naive about ‘‘trusting’’ the f tive Chief’s report in June. Russians. My point is that this option The House of Representatives just ar- may well be in Russia’s own interests, WRDA bitrarily decides, even with a positive would be more effective in securing the Ms. LANDRIEU. Mr. President, I Chief’s report, they are taking stockpile of chemical weapons in would like to speak about an issue Morganza to the Gulf out of the bill. I Syria, and would involve the inter- completely separated from the inter- am calling on the Louisiana delegation national community. This diplomatic national concerns we all share because to stand, particularly members who are alternative would put Syria’s chemical closer to home there was an action in the study committee. I think we weapons under verified international taken today by the House of Represent- have a leader of that committee, Con- control and would once and for all pre- atives that has me extremely congressman STEVE SCALISE, who was my vent Asad or anyone else in Syria from cerned as the senior Senator from Lou- partner in the RESTORE Act and has using those weapons. A risk of attack- isiana and a leader in our delegation been a very able leader in our delega- ing Asad’s facilities is that the chem- and is an issue I have worked on lit- tion, to absolutely put their foot down ical weapons could fall into the hands erally since the first day I came to the on this WRDA bill moving any further of terrorist elements in the country. Senate now almost 17 years ago. in the House of Representatives until That risk would be eliminated if the Today, the House of Representatives, we can get justice for this project. weapons were removed completely unfortunately, in presenting their Our people are doing everything we from Syria. WRDA bill, which was a bill that was can to elevate our homes, to fight for One of the arguments advanced by negotiated at great length with great fair flood insurance, to tax ourselves to proponents of the authorization for the skill by Senator BARBARA BOXER, the build levees. We have traveled all over use of military force resolution is that chair of the committee of jurisdiction, the world to find the best engineers in America’s credibility is on the line. and the ranking member, Senator VIT- the Netherlands because we do not This is a legitimate concern. To be TER, who did an outstanding job for the seem to have enough engineers in sure, it was unfortunate that the Presi- country and for Louisiana, negotiated Washington who understand that you dent drew a line in the sand without quite skillfully a bill that was very bal- can live safely below sea level. Some- first having a well-vetted plan, con- anced. times you have to because that is sulting with Congress, and obtaining It contained no earmarks, as have where the ports are. We do not have the necessary support for doing so. I been eliminated by the majority of the the luxury of living on tops of moun- would maintain, however, that the Congress. It did give a green light for tains. We are running the Mississippi credibility of our great Nation is be- projects that had received a positive River. We are not running a ski lodge

VerDate Mar 15 2010 01:56 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.062 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6370 CONGRESSIONAL RECORD — SENATE September 11, 2013 in Vail. So our people have to live I am tired of begging for nickels and This is undermining our economic there. They are not living in mansions. dimes. So the House of Representatives strength and our international com- They are not living in condos. They are better put Morganza to the Gulf back petitiveness, besides being terribly un- living in fishing villages and fishing into that bill. No. 2, I have not read the fair to people who happen to live along camps and in very middle-class neigh- whole bill. I was just informed about it. the coast, which is 60 percent of our borhoods, trying to make a living for So I may have to take this back off the population. So I am just sending a lit- themselves, their families, their com- record. But I was told also what they tle warning signal to the House of Rep- munities and keep this country oper- did is say: We are not going to approve resentatives: There is no way, no way, ating. projects that had a Chief’s report after that this WRDA bill is going to go any- We are running the biggest oil and our committee meeting in June. Then where without the Morganza to the gas operations out of Houma, LA, the they put some language in that says Gulf in it. It is not happening. This is town the House of Representatives has something like: No project can go for- one of those sort of do or die kind of just literally made defenseless. They ward until they have a committee issues for the Louisiana delegation. have no levees. New Orleans now, after meeting of the House of Representa- We have waited 20 years for this Katrina, and Jefferson Parish, and tives. project. It is justified from every angle, Saint Bernard Parish have $14 billion So they are basically engaging in shape, form. It has been studied to of taxpayer money invested. That is a earmarks again. In other words, having death. The local people have put up lot of money. I know some people in voted to take earmarks out—I was not $200 million of their own money. I am the country get very aggravated about for that. I did not go along with that, not going home to tell them they are that. Why did they get $14 billion? but they did, the leadership of the not going to get the project. So I would The country should have given us $1 House, take earmarks out. They are strongly suggest our House delegation, billion 10 years ago and we could have now trying to put earmarks back in. So particularly our leader STEVE SCALISE, saved them 14. But the Congress de- the only way you get back in is if you the Congressman from Jefferson Par- cided not to do that. We asked. We go through their committee and get ish, who is the chairman of the Repub- begged. We pleaded. No. No. No. No. So your project approved, which is ear- lican study group, go have a long talk one day the levees broke. Then the bill marking in a different way. with the chairman of the committee came due. It was a big bill, $14 billion. So on two fronts I think the House is and figure out how to get this project Wait until the next bill comes through. wrong. I think they were wrong to take back in the bill. In that whole timeframe, that whole Morganza out, wrong to put this new f timeframe where our people are beg- system in. ging, drowning, houses going under- The third and final thing I am going ENERGY EFFICIENCY water, begging for help, the govern- to say about this, which is the saddest Ms. LANDRIEU. I wish to move to ment keeps telling us no, no, we sent thing, because Morganza has to go another subject. I wish to offer at this $161 billion to this Treasury from off back in, there are some other projects time two amendments to the under- our shore, from offshore oil and gas— they might have taken out that I am lying bill that we are trying to debate, $161 billion. simply not aware of. But I know that which is a very important bill on en- We come up here and try to get $1 the bill that left this Senate was very ergy efficiency. I know we cannot de- billion for this levee, $2 billion for that. fair. It was without earmarks. It was bate any amendments, but I think I We are told: We cannot afford it. I tell based on the science and the process of can offer two amendments. you, I do not have the power to do this. the Corps of Engineers. But to all of I wish to tell my colleagues, the first I do not. But if I did, and if I were the my friends in the Senate, even when I I am offering with Senator WICKER and Governor, I—and I do not think he has get Morganza back in there, and our Senator PRYOR. It would ensure that the power—but if I could, I would shut the Green Building Rating System, down every rig in the Gulf of Mexico delegation does, the problem for all of which is adopted by GSA currently, until this Congress gives the people of us is that there is still going to be $60 and new ones under this bill that are Louisiana the money we need to keep billion of authorized projects for all of ourselves safe from drowning, from our States. The total budget of the put forth by Senator SHAHEEN and Sen- flooding. Corps of Engineers next year that Sen- ator PORTMAN—I support the bill—do I would turn the lights off in Wash- ator FEINSTEIN chairs—and I serve on not put at a disadvantage the mate- ington and in New York and in Maine. the appropriations committee for the rials that meet the new standard of en- We are tired of it. The people in our Corps of Engineers—will have only $1.6 ergy efficiency in the underlying bill. State cannot survive without levees. billion for new construction. There was some question about the The country cannot survive without The total Corps budget is only about way the bill was initially worded when our people living where we do, to run $5 billion. So think about it. Is this not it came out of the Energy Committee the maritime, to run the oil and gas in- the silliest thing? We have $40 billion that it would disqualify some domestic dustry. Houma, LA, does not deserve of already authorized WRDA projects. materials that meet the energy effi- this. Terrebonne Parish does not de- The WRDA bill now has $20 billion cient standards from being included. serve it. Lafourche Parish does not de- minus Morganza to the Gulf, which This would have a very devastating ef- serve it. Our delegation is not going to they just took out for no good reason, fect on our lumber and forestry indus- stand for it. after 20 years of our people suffering. try, as well as others. I will send that So my message to the Speaker of the So they are going to add that 20 plus amendment to the desk when I am able House and my delegation in the House Morganza which will get back in there. and hope that we will get through this and the House is that bill will never see Then we are going to have $60 billion, skirmish over health care and get to the light of day unless Morganza is put and all we have is a few billion to fund some very important amendments that back. I do not know who is going to do it. will help us create jobs in America, it or how they are going to do it. It is a system that is so broken and Louisiana, and help our industries. Please do not tell me there is not so unfair. Every State feels this. It is Secondly, I wish to speak about an enough money. We send alone, Lou- not just Louisiana. What people hear is amendment Senator WICKER and I will isiana—forget Texas, forget Alabama, my strong voice, I hope, for the people offer that would ensure that small forget Mississippi—Louisiana alone of Louisiana. We feel it the most. We companies are excused from the re- every year sends about $5 billion to the feel it most frequently just because of quirements to submit their products Federal Treasury just from oil and gas our geography. But every community for expensive third-party testing to severance taxes, not counting sales in the country is suffering from this. achieve ENERGY STAR certification. tax, income tax, property taxes, other We do not have enough infrastructure, This is really a small business issue. taxes—property taxes would not come water infrastructure. Our ports are not I think this is acceptable to all parties. here, but income taxes would come where they need to be. Our rivers are I am not sure there is any opposition, here, corporate income taxes would not dredged to the depths they need to actually, to either one of these amend- come here. That is not even counting be. We do not have enough to maintain ments, which is good. We have worked that. our maritime industry in this country. very hard with the parties who might

VerDate Mar 15 2010 01:56 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.063 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6371 have a different view to see if we can Judge Reiss delivered a positive, up- As you know, the United States of America find some common ground, and I think lifting, and powerful message to these was created through a declaration by its citi- we have. men and women about what it means zens that it would, from now on, be a free I have spoken about these amend- to be an American. Her message to and independent nation. The Declaration of Independence also recognizes that we are all ments which I will submit for the them was one of hope. It was also a created equal, and that we are all entitled to RECORD when possible, and I hope we challenge to be the transformative ‘‘life, liberty and the pursuit of happiness.’’ can get to the bill of Senator SHAHEEN force that so many immigrants have Those rights are not just something written and Senator PORTMAN. They have been for America throughout our his- on a piece of paper. Those rights represent worked very hard, and they have built tory. Judge Reiss encouraged their an agreement between us, as fellow citizens, a great coalition. civic participation and commitment to regarding how we will treat each other. Again, this is a bill that could create our constitutional values. She called Those rights also represent an agreement be- many jobs and opportunities for our upon them to be full participants in tween us and our Government, regarding people. While there are a lot of Mem- our democracy, to exercise their rights what we may expect from our Government, and what it may expect from us in return. bers talking about how so-and-so and their responsibilities by voting, You, too, will be able to enjoy the free- should focus on jobs and he or she and to embrace the rule of law. And doms guaranteed by the United States Con- should do this or that, we have a bill Judge Reiss’ remarks were a warm stitution. But as always, with any right whose essence is to create very good Vermont welcome to the 10 new citi- comes responsibilities. In accepting the ben- jobs in America and to save us energy zens who chose to make Vermont their efits of American citizenship, you likewise costs and to reduce costs to taxpayers home. accept its responsibilities. Our society, our freedom, depends on the and consumers. As I listened to Judge Reiss deliver her remarks, I reflected on my own rule of law. The rule of law requires that I believe this bill was voted unani- every person obey the laws of this country. mously out of the energy committee family’s history of immigration and No person and no organization is above the and, if not, it had overwhelming sup- the experience of my wife Marcelle’s law. The rule of law is thus an agreement of port from Republicans and Democrats. mother and father who became citizens the citizens of this country to obey the law, RON WYDEN, the chairman our com- and made Vermont their home. I hope to defend it, and to uphold it. The rule of law mittee, who was a very able and cen- the message they heard when they is what makes our country safe, free, and trist leader on these matters, has swore the oath to become citizens was productive. If you disagree with a law, you may work worked very hard. I am very familiar as inspirational as the one Judge Reiss delivered this summer in Vermont. And to change it. You may vote, you may exer- with the benefits of this bill. I am cise your freedom of speech, you may seek sorry it has become caught up in the I hope the 10 new American citizens we elected or appointed office, and you may pe- politics of health care, but it is impor- welcomed together on August 16 will tition the Government. In this country, we tant that we get to this Energy bill. take her words to heart as they begin encourage citizens to get involved and to It is most important that the House this new chapter in their lives. work to change the country and its laws for of Representatives fix a terrible thing I ask unanimous consent that a copy the better. for Louisiana which happened just a of Judge Reiss’ remarks of August 16, I know that some of you may come from countries where this opportunity was not few hours ago when they stripped, now 2013, be printed in the RECORD. There being no objection, the mate- available to you. Indeed, you may come from for the 20th year in a row, a project rial was ordered to be printed in the places where by seeking to change a law, you that has been certified, stamped, put your life in danger. Here, your right to RECORD, as follows: sealed, and approved by the Corps of lawfully seek change will be fully protected. Engineers. For whatever reason they REMARKS BY UNITED STATES DISTRICT JUDGE I urge you to exercise all of your rights did this, I do not know. I hope they will CHRISTINA REISS and responsibilities as a United States cit- fix it. Delivered at the Ethan Allen Homestead Mu- izen. The right to vote is endangered each time you fail to vote. The freedom of speech I yield the floor. seum in Burlington, Vermont, August 16, 2013 is threatened when you do not express your f Ladies and Gentlemen: opinions, and stand silent when you should REMARKS OF JUDGE CHRISTINA It is my honor as Chief Judge of the United speak up. It is also threatened when you do REISS States District Court for the District of not tolerate the views of others, or allow Vermont, and as an American citizen, to ad- their rights to be violated. The rights of all Mr. LEAHY. Mr. President, on Au- dress you on this special occasion. You are citizens must be protected, if you expect gust 16, I had the honor of attending a about to undergo an important trans- your own rights to be protected. naturalization ceremony at the Ethan formation for which you have carefully and Before I end my remarks, I want to say a Allen Homestead Museum in Bur- thoughtfully prepared. By the end of this few things about Vermont because I believe that you have chosen to live in a very special lington, VT, conducted by the Chief ceremony, you will be a United States citizen. place. As you know, Vermont was not one of Judge of the United States District I am sure that you had many thoughts and the original 13 colonies to sign the Declara- Court for the District of Vermont, feelings as you went through the process of tion of Independence, but it was the first Christina Reiss. This naturalization becoming a United States citizen. I want to state to forbid slavery in its own constitu- ceremony was especially timely as the assure you that you are not alone. Most peo- tion in 1777. Vermont has often been at the Senate had in June voted strongly in ple here, including me, have had family forefront of this country in protecting favor of passing a comprehensive immi- members who went through this very same human rights. This is a special place. It is a gration reform bill. I am proud of the process. America is a land of immigrants. beautiful place. Enjoy it, cherish it, and With the exception of Native Americans, we make it your home. You are welcome here. Senate’s work on that legislation, and all come from other places. Like you, our President Dwight D. Eisenhower said some- especially proud of the thorough proc- family members made sacrifices and faced thing about Vermonters which I think is ess we had in the Judiciary Committee challenges in order to live in this country. very true. In speaking to the people gathered to give that legislation a fair and pub- We made this country our home. You have at the State Dairy Festival in Rutland, he lic hearing. made the important decision to make it your said: I have attended many naturalization home. This is exciting and important for ‘‘There are certain things I do know about ceremonies over the years and never both you and for our country. Your trans- you. I know that Americans everywhere are fail to come away inspired by the proc- formation is our country’s transformation. the same, in their longing for peace, a peace Our country gains strength and becomes a that is characterized by justice, by consider- ess and by the participants. Judge better place with the contributions of our ation for others, by decency above all, by its Reiss’ most recent naturalization cere- new citizens. insistence on respect for the individual mony was a reminder of how meaning- You are about to take a solemn oath. In human being.’’ ful American citizenship is, and of that oath, you will claim the United States It is my hope that your life in the United what an accomplishment it is for those as your own country and you will renounce States is characterized by justice, by consid- who earn it. Judge Reiss invited me to allegiance to all others. You will swear to eration for others, by decency, and by insist- address the new Americans, but I was support and defend the Constitution, and the ence on respect for all human beings. laws of the United States. And you will In conclusion, I wish simply to say, ‘‘Wel- particularly moved by her remarks to promise that you will bear true faith and al- come my fellow American citizens. Welcome, the 10 new Americans who were natu- legiance to this country. I want to talk with my American brothers and sisters.’’ I wish ralized as citizens of the United States you briefly about what some of those prom- you success and happiness in pursuing the that day. ises mean. American dream.

VerDate Mar 15 2010 01:56 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.065 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6372 CONGRESSIONAL RECORD — SENATE September 11, 2013 REMEMBERING 9/11 we stand tall. We stand tall, not defense of our freedom and our way of Mr. CARDIN. Mr. President, I wish to weighed down by the gravity of 9/11 but life. join my colleagues in commemorating made stronger by it. We remain united We remember today, as we do every the anniversary of the terrorist at- in our diversity like no other nation on year and as we should every day, all tacks on September 11, 2001. Twelve Earth, ‘‘ one Nation, under God, indi- those who were injured in the attacks years ago America was dealt a blow, visible, with liberty and justice for and on the battlefield. but in the years since, we have contin- all.’’ We remember today, as we do every ued to rebuke the message of hate that Mr. CHIESA. Mr. President, I vividly year and as we should every day, all was brought to our doorstep. What is recall, as do most Americans, exactly those who responded to the attacks more is that we affirm our core Amer- where I was 12 years ago this morning. with bravery and determination and ican values that were magnified in the My son, Al, who had only recently cele- many of whom still struggle with the days following those attacks. brated his third birthday, was begin- aftermath of their courageous actions. We are still ‘‘ one Nation, under God, ning his very first day at preschool. It And we remember today, as we do indivisible, with liberty and justice for was a big day for my wife Jenny and every year and should every day, all all.’’ We are still a diverse nation of me, filled with that mixture of excite- those who lost friends, colleagues, and many races, religions, and ideas united ment and trepidation that is familiar family members in the attacks and in under the same flag. Maybe most im- to all young parents. the years since. Their suffering is our portant, we are still at our best when Shortly after waving goodbye to Al, suffering and we must never forget we come together. we heard the shocking news—an air- that. Every year we are reminded that plane had hit the South Tower of the Today is also a day for renewal, for renewing the sense of purpose that though we are a strong and determined World Trade Center. nation, we are still healing from the As a native New Jerseyan, raised in united our nation in the aftermath of wounds we suffered that day 12 years the shadow of the Twin Towers, I could the attacks, for renewing the spirit of ago. No amount of time can rationalize picture the scene in my mind’s eye. cooperation that made it possible for the senseless violence or bring back a My first assumption was that a small our country to move forward, both loved one. It is important to note that plane—perhaps one of the sightseeing through individual acts of courage, we have brought many of the terror- planes that provided visitors with a kindness, and compassion and through ists, including Osama bin Laden, to bird’s-eye view of the wonders of Lower acts of governance that helped us meet the challenges we faced, and for renew- justice, and we have made great strides Manhattan and the harbor—had some- ing our determination to keep America in ensuring that those who wish to do how flown off course into the building. us harm like they did on 9/11 will be Less than 20 minutes later, however, safe while also safeguarding our lib- unable to do so. when the second plane hit, I knew, as erties. Twelve years ago today, when Jenny Our men and women in uniform, the we all did, that this was no accident. and I dropped off our son for his very intelligence community, Foreign Serv- America was under attack. And as the ice officers, and the people entrusted first day of school—he is, by the way, morning unfolded and the horror in- now a high school freshman—we could with safeguarding our borders, bridges, creased—the Pentagon was hit, the air and seaports and key infrastruc- never have imagined how much the towers fell, United flight 93 was world would change before he had even ture, have made great sacrifices to en- brought to the ground near sure our continued safety in a settled in to his new preschool routine. Shanksville, PA—my thoughts turned But although so much has changed, post-9/11 world and we owe so much to to faith and family. these men and women, and the families one thing remains constant: America, I thought of my son—young and inno- is, as she always had been, a beacon of who support them. cent, starting his very first day in Today, we join together to show the hope to the world. No act of terror—no school—and I realized the world that world that our Nation is united and matter how brutal—will ever diminish existed when we dropped him off that firmly resolved to defend our freedom the bright, shining light of the Amer- morning had changed. and safeguard our liberty against any ican spirit. I thought of so many friends and enemy. f We also take time to remember those neighbors who might very well have been on the plane that flew out of New- REMEMBERING NICOLAE Americans who perished on 9/11 and to GHEORGHE remember them and their families with ark that morning or in those proud a special prayer. We reflect on the her- buildings that had been reduced to rub- Mr. CARDIN. Mr. President, on Au- oism of the firefighters, police officers, ble. I hoped and prayed that they were gust 8, Nicolae Gheorghe, one of the medical workers, city officials, and or- safe. leading figures of the Romani civil dinary citizens who gave their own I thought of the people who had sure- rights movement, passed away. He was lives trying to save others. Who could ly lost their lives in the attacks—in devoted to improving the situation of ever forget the images of firefighters numbers more than any of us could Roma, ultimately playing a pivotal and other first responders going up the bear, as Mayor Giuliani so eloquently role on the international stage and es- stairs of the World Trade Center as ev- put it—and prayed for them and their pecially within the OSCE. Gheorghe eryone else was heading to safety? families. lived an extraordinary life and will be Each of us has been affected by 9/11. It And as the day drew to its awful con- long remembered for his singular con- is a day seared into the national mem- clusion, I knew that for so many, the tribution to the advancement of human ory. terrible anguish of this day was just rights. We cannot forget 9/11 because the vir- beginning, and the reminders of that Nicolae Gheorghe was born in 1946 in tues that carried us though the days, were everywhere: the children whose Romania during the aftermath of the weeks, and years have been with us parents would never arrive to pick fascist regime led by Marshall Ion since the beginning: 9/11 did not teach their children up from school, the Atonescu. His mother had narrowly es- firefighters and police to sacrifice, nor empty place at the dinner table, the caped the mass deportations of 25,000 did it teach unity among neighbors. It gaping hole in the hearts of those who Roma planned and implemented by the did not teach empathy toward strang- loved those who perished. Antonescu regime. ers or compassion toward friends. Twelve years later, the passage of Members of the Helsinki Commission Rather, these quintessential Amer- time has, for many, helped to bring first met Nicolae Gheorghe when Sen- ican virtues were with us all along; 9/11 some measure of healing. But the scars ator Dennis DeConcini and Representa- just put them under a spotlight for all remain, and they will never completely tive STENY HOYER, then-Chairman and to see. On 9/11 we showed the world a fade away. Cochairman, led a delegation to Roma- brand of resilience, compassion, and So today we remember, as we do nia in April 1990. At that time, strength that could only be ‘‘made in every year and as we should every day, Gheorghe was emerging as one of the America’’. all those who lost their lives, both in clearest and most compelling voices And so, 12 years after the most hei- the terrorist attacks themselves and sounding the alarm about the deplor- nous attacks in our Nation’s history, also on foreign fields of battle in the able situation of Roma. Although the

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.026 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6373 fall of communism in Central Europe tions, and careful implementation of of the Summer Solstice, doing what he loved ushered in an era of democratization, it individual human rights.’’ Gheorghe most, hiking in the remote Wind River also gave free rein to old bigotry testified at Helsinki Commission brief- Mountains. He was 61 years old. The cause of his death: natural. against Roma. In fact, only a few ings and hearings in 2002 and 2006. Randy was both a visionary and a prag- months after that visit, police efforts Nicolae Gheorghe also became a fix- matist. Known for the size of his heart and to remove demonstrators from Bucha- ture at OSCE human rights meetings— the breadth of his wild mind, Randy Udall rest degenerated into brutal attacks on first in his capacity as an NGO, then as was all about energy: physical and mental. the offices of opposition papers, opposi- the first senior adviser on Romani His expertise on domestic and international tion leaders’ homes, and members of issues for the OSCE Office for Demo- energy sustainability was singular, both as a the Romani minority. cratic Institutions and Human Rights. free-lance writer and as an advocate. In 1984, At almost the same time, the OSCE In whatever capacity he worked, he he co-founded the nonprofit Community Of- fice for Resource Efficiency (CORE) in participating States were meeting in was a relentless advocate for the human rights of Romani people. Carbondale, Colorado, where he served for 13 Copenhagen negotiating what would years as director. CORE’s partnerships with become one of the most ambitious His appointment coincided with the electric utilities and local governments led agreements of the Helsinki process: the deterioration of the situation in to Colorado’s first solar energy incentive seminal 1990 Copenhagen Document. I Kosovo, the NATO air campaign program, the world’s first Renewable Energy was part of a delegation Representative against Milosevic’s Serbia, and the sub- Mitigation Program and some of the most HOYER led to that historic meeting sequent deployment of a large OSCE progressive green power purchasing pro- where we raised our concerns about re- mission to Kosovo. As a consequence of grams in America. In 2005, Randy co-founded the Association ligious and ethnic minorities directly developments in the Balkans, he became immediately engaged on issues for the Study of Peak Oil-USA to track the with the delegation from Romania. shifting balance between world oil supply It was also in Copenhagen where relating to the displacement of Kosovo and depletion. He was a brilliant communi- Nicolae Gheorghe pressed—success- Roma to Macedonia and elsewhere. cator, owned by no one, plain-spoken, hum- fully—for the adoption of the first ref- Throughout his tenure with the OSCE, ble, and nuanced. He was a celebrated speak- erence in any international human which lasted through 2006, his work er engaging audiences world-wide on the rights agreement to the specific prob- was driven by the need for crisis man- complexities of energy development. He was lems faced by Roma. The U.S. delega- agement stemming from acts of vio- the rare thought leader who put his thoughts lence and other extreme manifesta- into action. Randy’s home in Carbondale was tion to that meeting, headed by the retrofitted with solar panels that he often late Ambassador Max Kamplemen, tions of prejudice against Roma—not only in the Balkans but elsewhere in shared would keep 300,000 pounds of carbon helped secure the inclusion of that text dioxide out of the atmosphere over 20 years. in the final document. the OSCE region as well. The energy bill on his 2,000-square-foot home But in the context of post-Com- In his 2006 testimony before the Hel- was a mere $300 per year. munist economic and political transi- sinki Commission, he observed that Randy Udall told hard truths: ‘‘We have tion, Roma became targets of eth- international organizations had largely been living like gods,’’ he often said. ‘‘Our nically motivated attacks. In Romania, focused on the situation of Roma in task now is to learn how to live like humans. Central Europe, neglecting Western Our descent will not be easy.’’ dozens of pogroms against Roma were Randy Udall was born on October 29, 1951, carried out between 1990 and 1997, countries such as Greece, France, Spain, and Italy. ‘‘I don’t think that in Tucson, Ariz., to former Arizona Congress- prompting Gheorghe and others to man Morris K. Udall and Patricia Emery found Romani CRISS in 1993. The name Europe for the time being realizes the Udall. His education was informed by Pres- is a Romanian acronym for Center for depth of the racism and racist atti- cott College and the University of Denver, tudes in its structures, [in] Europe as a Social Intervention and Studies but but he graduated from neither. He subscribed whole.’’ The mass fingerprinting of also a play on the Romani word ‘‘kris,’’ to what John Wesley Powell called ‘‘a home- Roma in Italy in 2008 and the expul- grown education’’ driven by place and fueled which is a kind of council of elders. In sions of Roma from France in 2010 by curiosity. His path of inquiry was ground- the 1990s, he worked with the New Jer- would illustrate that Gheorghe had ed in auto mechanics, carpentry, a commit- sey-based Project on Ethnic Relations spoken with typical insight. ment to writing, environmental studies, and and served on the board of the Euro- I wish that I could say Nicolae advocacy. He also worked for Outward Bound pean Roma Rights Center. Gheorghe’s work to advance the human as a wilderness instructor. Instinct, intui- He also brought his concerns to the tion, and experience became the bedrock of rights of Roma was complete. Clearly, United States. In 1994, the House Com- his uncommon wisdom. it is not. Each day, it must be carried mittee on Foreign Affairs Sub- Randy belonged to a respected political on by the many people he encouraged family. Alongside the distinguished political committee on International Security, and a new generation of activists. To- career of his father, he was the nephew of International Organizations, and ward that end, our load is lighter be- Stewart Udall, Secretary of the Interior dur- Human Rights, chaired by Representa- cause of the burdens he carried, our ing the Kennedy and Johnson administrative Tom Lantos, convened the first goals are nearer because of the dis- tions, from whom he drew great inspiration. hearing before Congress on the situa- tance he traveled, and we are inspired His eldest brother Mark Udall and his cousin Tom Udall currently represent Colorado and tion of Roma. Gheorghe, joined by by his legacy. Romani activists Ian Hancock, Andrzej New Mexico in the U.S. Senate. With his Mirga, and Klara Orgovanova, testified, f usual wit and candor, he often apologized for REMEMBERING RANDY UDALL politicians in the West, but he never aban- along with Livia Plaks of the Project doned his family’s commitment to public on Ethnic Relations. Mr. UDALL of New Mexico. Mr. service and embrace of the open space of de- Gheorghe argued that anti-Roma at- President, I wish to take this oppor- mocracy. titudes and behaviors could serve as a tunity to again thank my colleagues In the 1980s, Randy reported on the Sanc- barometer to gauge the success of for their kind words on the passing of tuary Movement for the Tucson Citizen, countries building democratic institu- Randy Udall. Their condolences, and riding the underground railroad and listening to the plight of the refugees it carried tions, the rule of law, and ‘‘the consoli- those of so many people who knew and dation of civil movements and associa- from Central America to the United States. loved Randy, have been a great source He was the first reporter to break the story tions and societies and states deeply of comfort to our family. I would also of the Tucson Sanctuary Movement nation- distorted by the decades of pro-fascist, like to share with them Randy’s obit- ally and garner support and justice for them. authoritarian and communist totali- uary, published in the Aspen Times, as Through his writing, Randy continually tarian regimes.’’ we remember Randy and celebrate his sought to give voice to others and to the He presciently surveyed the scope life. land. ‘‘I love forms beyond my own, and re- and implications of anti-Roma mani- I ask unanimous consent that the gret the borders between us,’’ wrote Loren Eiseley, one of Randy’s favorite authors. festations including in Bosnia, Ger- obituary be printed in the RECORD. many, the Czech and Slovak Republics, In 1987, Randy co-authored ‘‘Too Funny To There being no objection, the mate- Be President’’ with his father, Mo Udall, and and Romania. ‘‘[T]he most important rial was ordered to be printed in the Bob Neuman. And in 1993, he collaborated assistance which can be brought to or RECORD, as follows: with his uncle Stewart Udall and renowned sent to our region is the rule of law, James ‘‘Randy’’ Udall, a native son of the photographer David Muench on the book, the breeding of democratic institu- American West, died June 20, 2013, on the eve ‘‘National Parks of America.’’

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.015 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6374 CONGRESSIONAL RECORD — SENATE September 11, 2013 He was a man who loved words and big After the storm that devastated so a town forest in 1710. This forest is the ideas. As much as he loved to climb moun- many lives, infrastructures, and a way oldest surviving town forest in the tains, he loved the landscape of public dis- of life in New Orleans, Warren Easton United States and is listed on the Na- course. Randy will be remembered as an ex- was forced to close its doors for 1 year. tional Register of Historic Places. traordinary listener and a lively raconteur. The number of farms grew during the He gave dignity to his conversations, be it Fortunately, thanks to the strong and with a roughneck on an oil patch or testing spirited history of this school, Warren late 1800s thanks in part to the con- and charming an environmentalist over beer. Easton was opened as a charter school struction of the railroad bridge to He was at home with those who cared. His al- by a group of alumni. Even in the face Dover point in 1873. The railroad pro- liances were creative and brave. He possessed of challenge, the leaders and alumni vided the ability to transport perish- an open mind, and at times, a fierce one, created an institution that would not able commodities, such as apples and calling for an ethics of a place. Randy did only honor the history of Warren Eas- dairy, to new markets. Today the popu- not hesitate to go toe-to-toe with oil execu- ton and its previous success, but will lation has grown to include over 750 tives, calling for accountability, when dis- residents, whose patriotism and com- cussing the realities of peak oil. continue to create new opportunities for the students of New Orleans. mitment is reflected in part by their But most of all, Randy Udall loved all record of service in defense of our Na- things wild: skiing across Baffin Island in Since its opening in 2007, Warren Eas- the 1976; casting a line of light on a mean- ton High School has seen tremendous tion. Over the past several decades, dering river; hiking the Colorado Rockies growth. During the last school year, 925 Newington has seen a dramatic change with his children. In an email to his daugh- students attended school there. For the from an agricultural community to an ter Tarn, when rafting with her brother down past 2 years, the school has celebrated industrial and commercial hub. In the the Tatshenshini River in Alaska, he said a graduation rate of 100 percent. Stu- simply, lovingly, ‘‘Stay warm, stay fed, and 1950s, the Federal Government acquired feed the morale meter, too.’’ He was a man of dent performance has also dramati- land to build Pease Air Force Base, paradoxes: a loner and a communitarian; cally increased since the reopening of over half of which is located in the joyful and brooding; present one minute and Warren Easton High School with a town of Newington. Although this base gone, the next. And his vast frame of ref- school performance score of 64.7 in 2007 closed, the area has been redeveloped erence was apparent by the diversity on his and 133.9 in 2012. Further, the 2012 grad- into what is now the Pease Inter- bookshelves with Mary Oliver’s ‘‘Collected uating class received over $6.2 million Poems’’ next to ‘‘A Field Guide to Geology’’; national Tradeport. Even with these in scholarships from more than 20 col- recent changes, the town of Newington Ivan Doig’s nonfiction shelved next to ‘‘The leges and universities. Prize: The Epic Quest for Oil, Money & has maintained its quaint and historic Power’’ by Daniel Yergin. When Wallace Warren Easton is a leading example character. Stegner admonished Westerners ‘‘to create a of excellence in education. Its leaders, Whether it is the popular Newington society to match the scenery,’’ this was the alumni, and students continue to be an Mall, the historic town forest or the joyous life work of Randy Udall. inspiration to their community. It is Great Bay National Wildlife Refuge, Randy is survived by his beloved wife, Les- with my heartfelt and greatest sin- the citizens of Newington have contrib- lie Emerson and their three children, Ren, cerity that I ask my colleagues to join uted much to the life and heritage of Tarn, and Torrey Udall; his five siblings: me in recognizing Warren Easton High New Hampshire during the town’s first Mark Udall (wife, Maggie Fox), Judith Udall School in New Orleans, LA, and its (husband, Ben Harding), Anne Udall (partner, 300 years. On this day, we honor the Tillie Clark), Brad Udall (wife, Jane Backer), long-time alumni community as they 300th anniversary of Newington, salute and Kate Udall; and his nephews, Jed Udall celebrate 100 years of success. its citizens, and recognize their accom- and Clay Harding, and niece, Tess Udall. He f plishments, their love of country, and also leaves behind his cousin, Tom Udall, their spirit of independence.∑ ADDITIONAL STATEMENTS alongside Denis Udall, Scott Udall, Lynn f Udall, Lori Udall, and Jay Udall. He is pre- ceded in death by his father, Morris K. Udall, MESSAGES FROM THE PRESIDENT NEWINGTON, NEW HAMPSHIRE his mother, Patricia Emery Udall, his uncle Messages from the President of the Stewart Udall, and his nephew Luke Har- ∑ Ms. AYOTTE. Mr. President, today I United States were communicated to ding. wish to join with the people of the Senate by Mr. Pate, one of his sec- In lieu of flowers, donations can be made Newington, NH, as they celebrate the to: The Randy Udall Memorial Fund, Alpine retaries. Bank, 350 Highway 133, Carbondale, Colo- town’s 300th anniversary. f Located in Rockingham County, rado, 81623. Donations will support youth in EXECUTIVE MESSAGES REFERRED action. Newington is surrounded on three sides As in executive session the Presiding f by water—the Piscataqua River to the northeast, Little Bay to the northwest Officer laid before the Senate messages RECOGNIZING WARREN EASTON and Great Bay to the west. Due to its from the President of the United HIGH SCHOOL close proximity to water, agriculture States submitting sundry nominations Ms. LANDRIEU. Mr. President, today became the way of life in the early which were referred to the appropriate I wish to ask my colleagues to join me years of this town. committees. in recognizing Warren Easton High The town was originally part of (The messages received today are School in New Orleans, LA. The stu- Dover and was known as Bloody Point, printed at the end of the Senate pro- dents, faculty, staff, school leaders, so named because of the battle between ceedings.) alumni and community members are men from Dover and Portsmouth who f celebrating 100 years of excellence in were vying for more land. In 1640 MESSAGE FROM THE HOUSE education and service to the New Orle- Thomas Trickery established the At 12:33 p.m., a message from the ans community. Bloody Point Ferry, which crossed the House of Representatives, delivered by Warren Easton High School is the Piscataqua to Hilton’s Point and was Mr. Novotny, one of its reading clerks, oldest public high school in Louisiana. the only connection between Dover and announced that the House has passed Named after a local superintendent of Portsmouth. Because of the difficulty the following bills, without amend- schools in New Orleans, Warren Easton in getting to the church in Dover, early ment: represents what excellence in edu- settlers established a meetinghouse at S. 130. An act to require the Secretary of cation should look like. The school has Bloody Point in 1712. In 1713 local resi- the Interior to convey certain Federal land transitioned from when it opened as an dents held a meeting to hire a min- to the Powell Recreation District in the all-boys high school in Uptown New Or- ister, and on May 12, 1714, Governor State of Wyoming. leans, then a new location on Canal Dudley granted the request and re- S. 157. An act to provide for certain im- Street in 1913, to a co-educational set- named the parish from Bloody Point to provements to the Denali National Park and ting in 1952 and racial integration in Newington. This meetinghouse is still Preserve in the State of Alaska, and for other purposes. 1967. However, perhaps Warren Easton owned by the town and is considered S. 256. An act to amend Public Law 93–435 High School’s most profound trans- the oldest meetinghouse in New Hamp- with respect to the Northern Mariana Is- formation came in the wake of Hurri- shire. In addition to this historic land- lands, providing parity with Guam, the Vir- cane Katrina. mark, residents set land aside to create gin Islands, and American Samoa.

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.028 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6375 S. 304. An act to direct the Secretary of the dent of the Senate on August 15, 2013; to the ice, Department of Agriculture, transmit- Interior to convey to the State of Mississippi Committee on Agriculture, Nutrition, and ting, pursuant to law, the report of a rule en- 2 parcels of surplus land within the boundary Forestry. titled ‘‘Cranberries Grown in States of Mas- of the Natchez Trace Parkway, and for other EC–2693. A communication from the Direc- sachusetts, Rhode Island, Connecticut, New purposes. tor of the Regulatory Management Division, Jersey, Wisconsin, Michigan, Minnesota, Or- S. 459. An act to modify the boundary of Environmental Protection Agency, transmit- egon, Washington, and Long Island in the the Minuteman Missile National Historic ting, pursuant to law, the report of a rule en- State of New York; Changing Reporting Re- Site in the State of South Dakota, and for titled ‘‘Tetrachlorvinphos; Pesticide Toler- quirements’’ (Docket No. AMS–FV–12–002; other purposes. ances’’ (FRL No. 9394–9) received during ad- FV12–929–1 FIR) received during adjourn- The message further announced that journment of the Senate in the Office of the ment of the Senate in the Office of the Presi- President of the Senate on August 29, 2013; to dent of the Senate on August 5, 2013; to the the House has passed the following the Committee on Agriculture, Nutrition, Committee on Agriculture, Nutrition, and bills, in which it requests the concur- and Forestry. Forestry. rence of the Senate: EC–2694. A communication from the Man- EC–2702. A communication from the Asso- H.R. 1155. An act to reform the National agement Analyst, Grain Inspection, Packers ciate Administrator, Agricultural Marketing Association of Registered Agents and Bro- and Stockyards Administration, Department Service, Department of Agriculture, trans- kers, and for other purposes. of Agriculture, transmitting, pursuant to mitting, pursuant to law, the report of a rule H.R. 2747. An act to amend title 40, United law, the report of a rule entitled ‘‘Weighing, entitled ‘‘Grapes Grown in Designated Area States Code, to transfer certain functions Feed, and Swine Contractors’’ (RIN0580– of Southeastern California; Increased Assess- from the Government Accountability Office AA99) received during adjournment of the ment Rate’’ (Docket No. AMS–FV–13–0005; to the Department of Labor relating to the Senate in the Office of the President of the FV13–925–1 FR) received during adjournment processing of claims for the payment of Senate on August 26, 2013; to the Committee of the Senate in the Office of the President workers who were not paid appropriate on Agriculture, Nutrition, and Forestry . of the Senate on August 5, 2013; to the Com- wages under certain provisions of such title. EC–2695. A communication from the Man- mittee on Agriculture, Nutrition, and For- agement Analyst, Grain Inspection, Packers estry. f and Stockyards Administration, Department EC–2703. A communication from the Asso- MEASURES REFERRED of Agriculture, transmitting, pursuant to ciate Administrator, Agricultural Marketing law, the report of a rule entitled ‘‘Inspection Service, Department of Agriculture, trans- The following bill was read the first and Weighing of Grain in Combined and Sin- mitting, pursuant to law, the report of a rule and the second times by unanimous gle Lots’’ (RIN0580–AB15) received during ad- entitled ‘‘Increase in Fees for Voluntary consent, and referred as indicated: journment of the Senate in the Office of the Federal Dairy Grading and Inspection Serv- H.R. 2747. An act to amend title 40, United President of the Senate on August 26, 2013; to ices’’ (Docket No. AMS–DA–10–0002) received States Code, to transfer certain functions the Committee on Agriculture, Nutrition, during adjournment of the Senate in the Of- from the Government Accountability Office and Forestry. fice of the President of the Senate on August to the Department of Labor relating to the EC–2696. A communication from the Chair- 5, 2013; to the Committee on Agriculture, Nu- processing of claims for the payment of man and Chief Executive Officer, Farm Cred- trition, and Forestry. workers who were not paid appropriate it Administration, transmitting, pursuant to EC–2704. A communication from the Asso- wages under certain provisions of such title; law, the report of a rule entitled ‘‘Registra- ciate Administrator, Agricultural Marketing to the Committee on Health, Education, tion of Mortgage Loan Originators’’ Service, Department of Agriculture, trans- Labor, and Pensions. (RIN3052–AC78) received during adjournment mitting, pursuant to law, the report of a rule of the Senate in the Office of the President entitled ‘‘Kiwifruit Grown in California and f of the Senate on August 29, 2013; to the Com- Imported Kiwifruit; Relaxation of Minimum MEASURES PLACED ON THE mittee on Agriculture, Nutrition, and For- Grade Requirement’’ (Docket No. AMS–FV– CALENDAR estry. 13–0032; FV13–920–1 IR) received during ad- EC–2697. A communication from the Direc- journment of the Senate in the Office of the The following bill was read the first tor of the Regulatory Review Group, Farm President of the Senate on August 5, 2013; to and second times by unanimous con- Service Agency, Department of Agriculture, the Committee on Agriculture, Nutrition, sent, and placed on the calendar: transmitting, pursuant to law, the report of and Forestry. a rule entitled ‘‘Sugar Program; Feedstock EC–2705. A communication from the Asso- H.R. 1155. An act to reform the National Flexibility Program for Bioenergy Pro- ciate Administrator, Agricultural Marketing Association of Registered Agents and Bro- ducers’’ (RIN0560–AH86) received in the Of- Service, Department of Agriculture, trans- kers, and for other purposes. fice of the President of the Senate on August mitting, pursuant to law, the report of a rule f 1, 2013; to the Committee on Agriculture, Nu- entitled ‘‘Cotton Board Rules and Regula- EXECUTIVE AND OTHER trition, and Forestry. tions: Adjusting Supplemental Assessment EC–2698. A communication from the Sec- on Imports (2013 Amendment)’’ (Docket No. COMMUNICATIONS retary of the Commodity Futures Trading AMS–CN–12–0065) received during adjourn- The following communications were Commission, transmitting, pursuant to law, ment of the Senate in the Office of the Presi- laid before the Senate, together with the report of a rule entitled ‘‘Enhanced Risk dent of the Senate on August 5, 2013; to the accompanying papers, reports, and doc- Management Standards for Systemically Im- Committee on Agriculture, Nutrition, and uments, and were referred as indicated: portant Derivatives Clearing Organizations’’ Forestry. (RIN3038–AC98) received during adjournment EC–2706. A communication from the Asso- EC–2690. A communication from the Direc- of the Senate in the Office of the President ciate Administrator, Agricultural Marketing tor of the Regulatory Management Division, of the Senate on August 21, 2013; to the Com- Service, Department of Agriculture, trans- Environmental Protection Agency, transmit- mittee on Agriculture, Nutrition, and For- mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- estry. entitled ‘‘Olives Grown in California; De- titled ‘‘Propylene Glycol; Exemption from EC–2699. A communication from the Sec- creased Assessment Rate’’ (Docket No. AMS– the Requirement of a Tolerance’’ (FRL No. retary of the Commodity Futures Trading FV–12–0076; FV13–932–1 FIR) received during 9394–5) received during adjournment of the Commission, transmitting, pursuant to law, adjournment of the Senate in the Office of Senate in the Office of the President of the the report of a rule entitled ‘‘Harmonization the President of the Senate on August 5, Senate on August 6, 2013; to the Committee of Compliance Obligations for Registered In- 2013; to the Committee on Agriculture, Nu- on Agriculture, Nutrition, and Forestry. vestment Companies Required to Register as trition, and Forestry. EC–2691. A communication from the Direc- Commodity Pool Operators’’ (RIN3038–AD75) EC–2707. A communication from the Asso- tor of the Regulatory Management Division, received during adjournment of the Senate ciate Administrator, Agricultural Marketing Environmental Protection Agency, transmit- in the Office of the President of the Senate Service, Department of Agriculture, trans- ting, pursuant to law, the report of a rule en- on August 21, 2013; to the Committee on Ag- mitting, pursuant to law, the report of a rule titled ‘‘Topramezone; Pesticide Tolerances’’ riculture, Nutrition, and Forestry. entitled ‘‘Mango Promotion, Research, and (FRL No. 9388–9) received during adjourn- EC–2700. A communication from the Sec- Information Order; Nominations of Foreign ment of the Senate in the Office of the Presi- retary of the Commodity Futures Trading Producers and Election of Officers’’ (Docket dent of the Senate on August 6, 2013; to the Commission, transmitting, pursuant to law, No. AMS–FV–12–0041) received during ad- Committee on Agriculture, Nutrition, and the report of a rule entitled ‘‘Clearing Ex- journment of the Senate in the Office of the Forestry. emption for Certain Swaps Entered into by President of the Senate on August 5, 2013; to EC–2692. A communication from the Direc- Cooperatives’’ (RIN3038–AD47) received dur- the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, ing adjournment of the Senate in the Office and Forestry. Environmental Protection Agency, transmit- of the President of the Senate on August 21, EC–2708. A communication from the Asso- ting, pursuant to law, the report of a rule en- 2013; to the Committee on Agriculture, Nu- ciate Administrator, Agricultural Marketing titled ‘‘Emamectin; Pesticide Tolerance’’ trition, and Forestry. Service, Department of Agriculture, trans- (FRL No. 9395–6) received during adjourn- EC–2701. A communication from the Ad- mitting, pursuant to law, the report of a rule ment of the Senate in the Office of the Presi- ministrator, Agricultural Marketing Serv- entitled ‘‘Oranges, Grapefruit, Tangerines,

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.004 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6376 CONGRESSIONAL RECORD — SENATE September 11, 2013 and Tangelos Grown in Florida; Revising Re- Environmental Protection Agency, transmit- of Critical Habitat for the Diamond Darter porting Requirements and New Information ting, pursuant to law, the report of a rule en- (Crystallaria cincotta)’’ (RIN1018–AZ40) re- Collection’’ (Docket No. AMS–FV–12–0052; titled ‘‘Ethyl-2E,4Z-Decadienoate (Pear ceived in the Office of the President of the FV12–905–2 FR) received during adjournment Ester); Exemption from the Requirement of Senate on September 9, 2013; to the Com- of the Senate in the Office of the President a Tolerance’’ (FRL No. 9396–8) received in the mittee on Environment and Public Works. of the Senate on August 5, 2013; to the Com- Office of the President of the Senate on Sep- EC–2725. A communication from the Chief mittee on Agriculture, Nutrition, and For- tember 9, 2013; to the Committee on Agri- of the Endangered Species Listing Branch, estry. culture, Nutrition, and Forestry. Fish and Wildlife Service, Department of the EC–2709. A communication from the Asso- EC–2717. A communication from the Direc- Interior, transmitting, pursuant to law, the ciate Administrator, Agricultural Marketing tor of the Regulatory Management Division, report of a rule entitled ‘‘Endangered and Service, Department of Agriculture, trans- Environmental Protection Agency, transmit- Threatened Wildlife and Plants; Designation mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- of Critical Habitat for the Austin Blind and entitled ‘‘Marketing Order Regulating the titled ‘‘Pyraclostrobin; Pesticide Toler- Jollyville Plateau Salamanders’’ (RIN1018– Handling of Spearmint Oil Produced in the ances’’ (FRL No. 9395–5) received in the Of- AZ24) received in the Office of the President Far West; Salable Quantities and Allotment fice of the President of the Senate on Sep- of the Senate on September 9, 2013; to the Percentages for the 2013–2014 Marketing tember 9, 2013; to the Committee on Agri- Committee on Environment and Public Year’’ (Docket No. AMS–FV–12–0064; FV13– culture, Nutrition, and Forestry. Works. EC–2726. A communication from the Chief 985–1 FR) received during adjournment of the EC–2718. A communication from the Direc- of the Endangered Species Listing Branch, Senate in the Office of the President of the tor of the Regulatory Management Division, Fish and Wildlife Service, Department of the Senate on August 5, 2013; to the Committee Environmental Protection Agency, transmit- Interior, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- on Agriculture, Nutrition, and Forestry. report of a rule entitled ‘‘Endangered and EC–2710. A communication from the Asso- titled ‘‘Halosulfuron-methyl; Pesticide Tol- Threatened Wildlife and Plants; Determina- ciate Administrator, Agricultural Marketing erances’’ (FRL No. 9393–8) received in the Of- tion of Endangered Species Status for Jemez Service, Department of Agriculture, trans- fice of the President of the Senate on Sep- Mountains Salamander (Plethodon mitting, pursuant to law, the report of a rule tember 9, 2013; to the Committee on Agri- neomexicanus)’’ (RIN1018–AY24) received in entitled ‘‘Irish Potatoes Grown in Colorado; culture, Nutrition, and Forestry. the Office of the President of the Senate on EC–2719. A communication from the Direc- Modification of the General Cull and Han- September 9, 2013; to the Committee on Envi- tor of Congressional Affairs, Nuclear Regu- dling Regulation for Area No. 2’’ (Docket No. ronment and Public Works. AMS–FV–13–0001; FV13–48–1 IR) received dur- latory Commission, transmitting, pursuant EC–2727. A communication from the Chief ing adjournment of the Senate in the Office to law, the report of a rule entitled ‘‘Service of the Endangered Species Listing Branch, of the President of the Senate on August 5, Limits and Loading Combinations for Class 1 Fish and Wildlife Service, Department of the 2013; to the Committee on Agriculture, Nu- Plate-and-Shell-Type Supports’’ (Regulatory Interior, transmitting, pursuant to law, the trition, and Forestry. Guide 1.130, Revision 3) received in the Office report of a rule entitled ‘‘Endangered and EC–2711. A communication from the Asso- of the President of the Senate on September Threatened Wildlife and Plants; Designation ciate Administrator, Agricultural Marketing 9, 2013; to the Committee on Environment of Critical Habitat for Texas Golden Service, Department of Agriculture, trans- and Public Works. Gladecress and Neches River Rose-mallow’’ mitting, pursuant to law, the report of a rule EC–2720. A communication from the Direc- (RIN1018–AZ49) received in the Office of the entitled ‘‘User Fees for 2013 Crop Cotton tor of Congressional Affairs, Nuclear Regu- President of the Senate on September 9, 2013; Classification Services to Growers’’ (Docket latory Commission, transmitting, pursuant to the Committee on Environment and Pub- No. AMS–CN–12–0074) received during ad- to law, the report of a rule entitled ‘‘Prepa- lic Works. journment of the Senate in the Office of the ration of Environmental Reports for Nuclear EC–2728. A communication from the Chief President of the Senate on August 5, 2013; to Power Plant License Renewal Applications’’ of the Endangered Species Listing Branch, the Committee on Agriculture, Nutrition, (Regulatory Guide 4.2, Supplement 1) re- Fish and Wildlife Service, Department of the and Forestry. ceived in the Office of the President of the Interior, transmitting, pursuant to law, the EC–2712. A communication from the Asso- Senate on September 9, 2013; to the Com- report of a rule entitled ‘‘Endangered and ciate General Counsel, Office of the General mittee on Environment and Public Works. Threatened Wildlife and Plants; Revisions to Counsel, Department of Agriculture, trans- EC–2721. A communication from the Chief the Regulations for Impact Analyses of Crit- mitting, pursuant to law, (4) four reports rel- of the Endangered Species Listing Branch, ical Habitat’’ (RIN1018–AY26) received in the ative to vacancies in the Department of Ag- Fish and Wildlife Service, Department of the Office of the President of the Senate on Sep- riculture received during adjournment of the Interior, transmitting, pursuant to law, the tember 9, 2013; to the Committee on Environ- Senate in the Office of the President of the report of a rule entitled ‘‘Endangered and ment and Public Works. Senate on August 8, 2013; to the Committee Threatened Wildlife and Plants; Designation EC–2729. A communication from the Chief on Agriculture, Nutrition, and Forestry. of Critical Habitat for the Grotto Sculpin of the Endangered Species Listing Branch, EC–2713. A communication from the Direc- (Cottus specus)’’ (RIN1018–AZ41) received in Fish and Wildlife Service, Department of the tor of the Regulatory Management Division, the Office of the President of the Senate on Interior, transmitting, pursuant to law, the Environmental Protection Agency, transmit- September 9, 2013; to the Committee on Envi- report of a rule entitled ‘‘Endangered and ting, pursuant to law, the report of a rule en- ronment and Public Works. Threatened Wildlife and Plants; Determina- titled ‘‘Imazapic; Pesticide Tolerance’’ (FRL EC–2722. A communication from the Chief tion of Endangered Status for Texas Golden No. 9394–8) received during adjournment of of the Endangered Species Listing Branch, Gladecress and Threatened Status for Neches the Senate in the Office of the President of Fish and Wildlife Service, Department of the River Rose-mallow’’ (RIN1018–AX74) received the Senate on August 15, 2013; to the Com- Interior, transmitting, pursuant to law, the in the Office of the President of the Senate mittee on Agriculture, Nutrition, and For- report of a rule entitled ‘‘Endangered and on September 9, 2013; to the Committee on Environment and Public Works. estry. Threatened Wildlife and Plants; Determina- EC–2730. A communication from the Direc- EC–2714. A communication from the Chief tion of Endangered Species Status for the tor of the Regulatory Management Division, of the Planning and Regulatory Affairs Grotto Sculpin (Cottus specus)’’ (RIN1018– Environmental Protection Agency, transmit- Branch, Food and Nutrition Service, Depart- AY16) received in the Office of the President ting, pursuant to law, the report of a rule en- ment of Agriculture, transmitting, pursuant of the Senate on September 9, 2013; to the titled ‘‘Interim Final Determination to Stay to law, the report of a rule entitled ‘‘Supple- Committee on Environment and Public and Defer Sanctions; California; San Joaquin mental Nutrition Assistance Program: Traf- Works. Valley’’ (FRL No. 9900–36–Region 9) received EC–2723. A communication from the Chief ficking Controls and Fraud Investigations’’ in the Office of the President of the Senate (RIN0584–AE26) received during adjournment of the Endangered Species Listing Branch, on September 9, 2013; to the Committee on of the Senate in the Office of the President Fish and Wildlife Service, Department of the Environment and Public Works. of the Senate on September 3, 2013; to the Interior, transmitting, pursuant to law, the EC–2731. A communication from the Direc- Committee on Agriculture, Nutrition, and report of a rule entitled ‘‘Endangered and tor of the Regulatory Management Division, Forestry. Threatened Wildlife and Plants; Determina- Environmental Protection Agency, transmit- EC–2715. A communication from the Chief tion of Endangered Species Status for the ting, pursuant to law, the report of a rule en- of the Planning and Regulatory Affairs Austin Blind Salamander and Threatened titled ‘‘Revision of Air Quality Implementa- Branch, Food and Nutrition Service, Depart- Species Status for the Jollyville Plateau tion Plan; California; Sacramento Metropoli- ment of Agriculture, transmitting, pursuant Salamander’’ (RIN1018–AY22) received in the tan Air Quality Management District; Sta- to law, the report of a rule entitled ‘‘Supple- Office of the President of the Senate on Sep- tionary Source Permits’’ (FRL No. 9813–9) re- mental Nutrition Assistance Program: Pri- tember 9, 2013; to the Committee on Environ- ceived in the Office of the President of the vacy Protections of Information from Appli- ment and Public Works. Senate on September 9, 2013; to the Com- cant Households’’ (RIN0584–AD91) received in EC–2724. A communication from the Chief mittee on Environment and Public Works. the Office of the President of the Senate on of the Endangered Species Listing Branch, EC–2732. A communication from the Direc- September 9, 2013; to the Committee on Agri- Fish and Wildlife Service, Department of the tor of the Regulatory Management Division, culture, Nutrition, and Forestry. Interior, transmitting, pursuant to law, the Environmental Protection Agency, transmit- EC–2716. A communication from the Direc- report of a rule entitled ‘‘Endangered and ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Threatened Wildlife and Plants; Designation titled ‘‘Approval and Promulgation of Air

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.007 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6377 Quality Implementation Plans; Indiana; Environmental Protection Agency, transmit- ceived during adjournment of the Senate in Maintenance Plan Update for Lake County, ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on Indiana for Sulfur Dioxide’’ (FRL No. 9900–5– titled ‘‘Air Quality: Revision to Definition of August 29, 2013; to the Committee on Fi- Region 5) received in the Office of the Presi- Volatile Organic Compounds—Exclusion of nance. dent of the Senate on September 9, 2013; to trans 1-chloro-3,3,3-trifluoroprop-1-ene [Sol- EC–2749. A communication from the Chief the Committee on Environment and Public stice 1233zd(E)]’’ (FRL No. 9844–3) received in of the Publications and Regulations Branch, Works. the Office of the President of the Senate on Internal Revenue Service, Department of the EC–2733. A communication from the Direc- September 9, 2013; to the Committee on Envi- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, ronment and Public Works. report of a rule entitled ‘‘Shared Responsi- Environmental Protection Agency, transmit- EC–2741. A communication from the Chief bility Payment for Not Maintaining Min- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, imum Essential Coverage’’ (RIN1545–BL36) titled ‘‘Approval and Promulgation of Air Internal Revenue Service, Department of the received during adjournment of the Senate Quality Implementation Plans; State of New Treasury, transmitting, pursuant to law, the in the Office of the President of the Senate Jersey; Redesignation of Areas for Air Qual- report of a rule entitled ‘‘Modification of on August 29, 2013; to the Committee on Fi- ity Planning Purposes and Approval of the Treasury Regulations Pursuant to Section nance. Associated Maintenance Plan’’ (FRL No. 939A of the Dodd-Frank Wall Street Reform EC–2750. A communication from the Chief 9900–33–Region 2) received in the Office of the and Consumer Protection Act’’ (RIN1545– of the Publications and Regulations Branch, Internal Revenue Service, Department of the President of the Senate on September 9, 2013; BK27) received in the Office of the President Treasury, transmitting, pursuant to law, the to the Committee on Environment and Pub- of the Senate on September 9, 2013; to the report of a rule entitled ‘‘Examination of Re- lic Works. Committee on Finance. EC–2734. A communication from the Direc- EC–2742. A communication from the Chief turns and Claims for Refund, Credit, or tor of the Regulatory Management Division, of the Publications and Regulations Branch, Abatement; Determination of Tax Liability’’ Environmental Protection Agency, transmit- Internal Revenue Service, Department of the (Rev. Proc. 2013–33) received during adjourn- ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the ment of the Senate in the Office of the Presi- titled ‘‘Approval and Promulgation of Imple- report of a rule entitled ‘‘2013 Marginal Pro- dent of the Senate on August 29, 2013; to the Committee on Finance. mentation Plans; Arkansas; Interstate duction Rates’’ (Notice 2013–53) received in Transport of Fine Particulate Matter’’ (FRL the Office of the President of the Senate on f No. 9900–32–Region 6) received in the Office of September 9, 2013; to the Committee on Fi- INTRODUCTION OF BILLS AND the President of the Senate on September 9, nance. 2013; to the Committee on Environment and EC–2743. A communication from the Chief JOINT RESOLUTIONS Public Works. of the Publications and Regulations Branch, The following bills and joint resolu- EC–2735. A communication from the Direc- Internal Revenue Service, Department of the tions were introduced, read the first tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- and second times by unanimous con- report of a rule entitled ‘‘Debt That is a Po- sent, and referred as indicated: ting, pursuant to law, the report of a rule en- sition in Personal Property That is Part of a titled ‘‘Approval and Promulgation of Air Straddle’’ (RIN1545–BK89) received in the Of- By Mrs. FEINSTEIN (for herself, Ms. Quality Implementation Plans; Michigan; fice of the President of the Senate on Sep- COLLINS, and Mrs. HAGAN): S. 1494. A bill to amend the Child Care and Redesignation of the Detroit-Ann Arbor Area tember 9, 2013; to the Committee on Finance. to Attainment of the 1997 Annual Standard EC–2744. A communication from the Chief Development Block Grant Act of 1990 to im- and the 2006 24-Hour Standard for Fine Par- of the Publications and Regulations Branch, prove child safety and reduce the incidence ticulate Matter’’ (FRL No. 9900–49–Region 5) Internal Revenue Service, Department of the of preventable infant deaths in child care settings; to the Committee on Health, Edu- received in the Office of the President of the Treasury, transmitting, pursuant to law, the cation, Labor, and Pensions. Senate on September 9, 2013; to the Com- report of a rule entitled ‘‘Limitations on Du- By Mr. CASEY: mittee on Environment and Public Works. plication of Net Built-in Losses’’ (RIN1545– EC–2736. A communication from the Direc- S. 1495. A bill to direct the Administrator BE58) received in the Office of the President tor of the Regulatory Management Division, of the Federal Aviation Administration to of the Senate on September 9, 2013; to the Environmental Protection Agency, transmit- issue an order with respect to secondary Committee on Finance. ting, pursuant to law, the report of a rule en- cockpit barriers, and for other purposes; to EC–2745. A communication from the Direc- titled ‘‘Revisions to the California State Im- the Committee on Commerce, Science, and tor, Office of Regulations and Reports Clear- plementation Plan, Placer County Air Pollu- Transportation. ance, Social Security Administration, trans- tion Control District’’ (FRL No. 9842–4) re- By Mr. KIRK: mitting, pursuant to law, the report of a rule ceived in the Office of the President of the S. 1496. A bill to enhance taxpayer ac- entitled ‘‘Extension of Expiration Dates for Senate on September 9, 2013; to the Com- countability at public transportation agen- Two Body System Listings’’ (RIN0960–AH60) mittee on Environment and Public Works. cies; to the Committee on Banking, Housing, EC–2737. A communication from the Direc- received during adjournment of the Senate and Urban Affairs. in the Office of the President of the Senate tor of the Regulatory Management Division, f Environmental Protection Agency, transmit- on September 4, 2013; to the Committee on ting, pursuant to law, the report of a rule en- Finance. SUBMISSION OF CONCURRENT AND titled ‘‘Approval and Promulgation of Air EC–2746. A communication from the Chief SENATE RESOLUTIONS Quality Implementation Plans; State of of the Border Security Regulations Branch, Customs and Border Protection, Department The following concurrent resolutions Florida; Regional Haze State Implementa- and Senate resolutions were read, and tion Plan’’ (FRL No. 9900–31–Region 4) re- of Homeland Security, transmitting, pursu- ceived in the Office of the President of the ant to law, the report of a rule entitled ‘‘Ex- referred (or acted upon), as indicated: Senate on September 9, 2013; to the Com- tension of Port Limits of Indianapolis, IN’’ By Mr. CARDIN (for himself and Mr. mittee on Environment and Public Works. (CBP Dec. 13–13) received during adjourn- ENZI): EC–2738. A communication from the Direc- ment of the Senate in the Office of the Presi- S. Res. 222. A resolution supporting the tor of the Regulatory Management Division, dent of the Senate on September 4, 2013; to goals and ideals of National Save for Retire- Environmental Protection Agency, transmit- the Committee on Finance. ment week, including raising public aware- ting, pursuant to law, the report of a rule en- EC–2747. A communication from the Chief ness of the various tax-preferred retirement titled ‘‘Approval and Promulgation of Imple- of the Publications and Regulations Branch, vehicles and increasing personal financial mentation Plans; State of Missouri; St. Internal Revenue Service, Department of the literacy; considered and agreed to. Treasury, transmitting, pursuant to law, the Louis Area Transportation Conformity Re- f quirements’’ (FRL No. 9900–41–Region 7) re- report of a rule entitled ‘‘Disclosures of Re- ceived in the Office of the President of the turn Information Reflected on Returns to Of- ADDITIONAL COSPONSORS ficers and Employees of the Department of Senate on September 9, 2013; to the Com- S. 15 Commerce for Certain Statistical Purposes mittee on Environment and Public Works. At the request of Mr. PAUL, the name EC–2739. A communication from the Direc- and Related Activities’’ (RIN1545–BL66) re- tor of the Regulatory Management Division, ceived during adjournment of the Senate in of the Senator from South Carolina Environmental Protection Agency, transmit- the Office of the President of the Senate on (Mr. SCOTT) was added as a cosponsor ting, pursuant to law, the report of a rule en- August 29, 2013; to the Committee on Fi- of S. 15, a bill to amend chapter 8 of titled ‘‘Revisions to the California State Im- nance. title 5, United States Code, to provide plementation Plan, Placer, Santa Barbara EC–2748. A communication from the Chief that major rules of the executive and Ventura County Air Pollution Control of the Publications and Regulations Branch, branch shall have no force or effect un- Districts’’ (FRL No. 9835–4) received in the Internal Revenue Service, Department of the less a joint resolution of approval is en- Treasury, transmitting, pursuant to law, the Office of the President of the Senate on Sep- acted into law. tember 9, 2013; to the Committee on Environ- report of a rule entitled ‘‘Use of Differential ment and Public Works. Income Stream as an Application of the In- S. 84 EC–2740. A communication from the Direc- come Method and as a Consideration in As- At the request of Ms. MIKULSKI, the tor of the Regulatory Management Division, sessing the Best Method’’ (RIN1545–BK71) re- name of the Senator from Hawaii (Mr.

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.008 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6378 CONGRESSIONAL RECORD — SENATE September 11, 2013 SCHATZ) was added as a cosponsor of S. S. 535 to educate breast cancer patients an- 84, a bill to amend the Fair Labor At the request of Mr. RUBIO, the ticipating surgery, especially patients Standards Act of 1938 to provide more name of the Senator from Nevada (Mr. who are members of racial and ethnic effective remedies to victims of dis- HELLER) was added as a cosponsor of S. minority groups, regarding the avail- crimination in the payment of wages 535, a bill to require a study and report ability and coverage of breast recon- on the basis of sex, and for other pur- by the Small Business Administration struction, prostheses, and other op- poses. regarding the costs to small business tions. S. 296 concerns of Federal regulations. S. 1069 At the request of Mr. LEAHY, the S. 557 At the request of Mrs. GILLIBRAND, name of the Senator from Massachu- At the request of Mrs. HAGAN, the the name of the Senator from Massa- setts (Mr. MARKEY) was added as a co- names of the Senator from Vermont chusetts (Mr. MARKEY) was added as a sponsor of S. 296, a bill to amend the (Mr. LEAHY) and the Senator from Or- cosponsor of S. 1069, a bill to prohibit Immigration and Nationality Act to egon (Mr. MERKLEY) were added as co- discrimination in adoption or foster eliminate discrimination in the immi- sponsors of S. 557, a bill to amend title care placements based on the sexual gration laws by permitting permanent XVIII of the Social Security Act to im- orientation, gender identity, or marital partners of United States citizens and prove access to medication therapy status of any prospective adoptive or lawful permanent residents to obtain management under part D of the Medi- foster parent, or the sexual orientation lawful permanent resident status in care program. or gender identity of the child in- the same manner as spouses of citizens S. 577 volved. and lawful permanent residents and to At the request of Mr. NELSON, the S. 1088 penalize immigration fraud in connec- name of the Senator from Minnesota At the request of Mr. FRANKEN, the tion with permanent partnerships. (Mr. FRANKEN) was added as a cospon- name of the Senator from Massachu- S. 357 sor of S. 577, a bill to amend title XVIII setts (Mr. MARKEY) was added as a co- At the request of Mr. CARDIN, the of the Social Security Act to provide sponsor of S. 1088, a bill to end dis- name of the Senator from California for the distribution of additional resi- crimination based on actual or per- (Mrs. FEINSTEIN) was added as a co- dency positions, and for other pur- ceived sexual orientation or gender sponsor of S. 357, a bill to encourage, poses. identity in public schools, and for enhance, and integrate Blue Alert S. 629 other purposes. plans throughout the United States in At the request of Mr. PRYOR, the S. 1123 order to disseminate information when name of the Senator from Florida (Mr. At the request of Mr. CARPER, the a law enforcement officer is seriously RUBIO) was added as a cosponsor of S. name of the Senator from Rhode Island injured or killed in the line of duty. 629, a bill to amend title 38, United (Mr. WHITEHOUSE) was added as a co- S. 381 States Code, to recognize the service in sponsor of S. 1123, a bill to amend titles At the request of Mr. BROWN, the the reserve components of the Armed XVIII and XIX of the Social Security names of the Senator from Michigan Forces of certain persons by honoring Act to curb waste, fraud, and abuse in (Mr. LEVIN), the Senator from Colorado them with status as veterans under the Medicare and Medicaid programs. (Mr. UDALL) and the Senator from law, and for other purposes. S. 1158 Maryland (Mr. CARDIN) were added as S. 631 cosponsors of S. 381, a bill to award a At the request of Mr. WARNER, the At the request of Mr. HARKIN, the Congressional Gold Medal to the World names of the Senator from Colorado name of the Senator from Massachu- War II members of the ‘‘Doolittle (Mr. UDALL) and the Senator from setts (Mr. MARKEY) was added as a co- Tokyo Raiders’’, for outstanding her- Florida (Mr. RUBIO) were added as cosponsor of S. 631, a bill to allow Ameri- oism, valor, skill, and service to the sponsors of S. 1158, a bill to require the cans to earn paid sick time so that United States in conducting the bomb- Secretary of the Treasury to mint they can address their own health ings of Tokyo. coins commemorating the 100th anni- needs and the health needs of their versary of the establishment of the Na- S. 403 families. tional Park Service, and for other pur- At the request of Mr. CASEY, the name of the Senator from Massachu- S. 727 poses. setts (Mr. MARKEY) was added as a co- At the request of Mr. MORAN, the S. 1174 sponsor of S. 403, a bill to amend the name of the Senator from South Caro- At the request of Mr. BLUMENTHAL, Elementary and Secondary Education lina (Mr. SCOTT) was added as a cospon- the names of the Senator from Alaska Act of 1965 to address and take action sor of S. 727, a bill to improve the ex- (Mr. BEGICH) and the Senator from to prevent bullying and harassment of amination of depository institutions, West Virginia (Mr. MANCHIN) were students. and for other purposes. added as cosponsors of S. 1174, a bill to S. 411 S. 815 award a Congressional Gold Medal to At the request of Mr. ROCKEFELLER, At the request of Mr. MERKLEY, the the 65th Infantry Regiment, known as the names of the Senator from Alaska name of the Senator from Massachu- the Borinqueneers. (Ms. MURKOWSKI) and the Senator from setts (Mr. MARKEY) was added as a co- S. 1188 Maine (Ms. COLLINS) were added as cosponsor of S. 815, a bill to prohibit the At the request of Ms. COLLINS, the sponsors of S. 411, a bill to amend the employment discrimination on the name of the Senator from Ohio (Mr. Internal Revenue Code of 1986 to extend basis of sexual orientation or gender PORTMAN) was added as a cosponsor of and modify the railroad track mainte- identity. S. 1188, a bill to amend the Internal nance credit. S. 888 Revenue Code of 1986 to modify the def- S. 460 At the request of Mr. JOHANNS, the inition of full-time employee for pur- At the request of Mr. HARKIN, the name of the Senator from Kentucky poses of the individual mandate in the name of the Senator from Massachu- (Mr. MCCONNELL) was added as a co- Patient Protection and Affordable Care setts (Mr. MARKEY) was added as a cosponsor of S. 888, a bill to provide end Act. sponsor of S. 460, a bill to provide for user exemptions from certain provi- S. 1208 an increase in the Federal minimum sions of the Commodity Exchange Act At the request of Mr. TESTER, the wage. and the Securities Exchange Act of name of the Senator from Kansas (Mr. S. 462 1934. ROBERTS) was added as a cosponsor of At the request of Mrs. BOXER, the S. 931 S. 1208, a bill to require meaningful dis- name of the Senator from Utah (Mr. At the request of Mr. BLUNT, the closures of the terms of rental-pur- LEE) was added as a cosponsor of S. 462, name of the Senator from Maine (Ms. chase agreements, including disclo- a bill to enhance the strategic partner- COLLINS) was added as a cosponsor of S. sures of all costs to consumers under ship between the United States and 931, a bill to amend the Public Health such agreements, to provide certain Israel. Service Act to raise awareness of, and substantive rights to consumers under

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.011 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6379 such agreements, and for other pur- participation of optometrists in the related to prevention strategies for poses. National Health Service Corps scholar- sudden unexpected infant death, are in- S. 1271 ship and loan repayment programs, and cluded in as an allowable use of funds. At the request of Mr. RUBIO, the for other purposes. According to the Centers for Disease name of the Senator from Nebraska S. 1456 Control, CDC, and the American Acad- (Mr. JOHANNS) was added as a cospon- At the request of Ms. AYOTTE, the emy of Pediatrics, half of the approxi- sor of S. 1271, a bill to direct the Presi- names of the Senator from New York mately 4,500 SUID cases in the United States are entirely preventable with ef- dent to establish guidelines for the (Mr. SCHUMER) and the Senator from fective training and implementation of United States foreign assistance pro- Maine (Ms. COLLINS) were added as co- grams, and for other purposes. sponsors of S. 1456, a bill to award the correct sleep practices. It is estimated Congressional Gold Medal to Shimon that child care settings account for 20 S. 1282 percent of all SUID fatalities in the Peres. At the request of Ms. WARREN, the United States. Life-saving sleep strate- name of the Senator from Vermont S. 1457 gies, first aid and CPR are successful in (Mr. SANDERS) was added as a cospon- At the request of Mr. MCCONNELL, preventing infant death and are easily sor of S. 1282, a bill to reduce risks to the name of the Senator from Lou- implementable; yet training is not cur- the financial system by limiting banks’ isiana (Ms. LANDRIEU) was added as a rently an allowable use of funds under ability to engage in certain risky ac- cosponsor of S. 1457, a bill to exempt the Child Care and Development Block tivities and limiting conflicts of inter- the aging process of distilled spirits Grant Act. est, to reinstate certain Glass-Steagall from the production period for pur- Nationally, over 4,500 infants die sud- Act protections that were repealed by poses of capitalization of interest denly with no immediate obvious cause the Gramm-Leach-Bliley Act, and for costs. every year. These deaths are not highly other purposes. S. 1476 publicized by the media because of the S. 1302 At the request of Mr. REED, the name severe pain it causes families. A large At the request of Mr. HARKIN, the of the Senator from Vermont (Mr. percentage of child care providers are name of the Senator from New Mexico SANDERS) was added as a cosponsor of unaware of the risks of sleep associated (Mr. HEINRICH) was added as a cospon- S. 1476, a bill to amend the Internal infant deaths until they come face-to- sor of S. 1302, a bill to amend the Em- Revenue Code of 1986 to expand the de- face with a death of a child under their ployee Retirement Income Security nial of deduction for certain excessive care. The more aware providers are of Act of 1974 and the Internal Revenue employee remuneration, and for other safe sleep practices, the more likely Code of 1986 to provide for cooperative purposes. they are to follow suggested guidelines. In particular, posting safe-sleep prac- and small employer charity pension S. 1490 tices and offering required training can plans. At the request of Mr. FLAKE, the further cut the number of infants we S 1320 name of the Senator from Pennsyl- . lose every year to sudden unexpected vania (Mr. TOOMEY) was added as a co- At the request of Mr. DONNELLY, the infant death. Beyond safe sleep prac- sponsor of S. 1490, a bill to delay the name of the Senator from Nebraska tices, child care provider training in (Mr. JOHANNS) was added as a cospon- application of the Patient Protection CPR and first aid will allow providers sor of S. 1320, a bill to establish a and Affordable Care Act. to identify and address potentially tiered hiring preference for members of S. RES. 203 harmful situations for infants. the reserve components of the armed At the request of Mrs. FEINSTEIN, the The Child Care Infant Mortality Pre- forces. name of the Senator from New Hamp- vention Act of 2013 expands the list of S. 1332 shire (Mrs. SHAHEEN) was added as a co- allowable uses for CCDBG funding to At the request of Ms. COLLINS, the sponsor of S. Res. 203, a resolution ex- permit states to use this funding on ac- name of the Senator from Massachu- pressing the sense of the Senate re- tivities to improve child care quality. setts (Ms. WARREN) was added as a co- garding efforts by the United States to Our bill would also require the Sec- sponsor of S. 1332, a bill to amend title resolve the Israeli-Palestinian conflict retary to update and make widely XVIII of the Social Security Act to en- through a negotiated two-state solu- available-training, instructional mate- sure more timely access to home tion. rials, and other information on safe health services for Medicare bene- f sleep practices and other sudden unex- ficiaries under the Medicare program. pected infant death prevention strate- STATEMENTS ON INTRODUCED gies. S. 1369 BILLS AND JOINT RESOLUTIONS I am proud that Senator SUSAN COL- At the request of Mr. BROWN, the By Mrs. FEINSTEIN (for herself, LINS has joined me as an original co- name of the Senator from Virginia (Mr. Ms. COLLINS, and Mrs. HAGAN): sponsor of this bill. WARNER) was added as a cosponsor of S. S. 1494. A bill to amend the Child It is essential that this issue is ad- 1369, a bill to provide additional flexi- Care and Development Block Grant Act dressed by building upon the existing bility to the Board of Governors of the of 1990 to improve child safety and re- structure and capacity of the networks Federal Reserve System to establish duce the incidence of preventable in- of Child Care providers participating in capital standards that are properly tai- fant deaths in child care settings; to the Child Care and Development Block lored to the unique characteristics of the Committee on Health, Education, Grant. It is critical that we work to en- the business of insurance, and for other Labor, and Pensions. sure that child safety is a primary goal purposes. Mrs. FEINSTEIN. Mr. President, I of the block grant, and that appro- S. 1405 rise today on behalf of myself and Sen- priate and adequate training on safe At the request of Mr. SCHUMER, the ator COLLINS, to introduce the Child sleep practices, first aid, and CPR are names of the Senator from Vermont Care Infant Mortality Act. This is bi- included in the training regimen pro- (Mr. SANDERS) and the Senator from partisan legislation that would allow moted by this Act. Maine (Ms. COLLINS) were added as co- states participating in the Child Care Mr. President, I ask unanimous con- sponsors of S. 1405, a bill to amend title Development Block Grant, CCDBG, to sent that the text of the bill be printed XVIII of the Social Security Act to use part of this funding for child safety in the RECORD. There being no objection, the text of provide for an extension of certain am- training. the bill was ordered to be printed in bulance add-on payments under the Currently, states participating in the RECORD, as follows: Medicare program. Child Care Development Block Grant, S. 1494 S. 1445 CCDBG, are required to set aside at Be it enacted by the Senate and House of Rep- At the request of Mr. PRYOR, the least 4 percent of funds to improve the resentatives of the United States of America in name of the Senator from Montana quality of the programs offered in their Congress assembled, (Mr. TESTER) was added as a cosponsor states. Our bill would simply ensure SECTION 1. SHORT TITLE. of S. 1445, a bill to amend the Public that strategies to enhance child safety, This Act may be cited as the ‘‘Child Care Health Service Act to provide for the including disseminating information Infant Mortality Prevention Act of 2013’’.

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.012 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6380 CONGRESSIONAL RECORD — SENATE September 11, 2013 SEC. 2. FINDINGS AND PURPOSES. suscitation), and other activities designed to should step in to put in place reason- (a) FINDINGS.—Congress finds the fol- ensure and improve the health and safety of able taxpayer protections. lowing: children receiving child care services under Today I have introduced the Public (1) For millions of today’s working fami- this subchapter.’’. Transportation Accountability Act lies, child care is an essential ingredient of SEC. 6. DISSEMINATION OF MATERIALS AND IN- their success. Child care helps children, fam- FORMATION ON SAFE SLEEP AND which for the first time will put limits ilies, and communities prosper, and helps the OTHER SUDDEN UNEXPECTED IN- on executive compensation at public Nation maintain its competitive edge. FANT DEATH PREVENTION STRATE- transit agencies that receive federal (2) Close to 12,000,000 children under age 5, GIES. funds. No executive or employee of a and 10,000,000 over the age of 5, are in some Section 658K of the Child Care and Devel- transit agency would be able to receive opment Block Grant Act of 1990 (42 U.S.C. type of child care setting each day. annual compensation that is greater (3) More than 60 percent of children are 9858i) is amended— (1) by striking the section header and in- than that of the President of the cared for regularly in a child care setting. United States. This is a common sense (4) Recent polls of working parents found serting the following: that parents are primarily concerned about ‘‘SEC. 658K. REPORTS, AUDITS, AND INFORMA- bill that sadly is necessary to safe- safety and quality of care, followed by cost. TION.’’ guard taxpayers’ pocketbooks. (5) Nationally, the most common form of ; and f death among post-neonatal infants under age (2) by adding at the end the following: ‘‘(c) INFORMATION ON SUDDEN UNEXPECTED 1 is death occurring during sleep, as a result SUBMITTED RESOLUTIONS of incorrect sleeping practices. INFANT DEATH PREVENTION STRATEGIES.—The (6) According to the Centers for Disease Secretary, working with the Director of the Control and Prevention, each year in the Centers for Disease Control and Prevention United States, more than 4,500 infants die and the Director of the Eunice Kennedy SENATE RESOLUTION 222—SUP- suddenly of no immediately obvious cause. Shriver National Institute of Child Health PORTING THE GOALS AND Half of these sudden unexpected infant and Human Development, shall— IDEALS OF NATIONAL SAVE FOR ‘‘(1) update training, instructional mate- deaths are due to Sudden Infant Death Syn- RETIREMENT WEEK, INCLUDING drome, the leading cause of sudden unex- rials, and other information on safe sleep practices and other sudden unexpected infant RAISING PUBLIC AWARENESS OF pected infant deaths and all deaths among THE VARIOUS TAX-PREFERRED infants who are not younger than 1 month death prevention strategies; and but younger than 12 months. ‘‘(2) widely distribute the training, mate- RETIREMENT VEHICLES AND IN- (7) Researchers estimate that child care rials, and information to parents, child care CREASING PERSONAL FINANCIAL settings account for at least 20 percent of providers, pediatricians, home visitors, com- LITERACY munity colleges, and other individuals and sudden unexpected infant deaths in the Mr. CARDIN (for himself and Mr. United States. entities.’’. ENZI) submitted the following resolu- (8) In its 2011 report on child care center licensing regulations, Child Care Aware of By Mr. KIRK: tion; which was considered and agreed America, formerly known as the National S. 1496. A bill to enhance taxpayer to: Association of Child Care Resource and Re- accountability at public transportation S. RES. 222 ferral Agencies, noted that— agencies; to the Committee on Bank- Whereas people in the United States are (A) extensive research and recommenda- ing, Housing, and Urban Affairs. living longer, and the cost of retirement is tions from organizations like the American Mr. KIRK. Mr. President, I rise to ad- increasing significantly; Academy of Pediatrics and the National Cen- dress a crisis of confidence at Whereas Social Security remains the bed- ters for Disease Control and Prevention Chicagoland’s suburban commuter rail- rock of retirement income for the great ma- favor simple life-saving safe sleep strategies jority of the people of the United States but to eliminate serious risk factors for Sudden road—Metra. Metra plays a vital role for our area—reducing congestion and was never intended by Congress to be the Infant Death Syndrome and sudden unex- sole source of retirement income for fami- pected infant death; and carrying thousands of suburban resi- lies; (B) the strategies noted in subparagraph dents to and from Chicago each day. Whereas recent data from the Employee (A) are not universally required under the But recent developments highlight a Benefit Research Institute indicates that, in Child Care and Development Block Grant troubled transit system and a misuse the United States, less than 3⁄5 of workers or Act of 1990 nor in the majority of State child of public dollars. their spouses are saving for retirement, and care regulations. Earlier this summer it was reported the amount that workers have saved for re- SEC. 3. GOALS. that Metra CEO Alex Clifford received tirement is much less than the amount they Section 658A(b)(5) of the Child Care and De- a severance package worth nearly need to adequately fund their retirement velopment Block Grant Act of 1990 (42 U.S.C. years; 9858 note) is amended to read as follows: $750,000 following allegations of polit- Whereas the financial literacy of workers ‘‘(5) to ensure the health, safety, develop- ical influence at the agency. Clifford in the United States is important to their ment and well-being of children in programs received $442,237 alone just to buyout understanding of the need to save for retire- supported under this subchapter and to as- the remaining term of his contract, on ment; sist States in improving the overall quality top of $307,390 for an additional 12 Whereas saving for retirement is a key of child care services and programs by imple- months if he is unable to find new em- component of overall financial health and se- menting the health, safety, licensing, and ployment. curity during retirement years, and the im- oversight standards established in State law This is a gross misuse of public dol- portance of financial literacy in planning for (including regulations).’’. lars. With this action, Metra’s former retirement must be advocated; SEC. 4. APPLICATION AND PLAN. Whereas many workers may not be aware Section 658E(c)(2)(F) of the Child Care and CEO makes more than President of their options in saving for retirement or Development Block Grant Act of 1990 (42 Obama, who currently makes $400,000 a may not have focused on the importance of, U.S.C. 6858c(c)(2)(F)) is amended by striking year. I asked the Congressional Re- and need for, saving for retirement; clause (iii) and all that follows and inserting search Service how this golden para- Whereas, although many employees have the following: chute ranks compared to the annual access through their employers to defined ‘‘(iii) minimum health and safety training salary of the top ten largest transit benefit and defined contribution plans to as- appropriate to the provider setting, includ- agencies in the country, and the re- sist them in preparing for retirement, many ing training on cardiopulmonary resuscita- sults were surprising. Each of the top of those employees may not be taking advan- tion, first aid, safe sleep practices and other tage of those plans at all or to the full extent sudden unexpected infant death prevention 10 largest transit systems pays their allowed by Federal law; strategies.’’. chief executive no more than $350,000, Whereas saving for retirement is necessary SEC. 5. ACTIVITIES TO PROMOTE CHILD SAFETY meaning Metra, the 24th largest transit even during economic downturns or market AND IMPROVE THE QUALITY OF agency in the country, had the highest declines, which makes continued contribu- CHILD CARE. earning CEO. tions all the more important; Section 658G of the Child Care and Devel- Fortunately federal taxpayer dollars Whereas all workers, including public and opment Block Grant Act of 1990 (42 U.S.C. did not contribute to Clifford’s golden private sector employees, employees of tax- 9858e) is amended— parachute. But Metra is expected to re- exempt organizations, and self-employed in- (1) by striking ‘‘choice, and’’ and inserting dividuals, can benefit from developing per- ‘‘choice,’’; and ceive more than $135 million in federal sonal budgets and financial plans that in- (2) by striking the period and inserting capital dollars. If our local government clude retirement savings strategies that ‘‘training (including training in safe sleep bodies can’t be trusted to be good stew- take advantage of tax-preferred retirement practices, first aid, and cardiopulmonary re- ards of the public, then the Congress savings vehicles; and

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.013 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6381 Whereas the week October 20 through Oc- 1392, supra; which was ordered to lie on the SA 1884. Mr. INHOFE submitted an amend- tober 26, 2013 has been designated as ‘‘Na- table. ment intended to be proposed by him to the tional Save for Retirement Week’’: Now, SA 1865. Mr. TOOMEY (for himself, Mr. bill S. 1392, supra; which was ordered to lie therefore, be it COBURN, Mr. FLAKE, and Mr. RISCH) sub- on the table. Resolved, That the Senate— mitted an amendment intended to be pro- SA 1885. Ms. LANDRIEU (for herself and (1) supports the goals and ideals of Na- posed by him to the bill S. 1392, supra; which Mr. WICKER) submitted an amendment in- tional Save for Retirement Week, including was ordered to lie on the table. tended to be proposed by her to the bill S. raising public awareness of the importance SA 1866. Mr. VITTER (for himself, Mr. 1392, supra; which was ordered to lie on the of saving adequately for retirement; ENZI, Mr. HELLER, Mr. LEE, Mr. JOHNSON of table. (2) supports the need to raise public aware- Wisconsin, and Mr. INHOFE) submitted an SA 1886. Ms. LANDRIEU (for herself, Mr. ness of a variety of ways to save for retire- amendment intended to be proposed by him WICKER, and Mr. PRYOR) submitted an ment that are favored under the Internal to the bill S. 1392, supra; which was ordered amendment intended to be proposed by her Revenue Code of 1986 and that, although uti- to lie on the table. to the bill S. 1392, supra; which was ordered lized by many people in the United States, SA 1867. Mr. COBURN submitted an amend- to lie on the table. should be utilized by more; and ment intended to be proposed by him to the (3) calls on States, localities, schools, uni- bill S. 1392, supra; which was ordered to lie f versities, nonprofit organizations, busi- on the table. nesses, other entities, and the people of the SA 1868. Mr. COBURN submitted an amend- TEXT OF AMENDMENTS United States to observe National Save for ment intended to be proposed by him to the bill S. 1392, supra; which was ordered to lie SA 1852. Mr. WHITEHOUSE (for him- Retirement Week with appropriate programs self and Mrs. BOXER) submitted an and activities, with the goal of increasing on the table. SA 1869. Mr. COBURN submitted an amend- amendment intended to be proposed by the retirement savings and personal finan- ment intended to be proposed by him to the cial literacy of all people in the United him to the bill S. 1392, to promote en- bill S. 1392, supra; which was ordered to lie States. ergy savings in residential buildings on the table. and industry, and for other purposes; f SA 1870. Mr. COBURN submitted an which was ordered to lie on the table; AMENDMENTS SUBMITTED AND amendment intended to be proposed by him to the bill S. 1392, supra; which was ordered as follows: PROPOSED to lie on the table. At the beginning of title IV, insert the fol- SA 1852. Mr. WHITEHOUSE (for himself SA 1871. Mr. MCCONNELL (for himself, Mr. lowing: and Mrs. BOXER) submitted an amendment COATS, Mr. CORNYN, Mr. COBURN, Mr. ALEX- SEC. 4ll. BUDGET-NEUTRAL DEMONSTRATION intended to be proposed by him to the bill S. ANDER, Mr. BARRASSO , Mr. BURR, Mr. RISCH, PROGRAM FOR ENERGY AND WATER 1392, to promote energy savings in residen- Mr. JOHANNS, Ms. AYOTTE, Mr. BLUNT, Mr. CONSERVATION IMPROVEMENTS AT tial buildings and industry, and for other MORAN, and Mr. HOEVEN) submitted an MULTIFAMILY RESIDENTIAL UNITS. purposes; which was ordered to lie on the amendment intended to be proposed by him (a) ESTABLISHMENT.—The Secretary of table. to the bill S. 1392, supra; which was ordered Housing and Urban Development (referred to SA 1853. Mr. BARRASSO (for himself, Mr. to lie on the table. in this section as the ‘‘Secretary’’) shall es- ENZI, and Mr. FLAKE) submitted an amend- SA 1872. Mr. VITTER submitted an amend- tablish a demonstration program under ment intended to be proposed by him to the ment intended to be proposed by him to the which, during the period beginning on Octo- bill S. 1392, supra; which was ordered to lie bill S. 1392, supra; which was ordered to lie ber 1, 2013, and ending on September 30, 2016, on the table. on the table. the Secretary may enter into budget-neu- SA 1854. Mr. BARRASSO (for himself and SA 1873. Mr. COBURN submitted an tral, performance-based agreements that re- Mr. FLAKE) submitted an amendment in- amendment intended to be proposed by him sult in a reduction in energy or water costs tended to be proposed by him to the bill S. to the bill S. 1392, supra; which was ordered with such entities as the Secretary deter- 1392, supra; which was ordered to lie on the to lie on the table. mines to be appropriate under which the en- table. SA 1874. Mr. COBURN submitted an tities shall carry out projects for energy or SA 1855. Mr. FRANKEN submitted an amendment intended to be proposed by him water conservation improvements at not amendment intended to be proposed by him to the bill S. 1392, supra; which was ordered more than 20,000 residential units in multi- to the bill S. 1392, supra; which was ordered to lie on the table. family buildings participating in— to lie on the table. SA 1875. Mr. COBURN submitted an (1) the project-based rental assistance pro- SA 1856. Ms. KLOBUCHAR (for herself and amendment intended to be proposed by him gram under section 8 of the United States to the bill S. 1392, supra; which was ordered Mr. HOEVEN) submitted an amendment in- Housing Act of 1937 (42 U.S.C. 1437f), other tended to be proposed by her to the bill S. to lie on the table. than assistance provided under section 8(o) SA 1876. Mr. THUNE submitted an amend- 1392, supra; which was ordered to lie on the of that Act; ment intended to be proposed by him to the table. (2) the supportive housing for the elderly bill S. 1392, supra; which was ordered to lie SA 1857. Mr. RUBIO submitted an amend- program under section 202 of the Housing on the table. ment intended to be proposed by him to the Act of 1959 (12 U.S.C. 1701q); or SA 1877. Mr. BENNET (for himself and Mr. bill S. 1392, supra; which was ordered to lie (3) the supportive housing for persons with COBURN) submitted an amendment intended disabilities program under section 811(d)(2) on the table. to be proposed by him to the bill S. 1392, SA 1858. Mr. WYDEN (for Mr. MERKLEY) of the Cranston-Gonzalez National Afford- supra; which was ordered to lie on the table. proposed an amendment to the bill S. 1392, SA 1878. Mr. BLUMENTHAL submitted an able Housing Act (42 U.S.C. 8013(d)(2)). EQUIREMENTS.— supra. amendment intended to be proposed by him (b) R (1) PAYMENTS CONTINGENT ON SAVINGS.— SA 1859. Ms. STABENOW submitted an to the bill S. 1392, supra; which was ordered (A) IN GENERAL.—The Secretary shall pro- amendment intended to be proposed by her to lie on the table. to the bill S. 1392, supra; which was ordered SA 1879. Mr. SESSIONS (for himself and vide to an entity a payment under an agree- to lie on the table. Mr. PRYOR) submitted an amendment in- ment under this section only during applica- SA 1860. Mrs. GILLIBRAND submitted an tended to be proposed by him to the bill S. ble years for which an energy or water cost amendment intended to be proposed by her 1392, supra; which was ordered to lie on the savings is achieved with respect to the appli- to the bill S. 1392, supra; which was ordered table. cable multifamily portfolio of properties, as to lie on the table. SA 1880. Mr. LEE submitted an amendment determined by the Secretary, in accordance SA 1861. Mr. JOHNSON of Wisconsin (for intended to be proposed by him to the bill S. with subparagraph (B). himself and Mr. COBURN) submitted an 1392, supra; which was ordered to lie on the (B) PAYMENT METHODOLOGY.— amendment intended to be proposed by him table. (i) IN GENERAL.—Each agreement under to the bill S. 1392, supra; which was ordered SA 1881. Mr. PRYOR (for himself, Mr. this section shall include a pay-for-success to lie on the table. ALEXANDER, Mr. BEGICH, Mr. BOOZMAN, Mr. provision— SA 1862. Mr. JOHNSON of Wisconsin (for COONS, Mr. HEINRICH, Mr. TESTER, and Mr. (I) that will serve as a payment threshold himself and Mr. COBURN) submitted an UDALL of New Mexico) submitted an amend- for the term of the agreement; and amendment intended to be proposed by him ment intended to be proposed by him to the (II) pursuant to which the Department of to the bill S. 1392, supra; which was ordered bill S. 1392, supra; which was ordered to lie Housing and Urban Development shall share to lie on the table. on the table. a percentage of the savings at a level deter- SA 1863. Mr. ENZI (for himself, Mr. BAR- SA 1882. Mr. INHOFE submitted an amend- mined by the Secretary that is sufficient to RASSO, and Mr. FLAKE) submitted an amendment intended to be proposed by him to the cover the administrative costs of carrying ment intended to be proposed by him to the bill S. 1392, supra; which was ordered to lie out this section. bill S. 1392, supra; which was ordered to lie on the table. (ii) LIMITATIONS.—A payment made by the on the table. SA 1883. Mr. INHOFE submitted an amend- Secretary under an agreement under this SA 1864. Mr. ENZI (for himself and Mr. ment intended to be proposed by him to the section shall— BARRASSO) submitted an amendment in- bill S. 1392, supra; which was ordered to lie (I) be contingent on documented utility tended to be proposed by him to the bill S. on the table. savings; and

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.039 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6382 CONGRESSIONAL RECORD — SENATE September 11, 2013 (II) not exceed the utility savings achieved (B) the issuance of that memorandum cir- Conservation Act, until the date the Sec- by the date of the payment, and not pre- cumvents Congress and the will of the people retary conducts an advanced notice of pro- viously paid, as a result of the improvements of the United States; posed rulemaking and promulgates a pro- made under the agreement. (C) any action to control emissions of posed and final rule on the social cost of car- (C) THIRD PARTY VERIFICATION.—Savings greenhouse gases from existing coal fired bon, the Secretary and the heads of other payments made by the Secretary under this power plants in the United States by man- Federal agencies shall not consider in any section shall be based on a measurement and dating a national energy tax would devastate proceeding, regulation, decision, or action to verification protocol that includes at least— major sectors of the economy, cost thou- implement this Act or an amendment made (i) establishment of a weather-normalized sands of jobs, and increase energy costs for by this Act the social cost of carbon, as de- and occupancy-normalized utility consump- low-income households, small businesses, scribed in— tion baseline established preretrofit; and seniors on fixed income; (1) the document entitled ‘‘Technical Sup- (ii) annual third party confirmation of ac- (D) joblessness increases the likelihood of port Document: Technical Update of the So- tual utility consumption and cost for owner- hospital visits, illnesses, and premature cial Cost of Carbon for Regulatory Impact paid utilities; deaths; Analysis under Executive Order 12866’’, dated (iii) annual third party validation of the (E) according to testimony on June 15, May 2013; tenant utility allowances in effect during the 2011, before the Committee on Environment (2) the document entitled ‘‘Technical Sup- applicable year and vacancy rates for each and Public Works of the Senate by Dr. Har- port Document: Technical Update of the So- unit type; and vey Brenner of Johns Hopkins University, cial Cost of Carbon for Regulatory Impact (iv) annual third party determination of ‘‘The unemployment rate is well established Analysis under Executive Order 12866’’, dated savings to the Secretary. as a risk factor for elevated illness and mor- February 2010; or (2) TERM.—The term of an agreement under tality rates in epidemiological studies per- (3) any other similar document. this section shall be not longer than 12 formed since the early 1980s. In addition to (b) EFFECT ON REGULATIONS.—Subsection years. influences on mental disorder, suicide and (a) shall not affect any final rule that has (3) ENTITY ELIGIBILITY.—The Secretary alcohol abuse and alcoholism, unemploy- been published in the Federal Register before shall— ment is also an important risk factor in car- the date of enactment of this Act. (A) establish a competitive process for en- diovascular disease and overall decreases in tering into agreements under this section; life expectancy.’’; SA 1855. Mr. FRANKEN submitted an and (F) according to the National Center for amendment intended to be proposed by (B) enter into such agreements only with Health Statistics, ‘‘children in poor families him to the bill S. 1392, to promote en- entities that demonstrate significant experi- were four times as likely to be in fair or poor ergy savings in residential buildings health as children that were not poor’’; ence relating to— and industry, and for other purposes; (i) financing and operating properties re- (G) any major decision that would cost the ceiving assistance under a program described economy of the United States millions of which was ordered to lie on the table; in subsection (a); dollars and lead to serious negative health as follows: (ii) oversight of energy and water con- effects for the people of the United States At the end of title I, add the following: servation programs, including oversight of should be debated and explicitly authorized Subtitle C—Energy Information for contractors; and by Congress, not approved by a Presidential Commercial Buildings (iii) raising capital for energy and water memorandum or regulations; and (H) any policy adopted by Congress should SEC. 121. ENERGY INFORMATION FOR COMMER- conservation improvements from charitable CIAL BUILDINGS. make United States energy as clean as prac- organizations or private investors. (a) REQUIREMENT OF BENCHMARKING AND ticable, as quickly as practicable, without (4) GEOGRAPHICAL DIVERSITY.—Each agree- DISCLOSURE FOR LEASING BUILDINGS WITHOUT increasing the cost of energy for struggling ment entered into under this section shall ENERGY STAR LABELS.—Section 435(b)(2) of families, seniors, low-income households, provide for the inclusion of properties with the Energy Independence and Security Act of and small businesses. the greatest feasible regional and State vari- 2007 (42 U.S.C. 17091(b)(2)) is amended— (2) PURPOSES.—The purposes of this section ance. (1) by striking ‘‘paragraph (2)’’ and insert- are— (c) PLAN AND REPORTS.— ing ‘‘paragraph (1)’’; and (A) to ensure that— (1) PLAN.—Not later than 90 days after the (2) by striking ‘‘signing the contract,’’ and (i) a national energy tax is not imposed on date of enactment of this Act, the Secretary all that follows through the period at the the economy of the United States; and shall submit to the Committees on Appro- end and inserting the following: (ii) struggling families, seniors, low-in- priations of the House of Representatives ‘‘signing the contract, the following require- come households, and small businesses do and the Senate a detailed plan for the imple- ments are met: not experience skyrocketing electricity bills mentation of this section. ‘‘(A) The space is renovated for all energy and joblessness; (2) REPORTS.—Not later than 1 year after efficiency and conservation improvements (B) to protect the people of the United the date of enactment of this Act, and annu- that would be cost effective over the life of States, particularly families, seniors, and ally thereafter, the Secretary shall— the lease, including improvements in light- children, from the serious negative health ef- (A) conduct an evaluation of the program ing, windows, and heating, ventilation, and fects of joblessness; under this section; and air conditioning systems. (C) to allow sufficient time for Congress to (B) submit to Congress a report describing ‘‘(B)(i) Subject to clause (ii), the space is develop and authorize an appropriate mecha- each evaluation conducted under subpara- benchmarked under a nationally recognized, nism to address the energy needs of the graph (A). online, free benchmarking program, with United States and the potential challenges (d) FUNDING.—For each fiscal year during public disclosure, unless the space is a space posed by severe weather; and which an agreement under this section is in for which owners cannot access whole build- (D) to restore the legislative process and effect, the Secretary may use to carry out ing utility consumption data, including congressional authority over the energy pol- this section any funds appropriated to the spaces— icy of the United States. Secretary for the renewal of contracts under ‘‘(I) that are located in States with privacy a program described in subsection (a). (b) PRESIDENTIAL MEMORANDUM.—Notwith- standing any other provision of law, the head laws that provide that utilities shall not provide such aggregated information to multi- SA 1853. Mr. BARRASSO (for him- of a Federal agency shall not promulgate any regulation relating to power sector car- tenant building owners; and self, Mr. ENZI, and Mr. FLAKE) sub- bon pollution standards or any substantially ‘‘(II) for which tenants do not provide en- mitted an amendment intended to be similar regulation on or after June 25, 2013, ergy consumption information to the com- proposed by him to the bill S. 1392, to unless that regulation is explicitly author- mercial building owner in response to a re- promote energy savings in residential ized by an Act of Congress. quest from the building owner. buildings and industry, and for other ‘‘(ii) A Federal agency that is a tenant of purposes; which was ordered to lie on SA 1854. Mr. BARRASSO (for himself the space shall provide to the building the table; as follows: and Mr. FLAKE) submitted an amend- owner, or authorize the owner to obtain from ment intended to be proposed by him the utility, the energy consumption informa- On page 56, between lines 9 and 10, insert tion of the space for the benchmarking and the following: to the bill S. 1392, to promote energy savings in residential buildings and in- disclosure required by this subparagraph.’’. SEC. 5lll. PROHIBITION ON ENERGY TAX. (b) DEPARTMENT OF ENERGY STUDY.— (a) FINDINGS; PURPOSES.— dustry, and for other purposes; which (1) IN GENERAL.—Not later than 2 years (1) FINDINGS.—Congress finds that— was ordered to lie on the table; as fol- after the date of enactment of this Act, the (A) on June 25, 2013, President Obama lows: Secretary shall complete a study, with op- issued a Presidential memorandum directing On page 47, between lines 16 and 17, insert portunity for public comment— the Administrator of the Environmental the following: (A) on the impact of— Protection Agency to issue regulations relat- SEC. 4llll. SOCIAL COST OF CARBON. (i) State and local performance ing to power sector carbon pollution stand- (a) IN GENERAL.—Subject to subsection (b) benchmarking and disclosure policies, and ards for existing coal fired power plants; and section 324B of the Energy Policy and any associated building efficiency policies,

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.017 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6383 for commercial and multifamily buildings; energy consumption information to multi- (vi) any other nonresidential and non- and tenant building owners. commercial structure. (ii) programs and systems in which utili- (e) INPUT FROM STAKEHOLDERS.—The Sec- (4) SECRETARY.—The term ‘‘Secretary’’ ties provide aggregated information regard- retary shall seek input from stakeholders to means the Secretary of Energy. ing whole building energy consumption and maximize the effectiveness of the actions (b) ESTABLISHMENT.—Not later than 1 year usage information to owners of multitenant taken under this section. after the date of enactment of this Act, the commercial, residential, and mixed-use (f) REPORT.—Not later than 2 years after Secretary shall establish a pilot program to buildings; the date of enactment of this Act, and every award grants for the purpose of retrofitting (B) that identifies best practice policy ap- 2 years thereafter, the Secretary shall sub- nonprofit buildings with energy-efficiency proaches studied under subparagraph (A) mit to Congress a report on the progress improvements. that have resulted in the greatest improve- made in complying with this section. (c) GRANTS.— ments in building energy efficiency; and (g) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—The Secretary may award (C) that considers— There is authorized to be appropriated to grants under the program established under (i) compliance rates and the benefits and carry out subsection (b) $2,500,000 for each of subsection (b). costs of the policies and programs on build- fiscal years 2014 through 2018, to remain (2) APPLICATION.—The Secretary may ing owners, utilities, tenants, and other par- available until expended. award a grant under this section if an appli- ties; SEC. 122. OFFSET. cant submits to the Secretary an application (ii) utility practices, programs, and sys- Section 422(f) of the Energy Independence at such time, in such form, and containing tems that provide aggregated energy con- and Security Act of 2007 (42 U.S.C. 17082(f)) such information as the Secretary may pre- sumption information to multitenant build- (as amended by section 401) is amended by scribe. ing owners, and the impact of public utility striking paragraphs (4) through (6) and in- (3) CRITERIA FOR GRANT.—In determining commissions and State privacy laws on those serting the following: whether to award a grant under this section, practices, programs, and systems; ‘‘(4) $200,000,000 for fiscal year 2013; the Secretary shall apply performance-based (iii) exceptions to compliance in existing ‘‘(5) $197,500,000 for fiscal year 2014; criteria, which shall give priority to applica- laws where building owners are not able to ‘‘(6) $147,500,000 for fiscal year 2015; and tions based on— gather or access whole building energy infor- ‘‘(7) $97,500,000 for each of fiscal years 2016 (A) the energy savings achieved; mation from tenants or utilities; through 2018.’’. (B) the cost-effectiveness of the energy-ef- (iv) the treatment of buildings with— ficiency improvement; (I) multiple uses; SA 1856. Ms. KLOBUCHAR (for her- (C) an effective plan for evaluation, meas- (II) uses for which baseline information is urement, and verification of energy savings; self and Mr. HOEVEN) submitted an not available; and (D) the financial need of the applicant; and (III) uses that require high levels of energy amendment intended to be proposed by (E) the percentage of the matching con- intensities, such as data centers, trading her to the bill S. 1392, to promote en- tribution by the applicant. floors, and televisions studios; ergy savings in residential buildings (4) LIMITATION ON INDIVIDUAL GRANT (v) implementation practices, including and industry, and for other purposes; AMOUNT.—Each grant awarded under this sec- disclosure methods and phase-in of compli- which was ordered to lie on the table; tion shall not exceed— ance; as follows: (A) an amount equal to 50 percent of the (vi) the safety and security of energy-efficiency improvement; and On page 48, after line 16, add the following: benchmarking tools offered by government (B) $200,000. SEC. 4lll. ENERGY EFFICIENCY RETROFIT agencies, and the resiliency of those tools (5) COST SHARING.— PILOT PROGRAM. against cyber-attacks; and (A) IN GENERAL.—A grant awarded under (vii) international experiences with regard (a) DEFINITIONS.—In this section: this section shall be subject to a minimum to building benchmarking and disclosure (1) APPLICANT.—The term ‘‘applicant’’ non-Federal cost-sharing requirement of 50 laws and data aggregation for multitenant means a nonprofit organization that applies percent. for a grant under this section. buildings. (B) IN-KIND CONTRIBUTIONS.—The non-Fed- (2) ENERGY-EFFICIENCY IMPROVEMENT.— (2) SUBMISSION TO CONGRESS.—At the con- eral share may be provided in the form of inclusion of the study, the Secretary shall sub- (A) IN GENERAL.—The term ‘‘energy-effi- kind contributions of materials or services. ciency improvement’’ means an installed mit to Congress a report on the results of the (d) AUTHORIZATION OF APPROPRIATIONS.— study. measure (including a product, equipment, There is authorized to be appropriated to (c) CREATION AND MAINTENANCE OF DATA- system, service, or practice) that results in a carry out this section $10,000,000 for each of BASES.— reduction in use by a nonprofit organization fiscal years 2014 through 2018, to remain (1) IN GENERAL.—Not later than 18 months for energy or fuel supplied from outside the available until expended. after the date of enactment of this Act and nonprofit building. (e) OFFSET.—Section 942(f) of the Energy following opportunity for public notice and (B) INCLUSIONS.—The term ‘‘energy-effi- Policy Act of 2005 (42 U.S.C. 16251(f)) is comment, the Secretary, in coordination ciency improvement’’ includes an installed amended by striking ‘‘$250,000,000’’ and in- with other relevant agencies shall, to carry measure described in subparagraph (A) inserting ‘‘$200,000,000’’. out the purpose described in paragraph (2)— volving— (A) assess existing databases; and (i) repairing, replacing, or installing— SA 1857. Mr. RUBIO submitted an (B) as necessary— (I) a roof or lighting system, or component amendment intended to be proposed by (i) modify and maintain existing data- of a roof or lighting system; him to the bill S. 1392, to promote en- bases; or (II) a window; ergy savings in residential buildings (ii) create and maintain a new database (III) a door, including a security door; or and industry, and for other purposes; platform. (IV) a heating, ventilation, or air condi- which was ordered to lie on the table; (2) PURPOSE.—The maintenance of existing tioning system or component of the system as follows: (including insulation and wiring and plumb- databases or creation of a new database plat- At the end of title IV, add the following: form under paragraph (1) shall be for the pur- ing improvements needed to serve a more efficient system); SEC. 4ll. ANNUAL SBA STUDY ON THE COST OF pose of storing and making available public FEDERAL REGULATIONS. energy-related information on commercial (ii) a renewable energy generation or heating system, including a solar, photovoltaic, (a) IN GENERAL.—The Office of Advocacy and multifamily buildings, including— shall conduct an annual study of the total wind, geothermal, or biomass (including (A) data provided under Federal, State, cost of Federal regulations to small business wood pellet) system or component of the sys- local, and other laws or programs regarding concerns. tem; and building benchmarking and energy informa- (b) METHODOLOGY.—In conducting each tion disclosure; (iii) any other measure taken to mod- study required under subsection (a), the Of- (B) buildings that have received energy ernize, renovate, or repair a nonprofit build- fice of Advocacy shall use a methodology ratings and certifications; and ing to make the nonprofit building more en- that is substantially similar to the method- (C) energy-related information on build- ergy efficient. ology used in conducting the study described ings provided voluntarily by the owners of (3) NONPROFIT BUILDING.— in the report released by the Office of Advo- the buildings, in an anonymous form, unless (A) IN GENERAL.—The term ‘‘nonprofit cacy entitled ‘‘The Impact of Regulatory the owner provides otherwise. building’’ means a building operated and Costs on Small Firms’’ (September 2010). (d) COMPETITIVE AWARDS.—Based on the re- owned by a nonprofit organization. (c) REPORT.—Not later than 1 year after sults of the research for the portion of the (B) INCLUSIONS.—The term ‘‘nonprofit the date of enactment of this Act, and annu- study described in subsection (b)(1)(A)(ii), building’’ includes a building described in ally thereafter, the Office of Advocacy shall and with criteria developed following public subparagraph (A) that is— submit to Congress a report on the findings notice and comment, the Secretary may (i) a hospital; of the most recent study conducted under make competitive awards to utilities, utility (ii) a youth center; subsection (a), which shall include an esti- regulators, and utility partners to develop (iii) a school; mate of the total annual cost of Federal reg- and implement effective and promising pro- (iv) a social-welfare program facility; ulations to small business concerns, by agen- grams to provide aggregated whole building (v) a house of worship; and cy.

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(d) FUNDING.— (6) to develop cost-effective advanced tech- hicles, including rare earth elements and (1) IN GENERAL.—The Office of Advocacy nologies for wide-scale utilization through- precious metals, at risk of supply disruption; shall carry out this section using unobli- out the passenger, commercial, government, (W) aftertreatment technologies; gated funds otherwise made available to the and transit vehicle sectors; (X) thermal management of battery sys- Office of Advocacy. (7) to allow for greater consumer choice of tems; (2) SENSE OF CONGRESS REGARDING FUND- vehicle technologies and fuels; (Y) retrofitting advanced vehicle tech- ING.—It is the sense of Congress that no addi- (8) to shorten technology development and nologies to existing vehicles; tional funds should be made available to the integration cycles in the vehicle industry; (Z) development of common standards, Administration or to the Office of Advocacy (9) to ensure a proper balance and diversity specifications, and architectures for both to carry out this section. of Federal investment in vehicle tech- transportation and stationary battery appli- (e) DEFINITIONS.—In this section— nologies and among vehicle classes; and cations; (1) the term ‘‘Administration’’ means the (10) to strengthen partnerships between (AA) advanced internal combustion en- Small Business Administration; Federal and State governmental agencies (2) the term ‘‘agency’’ has the meaning and the private and academic sectors. gines; and (BB) other research areas as determined by given the term in section 551 of title 5, SEC. 412. DEFINITIONS. the Secretary. United States Code; In this subtitle: (2) TRANSFORMATIONAL TECHNOLOGY.—The (3) the term ‘‘Office of Advocacy’’ means (1) DEPARTMENT.—The term ‘‘Department’’ the Office of Advocacy of the Administra- means the Department of Energy. Secretary shall ensure that the Department tion; and (2) SECRETARY.—The term ‘‘Secretary’’ continues to support research, development, (4) the term ‘‘small business concern’’ has means the Secretary of Energy. engineering, demonstration, and commercial the meaning given the term under section 3 SEC. 413. COORDINATION AND NONDUPLICATION. application activities and maintains com- petency in mid- to long-term trans- of the Small Business Act (15 U.S.C. 632). (a) COORDINATION.—The Secretary shall en- formational vehicle technologies with poten- Mr. WYDEN (for Mr. sure that activities authorized by this sub- SA 1858. title do not duplicate activities of other pro- tial to achieve deep reductions in petroleum MERKLEY) proposed an amendment to grams within the Department or other rel- use and emissions, including activities in the the bill S. 1392, to promote energy sav- evant agencies. areas of— ings in residential buildings and indus- (b) COST-SHARING REQUIREMENT.—The ac- (A) hydrogen vehicle technologies, includ- try, and for other purposes; as follows: tivities carried out under this subtitle shall ing fuel cells, internal combustion engines, At the end of title IV, add the following: be subject to the cost-sharing requirements hydrogen storage, infrastructure, and activi- SEC. 4llll. STUDY OF STANDBY POWER USAGE of section 988 of the Energy Policy Act of ties in hydrogen technology validation and STANDARDS IMPLEMENTED BY THE 2005 (42 U.S.C. 16352). safety codes and standards; STATES AND OTHER INDUSTRI- SEC. 414. VEHICLE RESEARCH AND DEVELOP- (B) multiple battery chemistries and novel ALIZED NATIONS. MENT. energy storage devices, including nonchem- (a) STUDY.— (a) PROGRAM.— ical batteries, ultracapacitors and (1) IN GENERAL.—The Secretary shall con- (1) ACTIVITIES.—The Secretary shall con- electromechanical storage technologies such duct a study of standby power usage stand- duct a program of basic and applied research, as hydraulics, flywheels, and compressed air ards that have been implemented by States development, engineering, demonstration, storage; and other industrialized nations. and commercial application activities on (C) communication, connectivity, and (2) REQUIREMENT.—In conducting the study materials, technologies, and processes with power flow among vehicles, infrastructure, under paragraph (1), the Secretary shall the potential to substantially reduce or and the electrical grid; and evaluate which of the standards studied eliminate petroleum use and the emissions (D) other innovative technologies research would be economically and technologically of the Nation’s passenger and commercial ve- and development, as determined by the Sec- feasible to implement throughout the United hicles, including activities in the areas of— retary. States for appliances and electronic devices (A) hybridization or full electrification of (3) INDUSTRY PARTICIPATION.—To the max- covered under section 322 or 325 of the En- vehicle systems; imum extent practicable, activities under ergy Policy and Conservation Act (42 U.S.C. (B) batteries, ultracapacitors, and other this subtitle shall be carried out in partner- 6292, 6295). energy storage devices; (b) REPORT.—On completion of the study (C) power electronics; ship or collaboration with automotive manu- under subsection (a), the Secretary shall sub- (D) vehicle, component, and subsystem facturers, heavy commercial, vocational, and mit to the Committee on Energy and Nat- manufacturing technologies and processes; transit vehicle manufacturers, qualified ural Resources of the Senate and the Com- (E) engine efficiency and combustion opti- plug-in electric vehicle manufacturers, committee on Energy and Commerce of the mization; pressed natural gas and liquefied petroleum House of Representatives a report that de- (F) waste heat recovery; gas vehicle manufacturers, vehicle and en- scribes the results of the study and the find- (G) transmission and drivetrains; gine equipment and component manufactur- ings of the Secretary under subsection (a)(2). (H) hydrogen vehicle technologies, includ- ers, manufacturing equipment manufacturing fuel cells and internal combustion en- ers, advanced vehicle service providers, fuel SA 1859. Ms. STABENOW submitted gines, and hydrogen infrastructure; producers and energy suppliers, electric util- an amendment intended to be proposed (I) compressed natural gas and liquefied ities, universities, national laboratories, and by her to the bill S. 1392, to promote petroleum gas vehicle technologies; independent research laboratories. In car- energy savings in residential buildings (J) aerodynamics, rolling resistance, and rying out this subtitle the Secretary shall— and industry, and for other purposes; accessory power loads of vehicles and associ- (A) determine whether a wide range of which was ordered to lie on the table; ated equipment; companies that manufacture or assemble ve- as follows: (K) vehicle weight reduction, including hicles or components in the United States lightweighting materials; On page 48, after line 16, add the following: are represented in ongoing public private (L) friction and wear reduction; partnership activities, including firms that Subtitle B—Advanced Vehicle Technology (M) engine and component durability; have not traditionally participated in feder- SEC. 411. OBJECTIVES. (N) innovative propulsion systems; ally sponsored research and development ac- The objectives of this subtitle are— (O) advanced boosting systems; tivities, and where possible, partner with (1) to reform and reorient the vehicle tech- (P) hydraulic hybrid technologies; such firms that conduct significant and rel- nologies programs of the Department; (Q) engine compatibility with and optimi- evant research and development activities in (2) to establish a clear and consistent au- zation for a variety of transportation fuels the United States; thority for vehicle technologies programs of including natural gas and other liquid and (B) leverage the capabilities and resources the Department; gaseous fuels; of, and formalize partnerships with, indus- (3) to develop United States technologies (R) predictive engineering, modeling, and try-led stakeholder organizations, nonprofit and practices that— simulation of vehicle and transportation sys- (A) improve the fuel efficiency and emis- tems; organizations, industry consortia, and trade sions of all vehicles produced in the United (S) refueling and charging infrastructure associations with expertise in the research States; and for alternative fueled and electric or plug-in and development of, and education and out- (B) reduce vehicle reliance on petroleum- electric hybrid vehicles, including the reach activities in, advanced automotive and based fuels; unique challenges facing rural areas; commercial vehicle technologies; (4) to support domestic research, develop- (T) gaseous fuels storage systems and sys- (C) develop more efficient processes for ment, engineering, demonstration, and com- tem integration and optimization; transferring research findings and tech- mercial application and manufacturing of (U) sensing, communications, and actu- nologies to industry; advanced vehicles, engines, and components; ation technologies for vehicle, electrical (D) give consideration to conversion of ex- (5) to enable vehicles to move larger vol- grid, and infrastructure; isting or former vehicle technology develop- umes of goods and more passengers with less (V) efficient use, substitution, and recy- ment or manufacturing facilities for the pur- energy and emissions; cling of potentially critical materials in ve- poses of this subtitle;

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.041 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6385 (E) establish and support public-private tion program of advanced vehicle manufac- (J) engine idle and parasitic energy loss re- partnerships, dedicated to overcoming bar- turing technologies and practices, including duction; riers in commercial application of trans- innovative processes to— (K) electrification of accessory loads; formational vehicle technologies, that uti- (1) increase the production rate and de- (L) onboard sensing and communications lize such industry-led technology develop- crease the cost of advanced battery manufac- technologies; ment facilities of entities with demonstrated turing; (M) advanced lightweighting materials and expertise in successfully designing and engi- (2) vary the capability of individual manu- vehicle designs; neering pre-commercial generations of such facturing facilities to accommodate different (N) increasing load capacity per vehicle; transformational technology; and battery chemistries and configurations; (O) thermal management of battery sys- (F) promote efforts to ensure that tech- (3) reduce waste streams, emissions, and tems; nology research, development, engineering, energy-intensity of vehicle, engine, advanced (P) recharging infrastructure; and commercial application activities funded battery and component manufacturing proc- (Q) compressed natural gas and liquefied under this subtitle are carried out in the esses; petroleum gas infrastructure; United States. (4) recycle and remanufacture used bat- (R) advanced internal combustion engines; (4) INTERAGENCY AND INTRAAGENCY COORDI- teries and other vehicle components for (S) complete vehicle modeling and simula- NATION.—To the maximum extent prac- reuse in vehicles or stationary applications; tion; ticable, the Secretary shall coordinate re- (5) produce cost-effective lightweight ma- (T) hydrogen vehicle technologies, includ- search, development, demonstration, and terials such as advanced metal alloys, poly- ing fuel cells and internal combustion en- commercial application activities among— meric composites, and carbon fiber; gines, and hydrogen infrastructure; (A) relevant programs within the Depart- (6) produce lightweight high pressure stor- (U) retrofitting advanced technologies ment, including— age systems for gaseous fuels; onto existing truck fleets; and (i) the Office of Energy Efficiency and Re- (7) design and manufacture purpose-built (V) integration of these and other ad- newable Energy; hydrogen and fuel cell vehicles and compo- vanced systems onto a single truck and trail- (ii) the Office of Science; nents; er platform. (iii) the Office of Electricity Delivery and (8) improve the calendar life and cycle life (2) LEADERSHIP.— Energy Reliability; of advanced batteries; and (A) IN GENERAL.—The Secretary shall ap- (iv) the Office of Fossil Energy; (9) produce permanent magnets for ad- point a full-time Director to coordinate re- (v) the Advanced Research Projects Agen- vanced vehicles. search, development, demonstration, and cy—Energy; and commercial application activities in (d) REPORTING.— (vi) other offices as determined by the Sec- medium- to heavy-duty commercial, rec- (1) TECHNOLOGIES DEVELOPED.—Not later retary; and than 18 months after the date of enactment reational, and transit vehicle technologies. ESPONSIBILITIES OF THE DIRECTOR.— (B) relevant technology research and de- of this Act and annually thereafter through (B) R velopment programs within the Department The responsibilities of the Director shall be 2017, the Secretary shall transmit to Con- of Transportation and other Federal agen- to— gress a report regarding the technologies de- cies, as determined by the Secretary. (i) improve coordination and develop con- veloped as a result of the activities author- (5) FEDERAL DEMONSTRATION OF TECH- sensus between government agency and in- ized by this section, with a particular em- NOLOGIES.—The Secretary shall make infor- dustry partners, and propose new processes phasis on whether the technologies were suc- mation available to procurement programs for program management and priority set- cessfully adopted for commercial applica- of Federal agencies regarding the potential ting to better align activities and budgets tions, and if so, whether products relying on to demonstrate technologies resulting from among partners; those technologies are manufactured in the activities funded through programs under (ii) regularly convene workshops, site vis- United States. this subtitle. its, demonstrations, conferences, investor fo- (2) ADDITIONAL MATTERS.—At the end of (6) INTERGOVERNMENTAL COORDINATION.— rums, and other events in which information each fiscal year through 2017 the Secretary The Secretary shall seek opportunities to le- and research findings are shared among pro- shall submit to the relevant Congressional verage resources and support initiatives of gram participants and interested stake- committees of jurisdiction an annual report State and local governments in developing holders; describing activities undertaken in the pre- and promoting advanced vehicle tech- (iii) develop a budget for the Department’s vious year under this section, active indus- nologies, manufacturing, and infrastructure. activities with regard to the interagency try participants, efforts to recruit new par- (7) CRITERIA.—When awarding cost-shared program, and provide consultation and guid- ticipants committed to design, engineering, grants under this program, the Secretary ance on vehicle technology funding priorities and manufacturing of advanced vehicle tech- shall give priority to those technologies (ei- across agencies; nologies in the United States, progress of the ther individually or as part of a system) (iv) determine a process for reviewing pro- program in meeting goals and timelines, and that— gram technical goals, targets, and time- a strategic plan for funding of activities (A) provide the greatest aggregate fuel sav- tables and, where applicable, aided by life- across agencies. ings based on the reasonable projected sales cycle impact and cost analysis, propose revi- volumes of the technology; and SEC. 415. MEDIUM AND HEAVY DUTY COMMER- sions or elimination based on program (B) provide the greatest increase in United CIAL AND TRANSIT VEHICLES. progress, available funding, and rate of tech- States employment. (a) PROGRAM.— nology adoption; (b) SENSING AND COMMUNICATIONS TECH- (1) IN GENERAL.—The Secretary, in partner- (v) evaluate ongoing activities of the pro- NOLOGIES.— ship with relevant research and development gram and recommend project modifications, (1) IN GENERAL.—The Secretary, in coordi- programs in other Federal agencies, and a including the termination of projects, where nation with the Secretary of Transportation range of appropriate industry stakeholders, applicable; and the relevant research programs of other shall carry out a program of cooperative re- (vi) recruit new industry participants to Federal agencies, shall conduct research, de- search, development, demonstration, and the interagency program, including truck, velopment, engineering, and demonstration commercial application activities on ad- trailer, and component manufacturers who activities on connectivity of vehicle and vanced technologies for medium- to heavy- have not traditionally participated in feder- transportation systems, including on sens- duty commercial, vocational, recreational, ally sponsored research and technology de- ing, computation, communication, and actu- and transit vehicles, including activities in velopment activities; and ation technologies that allow for reduced the areas of— (vii) other responsibilities as determined fuel use, optimized traffic flow, and vehicle (A) engine efficiency and combustion re- by the Secretary, in consultation with inter- electrification, including technologies for— search; agency and industry partners. (A) onboard vehicle, engine, and compo- (B) onboard storage technologies for com- (3) REPORTING.—At the end of each fiscal nent sensing and actuation; pressed natural gas and liquefied petroleum year, the Secretary shall submit to the Con- (B) vehicle-to-vehicle sensing and commu- gas; gress an annual report describing activities nication; (C) development and integration of engine undertaken in the previous year, active in- (C) vehicle-to-infrastructure sensing and technologies designed for compressed nat- dustry participants, efforts to recruit new communication; and ural gas and liquefied petroleum gas oper- participants, progress of the program in (D) vehicle integration with the electrical ation of a variety of vehicle platforms; meeting goals and timelines, and a strategic grid, including communications to provide (D) waste heat recovery and conversion; plan for funding of activities across agencies. grid services. (E) improved aerodynamics and tire rolling (b) CLASS 8 TRUCK AND TRAILER SYSTEMS (2) COORDINATION.—The activities carried resistance; DEMONSTRATION.— out under this section shall supplement (and (F) energy and space-efficient emissions (1) IN GENERAL.—The Secretary shall con- not supplant) activities under the intelligent control systems; duct a competitive grant program to dem- transportation system research program of (G) heavy hybrid, hybrid hydraulic, plug-in onstrate the integration of multiple ad- the Department of Transportation. hybrid, and electric platforms, and energy vanced technologies on Class 8 truck and (c) MANUFACTURING.—The Secretary shall storage technologies; trailer platforms with a goal of improving carry out a research, development, engineer- (H) drivetrain optimization; overall freight efficiency, as measured in ing, demonstration, and commercial applica- (I) friction and wear reduction; tons and volume of freight hauled or other

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.042 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6386 CONGRESSIONAL RECORD — SENATE September 11, 2013 work performance-based metrics, by 50 per- buildings and industry, and for other Services, shall issue guidance for Federal cent, including a combination of tech- purposes; which was ordered to lie on agencies to employ advanced tools pro- nologies listed in subsection (a)(1). the table; as follows: moting energy efficiency and energy savings (2) ELIGIBLE APPLICANTS.—Applicant teams through the use of information and commu- may be comprised of truck and trailer manu- At the end of title V, add the following: nications technologies, including computer facturers, engine and component manufac- SECTION 5ll. USE OF FEDERAL DISASTER RE- hardware, operation and maintenance proc- turers, fleet customers, university research- LIEF AND EMERGENCY ASSISTANCE esses, energy efficiency software, and power FOR ENERGY-EFFICIENT PRODUCTS ers, and other applicants as appropriate for AND STRUCTURES. management tools. (b) REPORTS ON PLANS AND SAVINGS.—Not the development and demonstration of inte- (a) IN GENERAL.—Title III of the Robert T. grated Class 8 truck and trailer systems. Stafford Disaster Relief and Emergency As- later than 180 days after the date of the (c) TECHNOLOGY TESTING AND METRICS.— sistance Act (42 U.S.C. 5141 et seq.) is amend- issuance of the guidance under subsection The Secretary, in coordination with the ed by adding at the end the following: (a), each Federal agency shall submit to the partners of the interagency research pro- Secretary a report that describes— ‘‘SEC. 327. USE OF ASSISTANCE FOR ENERGY-EF- gram described in subsection (a)(1)— FICIENT PRODUCTS AND STRUC- (1) the plan of the agency for implementing (1) shall develop standard testing proce- TURES. the guidance within the agency; and dures and technologies for evaluating the ‘‘(a) DEFINITIONS.—In this section— (2) estimated energy and financial savings performance of advanced heavy vehicle tech- ‘‘(1) the term ‘energy-efficient product’ from employing the tools and processes de- nologies under a range of representative means a product that— scribed in subsection (a). duty cycles and operating conditions, includ- ‘‘(A) meets or exceeds the requirements for SEC. 102. AVAILABILITY OF FUNDS FOR DESIGN ing for heavy hybrid propulsion systems; designation under an Energy Star program UPDATES. (2) shall evaluate heavy vehicle perform- established under section 324A of the of the Section 3307 of title 40, United States Code, ance using work performance-based metrics Energy Policy and Conservation Act of 1975 is amended— other than those based on miles per gallon, (42 U.S.C. 6294a); or (1) by redesignating subsections (d) including those based on units of volume and ‘‘(B) meets or exceeds the requirements for through (h) as subsections (e) through (i), re- weight transported for freight applications, designation as being among the highest 25 spectively; and and appropriate metrics based on the work percent of equivalent products for energy ef- (2) by inserting after subsection (c) the fol- performed by nonroad systems; and ficiency under the Federal Energy Manage- lowing: (3) may construct heavy duty truck and ment Program; and ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN bus testing facilities. ‘‘(2) the term ‘energy-efficient structure’ UPDATES.— (d) NONROAD SYSTEMS PILOT PROGRAM.— means a residential structure, a public facil- ‘‘(1) IN GENERAL.—Subject to paragraph (2), The Secretary shall undertake a pilot pro- ity, or a private nonprofit facility that for any project for which congressional ap- gram of research, development, demonstra- meets or exceeds the requirements of Amer- proval is received under subsection (a) and tion, and commercial applications of tech- ican Society of Heating, Refrigerating and for which the design has been substantially nologies to improve total machine or system Air-Conditioning Engineers Standard 90.1– completed but construction has not begun, efficiency for nonroad mobile equipment in- 2010 or the 2013 International Energy Con- the Administrator of General Services may cluding agricultural and construction equip- servation Code, or any successor thereto. use appropriated funds to update the project ment, and shall seek opportunities to trans- ‘‘(b) USE OF ASSISTANCE.—A recipient of as- design to meet applicable Federal building fer relevant research findings and tech- sistance relating to a major disaster or energy efficiency standards established nologies between the nonroad and on-high- emergency may use the assistance to replace under section 305 of the Energy Conservation way equipment and vehicle sectors. or repair a damaged product or structure and Production Act (42 U.S.C. 6834) and other (e) REPEAL OF EXISTING AUTHORITIES.— with an energy-efficient product or energy- requirements established under section 3312. (1) IN GENERAL.—Sections 706, 711, 712, and efficient structure.’’. ‘‘(2) LIMITATION.—The use of funds under 933 of the Energy Policy Act of 2005 (42 U.S.C. (b) APPLICABILITY.—The amendment made paragraph (1) shall not exceed 125 percent of 16051, 16061, 16062, 16233) are repealed. by this section shall apply to assistance the estimated energy or other cost savings (2) ENERGY EFFICIENCY.—Section 911 of the made available under the Robert T. Stafford associated with the updates as determined Energy Policy Act of 2005 (42 U.S.C. 16191) is Disaster Relief and Emergency Assistance by a life cycle cost analysis under section 544 amended— Act (42 U.S.C. 5121 et seq.) before, on, or after of the National Energy Conservation Policy (A) in subsection (a)— the date of enactment of this Act that is ex- Act (42 U.S.C. 8254).’’. (i) in paragraph (1)(A), by striking ‘‘vehi- pended on or after the date of enactment of SEC. 103. FEDERAL DATA CENTER CONSOLIDA- cles, buildings,’’ and inserting ‘‘buildings’’; this Act. TION. and (a) IN GENERAL.—Not later than 180 days (ii) in paragraph (2)— SA 1861. Mr. JOHNSON of Wisconsin after the date of enactment of this Act, the (I) by striking subparagraph (A); and (for himself and Mr. COBURN) submitted Administrator for the Office of E-Govern- (II) by redesignating subparagraphs (B) an amendment intended to be proposed ment and Information Technology within through (E) as subparagraphs (A) through by him to the bill S. 1392, to promote the Office of Management and Budget shall (D), respectively; and develop and publish a goal for the total (B) in subsection (c)— energy savings in residential buildings amount of planned energy and cost savings (i) by striking paragraph (3); and industry, and for other purposes; and increased productivity by the Federal (ii) by redesignating paragraph (4) as para- which was ordered to lie on the table; Government through the consolidation of graph (3); and as follows: Federal data centers during the 5-year period (iii) in paragraph (3) (as so redesignated), Beginning on page 3, strike line 1 and all beginning on the date of enactment of this by striking ‘‘(a)(2)(D)’’ and inserting that follows through page 44, line 23. Act, which shall include a breakdown on a ‘‘(a)(2)(C)’’. Beginning on page 47, strike line 16 and all year-by-year basis of the projected savings (3) ENERGY STORAGE COMPETITIVENESS.— that follows through page 48, line 16. and productivity gains. Section 641 of the Energy Independence and (b) ADMINISTRATION.—Nothing in this sec- Security Act of 2007 (42 U.S.C. 17231) is SA 1862. Mr. JOHNSON of Wisconsin tion applies to the High Performance Com- amended— (for himself and Mr. COBURN) submitted puting Modernization Program (HPCMP) of (A) by striking subsection (j); an amendment intended to be proposed the Department of Defense. (B) by redesignating subsections (k) by him to the bill S. 1392, to promote through (p) as subsections (j) through (o), re- SA 1863. Mr. ENZI (for himself, Mr. energy savings in residential buildings spectively; and BARRASSO, and Mr. FLAKE) submitted and industry, and for other purposes; (C) in subsection (o) (as so redesignated)— an amendment intended to be proposed which was ordered to lie on the table; (i) in paragraph (2), by striking ‘‘and;’’ by him to the bill S. 1392, to promote after the semicolon at the end; as follows: (ii) in paragraph (4), by inserting ‘‘and’’ energy savings in residential buildings Strike all after the enacting clause and in- and industry, and for other purposes; after the semicolon at the end; sert the following: (iii) by striking paragraph (5); which was ordered to lie on the table; TITLE I—FEDERAL AGENCY ENERGY (iv) by redesignating paragraph (6) as para- as follows: EFFICIENCY graph (5); and On page 47, between lines 16 and 17, insert (v) in paragraph (5) (as so redesignated), by SEC. 101. ADOPTION OF INFORMATION AND COM- the following: striking ‘‘subsection (k)’’ and inserting ‘‘sub- MUNICATIONS TECHNOLOGY POWER SAVINGS TECHNIQUES BY FEDERAL SEC. 401. REGIONAL HAZE PROGRAM. section (j)’’. AGENCIES. Notwithstanding any other provision of (a) IN GENERAL.—Not later than 360 days law, the Administrator of the Environmental SA 1860. Mrs. GILLIBRAND sub- after the date of enactment of this Act, the Protection Agency (referred to in this sec- mitted an amendment intended to be Secretary, in consultation with the Sec- tion as the ‘‘Administrator’’) shall not reject proposed by her to the bill S. 1392, to retary of Defense, the Secretary of Veterans or disapprove in whole or in part a State re- promote energy savings in residential Affairs, and the Administrator of General gional haze implementation plan addressing

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.042 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6387 any regional haze regulation of the Environ- right, title, and interest is conveyed under spectively, of section 3132(a) of title 5, United mental Protection Agency (including the this subsection notice that— States Code; or regulations described in section 51.308 of title ‘‘(A) the Secretary of the Interior has con- ‘‘(cc) is employed in a position in the exec- 40, Code of Federal Regulations (or successor veyed to the State all right, title, and inter- utive branch of the Government of a con- regulations)) if— est in and to the amounts referred to in fidential or policy-determining character (1) the State has submitted to the Admin- paragraph (1) or (2); and under schedule C of subpart C of part 213 of istrator a State implementation plan for re- ‘‘(B) the leaseholder is required to pay the title 5 of the Code of Federal Regulations.’’; gional haze that— amounts directly to the State.’’. and (A) considers the factors identified in sec- (4) by adding at the end the following: tion 169A of the Clean Air Act (42 U.S.C. SA 1865. Mr. TOOMEY (for himself, ‘‘(iii) GOVERNMENT CONTRIBUTION.—No Gov- 7491); and Mr. COBURN, Mr. FLAKE, and Mr. RISCH) ernment contribution under section 8906 of (B) applies the relevant laws (including submitted an amendment intended to title 5, United States Code, shall be provided regulations); be proposed by him to the bill S. 1392, on behalf of an individual who is a Member (2) the Administrator fails to demonstrate to promote energy savings in residen- of Congress, a congressional staff member, using the best available science that a Fed- the President, the Vice President, or a polit- eral implementation plan action governing a tial buildings and industry, and for ical appointees for coverage under this para- specific source, when compared to the State other purposes; which was ordered to graph. plan, does not result in greater than a 1.0 lie on the table; as follows: ‘‘(iv) LIMITATION ON AMOUNT OF TAX CREDIT deciview improvement in any class I area (as On page 47, between lines 16 and 17, insert OR COST-SHARING.—An individual enrolling in classified under section 162 of the Clean Air the following: health insurance coverage pursuant to this Act (42 U.S.C. 7472)); and SEC. 4llll. REPEAL OF RENEWABLE FUEL paragraph shall not be eligible to receive a (3) implementation of the Federal imple- STANDARD. tax credit under section 36B of the Internal mentation plan, when compared to the State (a) IN GENERAL.—Section 211 of the Clean Revenue Code of 1986 or reduced cost sharing plan, will result in an economic cost to the Air Act (42 U.S.C. 7545) is amended by strik- under section 1402 of this Act in an amount State or to the private sector of greater than ing subsection (o). that exceeds the total amount for which a $100,000,000 in any fiscal year or $300,000,000 (b) ADDITIONAL REPEAL.—Section 204 of the similarly situated individual (who is not so in the aggregate. Energy Independence and Security Act of enrolled) would be entitled to receive under 2007 (42 U.S.C. 7545 note; Public Law 110-140) such sections. SA 1864. Mr. ENZI (for himself and is repealed. ‘‘(v) LIMITATION ON DISCRETION FOR DES- Mr. BARRASSO) submitted an amend- (c) REGULATIONS.—Beginning on the date of IGNATION OF STAFF.—Notwithstanding any ment intended to be proposed by him enactment of this Act, the regulations under other provision of law, a Member of Congress to the bill S. 1392, to promote energy subparts K and M of part 80 of title 40, Code shall not have discretion in determinations with respect to which employees employed savings in residential buildings and in- of Federal Regulations (as in effect on that date of enactment), shall have no force or ef- by the office of such Member are eligible to dustry, and for other purposes; which fect. enroll for coverage through an Exchange.’’. was ordered to lie on the table; as follows: SA 1866. Mr. VITTER (for himself, SA 1867. Mr. COBURN submitted an On page 48, after line 16, add the following: Mr. ENZI, Mr. HELLER, Mr. LEE, Mr. amendment intended to be proposed by SEC. 4ll. CONVEYANCE TO STATES OF PROP- JOHNSON of Wisconsin, and Mr. INHOFE) him to the bill S. 1392, to promote en- ERTY INTEREST IN STATE SHARE OF submitted an amendment intended to ergy savings in residential buildings ROYALTIES AND OTHER PAYMENTS. be proposed by him to the bill S. 1392, and industry, and for other purposes; Section 35 of the Mineral Leasing Act (30 to promote energy savings in residen- which was ordered to lie on the table; U.S.C. 191) is amended— as follows: (1) in the first sentence of subsection (a), tial buildings and industry, and for other purposes; which was ordered to At the appropriate place, insert the fol- by striking ‘‘shall be paid into the Treasury’’ lowing: and inserting ‘‘shall, except as provided in lie on the table; as follows: SEC. ll. CONDITIONING PROVISION OF PRE- subsection (d), be paid into the Treasury’’; At the appropriate place, insert the fol- MIUM AND COST-SHARING SUB- (2) in subsection (c)(1), by inserting ‘‘and lowing: SIDIES UNDER THE PATIENT PRO- except as provided in subsection (d)’’ before SEC. lll. HEALTH INSURANCE COVERAGE FOR TECTION AND AFFORDABLE CARE ‘‘, any rentals’’; and CERTAIN CONGRESSIONAL STAFF ACT UPON CERTIFICATION THAT A (3) by adding at the end the following: AND MEMBERS OF THE EXECUTIVE PROGRAM TO VERIFY HOUSEHOLD ‘‘(d) CONVEYANCE TO STATES OF PROPERTY BRANCH. INCOME AND OTHER QUALIFICA- TIONS FOR THOSE SUBSIDIES IS INTEREST IN STATE SHARE.— Section 1312(d)(3)(D) of the Patient Protec- OPERATIONAL. ‘‘(1) IN GENERAL.—Notwithstanding any tion and Affordable Care Act (42 U.S.C. Notwithstanding any other provision of other provision of law, on request of a State 18032(d)(3)(D)) is amended— law, no premium tax credits shall be per- (other than the State of Alaska) and in lieu (1) by striking the subparagraph heading mitted under section 36B of the Internal Rev- of any payments to the State under sub- and inserting the following: enue Code of 1986 and no reductions in cost- section (a), the Secretary of the Interior ‘‘(D) MEMBERS OF CONGRESS, CONGRES- sharing shall be permitted under section 1402 shall convey to the State all right, title, and SIONAL STAFF, AND POLITICAL APPOINTEES IN of the Patient Protection and Affordable interest in and to 50 percent of all amounts THE EXCHANGE.—’’; Care Act (42 U.S.C. 18071) prior to the date on otherwise required to be paid into the Treas- (2) in clause (i), in the matter preceding which the Inspector General of the Depart- ury under subsection (a) from sales, bonuses, subclause (I)— ment of Health and Human Services certifies royalties (including interest charges), and (A) by striking ‘‘and congressional staff to Congress that there is in place a program rentals for all public land or deposits located with’’ and inserting ‘‘, congressional staff, that successfully and consistently verifies, in the State. the President, the Vice President, and polit- consistent with section 1411 of such Act (42 ‘‘(2) STATE OF ALASKA.—Notwithstanding ical appointees with’’; and U.S.C. 18081), the household income and cov- any other provision of law, on request of the (B) by striking ‘‘or congressional staff erage requirements of individuals applying State of Alaska and in lieu of any payments shall’’ and inserting ‘‘, congressional staff, for such credits and cost-sharing reduction to the State under subsection (a), the Sec- the President, the Vice President, or a polit- reductions. retary of the Interior shall convey to the ical appointee shall’’; State all right, title, and interest in and to (3) in clause (ii)— SA 1868. Mr. COBURN submitted an 90 percent of all amounts otherwise required (A) in subclause (II), by inserting after amendment intended to be proposed by to be paid into the Treasury under sub- ‘‘Congress,’’ the following: ‘‘of a committee section (a) from sales, bonuses, royalties (in- of Congress, or of a leadership office of Con- him to the bill S. 1392, to promote en- cluding interest charges), and rentals for all gress,’’; and ergy savings in residential buildings public land or deposits located in the State. (B) by adding at the end the following: and industry, and for other purposes; ‘‘(3) AMOUNT.—Notwithstanding any other ‘‘(III) POLITICAL APPOINTEE.—In this sub- which was ordered to lie on the table; provision of law, after a conveyance to a paragraph, the term ‘political appointee’ as follows: State under paragraph (1) or (2), any person means any individual who— On page 47, between lines 16 and 17, insert shall pay directly to the State any amount ‘‘(aa) is employed in a position described the following: owed by the person for which the right, title, under sections 5312 through 5316 of title 5, SEC. 4lll. GUIDELINES TO ENCOURAGE FED- and interest has been conveyed to the State United States Code, (relating to the Execu- ERAL EMPLOYEES TO HELP REDUCE under this subsection. tive Schedule); ENERGY USE AND COSTS. ‘‘(4) NOTICE.—The Secretary of the Interior ‘‘(bb) is a limited term appointee, limited Not later than 60 days after the date of en- shall promptly provide to each holder of a emergency appointee, or noncareer ap- actment of this Act, the Secretary of Energy lease of public land to which subsection (a) pointee in the Senior Executive Service, as shall issue to the head of each Federal agen- applies that are located in a State to which defined under paragraphs (5), (6), and (7), recy guidelines to reduce energy costs at that

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Federal agency by requiring employees of (F) the Secretary of Housing and Urban (d) PROGRAM ELIMINATIONS.—Not later the Federal agency to— Development; than January 1, 2015, the appropriate Secre- (1) turn off the lights in the work areas of (G) the Secretary of Transportation; taries shall— the employees at the end of the work day; (H) the Secretary of the Treasury; (1) identify— and (I) the Administrator of the Environmental (A) which applicable programs are specifi- (2) turn off or unplugging other devices Protection Agency; cally required by law; and that consume energy during periods in which (J) the Director of the National Institute (B) which applicable programs are carried the employees are not in the office. of Standards and Technology; and out under the discretionary authority of the (K) the Administrator of the Small Busi- appropriate Secretaries; SA 1869. Mr. COBURN submitted an ness Administration. (2) eliminate those applicable programs amendment intended to be proposed by (4) SERVICES.— that are not required by law; and him to the bill S. 1392, to promote en- (A) IN GENERAL.—Subject to subparagraph (3) transfer any remaining applicable ergy savings in residential buildings (B), the term ‘‘services’’ has the meaning projects and nonduplicative functions into and industry, and for other purposes; given the term by the Director of the Office another green building program within the which was ordered to lie on the table; of Management and Budget. same agency. as follows: (B) REQUIREMENTS.—The term ‘‘services’’ shall be limited to activities, assistance, and SA 1871. Mr. McCONNELL (for him- On page 48, after line 16, add the following: aid that provide a direct benefit to a recipi- self, Mr. COATS, Mr. CORNYN, Mr. SEC. 4lll. CERTIFICATION REQUIRED. ent, such as— COBURN, Mr. ALEXANDER, Mr. BAR- (a) IN GENERAL.—The Secretary shall cer- (i) the provision of medical care; RASSO, Mr. BURR, Mr. RISCH, Mr. tify that the amount of energy cost savings (ii) assistance for housing or tuition; or JOHANNS, Ms. AYOTTE, Mr. BLUNT, Mr. over a 10-year period as a result of each (iii) financial support (including grants MORAN, and Mr. HOEVEN) submitted an project or activity funded under this Act or and loans). an amendment made by this Act would equal amendment intended to be proposed by or exceed the cost of the project or activity. (b) REPORT.— him to the bill S. 1392, to promote en- (b) ACTUAL ENERGY USE.—On completion of (1) IN GENERAL.—Not later than October 1, ergy savings in residential buildings a project or activity provided funds under 2014, the appropriate Secretaries shall sub- and industry, and for other purposes; this Act or an amendment made by this Act, mit to Congress and post on the public Inter- which was ordered to lie on the table; the Secretary shall certify that, over a 10- net websites of the agencies of the appro- as follows: year period, as a result of the project or ac- priate Secretaries a report on the outcomes At the appropriate place, insert the fol- tivity— of the applicable programs. lowing: (1) there was a reduction in actual energy (2) REQUIREMENTS.—In reporting on the use; and outcomes of each applicable program, the ap- TITLE ll—HEALTH PROVISIONS (2) the energy cost savings exceeded the propriate Secretaries shall— Subtitle A—Fairness for American Families costs of the project or activity. (A) determine the total administrative ex- Act penses of the applicable program; SEC. ll01. SHORT TITLE. SA 1870. Mr. COBURN submitted an (B) determine the expenditures for services This Subtitle may be cited as the ‘‘Fair- amendment intended to be proposed by for the applicable program; ness for American Families Act’’. him to the bill S. 1392, to promote en- (C) estimate the number of clients served SEC. ll02. DELAY IN APPLICATION OF INDI- ergy savings in residential buildings by the applicable program and beneficiaries VIDUAL HEALTH INSURANCE MAN- and industry, and for other purposes; who received assistance under the applicable DATE. program (if applicable); (a) IN GENERAL.—Section 5000A(a) of the which was ordered to lie on the table; (D) estimate— Internal Revenue Code of 1986 is amended by as follows: (i) the number of full-time employees who striking ‘‘2013’’ and inserting ‘‘2014’’. At the beginning of title IV, insert the fol- administer the applicable program; and (b) CONFORMING AMENDMENTS.— lowing: (ii) the number of full-time equivalents (1) Section 5000A(c)(2)(B) of the Internal SEC. 4ll. EVALUATION AND CONSOLIDATION OF (whose salary is paid in part or full by the Revenue Code of 1986 is amended— DUPLICATIVE GREEN BUILDING Federal Government through a grant or con- (A) by striking ‘‘2014’’ in clause (i) and in- PROGRAMS. tract, a subaward of a grant or contract, a serting ‘‘2015’’, and (a) DEFINITIONS.—In this section: cooperative agreement, or another form of (B) by striking ‘‘2015’’ in clauses (ii) and (1) ADMINISTRATIVE EXPENSES.—The term financial award or assistance) who assist in (iii) and inserting ‘‘2016’’. ‘‘administrative expenses’’ has the meaning administering the applicable program; (2) Section 5000A(c)(3)(B) of such Code is given the term by the Director of the Office (E) describe the type of assistance the ap- amended— of Management and Budget under section plicable program provides, such as grants, (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, 504(b)(2) of the Energy and Water Develop- technical assistance, loans, tax credits, or and ment and Related Agencies Appropriations tax deductions; (B) by striking ‘‘2015’’ (prior to amendment Act, 2010 (31 U.S.C. 1105 note; Public Law 111– (F) describe the type of recipient who bene- by subparagraph (A)) and inserting ‘‘2016’’. 85), except that the term shall include, for fits from the assistance provided, such as in- (3) Section 5000A(c)(3)(D) of such Code is purposes of that section and this section, dividual property owners or renters, local amended— with respect to an agency— governments, businesses, nonprofit organiza- (A) by striking ‘‘2016’’ and inserting ‘‘2017’’, (A) costs incurred by the agency and costs tions, or State governments; and and incurred by grantees, subgrantees, and other (G) identify and report on whether written (B) by striking ‘‘2015’’ and inserting ‘‘2016’’. recipients of funds from a grant program or program goals are available for the applica- (4) Section 5000A(e)(1)(D) of such Code is other program administered by the agency; ble program. amended— and (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (B) expenses related to personnel salaries (c) PROGRAM RECOMMENDATIONS.—Not later and and benefits, property management, travel, than January 1, 2015, the appropriate Secre- (B) by striking ‘‘2013’’ and inserting ‘‘2014’’. program management, promotion, reviews taries shall jointly submit to Congress a re- (c) EFFECTIVE DATE.—The amendments and audits, case management, and commu- port that includes— made by this section shall take effect as if nication about, promotion of, and outreach (1) an analysis of whether any of the appli- included in section 1501 of the Patient Pro- for programs and program activities admin- cable programs should be eliminated or con- tection and Affordable Care Act. istered by the agency. solidated, including any legislative changes Subtitle B—Authority for Mandate Delay Act (2) APPLICABLE PROGRAMS.—The term ‘‘ap- that would be necessary to eliminate or con- SEC. ll11. SHORT TITLE. plicable programs’’ means the programs list- solidate the applicable programs; and This subtitle may be cited as the ‘‘Author- ed in Table 9 (pages 348-350) of the report of (2) ways to improve the applicable pro- ity for Mandate Delay Act’’. the Government Accountability Office enti- grams by establishing program goals or in- SEC. ll12. DELAY IN APPLICATION OF EM- tled ‘‘2012 Annual Report: Opportunities to creasing collaboration so as to reduce the PLOYER HEALTH INSURANCE MAN- Reduce Duplication, Overlap and Fragmenta- overlap and duplication identified in— DATE. tion, Achieve Savings, and Enhance Rev- (A) the 2011 report of the Government Ac- (a) IN GENERAL.—Section 1513(d) of the Pa- enue’’. countability Office entitled ‘‘Federal Initia- tient Protection and Affordable Care Act is (3) APPROPRIATE SECRETARIES.—The term tives for the NonFederal Sector Could Ben- amended by striking ‘‘December 31, 2013’’ and ‘‘appropriate Secretaries’’ means— efit from More Interagency Collaboration’’; inserting ‘‘December 31, 2014’’. (A) the Secretary; and (b) REPORTING REQUIREMENTS.— (B) the Secretary of Agriculture; (B) the report of the Government Account- (1) REPORTING BY EMPLOYERS.—Section (C) the Secretary of Defense; ability Office entitled ‘‘2012 Annual Report: 1514(d) of the Patient Protection and Afford- (D) the Secretary of Education; Opportunities to Reduce Duplication, Over- able Care Act is amended by striking ‘‘De- (E) the Secretary of Health and Human lap and Fragmentation, Achieve Savings, cember 31, 2013’’ and inserting ‘‘December 31, Services; and Enhance Revenue’’. 2014’’.

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.044 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6389 (2) REPORTING BY INSURANCE PROVIDERS.— which was ordered to lie on the table; SEC. 303. FEDERAL DATA CENTER CONSOLIDA- Section 1502(e) of the Patient Protection and as follows: TION INITIATIVE. (a) DEFINITIONS.—In this section: Affordable Care Act is amended by striking On page 48, after line 16, add the following: ‘‘2013’’ and inserting ‘‘2014’’. (1) ADMINISTRATOR.—The term ‘‘Adminis- SEC. 4ll. CONSOLIDATION OF ENERGY STAR (c) EFFECTIVE DATE.—The amendments trator’’ means the Administrator for the Of- PROGRAM. made by this section shall take effect as if fice of E-Government and Information Tech- (a) CONSOLIDATION OF ENERGY STAR PRO- included in the provision of the Patient Pro- nology within the Office of Management and GRAM.— tection and Affordable Care Act to which Budget. (1) TERMINATION OF AUTHORITY.—The au- they relate. (2) FDCCI.—The term ‘‘FDCCI’’ means the thority of the Administrator of the Environ- Federal Data Center Consolidation Initiative mental Protection Agency with respect to described in the Office of Management and SA 1872. Mr. VITTER submitted an the Energy Star program established under amendment intended to be proposed by Budget Memorandum on the Federal Data section 324A of the Energy Policy and Con- Center Consolidation Initiative, dated Feb- him to the bill S. 1392, to promote en- servation Act (42 U.S.C. 6294a) is terminated. ruary 26, 2010, or any successor thereto. ergy savings in residential buildings (2) TRANSFER OF FUNCTIONS.—There are (b) FEDERAL DATA CENTER CONSOLIDATION and industry, and for other purposes; transferred to the Secretary of Energy all INVENTORIES AND PLANS.— which was ordered to lie on the table; functions that the Administrator of the En- (1) IN GENERAL.— as follows: vironmental Protection Agency was author- (A) ANNUAL REPORTING.—Each year, begin- ized to exercise with respect to the Energy ning in the first fiscal year after the date of At the appropriate place, insert the fol- Star program on the day before the date of enactment of this Act and for each of the 4 lowing: enactment of this Act. fiscal years thereafter, the head of each SEC. 4lll. ELIMINATION OF TAX CREDIT FOR (3) REDUCTION IN FUNDS.—Notwithstanding agency that is described in subparagraph (D), MOTOR VEHICLES PRODUCED any other provision of law— assisted by the Chief Information Officer of THROUGH AN ENERGY AND CARBON- INTENSIVE MANUFACTURING PROC- (A) of the amounts made available for the the agency, shall submit to the Adminis- ESS. Energy Star program that remain unobli- trator— (a) IN GENERAL.—Notwithstanding any gated as of the date of enactment of this Act, (i) a comprehensive asset inventory of the other law, the tax credit provided under sec- 20 percent shall be rescinded; and data centers owned, operated, or maintained tion 30D of the Internal Revenue Code of 1986 (B) of the amounts rescinded under sub- by or on behalf of the agency, including aver- shall not be allowed for any motor vehicle if paragraph (A), 10 percent shall be transferred age server utilization, even if the center is the total amount of carbon dioxide generated to the Office of Inspector General of the De- administered by a third party; and through the manufacturing process for such partment of Energy. (ii) a multi-year plan to achieve the opti- vehicle is greater than 25,000 pounds. (b) CONFORMING AMENDMENTS.—Section mization and consolidation of agency data center assets, that includes— (b) REVENUE.—Any increase in revenue as a 324A of the Energy Policy and Conservation result of limitation described in subsection Act (42 U.S.C. 6294a) is amended— (I) performance metrics— (aa) that are consistent with performance (a) shall be made available to offset the cost (1) in subsection (a), by striking ‘‘and the metrics established by the Administrator of any energy efficiency upgrades made to Environmental Protection Agency’’; under subparagraphs (C) and (G) of para- hospitals, schools, nursing homes, and (2) by striking subsection (b); graph (2); and daycare facilities. (3) in subsection (c)— (A) in the matter preceding paragraph (1), (bb) by which the quantitative and quali- SA 1873. Mr. COBURN submitted an by striking ‘‘Administrator and the’’; and tative progress of the agency toward data center consolidation goals can be measured; amendment intended to be proposed by (B) in paragraph (7), by striking ‘‘Agency or’’; and (II) a timeline for agency activities com- him to the bill S. 1392, to promote en- (4) by redesignating subsections (c) and (d) pleted under the FDCCI, with an emphasis on ergy savings in residential buildings as subsections (b) and (c), respectively. benchmarks the agency can achieve by spe- and industry, and for other purposes; cific dates; which was ordered to lie on the table; SA 1876. Mr. THUNE submitted an (III) an aggregation of year-by-year invest- as follows: amendment intended to be proposed by ment and cost savings calculations for the 5- fiscal-year period past the date of submission Beginning on page 33, strike line 13 and all him to the bill S. 1392, to promote en- to the Administrator, broken down by each that follows through page 36, line 21. ergy savings in residential buildings year, including a description of any initial and industry, and for other purposes; Mr. COBURN submitted an costs for data center consolidation and life SA 1874. which was ordered to lie on the table; cycle cost savings, with an emphasis on— amendment intended to be proposed by as follows: (aa) meeting the Government-wide per- him to the bill S. 1392, to promote en- At the appropriate place, insert the fol- formance metrics described in subparagraphs ergy savings in residential buildings lowing: (C) and (G) of paragraph (2); and and industry, and for other purposes; SEC. ll. LIMITATION ON SUBSIDIES FOR INDI- (bb) demonstrating agency-specific savings which was ordered to lie on the table; VIDUALS IN TAFT-HARTLEY PLANS. each fiscal year achieved through the FDCCI; as follows: (a) IN GENERAL.—Notwithstanding any and other provision of law, no premium tax cred- (IV) any additional information required On page 48, after line 16, add the following: its shall be permitted under section 36B of by the Administrator. SEC. 4ll. STUDY AND REPORT ON TAXPAYER-AS- the Internal Revenue Code of 1986 and no re- (B) USE OF EXISTING REPORTING STRUC- SISTED COMPANIES THAT HAVE TURES FILED FOR BANKRUPTCY. ductions in cost-sharing shall be permitted .—The Administrator may require agencies described in subparagraph (D) to Not later than 180 days after the date of under section 1402 of the Patient Protection submit any information required to be sub- enactment of this Act, the Secretary shall— and Affordable Care Act (42 U.S.C. 18071) mitted under this subsection through report- (1) conduct a study to determine the total with respect to an individual for health in- ing structures in use as of the date of enact- number of companies that— surance coverage provided pursuant to the ment of this Act. (A) received funds from a grant, loan, or terms of a collective bargaining agreement (C) CERTIFICATION.—Each year, beginning loan guarantee of the Department of Energy involving one or more employers. (b) QUALIFIED PLANS.—Section 1301(a) of in the first fiscal year after the date of en- or any other Federal agency or program the Patient Protection and Affordable Care actment of this Act and for each of the 4 fis- under— Act (42 U.S.C. 18021(a)) is amended by adding cal years thereafter, acting through the chief (i) section 1703 of the Energy Policy Act of at the end the following: information officer of the agency, shall sub- 2005 (42 U.S.C. 16513); or ‘‘(5) TAFT-HARTLEY PLANS.—The term mit a statement to the Administrator certi- (ii) section 1705 of the Energy Policy Act of ‘qualified health plan’ shall not include fying that the agency has complied with the 2005 (42 U.S.C. 16516); and health insurance coverage provided pursuant requirements of this Act. (B) filed for bankruptcy under chapter 7 or to the terms of a collective bargaining agree- (D) AGENCIES DESCRIBED.—The agencies (in- 11 of title 11, United States Code, within 5 ment involving one or more employers.’’. cluding all associated components of the years after the date of receipt of the Federal agency) described in this paragraph are the— loan, grant, or loan guarantee; and SA 1877. Mr. BENNET (for himself (i) Department of Agriculture; (2) submit to Congress a report that in- (ii) Department of Commerce; cludes the results of the study described in and Mr. COBURN) submitted an amend- (iii) Department of Defense; paragraph (1). ment intended to be proposed by him to the bill S. 1392, to promote energy (iv) Department of Education; Mr. COBURN submitted an savings in residential buildings and in- (v) Department of Energy; SA 1875. (vi) Department of Health and Human amendment intended to be proposed by dustry, and for other purposes; which Services; him to the bill S. 1392, to promote en- was ordered to lie on the table; as fol- (vii) Department of Homeland Security; ergy savings in residential buildings lows: (viii) Department of Housing and Urban and industry, and for other purposes; Strike section 303 and insert the following: Development;

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.044 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6390 CONGRESSIONAL RECORD — SENATE September 11, 2013 (ix) Department of the Interior; (based on data collected from each affected (B) exceeds national model codes by 30 per- (x) Department of Justice; agency under paragraph (1)). cent; and (xi) Department of Labor; (ii) UPDATE FOR CONGRESS.—The report re- (C) exceeds national model codes by 50 per- (xii) Department of State; quired under subparagraph (A) shall be sub- cent; and (xiii) Department of Transportation; mitted to Congress and shall include an up- (2) the quantified energy saving and quan- (xiv) Department of Treasury; date on the progress made by each agency tified nonenergy benefits realized from con- (xv) Department of Veterans Affairs; described in subsection paragraph (1)(E) on— ducting comprehensive or deep retrofits in (xvi) Environmental Protection Agency; (I) whether each agency has in fact sub- existing commercial buildings, including the (xvii) General Services Administration; mitted a comprehensive asset inventory, in- effect that expanding the retrofit program (xviii) National Aeronautics and Space Ad- cluding an assessment broken down by agen- would have with respect to— ministration; cy, which shall include the specific numbers, (A) the United States as a whole; and (xix) National Science Foundation; utilization, and efficiency level of data cen- (B) 2 States selected for study. (xx) Nuclear Regulatory Commission; ters; and (b) REQUIREMENTS.— (xxi) Office of Personnel Management; (II) whether each agency has submitted a (1) IN GENERAL.—In carrying out studies (xxii) Small Business Administration; comprehensive consolidation plan with the under subsection (a), the Secretary shall— (xxiii) Social Security Administration; and key elements described in paragraph (A) include in nonenergy benefits improved (xxiv) United States Agency for Inter- (1)(A)(ii). health of building occupants and the general national Development. (iii) REQUEST FOR REPORTS.—Upon request population, and greater office productivity (E) AGENCY IMPLEMENTATION OF PLANS.— from the Committee on Homeland Security that may be achieved from the adoption of Each agency described in subparagraph (D), and Governmental Affairs of the Senate or national model building energy codes; and under the direction of the Chief Information the Committee on Oversight and Govern- (B) for each of the scenarios described in Officer of the agency shall— ment Reform of the House of Representa- subsection (a)(1), calculate the societal re- (i) implement the consolidation plan re- tives, the head of an agency described in turn on investment from full implementa- quired under subparagraph (A)(ii); and paragraph (1)(E) or the Director of the Office tion of national model building energy codes, (ii) provide updates to the Administrator, of Management and Budget shall submit to with and without nonenergy benefits. on a quarterly basis, of — the requesting committee any report or in- (2) DEADLINE.—Not later than 1 year after (I) the completion of activities by the formation submitted to the Office of Man- the date of enactment of this Act, the Sec- agency under the FDCCI; agement and Budget for the purpose of pre- retary shall complete the studies required (II) any progress of the agency towards paring a report required under clause (i) or under subsection (a). meeting the Government-wide data center an updated progress report required under performance metrics described in subpara- clause (ii). SA 1879. Mr. SESSIONS (for himself graphs (C) and (G) of paragraph (2); and (4) GAO REVIEW.— and Mr. PRYOR) submitted an amend- (III) the actual cost savings realized (A) IN GENERAL.—During the 5-fiscal-year ment intended to be proposed by him through the implementation of the FDCCI. period following the date of enactment of to the bill S. 1392, to promote energy (F) RULE OF CONSTRUCTION.—Nothing in this Act, the Comptroller General of the this paragraph shall be construed to limit savings in residential buildings and in- United States shall review the quality and the reporting of information by any agency dustry, and for other purposes; which completeness of each agency’s asset inventor described in subparagraph (F) to the Admin- was ordered to lie on the table; as fol- and plans required under paragraph (1)(A). istrator, the Director of the Office of Man- lows: (B) REPORT.—The Comptroller General of agement and Budget, or to Congress . the United States shall, on an annual basis On page 47, between lines 16 and 17, insert (2) ADMINISTRATOR RESPONSIBILITIES.—The during the 5-fiscal-year period following the the following: Administrator shall— date of enactment of this Act, publish a re- SEC. 4ll. VOLUNTARY CERTIFICATION PRO- (A) establish the deadline, on an annual port on each review conducted under sub- GRAMS FOR AIR CONDITIONING, basis, for agencies to submit information FURNACE, BOILER, HEAT PUMP, AND paragraph (A) of an agency during the fiscal under this section; WATER HEATER PRODUCTS. (B) establish a list of requirements that year for which the report is published. Section 326(b) of the Energy Policy and (c) ENSURING CYBERSECURITY STANDARDS the agencies must meet to be considered in Conservation Act (42 U.S.C. 6296(b)) is FOR DATA CENTER CONSOLIDATION AND CLOUD compliance with paragraph (1); amended by adding at the end the following: COMPUTING.—An agency required to imple- (C) ensure that each certification sub- ‘‘(6) VOLUNTARY CERTIFICATION PROGRAMS ment a data center consolidation plan under mitted under paragraph (1)(C) and informa- FOR AIR CONDITIONING, FURNACE, BOILER, HEAT this Act and migrate to cloud computing tion relating to agency progress towards PUMP, AND WATER HEATER PRODUCTS.— shall do so in a manner that is consistent meeting the Government-wide total cost of ‘‘(A) IN GENERAL.—For the purpose of re- with Federal guidelines on cloud computing ownership optimization and consolidation ceiving reports from manufacturers certi- security, including— metrics is made available in a timely man- fying compliance with energy conservation ner to the general public; (1) applicable provisions found within the standards and Energy Star specifications es- (D) review the plans submitted under para- Federal Risk and Authorization Management tablished under sections 324A, 325, and 342 for graph (1) to determine whether each plan is Program (FedRAMP); and covered products described in paragraphs (3), comprehensive and complete; (2) guidance published by the National In- (4), (5), (9), and (11) of section 322(a) and cov- (E) monitor the implementation of the stitute of Standards and Technology. ered equipment described in subparagraphs (d) CLASSIFIED INFORMATION.—The Director data center plan of each agency described in (B), (C), (D), (F), (I), (J), and (K) of section of National Intelligence may waive the re- paragraph (1)(A)(ii); 340(1), and for the purpose of routine testing quirements of this Act for any element (or (F) update, on an annual basis, the cumu- to verify the product ratings of the covered component of an element) of the intelligence lative cost savings realized through the im- products and equipment, the Secretary and community. plementation of the agency plans; and Administrator shall rely on voluntary cer- (e) SUNSET.—This section is repealed effec- (G) establish Government-wide data center tification programs that— tive on October 1, 2018. total cost of ownership optimization and ‘‘(i) are nationally recognized; consolidation metrics. SA 1878. Mr. BLUMENTHAL sub- ‘‘(ii) maintain a publicly available list of (3) COST SAVING GOAL AND UPDATES FOR CON- mitted an amendment intended to be all certified models; GRESS.— ‘‘(iii)(I) unless the Secretary allows the proposed by him to the bill S. 1392, to (A) IN GENERAL.—Not later than 270 days verification testing of fewer product fami- after the date of enactment of this Act, the promote energy savings in residential lies, annually test at least 20 percent of prod- Administrator shall develop and publish a buildings and industry, and for other uct families to verify the product ratings of goal for the total amount of planned cost purposes; which was ordered to lie on the product families; and savings by the Federal Government through the table; as follows: ‘‘(II) provide to the Secretary a list of the Federal Data Center Consolidation Ini- On page 48, after line 16, add the following: product families whose product ratings are tiative during the 5-year period beginning on SEC. 4lll. STUDY ON BENEFITS OF COMMER- to be verified to allow the Secretary, to the the date of enactment of this Act, which CIAL BUILDING ENERGY CODE COM- maximum extent practicable, to identify any shall include a breakdown on a year-by-year PLIANCE. additional models as priorities for basis of the projected savings. (a) IN GENERAL.—The Secretary shall con- verification testing; (B) ANNUAL UPDATE.— duct a study of— ‘‘(iv) require the changing of product rat- (i) IN GENERAL.—Not later than 1 year after (1) the quantified energy savings and quan- ings or removal of products from the pro- the date on which the goal described in sub- tified nonenergy benefits of achieving full gram to reflect verified test ratings for prod- paragraph (A) is determined and each year compliance with national model building en- ucts that are determined to have ratings thereafter until the end of 2018, the Adminis- ergy codes (including any additional energy that do not meet the levels the manufacturer trator shall aggregate the savings achieved savings) if all new commercial building con- has certified to the Secretary; to date, by each relevant agency, through struction— ‘‘(v) require the qualification of new par- the FDCCI as compared to the projected sav- (A) meets national model building energy ticipants in the program through testing and ings developed under subparagraph (A) codes; production of test reports;

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6391 ‘‘(vi) allow for challenge testing of prod- SA 1880. Mr. LEE submitted an SEC. 513. EARLY TERMINATION OF NEW QUALI- ucts covered within the scope of the pro- amendment intended to be proposed by FIED PLUG-IN ELECTRIC DRIVE gram; MOTOR VEHICLES. him to the bill S. 1392, to promote en- (a) IN GENERAL.—Section 30D is repealed. ‘‘(vii) require program participants to cer- ergy savings in residential buildings tify all products within the scope of the pro- (b) EFFECTIVE DATE.—The amendment gram; and industry, and for other purposes; made by this section shall apply to vehicles ‘‘(viii) are conducted by a certification which was ordered to lie on the table; placed in service after the date of the enactment of this Act. body that is accredited under International as follows: Organization for Standardization/ Inter- At the appropriate place, insert the fol- SEC. 514. REPEAL OF ALTERNATIVE FUEL VEHI- CLE REFUELING PROPERTY CREDIT. national Electrotechnical Commission (ISO/ lowing: (a) IN GENERAL.—Section 30C is repealed. IEC) Standard 17065; TITLE V—ENERGY FREEDOM AND (b) CONFORMING AMENDMENTS.— ‘‘(ix) provide to the Secretary— ECONOMIC PROSPERITY (1) Subsection (b) of section 38 is amended ‘‘(I) an annual report of all test results; by striking paragraph (26). ‘‘(II) prompt notification when program SEC. 501. REFERENCE TO 1986 CODE. (2) Paragraph (3) of section 55(c) is amend- testing results in rerating of product per- Except as otherwise expressly provided, ed by striking ‘‘, 30C(d)(2),’’. formance or delisting of a product; and whenever in this title an amendment or repeal is expressed in terms of an amendment (3) Subsection (a) of section 1016, as amend- ‘‘(III) test reports on the request of the ed by section 102 of this Act, is amended by Secretary; to, or repeal of, a section or other provision, the reference shall be considered to be made striking paragraph (35) and by redesignating ‘‘(x) use verification testing that— paragraph (36) as paragraph (35). ‘‘(I) is conducted by an independent third- to a section or other provision of the Inter- nal Revenue Code of 1986. (4) Subsection (m) of section 6501 is amend- party test laboratory that is accredited ed by striking ‘‘, 30C(e)(5)’’. Subtitle A—Repeal of Energy Tax Subsidies under International Organization for Stand- (c) CLERICAL AMENDMENT.—The table of ardization/International Electrotechnical SEC. 511. REPEAL OF CREDIT FOR ALCOHOL sections for subpart B of part IV of sub- Commission (ISO/IEC) Standard 17025 with a FUEL, BIODIESEL, AND ALTER- chapter A of chapter 1 is amended by strik- scope covering the tested products; NATIVE FUEL MIXTURES. ing the item relating to section 30C. ‘‘(II) follows the test procedures estab- (a) IN GENERAL.—Section 6426 is repealed. (d) EFFECTIVE DATE.—The amendments lished under this title; and (b) CONFORMING AMENDMENTS.— made by this section shall apply to property ‘‘(III) notes in each test report any instruc- (1) Paragraph (1) of section 4101(a) is placed in service after the date of the enact- tions specified by the manufacturer or the amended by striking ‘‘or alcohol (as defined ment of this Act. in section 6426(b)(4)(A)’’. representative of the manufacturer for the SEC. 515. REPEAL OF CREDIT FOR ALCOHOL purpose of conducting the verification test- (2) Paragraph (2) of section 4104(a) is USED AS FUEL. ing; and amended by striking ‘‘6426, or 6427(e)’’. (a) IN GENERAL.—Section 40 is repealed. ‘‘(xi) satisfy such other requirements as (3) Section 6427 is amended by striking sub- (b) CONFORMING AMENDMENTS.— the Secretary has determined— section (e). (1) Subsection (b) of section 38 is amended ‘‘(I) are essential to ensure standards com- (4) Subparagraph (E) of section 7704(d)(1) is by striking paragraph (3). pliance; or amended— (2) Subsection (c) of section 196 is amended ‘‘(II) have consensus support achieved (A) by inserting ‘‘(as in effect on the day by striking paragraph (3) and by redesig- through a negotiated rulemaking process. before the date of the enactment of the En- nating paragraphs (4) through (14) as para- ‘‘(B) ADMINISTRATION.— ergy Savings and Industrial Competitiveness graphs (3) through (13), respectively. ‘‘(i) IN GENERAL.—The Secretary shall not Act of 2013)’’ after ‘‘of section 6426’’, and (3) Paragraph (1) of section 4101(a) is require— (B) by inserting ‘‘(as so in effect)’’ after amended by striking ‘‘, and every person pro- ‘‘(I) manufacturers to participate in a vol- ‘‘section 6426(b)(4)(A)’’. ducing cellulosic biofuel (as defined in sec- untary certification program described in (5) Paragraph (1) of section 9503(b) is tion 40(b)(6)(E))’’. subparagraph (A); or amended by striking the second sentence. (4) Paragraph (1) of section 4104(a) is ‘‘(II) participating manufacturers to pro- (c) CLERICAL AMENDMENT.—The table of amended by striking ‘‘, 40’’. vide information that can be obtained sections for subchapter B of chapter 65 is (c) EFFECTIVE DATE.—The amendments through a voluntary certification program amended by striking the item relating to made by this section shall apply to fuel sold described in subparagraph (A). section 6426. or used after the date of the enactment of ‘‘(ii) REDUCTION OF REQUIREMENTS.—Any (d) EFFECTIVE.— this Act. rules promulgated by the Secretary that re- (1) IN GENERAL.—Except as provided in SEC. 516. REPEAL OF CREDIT FOR BIODIESEL quire testing of products for verification of paragraph (2), the amendments made by this AND RENEWABLE DIESEL USED AS product ratings shall reduce requirements section shall apply with respect to fuel sold FUEL. and burdens for manufacturers participating and used after the date of the enactment of (a) IN GENERAL.—Section 40A is repealed. in a voluntary certification program de- this Act. (b) CONFORMING AMENDMENT.— scribed in subparagraph (A) for the products (2) LIQUEFIED HYDROGEN.—In the case of (1) Subsection (b) of section 38 is amended relative to other manufacturers. any alternative fuel or alternative fuel mix- by striking paragraph (17). ‘‘(iii) PERIODIC TESTING BY PROGRAM NON- ture (as defined in subsection (d)(2) or (e)(3) (2) Section 87 is repealed. PARTICIPANTS.—In addition to certification of section 6426 of the Internal Revenue Code (3) Subsection (c) of section 196, as amend- requirements, the Secretary shall require a of 1986 as in effect before its repeal by this ed by section 105 of this Act, is amended by manufacturer that does not participate in a Act) involving liquefied hydrogen, the striking paragraph (11) and by redesignating voluntary certification program described in amendments made by this section shall paragraphs (11), (12), and (13) as paragraphs subparagraph (A)— apply with respect to fuel sold and used after (10), (11), and (12), respectively. ‘‘(I) to verify the accuracy of the product September 30, 2014. (4) Paragraph (1) of section 4101(a) is ratings of the manufacturer through periodic SEC. 512. EARLY TERMINATION OF CREDIT FOR amended by striking ‘‘, every person pro- testing using verification testing described QUALIFIED FUEL CELL MOTOR VE- ducing or importing biodiesel (as defined in in subparagraph (A)(x); and HICLES. section 40A(d)(1)’’. ‘‘(II) to provide to the Secretary test re- (a) IN GENERAL.—Section 30B is repealed. (5) Paragraph (1) of section 4104(a) is sults and, on request, test reports verifying (b) CONFORMING AMENDMENTS.— amended by striking ‘‘, and 40A’’. the certified performance for each product (1) Subparagraph (A) of section 24(b)(3) is (6) Subparagraph (E) of section 7704(d)(1) is family of the manufacturer. amended by striking ‘‘, 30B’’. amended by inserting ‘‘(as so in effect)’’ after ‘‘(iv) RESTRICTIONS ON TEST LABORA- (2) Paragraph (2) of section 25B(g) is ‘‘section 40A(d)(1)’’. TORIES.— amended by striking ‘‘, 30B,’’. (c) CLERICAL AMENDMENT.—The table of ‘‘(I) IN GENERAL.—Subject to subclause (II), (3) Subsection (b) of section 38 is amended sections for subpart D of part IV of sub- with respect to covered products and equip- by striking paragraph (25). chapter A of chapter 1 is amended by strik- ment, a voluntary certification program de- (4) Subsection (a) of section 1016 is amend- ing the item relating to section 40A. scribed in subparagraph (A) shall not be a ed by striking paragraph (35) and by redesig- (d) EFFECTIVE DATE.—The amendments test laboratory that conducts the testing on nating paragraphs (36) and (37) as paragraphs made by this section shall apply to fuel pro- products covered within the scope of the pro- (35) and (36), respectively. duced, and sold or used, after the date of the gram. (5) Subsection (m) of section 6501 is amend- enactment of this Act. ‘‘(II) LIMITATION.—Subclause (I) shall not ed by striking ‘‘, 30B(h)(9)’’. SEC. 517. REPEAL OF ENHANCED OIL RECOVERY apply to Energy Star specifications estab- (c) CLERICAL AMENDMENT.—The table of CREDIT. lished under section 324A. sections for subpart B of part IV of sub- (a) IN GENERAL.—Section 43 is repealed. ‘‘(v) EFFECT ON OTHER AUTHORITY.—Nothing chapter A of chapter 1 is amended by strik- (b) CONFORMING AMENDMENTS.— in this paragraph limits the authority of the ing the item relating to section 30B. (1) Subsection (b) of section 38 is amended Secretary to test products or to enforce com- (d) EFFECTIVE DATE.—The amendments by striking paragraph (6). pliance with any law (including regula- made by this section shall apply to property (2) Paragraph (4) of section 45Q(d) is tions).’’. placed in service after December 31, 2014. amended by inserting ‘‘(as in effect on the

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day before the date of the enactment of the (c) CLERICAL AMENDMENT.—The table of (B) coordinate actions across Federal agen- Energy Savings and Industrial Competitive- sections for subpart E of part IV of sub- cies; ness Act of 2013)’’ after ‘‘section 43(c)(2)’’. chapter A of chapter 1 is amended by strik- (C) identify the resources needed for the in- (3) Subsection (c) of section 196, as amend- ing the item relating to section 48A. vention, adoption, and diffusion of energy ed by sections 105 and 106 of this Act, is (d) EFFECTIVE DATE.—The amendments technologies; and amended by striking paragraph (5) and by re- made by this section shall apply to property (D) provide a strong analytical base for designating paragraphs (6) through (12) as placed in service after December 31, 2014. Federal energy policy decisions; paragraphs (5) through (11), respectively. SEC. 524. REPEAL OF QUALIFYING GASIFICATION (5) a Quadrennial Energy Review should be (c) CLERICAL AMENDMENT.—The table of PROJECT CREDIT. established taking into account estimated sections for subpart D of part IV of sub- (a) IN GENERAL.—Section 48B is repealed. Federal budgetary resources; chapter A of chapter 1 is amended by strik- (b) CONFORMING AMENDMENT.—Section 46, (6) the development of an energy policy re- ing the item relating to section 43. as amended by this Act, is amended by strik- sulting from a Quadrennial Energy Review (d) EFFECTIVE DATE.—The amendments ing paragraph (3) and by redesignating para- would— made by this section shall apply to costs graphs (4) and (5) as paragraphs (3) and (4), (A) enhance the energy security of the paid or incurred after December 31, 2014. respectively. United States; SEC. 518. TERMINATION OF CREDIT FOR ELEC- (c) CLERICAL AMENDMENT.—The table of (B) create jobs; and TRICITY PRODUCED FROM CERTAIN sections for subpart E of part IV of sub- (C) mitigate environmental harm; and RENEWABLE RESOURCES. chapter A of chapter 1 is amended by strik- (7) while a Quadrennial Energy Review will (a) WIND.—Subsection (d) of section 45 is ing the item relating to section 48B. be a product of the executive branch, the re- amended by striking ‘‘January 1, 2014’’ in (d) EFFECTIVE DATE.—The amendments view will have substantial input from— paragraph (1) and inserting ‘‘the date of the made by this section shall apply to property (A) Congress; enactment of the Energy Savings and Indus- placed in service after December 31, 2014. (B) the energy industry; trial Competitiveness Act of 2013’’. (C) academia; (b) INDIAN COAL.—Subparagraph (A) of sec- Subtitle B—Reduction of Corporate Income Tax Rate (D) nongovernmental organizations; and tion 45(e)(10) is amended by striking ‘‘8-year (E) the public. SEC. 531. CORPORATE INCOME TAX RATE RE- period’’ each place it appears and inserting (b) QUADRENNIAL ENERGY REVIEW.—Section DUCED. ‘‘7-year period’’. 801 of the Department of Energy Organiza- (c) EFFECTIVE DATE.— (a) IN GENERAL.—Not later than 1 year tion Act (42 U.S.C. 7321) is amended to read (1) WIND.—The amendment made by sub- after the date of the enactment of this Act, as follows: section (a) shall apply to property placed in the Secretary of the Treasury shall prescribe service after the date of the enactment of a rate of tax in lieu of the rates under para- ‘‘SEC. 801. QUADRENNIAL ENERGY REVIEW. this Act. graphs (1) and (2) of section 11(b), section ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) DIRECTOR.—The term ‘Director’ means (2) INDIAN COAL.—The amendments made 1201(a), and paragraphs (1), (2), and (6) of sec- by subsection (b) shall apply to coal pro- tion 1445(e) of the Internal Revenue Code of the Director of the Office of Science and duced after December 31, 2012. 1986 to such a flat rate as the Secretary esti- Technology Policy within the Executive Of- fice of the President. (3) OTHER QUALIFIED ENERGY RESOURCES.— mates would result in— For termination of other qualified energy re- (1) a decrease in revenue to the Treasury ‘‘(2) FEDERAL LABORATORY.— sources for property placed in service after for taxable years beginning during the 10- ‘‘(A) IN GENERAL.—The term ‘Federal Lab- December 31, 2013, see section 45 of the Inter- year period beginning on the date of the en- oratory’ has the meaning given the term nal Revenue Code of 1986. actment of this Act, equal to ‘laboratory’ in section 12(d) of the Steven- son-Wydler Technology Innovation Act of SEC. 519. REPEAL OF CREDIT FOR PRODUCING (2) the increase in revenue for such taxable OIL AND GAS FROM MARGINAL years by reason of the amendments made by 1980 (15 U.S.C. 3710a(d)). WELLS. title I of this Act. ‘‘(B) INCLUSION.—The term ‘Federal Lab- (a) IN GENERAL.—Section 45I is repealed. (b) EFFECTIVE DATE.—The rate prescribed oratory’ includes a federally funded research (b) CONFORMING AMENDMENT.—Subsection by the Secretary under subsection (a) shall and development center sponsored by a Fed- (b) of section 38 is amended by striking para- apply to taxable years beginning more than eral agency. graph (19). 1 year after the date of the enactment of this ‘‘(3) INTERAGENCY ENERGY COORDINATION (c) CLERICAL AMENDMENT.—The table of Act. COUNCIL.—The term ‘interagency energy co- sections for subpart D of part IV of sub- ordination council’ means a council estab- chapter A of chapter 1 is amended by strik- SA 1881. Mr. PRYOR (for himself, Mr. lished under subsection (b)(1). ‘‘(4) QUADRENNIAL ENERGY REVIEW.—The ing the item relating to section 45I. ALEXANDER, Mr. BEGICH, Mr. BOOZMAN, (d) EFFECTIVE DATE.—The amendments term ‘Quadrennial Energy Review’ means a Mr. COONS, Mr. HEINRICH, Mr. TESTER, made by this section shall apply to produc- comprehensive multiyear review, coordi- tion in taxable years beginning after Decem- and Mr. UDALL of New Mexico) sub- nated across Federal agencies, that— ber 31, 2014. mitted an amendment intended to be ‘‘(A) focuses on energy programs and tech- SEC. 520. TERMINATION OF CREDIT FOR PRO- proposed by him to the bill S. 1392, to nologies; DUCTION FROM ADVANCED NU- promote energy savings in residential ‘‘(B) establishes energy objectives across CLEAR POWER FACILITIES. buildings and industry, and for other the Federal Government; and (a) IN GENERAL.—Subparagraph (B) of sec- purposes; which was ordered to lie on ‘‘(C) covers each of the areas described in tion 45J(d)(1) is amended by striking ‘‘Janu- the table; as follows: subsection (d)(2). ary 1, 2021’’ and inserting ‘‘January 1, 2015’’. ‘‘(b) INTERAGENCY ENERGY COORDINATION (b) EFFECTIVE DATE.—The amendments On page 47, between lines 16 and 17, insert COUNCIL.— made by this section shall apply to property the following: ‘‘(1) ESTABLISHMENT.—Not later than 90 placed in service after December 31, 2014. SEC. 4ll. QUADRENNIAL ENERGY REVIEW. days after the date of enactment of the En- SEC. 521. REPEAL OF CREDIT FOR CARBON DIOX- (a) FINDINGS.—Congress finds that— ergy Savings and Industrial Competitiveness IDE SEQUESTRATION. (1) the President’s Council of Advisors on Act of 2013, and every 4 years thereafter, the (a) IN GENERAL.—Section 45Q is repealed. Science and Technology recommends that President shall establish an interagency en- (b) EFFECTIVE DATE.—The amendment the United States develop a Government ergy coordination council to coordinate the made by this section shall apply to carbon wide Federal energy policy and update the Quadrennial Energy Review. dioxide captured after December 31, 2014. policy regularly with strategic Quadrennial ‘‘(2) CO-CHAIRPERSONS.—The appropriate SEC. 522. TERMINATION OF ENERGY CREDIT. Energy Reviews similar to the reviews con- senior Federal Government official des- (a) IN GENERAL.—Section 48 is amended— ducted by the Department of Defense; ignated by the President and the Director (1) by striking ‘‘January 1, 2017’’ each place (2) as the lead agency in support of energy shall be co-chairpersons of the interagency it appears and inserting ‘‘January 1, 2015’’, science and technology innovation, the De- energy coordination council. and partment of Energy has conducted a Quad- ‘‘(3) MEMBERSHIP.—The interagency energy (2) by striking ‘‘December 31, 2016’’ each rennial Technology Review of the energy coordination council shall be comprised of place it appears and inserting ‘‘December 31, technology policies and programs of the De- representatives at level I or II of the Execu- 2014’’. partment; tive Schedule of— (b) EFFECTIVE DATE.—The amendments (3) the Quadrennial Technology Review of ‘‘(A) the Department of Energy; made by this section shall apply to property the Department of Energy serves as the basis ‘‘(B) the Department of Commerce; placed in service after December 31, 2014. for coordination with other agencies and on ‘‘(C) the Department of Defense; SEC. 523. REPEAL OF QUALIFYING ADVANCED other programs for which the Department ‘‘(D) the Department of State; COAL PROJECT. has a key role; ‘‘(E) the Department of the Interior; (a) IN GENERAL.—Section 48A is repealed. (4) a Quadrennial Energy Review would— ‘‘(F) the Department of Agriculture; (b) CONFORMING AMENDMENT.—Section 46 is (A) establish integrated, Government wide ‘‘(G) the Department of the Treasury; amended by striking paragraph (3) and by re- national energy objectives in the context of ‘‘(H) the Department of Transportation; designating paragraphs (4), (5), and (6) as economic, environmental, and security pri- ‘‘(I) the Office of Management and Budget; paragraphs (3), (4), and (5), respectively. orities; ‘‘(J) the National Science Foundation;

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.046 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6393 ‘‘(K) the Environmental Protection Agen- ‘‘(M) a priority list for implementation of him to the bill S. 1392, to promote en- cy; and objectives and actions taking into account ergy savings in residential buildings ‘‘(L) such other Federal organizations, de- estimated Federal budgetary resources; and industry, and for other purposes; partments, and agencies that the President ‘‘(N) an analysis of— which was ordered to lie on the table; considers to be appropriate. ‘‘(i) points of maximum leverage for policy ‘‘(c) CONDUCT OF REVIEW.—Each Quadren- intervention to achieve outcomes; and as follows: nial Energy Review shall be conducted to ‘‘(ii) areas of energy policy that can be On page 47, between lines 16 and 17, insert provide an integrated view of important na- most effective in meeting national goals for the following: tional energy objectives and Federal energy the energy sector; and SEC. 4lll. LEAD-BASED PAINT ACTIVITIES policy, including the maximum practicable ‘‘(O) recommendations for executive TRAINING AND CERTIFICATION. alignment of research programs, incentives, branch organization changes to facilitate the Section 402(c) of the Toxic Substances Con- regulations, and partnerships. development and implementation of Federal trol Act (15 U.S.C. 2682(c)) is amended by ‘‘(d) SUBMISSION OF QUADRENNIAL ENERGY energy policies. striking paragraph (2) and inserting the fol- REVIEW TO CONGRESS.— ‘‘(e) INTERIM REPORTS.—The President may lowing: ‘‘(1) IN GENERAL.—Not later than August 1, prepare and publish interim reports as part ‘‘(2) STUDY OF CERTIFICATION.— 2015, and every 4 years thereafter, the Presi- of the Quadrennial Energy Review. ‘‘(A) IN GENERAL.—Not later than 1 year dent shall publish and submit to Congress a ‘‘(f) EXECUTIVE SECRETARIAT.— prior to proposing any renovation and re- report on the Quadrennial Energy Review. ‘‘(1) IN GENERAL.—The Secretary of Energy modeling regulation after the date of enact- ‘‘(2) INCLUSIONS.—The report described in shall provide the Quadrennial Energy Review ment of the Energy Savings and Industrial paragraph (1) should include, as appro- with an Executive Secretariat who shall Competitiveness Act of 2013, the Adminis- priate— make available the necessary analytical, fi- trator shall conduct, submit to Congress, ‘‘(A) an integrated view of short-, inter- nancial, and administrative support for the and make available for public comment mediate-, and long-term objectives for Fed- conduct of each Quadrennial Energy Review (after peer review) the results of, a study of eral energy policy in the context of eco- required under this section. the extent to which persons engaged in var- nomic, environmental, and security prior- ‘‘(2) COOPERATION.—The heads of applicable ious types of renovation and remodeling ac- ities; Federal agencies shall cooperate with the tivities in target housing, Federal and public ‘‘(B) anticipated Federal actions (including Secretary and provide such assistance, infor- buildings constructed before 1978, or com- programmatic, regulatory, and fiscal ac- mation, and resources as the Secretary may mercial buildings— tions) and resource requirements— require to assist in carrying out this sec- ‘‘(i) are exposed to lead in the conduct of ‘‘(i) to achieve the objectives described in tion.’’. such activities; and subparagraph (A); and (c) ADMINISTRATION.—Nothing in this sec- ‘‘(ii) disturb lead and create a lead-based ‘‘(ii) to be coordinated across multiple tion or an amendment made by this section paint hazard on a regular or occasional basis agencies; supersedes, modifies, amends, or repeals any in the conduct of such activities. ‘‘(C) an analysis of the prospective roles of provision of Federal law not expressly super- ‘‘(B) SCOPE AND COVERAGE.—The study con- parties (including academia, industry, con- seded, modified, amended, or repealed by this ducted under subparagraph (A) shall consider sumers, the public, and Federal agencies) in section. the risks described in clauses (i) and (ii) of achieving the objectives described in sub- that subparagraph with respect to each sepa- paragraph (A), including— SA 1882. Mr. INHOFE submitted an rate building type described in that subpara- ‘‘(i) an analysis, by energy use sector, in- amendment intended to be proposed by graph, as the regulation to be proposed cluding— would apply to each building type.’’. ‘‘(I) commercial and residential buildings; him to the bill S. 1392, to promote en- ‘‘(C) CONSULTATION.—The Administrator ‘‘(II) the industrial sector; ergy savings in residential buildings shall consult with Federal, other Govern- ‘‘(III) transportation; and and industry, and for other purposes; mental, non-profit and private sector owners ‘‘(IV) electric power; which was ordered to lie on the table; and managers of residential and commercial ‘‘(ii) requirements for invention, adoption, as follows: buildings as it conducts the study under sub- development, and diffusion of energy tech- On page 47, between lines 16 and 17, insert paragraph (A).’’ nologies that are mapped onto each of the the following: energy use sectors; and SEC. 4lllll. SPILL PREVENTION, CONTROL, SA 1884. Mr. INHOFE submitted an ‘‘(iii) other research that inform strategies AND COUNTERMEASURE RULE. amendment intended to be proposed by to incentivize desired actions; (a) DEFINITIONS.—In this subsection: him to the bill S. 1392, to promote en- ‘‘(D) an assessment of policy options to in- (1) ADMINISTRATOR.—The term ‘‘Adminis- crease domestic energy supplies and energy trator’’ means the Administrator of the En- ergy savings in residential buildings efficiency; vironmental Protection Agency. and industry, and for other purposes; ‘‘(E) an evaluation of energy storage, (2) FARM.—The term ‘‘farm’’ has the mean- which was ordered to lie on the table; transmission, and distribution requirements, ing given the term in section 112.2 of title 40, as follows: including requirements for renewable en- Code of Federal Regulations (or successor On page 48, after line 16, add the following: ergy; regulations )). SEC. 4ll. STATE OPTION OF NON-PARTICIPA- ‘‘(F) an integrated plan for the involve- (3) SPILL PREVENTION, CONTROL, AND COUN- TION IN RENEWABLE FUEL STAND- ment of the Federal Laboratories in energy TERMEASURE RULE.—The term ‘‘Spill Preven- ARD. programs; tion, Control, and Countermeasure rule’’ Section 211(o)(2)(B) of the Clean Air Act (42 ‘‘(G) portfolio assessments that describe means the Spill Prevention, Control, and U.S.C. 7545(o)(2)(B)) is amended by adding at the optimal deployment of resources, includ- Countermeasure rule, including amendments the end the following: ing prioritizing financial resources for en- to that rule, promulgated by the Environ- ‘‘(vi) ELECTION OF NON-PARTICIPATION BY ergy programs; mental Protection Agency under part 112 of STATE GOVERNMENT.— ‘‘(H) a mapping of the linkages among title 40, Code of Federal Regulations (as in ‘‘(I) IN GENERAL.—For purposes of subpara- basic research and applied programs, dem- effect on the date of enactment of this Act). graph (A), the applicable volume of renew- onstration programs, and other innovation (b) RESTRICTIONS ON ENFORCEMENT.— able fuel as determined under this subpara- mechanisms across the Federal agencies; (1) IN GENERAL.—The Administrator shall graph shall be adjusted in accordance with ‘‘(I) an identification of, and projections not enforce with respect to any farm the this clause. for, demonstration projects, including time- Spill, Prevention, Control, and Counter- ‘‘(II) REQUIREMENTS.—On passage by a frames, milestones, sources of funding, and measure rule for any violation of that rule State legislature and signature by the Gov- management; that occurs during the period beginning on ernor of the State of a law that elects to not ‘‘(J) an identification of public and private the date of enactment of the Consolidated participate in the applicable volume of re- funding needs for various energy tech- and Further Continuing Appropriations Act, newable fuel in accordance with this clause, nologies, systems, and infrastructure, in- 2013 (Public Law 113–6) and ending on Sep- the Administrator shall allow a State to not cluding consideration of public-private part- tember 30, 2013. participate in the applicable volume of re- nerships, loans, and loan guarantees; (2) RESTRICTION ON ENFORCEMENT BEGINNING newable fuel determined under clause (i). ‘‘(K) an assessment of global competitors IN FISCAL YEAR 2014.—Beginning on October 1, ‘‘(III) REDUCTION.—On the election of a and an identification of programs that can 2013, the Administrator shall not enforce State under subclause (II), the Adminis- be enhanced with international cooperation; with respect to any farm the Spill, Preven- trator shall reduce the applicable volume of ‘‘(L) an identification of policy gaps that tion, Control, and Countermeasure rule in renewable fuel determined under clause (i) need to be filled to accelerate the adoption any State until the date on which the Ad- by the percentage that reflects the national and diffusion of energy technologies, includ- ministrator has offered to brief each agri- gasoline consumption of the non-partici- ing consideration of— culture group and crop growing association pating State that is attributable to that ‘‘(i) Federal tax policies; and in that State on that rule. State. ‘‘(ii) the role of Federal agencies as early ‘‘(IV) CREDITS TO HOLD FUEL SALES HARM- adopters and purchasers of new energy tech- SA 1883. Mr. INHOFE submitted an LESS.—On the election of a State under sub- nologies; amendment intended to be proposed by clause (II), the Administrator shall provide

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.049 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6394 CONGRESSIONAL RECORD — SENATE September 11, 2013 for the generation of credits for all gasoline Security Act of 2007 (42 U.S.C. 17092(h)), in lieu of certification by certification entities (regardless of whether the gasoline is blend- consultation with the Administrator of Gen- identified under clause (i)(III).’’; and ed) provided through a fuel terminal in the eral Services, and in consultation with the (5) by adding at the end the following: State to be calculated as though the gasoline Secretary of Defense relating to those facili- ‘‘(ix) EFFECTIVE DATE.— were blended with the maximum allowable ties under the custody and control of the De- ‘‘(I) DETERMINATIONS MADE AFTER DECEM- ethanol content of gasoline allowed in that partment of Defense, shall determine those BER 31, 2015.—The amendments made by sec- State to apply toward the applicable volume certification systems for green commercial tion 405 of the Energy Savings and Industrial of renewable fuel determined under clause and residential buildings that the Secretary Competitiveness Act of 2013 shall apply to (i).’’. determines to be the most likely to encour- any determination made by a Federal agency age a comprehensive and environmentally after December 31, 2015. SA 1885. Ms. LANDRIEU (for herself sound approach to certification of green ‘‘(II) DETERMINATIONS MADE ON OR BEFORE and Mr. WICKER) submitted an amend- buildings. DECEMBER 31, 2015.—This subparagraph (as in ment intended to be proposed by her to ‘‘(cc) BASIS FOR SELECTION.—The deter- effect on the day before the date of enact- the bill S. 1392, to promote energy sav- mination of the certification systems shall ment of the Energy Savings and Industrial ings in residential buildings and indus- be based on ongoing review of the findings of Competitiveness Act of 2013) shall apply to any use of a certification system for green try, and for other purposes; which was the Federal Director under section 436(h) of the Energy Independence and Security Act of commercial and residential buildings by a ordered to lie on the table; as follows: 2007 (42 U.S.C. 17092(h)) and the criteria de- Federal agency on or before December 31, On page 36, after line 21, add the following: scribed in clause (iii). 2015.’’. SEC. 21l. THIRD-PARTY CERTIFICATION UNDER ‘‘(dd) ADMINISTRATION.—In determining SEC. 305. HIGH-PERFORMANCE GREEN FEDERAL ENERGY STAR PROGRAM. certification systems under this subclause, BUILDINGS. Section 324A of the Energy Policy and Con- the Secretary shall— Section 436(h) of the Energy Independence servation Act (42 U.S.C. 6294a) is amended by ‘‘(AA) make a separate determination for and Security Act of 2007 (42 U.S.C. 17092(h)) is adding at the end the following: all or part of each system; amended— ‘‘(e) THIRD-PARTY CERTIFICATION.— ‘‘(BB) confirm that the criteria used to (1) in the subsection heading, by striking ‘‘(1) IN GENERAL.—Subject to paragraph (2), support the selection of building products, ‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’; not later than 180 days after the date of en- materials, brands, and technologies are fair (2) by striking paragraph (1) and inserting actment of this subsection, the Adminis- and neutral (meaning that such criteria are the following: trator shall revise the certification require- based on an objective assessment of relevant ‘‘(1) IN GENERAL.—Based on an ongoing re- ments for the labeling of consumer, home, technical data), do not prohibit, disfavor, or view, the Federal Director shall identify and and office electronic products for program discriminate against selection based on tech- shall provide to the Secretary pursuant to partners that have complied with all require- nically inadequate information to inform section 305(a)(3)(D) of the Energy Conserva- ments of the Energy Star program for a pe- human or environmental risk, and are ex- tion and Production Act (42 U.S.C. riod of at least 18 months. pressed to prefer performance measures 6834(a)(3)(D)), a list of those certification ‘‘(2) ADMINISTRATION.—In the case of a pro- whenever performance measures may reason- systems that the Director identifies as the gram partner described in paragraph (1), the ably be used in lieu of prescriptive measures; most likely to encourage a comprehensive new requirements under paragraph (1)— and and environmentally sound approach to cer- ‘‘(A) shall not require third-party certifi- ‘‘(CC) use environmental and health cri- tification of green buildings.’’; and cation for a product to be listed; but teria that are based on risk assessment (3) in paragraph (2)— ‘‘(B) may require that test data and other methodology that is generally accepted by (A) in the matter preceding subparagraph product information be submitted to facili- the applicable scientific disciplines.’’; (A), by striking ‘‘system’’ and inserting tate product listing and performance (2) in clause (iii), by striking ‘‘identifying ‘‘systems’’; verification for a sample of products. the green building certification system and (B) by striking subparagraph (A) and in- ‘‘(3) THIRD PARTIES.—Nothing in this sub- level’’ and inserting ‘‘determining the green serting the following: section prevents the Administrator from building certification systems’’; ‘‘(A) an ongoing review provided to the using third parties in the course of the ad- (3) by redesignating clauses (vi) and (vii) as Secretary pursuant to section 305(a)(3)(D) of ministration of the Energy Star program. clauses (vii) and (viii), respectively; the Energy Conservation and Production Act ‘‘(4) TERMINATION.— (4) by striking clauses (iv) and (v) and in- (42 U.S.C. 6834(a)(3)(D)), which shall— ‘‘(A) IN GENERAL.—Subject to subparagraph serting the following: ‘‘(i) be carried out by the Federal Director (B), an exemption from third-party certifi- ‘‘(iv) REVIEW.—The Secretary, in consulta- to compare and evaluate standards; and cation provided to a program partner under tion with the Administrator of General Serv- ‘‘(ii) allow any developer or administrator paragraph (1) shall terminate if the program ices and the Secretary of Defense, shall con- of a rating system or certification system to partner is found to have violated program re- duct an ongoing review to evaluate and com- be included in the review;’’; quirements with respect to at least 2 sepa- pare private sector green building certifi- (C) in subparagraph (E)(v), by striking rate models during a 2-year period. cation systems, taking into account— ‘‘and’’ after the semicolon at the end; ‘‘(B) RESUMPTION.—A termination for a ‘‘(I) the criteria described in clause (iii); (D) in subparagraph (F), by striking the pe- program partner under subparagraph (A) and riod at the end and inserting a semicolon; shall cease if the program partner complies ‘‘(II) the identification made by the Fed- and with all Energy Star program requirements eral Director under section 436(h) of the En- (E) by adding at the end the following: for a period of at least 3 years.’’. ergy Independence and Security Act of 2007 ‘‘(G) a finding that, for all credits address- (42 U.S.C. 17092(h)). ing grown, harvested, or mined materials, SA 1886. Ms. LANDRIEU (for herself, ‘‘(v) EXCLUSIONS.— the system does not discriminate against the Mr. WICKER, and Mr. PRYOR) submitted ‘‘(I) IN GENERAL.—Subject to subclause (II), use of domestic products that have obtained an amendment intended to be proposed if a certification system fails to meet the re- certifications of responsible sourcing; and by her to the bill S. 1392, to promote view requirements of clause (i)(III), the Sec- ‘‘(H) a finding that the system incor- energy savings in residential buildings retary shall— porates life-cycle assessment as a credit and industry, and for other purposes; ‘‘(aa) identify the portions of the system, pathway.’’. which was ordered to lie on the table; whether prerequisites, credits, points, or f otherwise, that meet the review criteria of as follows: clause (i)(III); NOTICES OF HEARINGS At the end of title III, add following: ‘‘(bb) determine the portions of the system COMMITTEE ON ENERGY AND NATURAL SEC. 304. FEDERAL BUILDING ENERGY EFFI- that are suitable for use; and RESOURCES CIENCY PERFORMANCE STANDARDS. ‘‘(cc) exclude all other portions of the sys- Mr. WYDEN. Mr. President, I would Section 305(a)(3)(D) of the Energy Con- tem from identification and use. servation and Production Act (42 U.S.C. ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall like to announce for the information of 6834(a)(3)(D)) is amended— exclude an entire system from use if an ex- the Senate and the public that a busi- (1) in clause (i), by striking subclause (III) clusion under subclause (I)— ness meeting has been scheduled before and inserting the following: ‘‘(aa) impedes the integrated use of the the Senate Committee on Energy and ‘‘(III) SUSTAINABLE DESIGN PRINCIPLES.— system; Natural Resources on Tuesday, Sep- ‘‘(aa) IN GENERAL.—Sustainable design ‘‘(bb) creates disparate review criteria or tember 17, 2013, at 9:30 a.m., in room principles shall be applied to the siting, de- unequal point access for competing mate- SD–366 of the Dirksen Senate Office sign, and construction of buildings covered rials; or Building in Washington, DC. by this clause. ‘‘(cc) increases agency costs of the use. ‘‘(bb) SELECTION OF CERTIFICATION SYS- ‘‘(vi) INTERNAL CERTIFICATION PROCESSES.— The purpose of the business meeting TEMS.—The Secretary, after reviewing the The Secretary may by rule allow Federal is to consider a committee funding res- findings of the Federal Director under sec- agencies to develop internal certification olution for the period October 1, 2013, tion 436(h) of the Energy Independence and processes, using certified professionals, in through February 28, 2015. In addition,

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.049 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6395 I would like to announce that imme- Mr. REID. Mr. President, I ask unan- an amendment—and not only considers diately following the business meeting imous consent that Amitai Bin-Nun, a an amendment but is guaranteed a vote the Committee will hold a hearing to fellow in the office of Senator COONS, on it. consider the nominations of Mr. Ron- be granted the privilege of the floor Pretty interesting situation. The ald J. Binz to be a Commissioner of the during consideration of S. 1392. Senator’s amendment is, of course, and Federal Energy Regulatory Commis- The PRESIDING OFFICER. Without everyone knows it, only for looks. It is sion, Ms. Elizabeth M. Robinson to be objection, it is so ordered. a ‘‘gotcha’’ amendment. The Senator’s Under Secretary of Energy, and Mr. f amendment is the sort of amendment Michael L. Connor to be Deputy Sec- that is to help get some headlines in retary of Interior. NATIONAL SAVE FOR newspapers or some kind of news story. Because of the limited time available RETIREMENT WEEK We recognize it is for show. But be that for the hearing, witnesses may testify Mr. REID. Mr. President, I ask unan- as it may, we will work with managers by invitation only. However, those imous consent that the Senate proceed to craft a way forward on this bill, per- wishing to submit written testimony to S. Res. 222. haps, or we may have to take the bill for the hearing record should send it to The PRESIDING OFFICER. The down. But we will make that decision the Committee on Energy and Natural clerk will report the resolution by at a subsequent time. Resources, United States Senate, title. It is unfortunate, but that is the po- Washington, DC, 20510-6150, or by email The legislative clerk read as follows: litical world we live in now with the to [email protected] A resolution (S. Res. 222) supporting the tea-party-driven House of Representa- .gov. goals and ideals of National Save For Retire- tives. And by the way—of course every- For further information, please con- ment Week, including raising public aware- one knows by now—they couldn’t pass tact Sam Fowler at (202) 224–7571 or ness of the various tax-preferred retirement their continuing resolution today, so Abigail Campbell at (202) 224–4905. vehicles and increasing personal financial that is off the table. They were going literacy. f to do that not today but tomorrow, and There being no objection, the Senate they pulled that down. Then we have AUTHORITY FOR COMMITTEES TO proceeded to consider the resolution. our folks over here trying to just out- MEET Mr. REID. Mr. President, I ask unan- match what they do over there so we COMMITTEE ON HOMELAND SECURITY AND imous consent that the resolution be wind up getting nothing done. Such a GOVERNMENTAL AFFAIRS agreed to, the preamble be agreed to, shame. Mr. KAINE. Mr. President, I ask and the motions to reconsider be con- f unanimous consent that the Com- sidered made and laid upon the table, mittee on Homeland Security and Gov- with no intervening action or debate. ORDERS FOR THURSDAY, ernmental Affairs be authorized to The PRESIDING OFFICER. Without SEPTEMBER 12, 2013 meet during the session of the Senate objection, it is so ordered. Mr. REID. Mr. President, I ask unan- on September 11, 2013, at 9:30 a.m. to The resolution (S. Res. 222) was imous consent that when the Senate conduct a hearing entitled ‘‘The De- agreed to. completes its business today, it ad- partment of Homeland Security at 10 The preamble was agreed to. journ until 9:30 a.m. on Thursday, Sep- Years: Examining Challenges and (The resolution, with its preamble, is tember 12, 2013; and that following the Achievements and Addressing Emerg- printed in today’s RECORD under ‘‘Sub- prayer and pledge, the morning hour be ing Threats.’’ mitted Resolutions.’’) deemed expired, the Journal of pro- The PRESIDING OFFICER. Without f ceedings be approved to date, and the objection, it is so ordered. ENERGY EFFICIENCY time for the two leaders be reserved for COMMITTEE ON THE JUDICIARY their use later in the day; that fol- Mr. REID. Mr. President, I commend Mr. KAINE. Mr. President, I ask lowing any leader remarks the Senate the managers of the energy efficiency unanimous consent that the Com- be in a period of morning business for bill, Senator WYDEN, chairman of the mittee on the Judiciary be authorized 1 hour, with the time equally divided full committee, Senator MURKOWSKI, to meet during the session of the Sen- and controlled between the two leaders the ranking member, and the sponsors ate on September 11, 2013, at 10 a.m., in or their designees, with Senators per- of this legislation, Senators SHAHEEN room SD–226 of the Dirksen Senate Of- mitted to speak therein for up to 10 and PORTMAN, for their work in bring- fice Building, to conduct a hearing en- minutes each, with the majority con- ing this bill to the floor and managing titled ‘‘Judiciary Nominations.’’ trolling the first half and the Repub- it today. The PRESIDING OFFICER. Without licans the final half; that following We have had a number of Senators objection, it is so ordered. morning business, the Senate resume who have tried to offer amendments. I f consideration of S. 1392, the Energy was told by Senator SHAHEEN that she Savings and Industrial Competitive- PRIVILEGES OF THE FLOOR had a dozen or so bipartisan amend- ness Act. ments that were waiting to be offered. Mr. KAINE. Mr. President, I ask The PRESIDING OFFICER. Without There has been an attempt to offer unanimous consent that Sergio objection, it is so ordered. Aguirre, a legislative fellow in my of- amendments dealing with the bill but fice, be granted floor privileges during there is a little hurdle here with some- f morning business today, September 11, thing that is totally nongermane that ADJOURNMENT UNTIL 9:30 A.M. 2013. has been offered. TOMORROW One of the amendments Senator The PRESIDING OFFICER. Without Mr. REID. Mr. President, if there is UDALL of Colorado would like to offer objection, it is so ordered. no further business to come before the is a bipartisan amendment to promote Mr. MERKLEY. Mr. President, I ask Senate, I ask unanimous consent that energy retrofitting of schools. Senator unanimous consent that my intern, it adjourn under the previous order. BENNET of Colorado seeks to offer a bi- Donnie Turner, have privileges of the There being no objection, the Senate, partisan amendment to facilitate best floor for the balance of the day. at 6:55 p.m., adjourned until Thursday, practices in commercial real estate en- The PRESIDING OFFICER. Without September 12, 2013, at 9:30 a.m. objection, it is so ordered. ergy efficiency. Senator KLOBUCHAR Mr. UDALL of Colorado. Mr. Presi- would like to offer her amendment to f dent, I ask unanimous consent that promote energy retrofitting of non- NOMINATIONS profit buildings. But once again, Mr. Kevin Reed, a legislative fellow in my Executive nominations received by President, once again my Republican office, be granted the privilege of the the Senate: floor for the remainder of the consider- colleagues can’t help themselves. They ation of S. 1392. have objected to the consideration of DEPARTMENT OF COMMERCE The PRESIDING OFFICER. Without any of these amendments or any other ROY K. J. WILLIAMS, OF OHIO, TO BE ASSISTANT SEC- RETARY OF COMMERCE FOR ECONOMIC DEVELOPMENT, objection, it is so ordered. amendments until the Senate considers VICE JOHN R. FERNANDEZ, RESIGNED.

VerDate Mar 15 2010 03:10 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 9801 E:\CR\FM\A11SE6.047 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6396 CONGRESSIONAL RECORD — SENATE September 11, 2013

DEPARTMENT OF TRANSPORTATION THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANDREW MALANDRINO, OF VIRGINIA AMERICA: DAVID R. P. MARTINEZ, OF NEW MEXICO PAUL NATHAN JAENICHEN, SR., OF KENTUCKY, TO BE KATHERINE MARIE DIOP, OF MARYLAND EMMA OLWEN PAMELA MARWOOD, OF NEW YORK ADMINISTRATOR OF THE MARITIME ADMINISTRATION, VANIA Z. GARCIA, OF VIRGINIA ALAN DANIEL MCCARTHY, JR., OF VIRGINIA VICE DAVID T. MATSUDA, RESIGNED. JAHN FRANK JEFFREY, OF VIRGINIA CHARLES ELLIOTT MCCLELLAN, OF ARIZONA WILLIAM APPLETON MCCUE, OF MAINE DEPARTMENT OF ENERGY MICHAEL STELLARD OBRYON, JR., OF FLORIDA NIKK SOOKMEEWIRIYA, OF VIRGINIA DANIEL E. MEHRING, OF CALIFORNIA CHRISTOPHER SMITH, OF TEXAS, TO BE AN ASSISTANT DOERING S. MEYER, OF TEXAS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SECRETARY OF ENERGY (FOSSIL ENERGY), VICE LEONEL GREENE MIRANDA, OF THE DISTRICT OF COLUM- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN CHARLES DEWITT MCCONNELL, RESIGNED. BIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL WALTER MITCHELL, OF CALIFORNIA DEPARTMENT OF THE INTERIOR AMERICA: MICHAEL J. MOODY, OF UTAH KRISTEN ELIZABETH AANSTOOS, OF FLORIDA YOON S. NAM, OF CALIFORNIA ESTHER PUAKELA KIA‘AINA, OF HAWAII, TO BE AN AS- BENJAMIN J. ABBOTT, OF NEW YORK PAUL W. NEVILLE, OF WASHINGTON SISTANT SECRETARY OF THE INTERIOR, VICE ANTHONY VANESSA GRACE ACKER, OF TEXAS JENNIFER K. NILSON, OF WISCONSIN MARION BABAUTA. ZIA AHMED, OF MASSACHUSETTS RICHARD ANDREW O’NEAL, OF GEORGIA DEPARTMENT OF ENERGY JOEL DUNIWAY ALLEY, OF OREGON ZENNIA D. PAGANINI, OF MARYLAND SYED MUJTABA ANDRABI, OF WASHINGTON REENA PATEL, OF TEXAS BRADLEY CROWELL, OF NEVADA, TO BE AN ASSISTANT JEFFREY MICHAEL AUSTIN, OF FLORIDA DARIN ANN PHAOVISAID, OF ILLINOIS SECRETARY OF ENERGY (CONGRESSIONAL AND INTER- NATHAN DOUGLAS AUSTIN, OF WASHINGTON GRANT G. PHILLIPP, OF ILLINOIS GOVERNMENTAL AFFAIRS), VICE JEFFREY A. LANE. MICHELLE E. AZEVEDO, OF CALIFORNIA ARCHANA PODDAR, OF MASSACHUSETTS ENVIRONMENTAL PROTECTION AGENCY EMILY HARTER BALL, OF TEXAS CHRISTOPHER THOMAS POLILLO, OF ILLINOIS PATRICK BALL, OF TEXAS ADRIAN J. PRATT, OF FLORIDA VICTORIA MARIE BAECHER WASSMER, OF ILLINOIS, TO JESSICA ROHN BANULS, OF VIRGINIA KARA LEE PREISSEL, OF FLORIDA BE CHIEF FINANCIAL OFFICER, ENVIRONMENTAL PRO- GRAHAM GLYN BARKER, OF FLORIDA MICHAEL JOSEPH PRYOR, OF RHODE ISLAND TECTION AGENCY, VICE BARBARA J. BENNETT, RE- JARI D. BARNETT, OF OKLAHOMA AARON DAVID RADER, OF MARYLAND SIGNED. JENNIFER ALAYNE BARR, OF INDIANA AMY NICOLE REICHERT, OF COLORADO DEPARTMENT OF HEALTH AND HUMAN SERVICES AMANDA K. BECK, OF CALIFORNIA MICHAEL RICHARDS, OF FLORIDA MICHELLE NICOLE BENNETT, OF CALIFORNIA RITA ALICIA BUCK RICO, OF CALIFORNIA RICHARD G. FRANK, OF MASSACHUSETTS, TO BE AN AS- ANDREW BERDY, OF NEW JERSEY JASON CORCORAN ROBERTS, OF VIRGINIA SISTANT SECRETARY OF HEALTH AND HUMAN SERV- JOSEPH STEPHEN BERNATH, OF PENNSYLVANIA BENJAMIN O. ROGUS, OF CALIFORNIA ICES, VICE SHERRY GLIED, RESIGNED. RICHA SONI BHALA, OF ILLINOIS MICHELE ROULBET, OF ILLINOIS ALISSA BIBB, OF NEW YORK MACKENZIE LAEL ROWE, OF WASHINGTON DEPARTMENT OF STATE DUSTIN REEVE BICKEL, OF GEORGIA ALAN R. ROYSTON, OF FLORIDA LARRY EDWARD ANDRE, JR., OF VIRGINIA, A CAREER MARQUIS MCLEMORE BOYCE, OF GEORGIA SUSAN A. RUSSELL, OF MASSACHUSETTS MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RYAN G. BRADEEN, OF MAINE CRAIG ANTHONY RYCHEL, OF CALIFORNIA COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MATTHEW MCMAHON BRIGGS, OF NEW HAMPSHIRE DAVID V. SALVO, OF PENNSYLVANIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BARRETT G. BRYSON, OF CALIFORNIA MICHAEL JAMES SCHARDING, OF VIRGINIA TO THE ISLAMIC REPUBLIC OF MAURITANIA. SARAH A. BUDDS, OF SOUTH CAROLINA NILESH KANTILAL SHAH, OF CALIFORNIA JOHN P. CALLAN, OF WASHINGTON HELEN MEAGHER LA LIME, OF THE DISTRICT OF CO- GREGORY D. SIMKISS, OF GEORGIA JOSEPH CHRISTOPHER CARNES, OF OHIO LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN BARRY SMITH, OF WASHINGTON MAUREEN CHAO, OF CONNECTICUT SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AM- LEVI RADMAN SMYLIE, OF FLORIDA JESSICA CHESBRO, OF OREGON BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF SAUNDRA M. SNIDER–PUGH, OF VIRGINIA W. JOSEPH CHILDERS, OF OHIO THE UNITED STATES OF AMERICA TO THE REPUBLIC OF WILLIAM CATLETT SOLLEY, OF VIRGINIA MARJORIE E. CHRISTIAN, OF TEXAS ANGOLA. ADAM B. STERN, OF FLORIDA SARAH KATHLEEN CLYMER, OF MINNESOTA LUIS G. MORENO, OF TEXAS, A CAREER MEMBER OF STACEY D. SUTTON, OF GEORGIA CHRISTOPHER COLLINGTON, OF FLORIDA THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- NATELLA V. SVISTUNOVA, OF OREGON BRIAN M. COMMAROTO–ROVERINI, OF NEW JERSEY COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PETER J. SWEENEY, OF NEW JERSEY WILLIAM ROBERT COOK, OF CALIFORNIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA HUMZA TARAR, OF FLORIDA PHILLIP ANTHONY DE SOUZA, OF MARYLAND TO JAMAICA. NATHANIEL TEK, OF NEW JERSEY FAUSTO P. DEGUZMAN, OF WASHINGTON GEORGE JAMES TSUNIS, OF NEW YORK, TO BE AMBAS- ROBERT EMIL TIBBETTS, OF SOUTH CAROLINA JONATHAN MORRIS DENNEHY, OF MASSACHUSETTS SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF SERGEY S. TROITSKY, OF FLORIDA JILL WISNIEWSKI DIETRICH, OF THE DISTRICT OF CO- THE UNITED STATES OF AMERICA TO THE KINGDOM OF KEVIN A. VAILLANCOURT, OF WEST VIRGINIA LUMBIA NORWAY. GARETH VAUGHAN, OF FLORIDA NOAH A. DONADIEU, OF PENNSYLVANIA PUNEET TALWAR, OF THE DISTRICT OF COLUMBIA, TO JUSTINE ELIZABETH VEIT, OF MISSOURI GIDEON T. DONOHO, OF NEW YORK BE AN ASSISTANT SECRETARY OF STATE (POLITICAL- GEOFFREY DAVID LISLE WESSEL, OF NORTH CAROLINA EMILY BOND DUNIVANT, OF TENNESSEE MILITARY AFFAIRS), VICE ANDREW J. SHAPIRO . ERIN MARIE WILLIAMS, OF TEXAS GEORGE ANDREW DUSOE, OF NEW HAMPSHIRE HEATHER ANNE HIGGINBOTTOM, OF THE DISTRICT OF BRIAN K. WINGATE, OF WASHINGTON ALLISON D. DYESS, OF TEXAS COLUMBIA, TO BE DEPUTY SECRETARY OF STATE FOR ALEXIS SATHRE WOLFF, OF VIRGINIA WILLIAM ECHOLS, OF WASHINGTON MANAGEMENT AND RESOURCES, VICE THOMAS R. NIDES, HSUEH–TING WU, OF CALIFORNIA KARIN MARIE EHLERT, OF MINNESOTA RESIGNED. JOHN ANTHONY GERHARD YODER, OF THE DISTRICT OF JESSICA D. EL BECHIR, OF LOUISIANA MICHAEL ANDERSON LAWSON, OF CALIFORNIA, FOR COLUMBIA JEFFREY GORDON ELSEN, OF WISCONSIN THE RANK OF AMBASSADOR DURING HIS TENURE OF JENNIFER SUZANNE EMPIE, OF NEW YORK THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN SERVICE AS REPRESENTATIVE OF THE UNITED STATES MICHAEL A. ERVIN, OF WASHINGTON SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES OF AMERICA ON THE COUNCIL OF THE INTERNATIONAL CRAIG J. FERGUSON, OF OREGON IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CIVIL AVIATION ORGANIZATION. TIMOTHY J. FOLEY, OF FLORIDA AMERICA: DANIEL W. YOHANNES, OF COLORADO, TO BE REP- SONNET FERNANDEZ FRISBIE, OF TEXAS GABRIELA R. ARIAS VILLELA, OF FLORIDA RESENTATIVE OF THE UNITED STATES OF AMERICA TO SEAN MARIANO GARCIA, OF FLORIDA SAYED FAHIM AZIZI, OF VIRGINIA THE ORGANIZATION FOR ECONOMIC COOPERATION AND LAUREN LEIGH GARZA, OF WASHINGTON SUZANNE BALSAM, OF VIRGINIA DEVELOPMENT, WITH THE RANK OF AMBASSADOR. MAXIMILIAN ROBERT PEREZ GEBHARDT, OF NEW JER- KATRINA MARIA BARNAS, OF NEW YORK ANTHONY LUZZATTO GARDNER, OF NEW YORK, TO BE SEY JUAN BARRAGAN, OF VIRGINIA REPRESENTATIVE OF THE UNITED STATES OF AMERICA IVNA GIAUQUE, OF UTAH ASHLEY BARTLETT, OF FLORIDA TO THE EUROPEAN UNION, WITH THE RANK AND STATUS JOHN GOSHERT, OF INDIANA KATE BARTLETT, OF FLORIDA OF AMBASSADOR EXTRAORDINARY AND PLENI- COLLIER F. GRAHAM, OF MISSISSIPPI YANIV BARZILAI, OF NORTH CAROLINA POTENTIARY. MARK OSTAPOVYCH GUL, OF VIRGINIA ALEXANDER BENJAMIN BELLAH, OF VIRGINIA ELIZABETH FRAWLEY BAGLEY, OF THE DISTRICT OF MICHAEL L. GUNZBURGER, OF CALIFORNIA EMMANIA R. BLUM, OF NEW YORK COLUMBIA, TO BE AN ALTERNATE REPRESENTATIVE OF RENE GUTEL, OF ARIZONA EMILY ROSE BRANDT, OF TEXAS THE UNITED STATES OF AMERICA TO THE SIXTY-EIGHTH TAMRA KAY HACKETT, OF THE DISTRICT OF COLUMBIA JOHN CERABINO–HESS, OF CALIFORNIA SESSION OF THE GENERAL ASSEMBLY OF THE UNITED CRISTINA–ASTRID HANSELL, OF CALIFORNIA RYAN CLAY, OF VIRGINIA NATIONS. DAVID H. HASKETT, OF MARYLAND TYLER E. CRUSE, OF GEORGIA BARBARA LEE, OF CALIFORNIA, TO BE A REPRESENTA- NICKOLAUS HAUSER, OF TEXAS MICHAEL SEAN CULLINAN, OF SOUTH CAROLINA TIVE OF THE UNITED STATES OF AMERICA TO THE ELAINE MARIE HENSLE, OF VIRGINIA MARCELINA M. DA SILVA, OF VIRGINIA SIXTY-EIGHTH SESSION OF THE GENERAL ASSEMBLY OF BENJAMIN D. HESPRICH, OF VIRGINIA MARIA DAVYDENKO, OF ALASKA THE UNITED NATIONS. KATE ELIZABETH HIGGINS, OF VIRGINIA DARSHANE M. DAWLEY, OF VIRGINIA MARK MEADOWS, OF NORTH CAROLINA, TO BE A REP- SIRLI HILL, OF VIRGINIA TERRI NATHINE FRANCES DAY, OF NORTH CAROLINA RESENTATIVE OF THE UNITED STATES OF AMERICA TO MARCIA E. HOUSE, OF GEORGIA JOSHUA ROBERT DELARA, OF NEW YORK THE SIXTY-EIGHTH SESSION OF THE GENERAL ASSEM- MARCUS RYAN JACKSON, OF FLORIDA MARTHA J. DEMOS, OF FLORIDA BLY OF THE UNITED NATIONS. TIFFANY L. JACKSON, OF FLORIDA KATRINA NICOLE DRAYTON, OF MICHIGAN THEODORE STRICKLAND, OF OHIO, TO BE AN ALTER- JOSEPH V. JAMES, OF VIRGINIA ARTHUR DYMOND, OF VIRGINIA NATE REPRESENTATIVE OF THE UNITED STATES OF DANA EDWARD JENSEN, OF NEW YORK JOSEPH A. DZMURA, OF VIRGINIA AMERICA TO THE SIXTY-EIGHTH SESSION OF THE GEN- RIAN L. JENSEN, OF WASHINGTON ROBERT GEORGE EHRMANN, OF THE DISTRICT OF CO- ERAL ASSEMBLY OF THE UNITED NATIONS. ANNE DUDTE JOHNSON, OF THE DISTRICT OF COLUMBIA LUMBIA STEPHEN N. ZACK, OF FLORIDA, TO BE AN ALTERNATE LINDA MARIE JOHNSON, OF THE DISTRICT OF COLUMBIA NASHWA N. ELGADI, OF MASSACHUSETTS REPRESENTATIVE OF THE UNITED STATES OF AMERICA ALEX MICHAEL JONES, OF WISCONSIN LOGHMAN FATTAHI, OF VIRGINIA TO THE SIXTY-EIGHTH SESSION OF THE GENERAL AS- AARON JAMES KADKHODAI, OF NEW HAMPSHIRE PERLA GABRIELA FERNANDEZ, OF KANSAS SEMBLY OF THE UNITED NATIONS. CHRISTEN DECKER KADKHODAI, OF NEW HAMPSHIRE SARAH GARDINER, OF CONNECTICUT FOREIGN SERVICE LISA K. KALAJIAN, OF FLORIDA ANTHONY PETER GEORGIANNI, OF VIRGINIA MARJON E. KAMRANI, OF TENNESSEE MATTHEW J. GOODMAN, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE DEPART- STEPHANIE J. KANG, OF MISSOURI KATY A. GORE, OF VIRGINIA MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- JESSICA LEVY KANIA, OF NEW JERSEY ERIC T. HAN, OF CALIFORNIA ICE OFFICERS OF THE CLASSES STATED. MATHEW KAWECKI, OF CALIFORNIA GARRETT HARKINS, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MAX EDMUND KENDRICK, OF NEW YORK STEPHEN CAREY HARRIS, JR., OF MISSOURI CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE SALMAN KHAN KHALIL, OF VIRGINIA KARI ELAYNE HATCHER, OF MICHIGAN DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- SHANA LEE KIERAN, OF MAINE JOELY EILEEN HILDEBRAND, OF OHIO ICA: CARINA DEA KLEIN, OF THE DISTRICT OF COLUMBIA DANIEL JOSEPH HOFFMAN, JR., OF TEXAS KEVIN TIMOTHY COVERT, OF MARYLAND ROBERT EDWARD KRIS, OF NEW YORK NAHDER BRYANT HOUSHMAN, OF ILLINOIS JANET WOODBURY MILLER, OF NEW YORK KLAUDIA G. KRUEGER, OF FLORIDA HUI JUN TINA HUANG, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JAMES R. KUYKENDALL, OF OKLAHOMA ANTHONY A. IPPOLITI, OF VIRGINIA CLASS TWO, CONSULAR OFFICER AND SECRETARY IN ATHENA KWEY, OF CALIFORNIA STANLEY N. JAREK, OF WASHINGTON THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KRISTINA D. LAW, OF VIRGINIA BRIAN C. JOHNSON, OF THE DISTRICT OF COLUMBIA AMERICA: ANDREW ROTHSCHILD LEDERMAN, OF THE DISTRICT OF LESHAWNA R. JOHNSON, OF NEW YORK COLUMBIA NATHAN BENJAMIN JOHNSON, OF CALIFORNIA K. ANNA KOSINSKA, OF FLORIDA MIKAEL DANIEL LURIE, OF OREGON DANIEL P. JOYCE, OF FLORIDA YOLANDA A. PARRA, OF FLORIDA NATHANAEL MORRISON LYNN, OF THE DISTRICT OF CO- RYAN T. JOYCE, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF LUMBIA STACEY S. KERNS, OF GEORGIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN ALEXANDER C. MACFARLANE, OF PENNSYLVANIA GLORYA SING KEY, OF WASHINGTON

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 9801 E:\CR\FM\A11SE6.019 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6397 DONG WAN KIM, OF VIRGINIA To be colonel DOUGLAS B. GUTTORMSEN KENNETH M. LAM, OF THE DISTRICT OF COLUMBIA YI S. GWON EDITH HOPE LEE, OF WASHINGTON RODNEY E. GARFIELD JUSTIN D. HADLEY HAI F., LI, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON M. I. HALLOREN DANIEL M. LISS, OF FLORIDA TO THE GRADE INDICATED IN THE UNITED STATES ARMY THOMAS B. HAM TIMOTHY PETER LOCKWOOD, OF ARIZONA UNDER TITLE 10, U.S.C., SECTION 624: GREGORY S. HARKINS CHRISTIAN MCCORMICK LOUBEAU, OF NEW YORK FRANK W. HARRAR MACIEJ JAN LUCZYWO, OF NEW YORK To be major JAMES H. HARRELL II SAMIRA MARR, OF VIRGINIA RICHARD A. HARRISON JILLIAN AMBER MCCOY, OF MARYLAND CLARENCE E. DINGMAN BRIAN K. HATHAWAY JONATHAN DEMETRIUS MCMASTER, OF MARYLAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY C. HAYDEN RACHEL B. MEHRAVARI, OF NEW YORK TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES E. HAYES III STEPHEN C. MERCADO, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: DENNIS S. HEANEY SALLY MEYERS, OF THE DISTRICT OF COLUMBIA TOWNLEY R. HEDRICK TIFFANY MICHELLE MILLER, OF NORTH CAROLINA To be colonel JOHN W. HENDERSON SALVADOR CHAIDEZ MOLINA, OF CALIFORNIA MICHAEL D. HENDERSON MICHAEL A. MORENO, OF VIRGINIA BRIAN W. ADAMS VERNON W. R. HERTEL TYLER S. MOSELLE, OF THE DISTRICT OF COLUMBIA JOHNNY D. ADAMS EARL B. HIGGINS, JR. SARAH E. MOYER, OF NEVADA KEVIN D. ADMIRAL ANDREW C. HILMES CHRISTOPHER R. MULLIN, OF CALIFORNIA MARK J. AITKEN DAWN L. HILTON EMILY Y. NARKIS, OF THE DISTRICT OF COLUMBIA STEPHEN B. ALEXANDER JOHN D. HIXSON DOMINIC THUAN VINH NGUYEN, OF CALIFORNIA CRAIG J. ALIA DANIEL C. HODNE THAO THI NGUYEN, OF MASSACHUSETTS JOHN R. ALLEN MARC F. HOFFMEISTER NATALIE ANN OLDANI, OF VIRGINIA CORNELL E. ANDERTON MARK A. HOLLER KABEER PARWANI, OF MASSACHUSETTS JOEL K. AOKI DARYL O. HOOD MARYCLAIRE PEROUTKA, OF VIRGINIA JAMES J. BAILEY ARTURO J. HORTON HOMER C. PICKENS, OF VIRGINIA STEPHEN H. BALES JAMES E. HUBER TREVA MARIE POWERS, OF COLORADO SEAN W. BARNES WILLIAM H. HUFF IV JASON E. RASKIN, OF VIRGINIA BRENT M. BARTOS HERBERT A. JOLIAT MARK J. REDMOND, OF CONNECTICUT STEVEN G. BASSO DAVID E. M. JONES KRISTINA ROSALES KOSTRUKOVA, OF VIRGINIA PABLO BATISTAHERNANDEZ ROBERT P. KADERAVEK THOMAS ROSEN-MOLINA, OF CALIFORNIA CRAIG S. BAUMGARTNER MICHAEL T. KATONA MALIKAT OLAMIDE RUFAI, OF ILLINOIS DAVID R. BAXTER RICHARD R. KELLING LUIS ARMANDO SANCHEZ, OF VIRGINIA THOMAS A. BAYER II CARL D. KELLY, JR. VALERIE J. SANTOS, OF VIRGINIA IVAN P. BECKMAN JASON E. KELLY MARY SARGENT, OF VIRGINIA KOLIN V. BERNARDONI CHRISTOPHER J. KIDD MATTHEW C. SPADE, OF VIRGINIA ROBERT K. BERTRAND SEAN G. KIRSCHNER ABIGAIL M. SPENGLER, OF COLORADO MICHAEL J. BEST NIAVE F. KNELL NORA T. STAAL, OF VIRGINIA KEVIN A. BIGELMAN JOHN H. KNIGHTSTEP NICK STOJANOVICH, OF THE DISTRICT OF COLUMBIA MARK O. BILAFER DAVID R. KRAMER CAMERON D. THOMAS-SHAH, OF MICHIGAN KENNETH D. BOGGS KERIEM X. KVALEVOG AARON M. THOMPSON, OF VIRGINIA THOMAS R. BOLEN ALLAN H. LANCETA HARRY R. THOMPSON III, OF ILLINOIS TY D. BONNER ADAM W. LANGE JULIA B. THOMPSON, OF VIRGINIA CHARLES R. BOWERY, JR. GLENN E. LAPOINT MATTHEW V. TOMPKINS, OF CALIFORNIA RAYMOND D. BOWYER MICHAEL M. LARSEN LARS TRAY, OF THE DISTRICT OF COLUMBIA JAMES M. BRAMBLETT BRYAN J. LASKE BRYANA K. TUCCI, OF VIRGINIA CHRISTOPHER J. BREWER MICHAEL T. LAWHORN JEFFREY L. UNDERCOFFER, OF MARYLAND MICHAEL S. BROOKS MICHAEL J. LAWRENCE MARTIN VAUGHAN, OF IDAHO PAUL T. BROOKS DAVID R. LEWIS IVAN VILELA, OF NEW JERSEY WINSTON P. BROOKS RUSSELL S. LEWIS DANIEL RICHARD WALKER, OF NEW YORK TIMOTHY A. BRUMFIEL, SR. JOSEPH G. LOCK ADAM MICHAEL WALLINGFORD, OF NEBRASKA JEFFREY A. BRYAN RONALD G. LUKOW PHILLIP JAMES WALSKY, OF CALIFORNIA JOHN T. BRYANT WESLEY F. MACMULLEN RANDY R. WANIS, OF VIRGINIA CHRISTOPHER A. BURNS ROBERT K. MAGEE KRISTEN ELIZABETH WEAVER, OF CALIFORNIA LARRY Q. BURRIS, JR. ROBERT MANNING III DAMON A. WILLIAMS, OF CALIFORNIA DAVID A. CALDWELL CRAIG J. MANVILLE THOMAS G. WINSTON, OF VIRGINIA CHRISTOPHER J. CASSIBRY JONATHAN M. MAPLEYBRITTLE PAUL WULFSBERG, OF MASSACHUSETTS GEOFFREY A. CATLETT JOSEPH J. MARTIN EXECUTIVE OFFICE OF THE PRESIDENT EDWARD P. CHAMBERLAYNE SILAS G. MARTINEZ BRETT M. CLARK MICHAEL L. MATHEWS BETH F. COBERT, OF CALIFORNIA, TO BE DEPUTY DI- MATTHEW J. CODY JAMES A. MAXWELL RECTOR FOR MANAGEMENT, OFFICE OF MANAGEMENT CHRISTOPHER L. CONNOLLY JOSEPH MCCALLION, JR. AND BUDGET, VICE JEFFREY D. ZIENTS, RESIGNED. JOHN W. CONNOR JAMES L. MCFADYEN DEPARTMENT OF LABOR NATHAN E. COOK II MATTHEW M. MCHALE CHRISTOPHER J. COX MICHAEL J. MELITO DAVID WEIL, OF MASSACHUSETTS, TO BE ADMINIS- DARREN V. COX JEFFREY A. MERENKOV TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- PAUL A. CRAVEY JEFFREY M. METZGER MENT OF LABOR, VICE PAUL DECAMP. GEOFFREY A. CRAWFORD JODY C. MILLER PATRICK N. CROSBY SHANNON T. MILLER DEPARTMENT OF EDUCATION THOMAS A. CROWSON STEPHEN A. MILLER JAMES H. SHELTON III, OF THE DISTRICT OF COLUM- RONALD T. CUFFEE, SR. ANDREW L. MILTNER BIA, TO BE DEPUTY SECRETARY OF EDUCATION, VICE ROBERT A. B. CURRIS RONALD J. MINTY, JR. ANTHONY W. MILLER, RESIGNED. SAMUEL W. CURTIS BRADLEY F. MOCK JOHN M. CUSHING LANCE D. MOORE DEPARTMENT OF JUSTICE SHAWN L. DANIEL MATTHEW P. MOORE WILLIAM E. DARNE MATTHEW R. MOORE JOHN P. CARLIN, OF NEW YORK, TO BE AN ASSISTANT WILLIAM E. DAVENPORT II MAXIMO A. MOORE ATTORNEY GENERAL, VICE LISA O. MONACO, RESIGNED. TIMOTHY C. DAVIS CHRISTOPHER S. MORETTI, SR. DEPARTMENT OF VETERANS AFFAIRS JAMES A. DELAPP ANDREW MORGADO STEVEN L. DELVAUX DANIEL S. MORGAN SLOAN D. GIBSON, OF THE DISTRICT OF COLUMBIA, TO JEFFREY C. DENIUS SHANON J. MOSAKOWSKI BE DEPUTY SECRETARY OF VETERANS AFFAIRS, VICE W. MICHAEL C. DEROSIER DEWEY A. MOSLEY SCOTT GOULD. TORREY A. DICIRO WILLIAM C. NAGEL DEPARTMENT OF DEFENSE ROY F. DOUGLAS BRANDON D. NEWTON JAMES A. DUNCAN DEMETRIOS J. NICHOLSON JO ANN ROONEY, OF MASSACHUSETTS, TO BE UNDER THOMAS A. DUNCAN II HEATH J. NIEMI SECRETARY OF THE NAVY, VICE ROBERT O. WORK, RE- LANDY D. DUNHAM T B. NINNESS SIGNED. KEITH A. DUNKLE CHRISTOPHER R. NORRIE JAMIE MICHAEL MORIN, OF MICHIGAN, TO BE DIREC- MARSHALL V. ECKLUND DAVID A. NORTHRIDGE TOR OF COST ASSESSMENT AND PROGRAM EVALUATION, RICHARD J. EDWARDS ROBERT A. OBRIEN IV DEPARTMENT OF DEFENSE, VICE CHRISTINE H. FOX, RE- JAMES W. ELLERSON, JR. THOMAS W. OCONNOR, JR. SIGNED. PATRICK J. ELLIS DAVID S. OESCHGER MICHAEL D. LUMPKIN, OF CALIFORNIA, TO BE AN AS- JAMES G. ERBACH MICHAEL T. OESCHGER SISTANT SECRETARY OF DEFENSE, VICE MICHAEL A. MICHAEL J. ERNST DANIEL E. OGRADY SHEEHAN. MATTHEW H. FATH LANCE D. OSKEY IN THE AIR FORCE KYLE E. FEGER RAFAEL A. PAREDES TIMOTHY J. FLETCHER FLINT M. PATTERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIE J. FLUCKER, JR. BRIAN A. PAYNE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DAVID C. FOLEY ISAAC J. PELTIER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TODD M. FOX ROBERT G. PICHT, JR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TIMOTHY R. FRAMBES JOSHUA J. POTTER 601: CHARLES D. FREEMAN PATRICK V. POWERS JEFFREY W. FRENCH ANDREW T. POZNICK To be lieutenant general BRETT T. FUNCK KEITH T. PRITCHARD MAJ. GEN. SAMUEL D. COX ANDREW C. GAINEY MARK C. QUANDER MADALYN S. GAINEY PATRICK D. QUINN III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JARED J. GALAZIN JOHN L. RAFFERTY, JR. TO THE GRADE INDICATED IN THE RESERVE OF THE AIR LISA A. GARCIA DAVID L. RAUGH FORCE UNDER TITLE 10, U.S.C., SECTION 12203: PAUL N. GARCIA DAVID G. RAY To be colonel KIRK E. GIBBS PHILIP J. RAYMOND STEPHEN J. GRABSKI BRAD L. REED DARRYL MARKOWSKI GARY R. GRAVES NEIL A. REILLY, JR. IN THE ARMY DARRELL L. GREEN STEPHEN C. RENSHAW TIMOTHY M. GREENHAW KYLE M. RIEDEL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DENNIS E. GRIFFIN BRANDON S. ROBBINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANIEL GUADALUPE ELIZABETH L. ROBBINS UNDER TITLE 10, U.S.C., SECTION 624: EUGENIA K. GUILMARTIN LORI L. ROBINSON

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ROBERT M. RODRIGUEZ GARRICK M. HARMON G001362 PHILIP J. RYAN ELLIOT E. HARRIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM A. RYAN III BRADLEY C. HILTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY SAMUEL J. SAINE JOHN G. HINES, JR. UNDER TITLE 10, U.S.C., SECTION 624: JUAN M. SALDIVAR, JR. ERIC A. HOGGARD JAMES R. SALOME THOMAS P. HOLLIDAY, JR. To be colonel DAVID L. SANDERS III MATTHEW J. INGRAM PHILIP M. SECRIST III STEVEN M. JOHNSON JOEL O. ALEXANDER DAVID J. SEGALLA, JR. BENJAMIN C. JONES EDWARD W. ALLEN II PETER A. SICOLI WILLIAM H. KACZYNSKI SEAN D. ANDERSON JEREMY T. SIEGRIST KEVIN T. KAWASAKI MICHAEL J. ARNOLD MARK A. SISCO PETER K. KEMP WAYNE E. BARKER NOEL C. SMART JOSEPH E. KOLLER BRIAN W. BASSETT MICHAEL A. BAUMEISTER ELIZABETH R. SMITH DANIEL F. KUNTZ DAVID M. BEDARD GREGORY M. SMITH THOMAS M. LAFLEUR JAMES W. BOGART KELLY H. SMITH ERIC A. LAND WAYNE J. BONDY, JR. GROVER R. SOUTHERLAND ERIC J. LARSEN STEVEN R. BRADDOM COREY M. SPENCER SEUNG J. LEE JOHN C. BROOKIE RICHARD W. SPIEGEL PETER S. LEVOLA JOHN M. BROOMHEAD FRANK J. STANCO, JR. BRIAN J. LIEB CHRISTOPHER L. BROWN KENNETH T. STEPHENS KEVIN D. LITWHILER JAMES L. BROWN GEOFFREY T. STEWART WILLIE J. LOCKE III CLYDE M. BUCKLEY JOHN F. TAFT MARVIN G. LOERA PATRICK T. BUDJENSKA CHRISTOPHER P. TALCOTT DARON L. LONG GREGORY N. BUNN CHRISTOPHER P. TAYLOR DARREN D. LYNN GARRY B. BUSH CURTIS D. TAYLOR ANDREW W. MACK ADAM W. BUTLER ERIC R. TIMMERMAN ANDREW D. MARBLE DAVID B. BYERS BRIAN TRIBUS EDWARD P. MATTISON MIKE A. CALVIN COLIN P. TULEY CYNTHIA A. MATUSKEVICH JASON A. CARRICO JON M. TUSSING JAMES G. MCADEN WILLIAM D. CARUSO JACK E. VANTRESS ANDREW S. MCCLELLAND JOSEPH H. CHAN JAMES W. VIZZARD JAMES E. MCDONOUGH GREGORY H. COILE DOUGLAS J. WADDINGHAM DAVID P. MCHENRY CHRISTOPHER H. COLAVITA ERIC L. WALKER JOHN M. MCNEALY FRANZ J. CONWAY TERESA A. WARDELL GARY P. MISKOVSKY, JR. AARON J. COOK ROLF H. WATTS CHARLES P. MOORE KENNETH J. COON DOUGLAS E. WHITE JOANNE C. MOORE KERRY E. MOORES PATRICK K. CURRAN JASON D. WILLIAMS ROBERT M. MURRAY LANCE G. CURTIS BOB E. WILLIS, JR. ANGEL L. NIEVESORTIZ PAUL G. DAVIDSON ROBERT A. WRIGHT IV JOHN F. NOLDEN, JR. FRANK G. DAVIS II CHRISTOPHER V. WYNDER WILLIAM K. OCONNOR STEPHEN R. DAVIS ANDREW M. ZACHERL THOMAS J. OLIVER TOYA J. DAVIS D003063 WESLEY P. PADILLA GLENN A. DEAN III D003753 STEVE D. S. PARK RICHARD B. DEBANY D004172 MARK B. PARKER ELIZABETH DELBRIDGEKEOUGH D005673 JOSEPH G. PATTERSON CHRISTOPHER E. DEXTER D005795 GREGORY H. PENFIELD PAUL D. DISMER D006067 CELESTINO PEREZ, JR. FARRELL J. DUNCOMBE D011028 DAVID C. PERRINE ROYCE A. EDINGTON D011531 KEITH C. PHILLIPS LANCE R. ELDRED D011537 WILLIAM R. PITTMAN IV KEVIN L. ELLISON D011820 CHRISTIANE L. PLOCH LILLARD D. EVANS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES S. POWELL MARK M. EVANS TO THE GRADE INDICATED IN THE UNITED STATES ARMY FIRMAN H. RAY DALE L. FARRAND UNDER TITLE 10, U.S.C., SECTION 624: JOEL D. RAYBURN JAY M. FERREIRA To be colonel JETH B. REY TODD J. FISH MARK S. RILEY MICHAEL E. FOSTER, SR. MARCUS P. ACOSTA WENDY L. RIVERS SHANE N. FULLMER ARTHUR A. ADDLEMAN PAUL D. ROMAGNOLI DANIEL L. FURBER CHARLES H. ALLEN KEVIN P. ROMANO GAVIN J. GARDNER ROBERT F. ALVARO CRAIG S. ROSEBERRY ANTHONY GAUTIER MICHAEL R. ANDERSON DANA RUCINSKI TODD M. GENTRY STEVEN ANGERTHAL DANIEL J. RUDER AMERICUS M. GILL III RICHARD T. APPELHANS MARK J. RYDZYNSKI MATTHEW G. GOODMAN STEPHEN A. ASHPES PAUL M. SALTYSIAK BRETT F. GORDON ERIC E. ASLAKSON RONALD D. SARGENT, JR. STEPHANIE E. GRADFORD ANTHONY J. AUDREY JAMES P. SCHAPEL MARTY G. HAGENSTON MARION P. BAKALORZ WILLIAM M. SCHAUM, JR. RICHARD T. HAGGERTY JOHN L. BARRETT, JR. ROBERT C. SCHULTE YEE C. HANG JAIME T. BAZIL PAUL D. SCHUMACHER II MATHEW J. HANNAH JOHN A. BENEDICT SUZANNE M. SELF ANTHONY L. HAYCOCK DOUGLAS W. BENNETT JEFFREY S. SETTLE JERED P. HELWIG TODD A. BERRY EULYS B. SHELL II JOHN B. HINSON WOLFGANG T. BIGGERSTAFF DALE K. SLADE RICHARD J. HOERNER KIM T. BIVIN DARREN R. SMITH DEAN M. HOFFMAN IV DAVID M. BRADSHAW FRANK H. SMITH, JR. JAMES P. HOOPER JOHN D. BRANCH STEPHEN M. SMITH DONALD W. HURST III STEVEN E. BREWER TIMOTHY A. SOLIE ANDREW J. HYATT JONALAN BRICKEY WILLIAM A. SPEIER III SULA L. IRISH DANIEL W. BURNETT STEVEN D. STANLEY WILLIAM D. JACKSON THOMAS M. BUTLER KENNETH A. STEVENS ELMORE J. JONES, JR. ROBERT H. CARR OLIN K. STRADER JOHN D. KAYLOR, JR. CLAUDIA J. CARRIZALES WALTER S. SUTTON JAMES R. KENNEDY TANIA M. CHACHO FRANK F. TANK MARTINE S. KIDD JOO E. CHO PATRICK A. TEAGUE PETER J. KIM KURT P. CONNELL DAVID W. TROTTER FEDERICA L. KING JOHN A. CONNIFF GEORGE C. TURNER, JR. NORMAN B. KIRBY, JR. MICHAEL R. CORPENING LANE M. TURNER CHARLES H. KOEHLER III PAUL G. CRAFT MICHAEL C. VANDEVELDE CHRISTOPHER J. LACKOVIC BRADY A. CROSIER BRET P. VANPOPPEL TRACY L. LANIER ELOY E. CUEVAS WILLIAM T. VIAR ROBERT N. LAW QUACEY L. DAVIS ROBERT A. VITT GAVIN A. LAWRENCE STEPHEN E. DAWSON GLENN J. VOELZ RICARDO LEBRON JOHN M. DEMKO JAMES E. WALKER BRIAN D. LEJEUNE JOHN A. DINGES FORTE D. WARD DOUGLAS A. LEVIEN GREGORY J. DOUBEK JOHN W. WEIDNER DOUGLAS S. LOWREY BRIAN R. DUNMIRE DON L. WILLADSEN LEE J. MACGREGOR CHRISTOPHER R. DURHAM DAVID T. WILLIAMS GARY A. MARTIN DONALD W. EDWARDS, JR. GREGORY A. WILLIAMS JEFFREY W. MARTIN DOUGLAS J. EDWARDS DAVID N. WILSON QUINT L. MATTHEWS DEBORAH M. ELLIS LARRY N. WITTWER WILLIAM J. MCCLARY CHRISTOPHER M. FARRELL KEVIN P. WOLFLA DENNIS M. MCGOWAN STEVEN G. FINLEY DOUGLAS R. WOODALL SIDNEY W. MELTON THOMAS F. FOSTER ROBERT B. WORSHAM GERARDO V. MENESES JAMES A. FRICK CARL J. WORTHINGTON ROBERT J. MICELI DANIEL FRIEND WILLIAM M. WYATT MATTHEW R. MORRIS DAVID A. GIGLIOTTI NEWMAN M. YANG JOSEPH R. MORROW RICARDO GONZALEZ JAMES M. YOCUM MARC A. MUELLER JOHN E. GRANT MICHAEL A. YORK KEVIN J. MULVIHILL KEVIN L. GRIGGS GAIL E. S. YOSHITANI VERNON L. MYERS PETER J. HABIC RICHARD L. ZELLMANN JOSEPH A. MYRDA, JR. DAVID W. HAINES D011340 MICHAEL T. NAIFEH JOHN C. HALE G001193 THOMAS D. NETZEL JERRY A. HALL G001287 KIYOUNG A. PAK MARIE L. HALL G001333 CHARLES G. PHILLIPS BURKE R. HAMILTON G001350 JEFFERY E. PHILLIPS

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TERESA A. PLEINIS STEVEN C. GARCIA THURMAN H. PETERSON, JR. ERIC C. RANNOW KENNETH S. GARRISON SCOTT T. PETRIK JOHN A. REDINGER II MICHAEL J. GEORGE BRIAN A. PHILLIPS STEPHEN J. RILEY ANDREW D. GERLACH GEORGE H. POHLMANN KRISTIAN A. ROGERS ROLAND C. GONZALEZ GREGORY S. POTTER MARK W. RUSSELL ALBERT E. GORDON JASON D. PRICE THOMAS J. RYAN ERIC C. GOSLOWSKY JAMES L. PRIDGEN MARION A. SALTERS WILLIAM R. GREER, JR. DANIEL L. PULVERMACHER ANDREW K. SAMPSON EPHRAIM E. GRUBBS III JASON O. PYLE GREGORY E. SANDERS PAUL G. GUSTAFAN DANIEL J. QUICK MICHELLE A. SANNER CHESTER W. GUYER IAN H. RANBERG MATTHEW M. SCHWIND MARK D. HAGUE ANDREW S. RATZLAFF PAUL D. SHULER DUANE B. HAIMBACH ROBERT W. REDDING, JR. MICHAEL B. SIEGL CARLA F. HALE JAVIER A. REINA JONATHAN B. SLATER RICHARD D. HALL EDWIN B. RICE ZORN T. SLIMAN RAYMOND D. HAMMOND RUSSELL E. RICHARDSON ERIC J. SLOUGHFY DANA N. HAMPTON BOBBY M. ROACH PHILLIP E. SMALLWOOD JOHN K. HARLAN JEFFERY A. ROACH JAMES M. SMITH SHAWN A. HARRIS DONALD M. RODEWALD GARY E. SPEAROW JAMES S. HAWKINS, JR. ANDREW E. ROGERS BENNY L. STARKS, JR. RALPH F. HEDENBERG ANDREW M. ROMAN BRYAN J. STEPHENS JAMES A. HELM BRYAN J. ROSS MARK T. STINER SCOTT T. HENRY GEORGE L. ROSSER, JR. DONALD W. STONER III DAVID K. HERLIHY TAUBE A. ROY CLINT C. TAYLOR KELLY F. HILLAND BRETT D. RUSS ROBERT J. THOMAS STEVEN R. HINES ARAM A. SARAFIAN LEE M. TONSMEIRE DOUGLAS A. HINKLEY ROBBY R. SCARBERRY VINCENT C. VALLEY DANIEL J. HOBEN ADRIENNE L. SCHAFFER MENDEL D. WADDELL RAYMON J. HOEFLEIN PAUL H. SCHEIDLER BERNARD WARRINGTON, JR. HERMAN W. HOLT II FARIN D. SCHWARTZ MARTIN J. WEBER ELLIS F. HOPKINS III CHARLES C. SCOTT DONALD B. WILHIDE DENNIS HUMPHREY BRIAN K. SCULLY KENNETH K. WILLIAMS SHERMAN HUNT PHILLIP J. SELLEH JEFFREY K. WOODS MANLEY JAMES TIMOTHY T. SELLERS CHARLES WORSHIM III DAVID M. JENKINS BRIAN S. SHACKLEFORD TIMOTHY W. ZIMMERMAN RODNEY G. JENKINS GERALDINE E. SHUTT D011416 ANTHONY R. JIMENEZ DAVID K. SILBAUGH SCOTT L. JONDA ADAM R. SILVERS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WALTER R. JONES, JR. MARK F. SLUSAR TO THE GRADE INDICATED IN THE RESERVE OF THE SCOTT E. KAHLDON PAUL A. SMITH ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MARTIN J. KANE TERRENCE L. SMITH To be colonel MOSES KAOIWI, JR. LAURA J. SOARES DAVID L. KAUFFMAN PAUL T. SOUTH MICHAEL N. ADAME RHONDA A. KEISMAN DANIEL C. SPINETI BRAD S. ANDERSON SHAWN R. KERRIGAN MICHAEL A. STACKS FERNANDO ARELLANO III DAVID J. KIEFER DANA T. STRANGE CHRYSTOR L. ATKINSON SCOTT H. KINGSLEY HEATH J. STRECK MARK A. AUSTIN STEVEN P. KISTLER WALTER B. STUREK, JR. RODNEY D. BABB DONALD E. KNEIFL, JR. SCOTT L. SUCHOMSKI RONALD A. BAHR JOHN G. KRENSON MARK M. SULLIVAN JEFFREY S. BAIN DARIN M. KRUEGER MICHAEL H. SWANSON DAVID F. BAKER LANITA R. KUHN MICHAEL A. TAFF CLARK C. BARRETT JACOB D. KULZER CRAIG TEMMER JOHNNY R. BASS JOHN D. LANDRETH SUSAN P. TEMMER SAMUEL K. BEARD JOHN E. LANGSTON JEFFERY J. TEMPLIN JACK W. BEASLEY, JR. GREGORY L. LANKFORD LAWRENCE M. TERRANOVA GORDON D. BEHUNIN DAVID J. LARSON JEFFREY M. TERRILL MICHAEL R.M. BENNETT KIP O. LASSNER LEE THAGGARD LAURENCE R. BISHOP TIMOTHY B. LEDMAN PATRICK C. THIBODEAU MATTHEW D. BJELOBRK YOUNG C. LEE BARRY W. THOMAS KEITH D. BLODGETT RUDOLPH LIGSAY MILTON H. THOMPSON ANTHONY P. BOLANTE DEBORAH V. LOBBENMEIER CYNTHIA K. TINKHAM ALLEN H. BOONE MERLE E. LONDON II GARY D. TRAVIS, JR. WILLIAM L. BOREL, JR. KIMBERLY M. LUND DAVID N. VESPER RAYMOND D. BOSSERT, JR. CORWIN J. LUSK CAROLYN C. WALFORD ROBEY D. BRANTLEY DONALD F. MABRY KEVIN J. WARREN THOMAS J. BRIGHT RENEE T. MACDONALD STEPHEN E. WATKINS STANLEY E. BUDRAITIS DANIEL T. MAHON STEVEN F. WEIGEL CHRISTOPHER A. BURR KEVIN G. MALCHOW BERNICE S. WHITE EDWARD M. BUSH III DANIEL E. MARKS JOE L. WHITE III GREGORY K. BUSH BRIAN K. MARSHALL BARRY C. WHITNEY KEITH A. CALHOUN COLLEEN K. MARTIN JUDAH M. WHITNEY WENDELL L. CALHOUN JUDITH D. MARTIN MARK G. WIENS BERNARDINO C. CAPRIATO ANITA S. MASSEY JAMES N. WILLIAMS BRENT A. CAREY GERALD C. MAY JOHN M. WILLIAMS BRIAN P. CHAMPAGNE JAMES G. MCCORMACK MARY C. WILLIAMSLYNCH EDWARD J. CHRYSTAL, JR. WILLIAM L. MCDANIEL TIMOTHY J. WINSLOW CHARLES J. COATES PAMELA L. MCGAHA WALTER G. WOODRING JUANITA E. COBBS SEAN P. MCKIERNAN KARL L. WRIGHT JIMMIE L. COLE, JR. WILLIAM J. MCKINNEY KEITH L. YOUNG DAN E. COLLINS KELLY M. MCNEIL THOMAS J. ZELKO II PAUL R. CONTE MELANIE J. MEIER THE FOLLOWING NAMED ARMY NATIONAL GUARD OF MANUEL T. CORONADO ARLENE A. MELLO THE UNITED STATES OFFICERS FOR APPOINTMENT TO GARRETT B. COTTRELL MICHAEL MELLOR THE GRADE INDICATED IN THE RESERVE OF THE ARMY KEVIN T. COUNTIE MIGUEL A. MENDEZ UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: NATHAN H. CRUM MARK A. MERLINO NARCISO CRUZ WILLIAM W. MERRELL To be colonel JOHN S. CUNNINGHAM GERALD D. MEYER CHRISTOPHER J. EGAN MARK C. DAVANPORT WILLIAM P. MIGNON, JR. TERRY L. GRISHAM JOHN G. DEAN RUSSELL D. MILLER EDWARD C. LEICHNER ROSEMARIE DECK ALBERTO L. MIRANDA REX B. PAINTER BYRON P. DEEL CRAIG M. MIX RALPH R. ROBOVSKY ANDREAS K. DEKUNFFY STEPHEN J. MORGAN BRUCE R. WALTON, JR. WILLIAM DELCASTILLO JERRIE R. MUIR KEVIN J. D. DIAL LANCE J. MYLER THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR KEITH E. DINN DENNIS J. NADRASIK APPOINTMENT TO THE GRADE INDICATED IN THE HENRY S. DIXON WALTER R. NALL UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, DAVID L. DODD ALAN B. NAUGHER U.S.C., SECTIONS 531 AND 3064: STEVEN E. DONNELLY VERNON L. NEWMAN To be major JOHN P. DOOLEY, JR. SEAN C. NIKKILA DARLENE A. DOREGO ERIC W. NORRIS ANDREW D. KASTELLO JAMES M. DRAGO KEN A. NYGREN MARK A. SELDES DWAINE E. DRUMMOND JOHN M. OBOYLE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- LAWRENCE DUGAN DOUGLAS K. OCONNELL POINTMENT IN THE GRADE INDICATED IN THE UNITED GEORGE L. DUKES III EDWARD J. OLOUGHLIN STATES ARMY CHAPLAIN’S CORPS UNDER TITLE 10, U. MICHAEL W. DYKES EDWARD J. OSHEEHAN S.C., SECTIONS 531 AND 3064: PAUL F. DYNAN JODI A. PADAVANA TIMOTHY J. EICH CHAD J. PARKER To be major RICHARD E. ELAM JACK W. PARKER, JR. BRIAN E. MURPHY SHANE A. ELKINS WILLIAM L. PEACE LANCE E. ENGLET KIRK P. PEDERSON THE FOLLOWING NAMED OFFICER FOR REGULAR AP- MICHAEL J. FALK RICHARD W. PELHAM POINTMENT IN THE GRADE INDICATED IN THE UNITED BRUCE K. FERRELL JOHN A. PELLERITI STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., JEFFERY J. FILES WILLIAM L. PELLETIER SECTIONS 531 AND 3064: THOMAS J. FOSTER CHRISTOPHER L. PERRON To be lieutenant colonel ROBERT C. FRICK HENRY M. PERSON JOANNA E. GALE JEFFREY A. PETERSON TRENT E. LOISEAU

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THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAUREN S. LAZZARO POINTMENT IN THE GRADE INDICATED IN THE UNITED TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER A. LINGER STATES ARMY AS A CHAPLAIN UNDER TITLE 10, U.S. C., UNDER TITLE 10, U.S.C., SECTION 624: JACQUELINE LOPEZ SECTIONS 531 AND 3064: To be lieutenant commander RICHARD D. MAIATICO SONYA L. MCKAY To be major JONATHAN D. ALBANO CHERRY A. MINKAVAGE MARGARET A. MOFFATT YORLONDO S. M. WORTHAM MATTHEW M. BERKAU KARLIE M. BLAKE BRENDA S. MORGAN IN THE NAVY DIANA C. BLEVINS JENNIFER E. MORRISON MICHAEL J. BONO GWENDOLYN D. MULHOLLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH R. BOSSI HEATHER J. MYER IN THE GRADE INDICATED IN THE REGULAR NAVY BRYAN J. BUSTAMANTE DAVID R. MYERS UNDER TITLE 10, U.S.C., SECTION 531: JASON D. CALANDRUCCIO CARLA B. NEWKIRKMCDOWELL JEFFREY W. CARIDEO COLBY J. OQUIN To be lieutenant commander BRENDAN T. CASEY JESSICA M. ORZECHOWSKI JOSH A. CASSADA BRITTA W. CHRISTIANSON STEPHANIE M. PAONE WILLIAM I. COFFEEN IV KATHRYN L. PHILLIPS THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- BRIAN D. COLBERT ROCIO G. PORRAS MENT TO THE GRADE INDICATED IN THE REGULAR NAVY MARCUS M. CRAIG EVE S. POTEET UNDER TITLE 10, U.S.C., SECTION 531: VICTOR A. CUNNINGHAM HEATHER Y. PURCELLMULLINS To be lieutenant commander ERIK A. DECKER ANTHONY P. PUTNEY PAUL G. DEVORSE HARLEY R. RAGLE III RONALDO S. MEMIJE DANIEL J. EDDY JEREMY M. RAY ADESINA EKUNDAYO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT APRIL L. REAVES JOSHUA S. FISCHER TO THE GRADE INDICATED IN THE UNITED STATES NAVY JONATHAN F. REBUSTILLO ALFONSO V. FRANCISCO II UNDER TITLE 10, U.S.C., SECTION 624: MARGARET M. REYNOLDS MAXINE J. J. GARDNER ORLANDO RIVERA, JR. To be lieutenant commander KENNETH E. GILMORE III JEFFEREY M. ROCKETT JASON P. HARPER JEFFREY L. ROSS KEVIN L. ALBERT MICHAEL C. HOCKETT, JR. LANDRIA C. RUSSELL JEHAN C. ANDRABADO WILLIAM B. HUNT TERI R. RYALS MARK A. BLASK JASON V. ILETO DAGOBERTO SALINAS, JR. JAMEY L. CRUMB IAN G. ILIFF BETTINA A. SOLWAZI DEREK L. JONES JASON F. JACKSON JOHN T. SPANNUTH ANTHONY ROBINSON TARA R. JACKSON DAMIAN M. STORZ MICHAEL D. UHL CANDICE D. LASTIE JENNIFER D. STUDER SHAWN C. WILLIS JONATHAN B. LEUNG STACY M. SYRSTAD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SOKTHEAS S. LIENG ABREAIL D. TETZLAFF TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW C. LOVGREN ANA L. TEXIDOR UNDER TITLE 10, U.S.C., SECTION 624: ANAS E. MAAZOUZI DEVIN C. THOMAS BENJAMIN I. MAY ERIC T. TOBIN To be lieutenant commander DONALD M. MCINTYRE LINDSAY M. TOUCHETTE JOSHUA R. MELCHERT FAITH M. UNDERWOOD CHRISTOPHER B. ALLEN GRANT W. MILLER JEREMY T. VENSKE AARON T. ALLISON MATTHEW L. MILLER CHRISTOPHER R. WEISS CHRISTOPHER W. ARCHER BENJAMIN S. NICHOLS DAVID W. WELTCH GREGERY E. BALSMEIER JOSHUA F. QUENEMOEN CAMILLE C. WHITE TREVOR A. BINGHAM GEOFFREY F. ROTH ROBYN V. WHITE TRAVIS D. BRINKMAN FRANCISCO SALAZAR, JR. BRENDA M. WILLIAMS STEVEN T. CHAN JONATHAN D. SCHUMANN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH W. CHARLES CHRISTOPHER M. SHUTT TO THE GRADE INDICATED IN THE UNITED STATES NAVY PATRICK C. CHITTY JARROD H. SMITH UNDER TITLE 10, U.S.C., SECTION 624: ROBERT A. CLARK JOHN G. SPRAGUE MARCEL T. DUPLANTIER RYAN R. STICKEL To be lieutenant commander NEIL L. EBUEN JARED J. SWEETSER RAYMOND D. FLETCHER JEREMY B. TAYLOR CANDICE C. ALBRIGHT ROBERT A. FREDRIKSEN THOMAS P. TEAGUE MATTHEW S. BAILEY TIMOTHY L. GEHLING MARCUS E. THOMAS JOHN J. BATTISTI NATALIE C. O. GILLIVER MAURA L. THOMPSON DENIZ M. BAYKAN ANDREW E. HAYES DEREK E. VOGT JONATHAN B. A. BLAZEK NATHANIEL L. HERRON BROCK L. WALASKA JOHN J. BOYD STUART A. HOLLAND TITO A. WARNER TIMOTHY G. BOYLE MICHAEL T. JANSSEN MICHAEL R. WHEELER JOHN F. BUTLER BENJAMIN E. KALISH TRACEY M. WITWER SARAH J. COTTRILL DAVID L. LUNDBERG DANIEL D. YERGER ROBIN D. CRABTREE CORY D. MACCUMBEE JAMES H. YOUNG JOHN R. GOODIN JEROD D. MCCULLY BRIAN C. HAAGENSEN II THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACOB R. MCILVAINE MICHAEL B. HANZEL TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL J. MCMANUS WILLIAM A. HOLT UNDER TITLE 10, U.S.C., SECTION 624: MARC S. NELSON TARA C. LAWLOR JEREMY M. NEVIN To be lieutenant commander JOSHUA R. LORENZ DUCHUY T. NGUYEN JOHN A. V. LOVASTIK CRAIG D. PECK MICHELE Y. ALLEN KEVIN J. MEJEUR JOSHUA M. PERRY ARTURO ALVARADO, JR. MICHAEL G. MONTAGUE JEREMY R. POTTS JOHN D. ARCE MISHONDA M. MOSLEY ROBERT S. RAMSEY WILLIE R. BARKSDALE ANDREW D. MURRAY MARCUS A. SANCHEZ JAMES M. BIVINS STEPHEN A. MURRAY KENNETH D. SOWELL KIMBERLY V. BOEHLERT DANIEL W. NAPIER HENRY B. SUTER III LAURA A. BOERSTE ERIC S. NELSON JEREMY M. THEIS MARTIN L. BOESE ELIZABETH A. OCONNOR PAUL C. WEYANT JASON A. BRAINARD REBECCA M. OLDFIELDFREY KRISTIN B. WHITEHOUSE ATHENA J. BRAY PETER R. OSTROM JOSEPH M. ZUKOWSKY CHRISTINE M. BURNS TIMOTHY J. PASKEN KATIE A. CAMP THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY M. PEARSON SHERON Y. CAMPBELL AYANA B. PITTERSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY HANNAH A. CASTILLO UNDER TITLE 10, U.S.C., SECTION 624: JENNIFER L. POLLIO AMY R. CLARK TRACY L. REYNOLDS To be lieutenant commander GABRIELLE A. CRANE ELIZABETH M. ROCHE JAMES E. CRUMPTON MATTHEW A. SCHULTZ PAUL A. ARMSTRONG NEETA V. DARITY KATHERINE E. SHOVLIN RYAN B. BARENG COREY L. DAVIS GARRETT S. SNOW THOMAS A. BINGOL THOMAS B. DOKE DARCY F. URIBE AUTUMN E. BUTLERSAEGER STEPHEN J. DUNHAM II ALLISON E. WARD DAVID J. CARLSON PHONTHIP M. EADENS MATTHEW J. WOOTEN ANDREW B. COLVIN CARRIE A. EASTON KATHERINE D. WORSTELL JOHN D. CONNOLLY MARIE F. EDWARDS DANIEL L. CURTIS KIM S. FISHER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CRISTIANO S. DESOUSA LORELIE D. FLINN TO THE GRADE INDICATED IN THE UNITED STATES NAVY PETER W. DIETZ MICHAEL D. FOUST UNDER TITLE 10, U.S.C., SECTION 624: EDWARD H. ERWIN KIMBERLY J. C. GERBER To be lieutenant commander DANIEL J. FULLERTON TERRI L. GIANOTTI RANDY A. GIBSON JENNIFER L. GOODRIDGE ALEXANDER ALDANA ERIC P. HAMMEN CHRISTOPHER J. GREY LAURA J. ANDERSON DENNIS A. KELLY SHAWNA G. GROVER HAK AUTH DAVID D. J. KIM BRIAN M. GUZMAN WILLIAM F. BACA KYU C. LEE DWIGHT L. HAMPTON PAUL E. BENOIT JOSEPH F. MAYER JUDY O. HANHILA SONIA M. BILLUPS DOUGLAS C. MCINTOSH MELANI L. HARDING CARL R. BLAESING, JR. JOHN C. MONAHAN CANDICE D. HECK RICHARD H. BLAIR JAMES W. MYERS, JR. ANNETTE M. HEMPHILL WILLIAM A. BLAIR, JR. THOMAS P. OFLANAGAN KIRBY L. JAHNKE AMANDA P. BRADFORD JEFFREY J. ROSS ROSE C. JOLLY CLINTON W. BULLMAN RICHARD C. SMOTHERS FRANK A. JONES JAMES E. CABALLERO ROBERT S. SPIVEY WARREN D. KARR IV RAUL E. CARDENAL SCOT E. SROKA KATHERINE M. KIDDE KRISTINA K. CARTER BUSTER L. WILLIAMS KARL KRUGER MARTIN M. CASAREZ JAMES P. WILLIFORD, JR. TAMERA G. LARSEN DOUGLAS J. CHANG

VerDate Mar 15 2010 01:59 Sep 12, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 9801 E:\CR\FM\A11SE6.031 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 11, 2013 CONGRESSIONAL RECORD — SENATE S6401 DOMINADOR D. CONSTANTINO To be lieutenant commander MIA JIN GABRIEL N. DEFANG PATRICK E. JONES DEIRDRE E. DESMOND NEHKONTI ADAMS DEV N. KALYAN DEEPAK D. DEVASTHALI JADA M. AIKMAN NICOLE M. KING JOHN M. DISCHERT ADENIYI S. ALATISE ASHLEY B. KLEIN KELLYE A. DONOVAN RICHARD C. ANDERSEN CHRISTOPHER M. KNAUS CHRISTOFER J. ECKLUND MARY A. ANDREWS PRUDENCE Y. KNIGGE JOHN M. GARDNER MICHAEL J. ARMSTRONG KEVIN S. KOEHLER BOYCE R. GIRE JESSE BANDLE LUKE T. KRISPINSKY MARCUS A. GOBRECHT RYAN C. BARTLE BRENT W. LACEY VENA C. GREEN AARON K. BASSETT CHRISTINA L. LACROIX ROSA C. GRGURICH JONATHAN R. BEAR REMI H. LAI MARIO GUERRERO STEPHANIE M. BEDZIS DAVID R. LAMBORN THERON HAMILTON JENNIFER M. BERARDUCCI ARTHUR K. LAMMERS BETH A. HAWKS JONATHAN H. BERGER TIMOTHY M. LAWLER MARCUS E. HILL CATHERINE M. BERJOHN GRACE S. LEE GRETCHEN S. JACKSON SARAH M. BIALOBOK JEFFREY J. LEVINE RYAN F. JARMER MATTHEW S. BIDLACK ROSELLE E. LIGANOR JED J. JUACHON ERIC D. BIEWENGA DAVID M. I. LIM DEAN KANG ROBERT O. BOATWRIGHT GEORGE H. LOEFFLER III MICHAEL W. KEREKGYARTO RICHARD J. BOWER NICHOLAS F. LOGEMANN TOSHA A. KLOTZBACH DANIEL L. BOWERS BRYCE D. LOKEY MICHAEL D. KNOELL CATHERINE A. BRANKIN JAIME L. LONGOBARDI LARKIN E. MAGEL JONATHAN W. BRUGGER ROZALYN G. F. LOVE PAUL R. MAYO II DANIEL G. BRUGGERS LESLI M. LUCAS SONNY L. MCGOWAN KATHRYN E. BUIKEMA MATTHEW L. LUTYNSKI RUDY D. MEDINA TSHAWNDA J. BURKE KATHARINE I. MANGAN GREGORY J. MONK CARRICK T. BURNS JANELLE M. MARRA DARIO P. MORGAN MELISSA S. BUTTS BRUCE L. MATCHIN JOSEPH C. NEWMAN III MIGUEL A. CABRERA JESSICA A. MATTHESS KIRT C. NILSSON ORLANDO G. CABRERA ANDREW J. MCDERMOTT JOSEPH E. OSMOND MARC L. CALESTINI APRIL L. MCGILL KITTRA T. OWENS ROBERT C. CALL PETER Z. MCINTYRE FERNANDO PATRON, JR. VICTORIA A. CAMPBELL ANDREW D. MCLAUGHLIN JODI M. PHILLIPS WESLEY R. CAMPBELL DANIEL P. MCMAHON GREY H. PICKERILL MICHAEL D. CAMPIAN JOSELYN C. MERCADOABADIE RUSSELL J. SANSONE RICHARD D. CARD II MARC A. MOLENAT IVETTE R. SCHMIEGE JEFFREY M. CARNESS DANIEL J. MONLUX MATTHEW R. SCHUMACHER JOHN J. CHAN DANIELLE C. MONTEIL JOHN R. STAGE TIMOTHY J. CHINNOCK JEFFREY L. MOORE, JR. ANN M. TARTER ANTHONY J. CHOI SAMIR T. MUKHERJEE SUZANNE M. TSCHAUNER SUNG W. CHOI JENNIFER L. MURIE FELIX M. VILLANUEVA, JR. STACY M. CHRONISTER BATI A. MYLES IAN A. WAUGH JACALYN H. CLARK ROBERT MYSLIN LANCE T. WERSLAND KEITH A. CLAUSSEN KARL Z. NADOLSKY, JR. ANGELA M. WEYRICK SUZANNE D. CLAYTON TARA A. OCONNELL SCOTT H. WILLIAMS JULIE A. COHN DENNIS R. OCONNOR IV TERESA A. YOUSHOCK JEFFREY T. COOK ROBERT F. ODONNELL DANIEL L. ZAHUMENSKY LARRY M. COWLES LAUREN G. OLIVEIRA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SEAN F. COWLEY MICHELLE D. OLSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY LESLIE F. CRAWFORD HEATHER K. OSTMANN UNDER TITLE 10, U.S.C., SECTION 624: MARK I. CROSBY ERIK L. OWEN ELIZABETH B. CROWELL ADAM H. PAGE To be lieutenant commander BRIDGET K. CUNNINGHAM ANDREW M. PAUL RICARDO M. ABAKAH JENNIFER L. CUNNINGHAM COLLEEN F. PEREZ LALEH ABDOLAZADEH PATRICK L. DALY CHRISTOPHER M. PERRY MATTHEW J. ADAMO ANTHONY B. DAMBRO IV SHANNON H. PHIBBS MATTHEW W. BANKS JUSTIN L. DAY GREGORY L. PIRKL PETER D. CERVENKA LUKE T. DAY RYAN P. PONTON KATHERINE L. CHENG AMY B. DETTORI ADITYA RAGHUNANDAN CHRISTOPHER A. CONNORS MARIA I. DICKEY JEREMY K. RAMSEY JEFFREY L. CULBREATH TIMOTHY E. DOCKMAN CATHERINE M. RAPP ALEXANDER K. DESTA SEAN M. DRISCOLL LINDSEY R. RATH WILLIAM C. DONOVAN ELIZABETH A. DUBIL PAPIYA RAY DAVID M. DOW II DAMIAN J. DYCKMAN MITCHELL A. REES COLIN A. ELIOT STEPHANIE L. ELENBAUM PASQUALE F. REINO MAIJA A. FISH ANDREW W. ELLIOTT RYAN D. RESTREPO REBECCA A. FRAZER ANN E. P. ETIM CATHERINE L. RIDINGS JESUS M. GONZALEZ JOHN T. EWING JAMES P. RIES MICHAEL J. GRAU, JR. KEITH A. FAIRBANKS JASON L. ROBY PETER J. HAMMES KIMBERLY L. FISCHER MICHAEL J. ROSEDALE ADAM K. HARKRIDER SETH M. FISCHMAN GRIGORIY A. ROZENFELD ANDREA B. HASELOFF LAUREN C. FISKE DANIEL M. RUANE SCOTT A. HOCKER JAMES H. FLINT BENJAMIN F. RUDDICK VANESSA O. HOFILENA AIDITH FLORES STACY E. RUSTICO JACQUELINE A. M. HOGAN DEREK L. FOERSCHLER ELLE M. SCHOLLNBERGER BROCK J. JOHNSON SUSANNE E. FRANCIS DUSTIN J. SCHUETT LAURA E. S. JOHNSON TIMOTHY S. W. FRAZIER JOSEPH D. SCHWARTZ ANDREW B. KELSO RUTH E. GARDNER DONALD J. SETTER DARIEN G. LAZARO PHILIP A. GAUDREAU III BENNETT H. SHAPIRO JAIME K. LEE STEVEN M. GLERUM STEVEN F. SHELDEN NATHANIEL S. LEEDY RYAN J. GNANDT JENNIFER C. SHIPPY XIANG LI BRIANNE C. GOBER MEGAN M. SICK GUSTAVO E. LORES REYNALDO GOMEZ RAJ C. SINGARAJU JARED W. MACK JENNIFER L. GOODRICH TRICIA V. SKIPPER MURIEL L. MCKOY LAURA A. GRECO JASON A. SLINGERLAND ERIN E. MILLEA RISHELLE D. GREENLEE JAMES G. SLOTTO PATRICK B. MOORE JOSEPH C. GRESENS ASHLEY L. SMITH PATRICK T. MORRELL ALAN R. GRIMM DUSTIN K. SMITH AMY M. MUNSELLE KRISTINA M. GUERRA TRACIE C. SNIDER RYAN MURPHY LAURA L. HABELOW ROBERT P. SNOW BROC A. MUSHET JISUN HAHN KARL A. SODERLUND MICHAEL M. H. NGUYEN MARK E. HALLER CHARLES A. SOLA AJA N. NICHOLS JOHN C. HAMILTON LEIVI A. SOSA MARK A. NOCERA ANDREW W. HARBUCK MICHAEL K. SRACIC JAMES M. OBRIEN SUNIL B. HARI CHARLES C. STEHMAN CHRISTOPHER D. PARKS BRYAN K. HARRELL MATTHEW T. STEPANOVICH MICHAEL L. PAYNE MASON D. HARRELL III MARIE I. STRAIT LEONEL PEREZ, JR. RACHAEL M. HARTER STEPHANIE B. STRATTON ARIC M. PETERSEN AMIE L. HARVEY JONI C. STUART JOSEPH N. REARDON DANIEL T. HEARD SEAN M. STUART AMY M. RESPONDEK RICHARD U. D. HEDELIUS ADAM J. SUSMARSKI BENJAMIN L. RICKS JAMES L. HEGARTY KATHERINE L. SWARTZ JUSTIN L. ROGERS JESSIN HELMRICKBLOSSOM AMY N. SWEIGART ROBERT S. RUEHRWEIN PAUL D. HENDRICKSEN RICHARD B. THOMPSON ROBIN S. SCHROEDER NADINE D. HENLEY DARSHAN S. THOTA CHRISTOPHER G. SELLERS MARCUS G. HEROD DAVID M. TOUCHETTE AMY G. SMITH SHANNON L. HILLIER ROBYN M. TREADWELL ROBERT D. STONER SARAH D. HODGES KRISTEN D. TRINCA LESLIE H. WALLACE SCOTT P. HOPKINS BRIAN P. TULLIUS ANDRE L. WILLIAMS, JR. ADAM R. HORN JUSTIN R. TURESON GREGORY A. WILLIAMS BENJAMIN I. HOWIE SARAH J. TURNER DANIEL S. WITCHER VIRGILIO R. HUERTA ERIC R. VAUGHT CHRISTOPHER L. YOUNG MEGHAN E. HUGHES JOSEPH V. VO, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHRYN R. HUNT KATRINA S. VONGSY TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES T. HYNES MICHAEL S. WAGNER UNDER TITLE 10, U.S.C., SECTION 624: GEORGE A. JAKUBEK JAMES P. WALTON

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ALLISON B. WEISBROD JOSEPH E. ZEMAN, JR. BRITTINY A. EPPERSON MATTHEW C. WENDT WADE A. ZIMMERMAN PAUL K. HERICKHOFF KATHLYN V. WILDE NATHAN S. ZUNDEL PAUL E. JOHNSON DAMIAN T. WILLIAMS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES H. LEE KEVIN J. WINEGAR TO THE GRADE INDICATED IN THE UNITED STATES NAVY MEGHAN R. LEWIS CHRISTOPHER R. WORLEY UNDER TITLE 10, U.S.C., SECTION 624: SUSAN M. MCDOWELL KATHERINE A. WRENN KIM A. NGUYEN CHAI H. WU To be lieutenant commander RICHARD J. OKANE II JOHN M. YOSAY NATHANIEL S. RIAL CHRISTAL M. YOUNG KIMBERLY S. BAILEY ALEXANDER M. TUMMERS LISA C. YOUNG MARY J. CLINGAN CAREY A. WELSH MARVIN W. ZAHLER BENJAMIN L. DAVIS ERIC E. WONG

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