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

Vol. 160 WASHINGTON, WEDNESDAY, JUNE 4, 2014 No. 86 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, June 5, 2014, at 3 p.m. Senate WEDNESDAY, JUNE 4, 2014

The Senate met at 9:30 a.m. and was The assistant legislative clerk read Mr. REID. I ask unanimous consent called to order by the Honorable ED- the following letter: that the order for the quorum call be WARD J. MARKEY, a Senator from the U.S. SENATE, rescinded. Commonwealth of Massachusetts. PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- Washington, DC, June 4, 2014. pore. Without objection, it is so or- PRAYER To the Senate: dered. Under the provisions of rule I, paragraph 3, RECOGNITION OF THE MAJORITY LEADER The Chaplain, Dr. Barry C. Black, of- of the Standing Rules of the Senate, I hereby The ACTING PRESIDENT pro tem- fered the following prayer: appoint the Honorable EDWARD J. MARKEY, a Let us pray. Senator from the Commonwealth of Massa- pore. The majority leader is recog- Holy, holy, holy, Lord God almighty, chusetts, to perform the duties of the Chair. nized. who is and who was and who is to PATRICK J. LEAHY, SCHEDULE come, through Your wisdom all things President pro tempore. Mr. REID. Following my remarks are governed, and through Your grace Mr. MARKEY thereupon assumed the and those of the Republican leader, the all things are sustained. Give our Sen- Chair as Acting President pro tempore. Senate will be in a period of morning ators the power to serve You. As they f business until 11 a.m., with the Repub- labor to do Your will, provide them licans controlling the first 30 minutes with the wisdom to discern Your pre- RECOGNITION OF THE MAJORITY and the majority controlling the final cepts and obey Your commands. Lord, LEADER 30 minutes. help them to see that to know You is The ACTING PRESIDENT pro tem- At 11 a.m. the Senate will proceed to life, to serve You is freedom, and to pore. The majority leader is recog- executive session and begin a series of praise You is joy. Let them experience nized. up to four rollcall votes. The first three You in the center of their being, find- f will be votes on confirmation of U.S. ing delight in Your presence. district court judges and the last vote We pray in Your majestic Name. BIPARTISAN SPORTSMEN’S ACT will be a cloture vote on the nomina- Amen. OF 2014—MOTION TO PROCEED tion of Sylvia Burwell to be Secretary f Mr. REID. Mr. President, I now move of Health and Human Services. to proceed to Calendar No. 384, S. 2363, There will be a Senators-only brief- PLEDGE OF ALLEGIANCE the Hagan sportsmen’s legislation. ing at 5:30 p.m. today. The Presiding Officer led the Pledge The ACTING PRESIDENT pro tem- RECOGNITION OF THE MINORITY LEADER of Allegiance, as follows: pore. The clerk will report the motion. The ACTING PRESIDENT pro tem- I pledge allegiance to the Flag of the The assistant legislative clerk read pore. The Republican leader is recog- United States of America, and to the Repub- as follows: nized. lic for which it stands, one nation under God, Motion to proceed to Calendar No. 384, S. UNANIMOUS CONSENT REQUEST—S. 2414 indivisible, with liberty and justice for all. 2363, a bill to protect and enhance opportuni- Mr. MCCONNELL. I had indicated to f ties for recreational hunting, fishing, and the majority leader I was going to have shooting, and for other purposes. a unanimous consent request. I am APPOINTMENT OF ACTING Mr. REID. I suggest the absence of a going to propound that now. PRESIDENT PRO TEMPORE quorum. I ask unanimous consent that the En- The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- vironment and Public Works Com- clerk will please read a communication pore. The clerk will call the roll. mittee be discharged from further con- to the Senate from the President pro The assistant legislative clerk pro- sideration of S. 2414, the Coal Country tempore (Mr. LEAHY). ceeded to call the roll. Protection Act and the Senate proceed

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

S3387

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VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3388 CONGRESSIONAL RECORD — SENATE June 4, 2014 to its immediate consideration. I fur- American soldier return home to his the day before, if he has done some- ther ask consent that the bill be read a family. Sergeant Bergdahl’s release is thing wrong, military justice will step third time and passed and the motion the answer to many Americans’ pray- in and take care of that violation—if, to reconsider be considered made and ers. I can’t imagine how relieved his in fact, there was one. laid upon the table. parents and family must feel. I don’t know, but certainly that is a The ACTING PRESIDENT pro tem- It is my understanding that the wait better approach than having the pore. Is there objection? for the parents has been really unre- Taliban do it. I will choose the justice The majority leader. lenting and difficult. We have seen his system, the U.S. Army, American jus- Mr. REID. Reserving the right to ob- dad with his long, flowing beard. He de- tice, every time. ject, the rule will not become effective cided to grow that beard as long as his We have seen the brutality of the for a long time. The normal period of son was gone. His son is home now—or Taliban. Whatever the results of the time to make comments when rules are almost home. military’s inquiries, it doesn’t change being promulgated is 60 days. This one Unfortunately, though, opponents of the fact that one more American sol- is 120 days. The reason for that is Mem- President Obama have seized upon the dier is home safely. bers of my caucus want to weigh in on release of an American prisoner of war, What was the alternative? Would any American honestly prefer this to try to improve the suggested using what should be a moment of that a U.S. soldier remain in captivity rule that has come from the EPA. unity and celebration for our Nation as I am waiting to read the proposed until all the questions have been an- a chance to play political games. swered? Of course not. In the United regulation myself, which I have not The safe return of an American sol- done. I have been briefed on it by my States we rescue our soldiers first and dier should not be used to score polit- ask questions later. staff, and I will read this closely, as I ical points. When a man or woman puts am sure every Senator will. This is what RADM John Kirby said on a uniform as a U.S. serviceman, in a quote that is so powerful: I know the importance of this issue, they have America’s uncompromising and I will be as cooperative as I feel is When you are in the Navy, and you go support. overboard, it doesn’t matter if you were appropriate with the Republican lead- Only a couple of weeks ago, the jun- pushed, fell or jumped. We’re going to turn er. But at this time I object. ior Senator from New Hampshire re- the ship around and pick you up. The ACTING PRESIDENT pro tem- leased a statement touting her dili- That is what Rear Admiral Kirby pore. Objection is heard. gence in calling upon the Department said—again: MEASURE PLACED ON THE CALENDAR—S. 2422 of Defense to ‘‘do all it can to find Ser- When you are in the Navy, and you go Mr. REID. Mr. President, there is a geant Bowe Bergdahl and bring him overboard, it doesn’t matter if you were bill, S. 2422, that is at the desk and due home.’’ pushed, fell or jumped. We’re going to turn for a second reading. In April, the Republican leader and the ship around and pick you up. The ACTING PRESIDENT pro tem- the junior Senator from Pennsylvania I am grateful for the many people pore. The clerk will read the bill by sponsored a resolution ‘‘to express the who refused to forget about Sergeant title for the second time. sense of the Senate that no member of Bergdahl and worked tirelessly to se- The assistant legislative clerk read the Armed Forces who is missing in ac- cure his release. as follows: tion should be left behind.’’ America is glad he is home. A bill (S. 2422) to improve the access of vet- Senator INHOFE, the senior Senator The ACTING PRESIDENT pro tem- erans to medical service from the Depart- from Oklahoma, even said that the pore. The Republican leader. ment of Veterans Affairs, and for other pur- COAL COUNTRY PROTECTION ACT poses. United States ‘‘must make every effort to bring this captured soldier home to Mr. MCCONNELL. President Obama’s Mr. REID. I would object, Mr. Presi- new energy regulations would shift dent, to any further proceedings with his family.’’ President Obama and his team did middle class jobs overseas, splinter our regard to this bill at this time. just that. They made every effort and manufacturing base, and boost energy The ACTING PRESIDENT pro tem- costs for struggling families. pore. Objection is heard. The bill will brought this young man home. The re- quest was made by the Senator from The regulations could also lead to a be placed upon the calendar. reduction of nearly half a million jobs, New Hampshire, the Republican leader, U.S. MILITARY according to an AFL–CIO union esti- the junior Senator from Pennsylvania, Mr. REID. Mr. President, the late mate. The union’s leader characterized and the senior Senator from Oklahoma. military historian John Keegan once the job loss as ‘‘long term and irrevers- Yet some of these Senators are now said: ible.’’ He noted that the President’s denouncing the very same efforts that Soldiers, when committed to a task, can’t regulations would not achieve ‘‘any secured Sergeant Bergdahl’s release. It compromise. It’s unrelenting devotion to the significant reduction of global green- is clear they are worried his release standards of duty and courage, absolute loy- house gas emissions’’—this is an AFL– could be seen as a victory for President alty to others, not letting the task go until CIO union leader—in other words, lots Obama. As the President said, this is it’s been done. of pain for minimal gain. The integrity of the American sol- not a victory for him; it is a victory for The President’s energy regulations diers safeguards our American democ- the United States military and our would hurt the poor, the unemployed, racy. Their devotion to duty, even in country. seniors, and especially families in Ken- the face of difficult, trying cir- Let me put that notion to rest then. tucky. Kentucky coal sector employ- cumstances, is what protects this Na- It is not a victory for President Obama. ment has collapsed by about 7,000 jobs tion. It is a victory for our soldiers, their since President Obama took office. We have seen that up close the last 10 families, and our great country. No Eastern Kentucky just saw a 3-per- years or so with the war in Iraq and the member of the Armed Forces should be cent reduction in coal jobs in the first conflict in Afghanistan. So I am very left behind, and President Obama saw quarter of 2014. At least three addi- thankful for members of the U.S. to that. tional Kentuckians lose their pay- Armed Forces and that they do not There are questions regarding Ser- checks indirectly for every mining job compromise their honor. geant Bergdahl’s disappearance and that is lost. This past weekend our military re- whether or not military code was vio- As one coal leader noted, the admin- fused to abandon its duty, instead ful- lated. These are issues that will be re- istration’s proposed regulations would filling its obligation to never, ever, solved by the U.S. Army, not Monday only add to the economic challenges leave a soldier behind. morning quarterbacks on Capitol Hill. facing Kentucky—especially in Eastern The release of American prisoner of But let me just say this. For the sake Kentucky, which is ground zero for war SGT Bowe Bergdahl was the cul- of argument, let’s assume that what is happening in coal country. mination of heroic efforts by our mili- Bergdahl did violate his sworn oath. The Coal Country Protection Act is tary, our government, and our Presi- What do we do? Do we mete out justice cosponsored by several Senators, in- dent. to an American soldier—us, our coun- cluding Senator RAND PAUL, and is sup- President Obama, as Commander in try? As the Chairman of the Joint ported by the Kentucky Coal Associa- Chief, acted honorably in helping an Chiefs of Staff has said yesterday, or tion.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3389 It would require that simple but im- juring up even the most remote con- realize this rule may require them to portant benchmarks be met before the nection to a navigable body of water, have a spill prevention, control, and President’s new rules could take effect. EPA is now claiming they can regulate countermeasure plan in place or when No. 1, the Secretary of Labor would ponds, ditches, and even low-lying they realize their farm pond is not ex- have to certify that the regulations areas that are actually dry during empt simply because they allow live- would not generate a loss of employ- most of the year. EPA seems to think stock to drink from it. Imagine the dis- ment. it has jurisdiction if there is just a may of farmers when they realize that No. 2, the Director of the Congres- chance that a speck of dirt can travel the much-touted exemptions are essen- sional Budget Office would have to cer- through a stream, a pond, or even a tially meaningless and that they are tify that the regulations would not re- field to traditional navigable water, subject to fines of tens of thousands of sult in any loss in American gross do- and that is clearly not what Congress dollars per day. mestic product. intended. But the EPA, the Army Corps Nonetheless, the Obama administra- No. 3, the Administrator of the En- of Engineers, and even the USDA are tion continues to tout this list of 56 ergy Information Administration touting that they listened to agri- conservation practices that they are would have to certify that the regula- culture and that farmers’ and ranchers’ proposing to exempt as if farmers tions would not increase electricity concerns were, in fact, reflected in this should fall silent in gratitude. It is the rates. proposal. But if this 370-page rule actu- classic smoke and mirror approach No. 4, the Chair of the Federal En- ally provides certainty and maintains that has led to the tremendous mis- ergy Regulatory Commission and the exemptions for farmers, as EPA claims, trust of this administration. They say president of the North American Elec- then why are most farm groups so op- one thing while putting policies in tric Reliability Corporation would have posed to it? place that dictate something entirely to certify that electricity delivery We have seen EPA become better and different. would remain reliable. So the Coal better at messaging to farmers, but un- Consider this: Even these narrow Country Protection Act is just com- fortunately the actual language of the conservation exemptions are wrapped mon sense. regulations—their very aggressive ap- in fine print and redtape. EPA also Moments ago the majority leader proach—really hasn’t changed one bit. says that in order to be exempt, a con- blocked consideration of this measure. While EPA has shown a willingness to servation practice must specifically Unless we take this up, debate it, and meet and to listen, the reality is that comply with USDA standards. Again, it pass it, the President’s rules will cause the words on paper really are what sounds reasonable, except that these job loss, utility rate hikes, and poten- matter. standards, which were developed for tially brownouts. The President’s regu- When Administrator McCarthy came voluntary conservation programs, were lations will actually increase energy before an appropriations subcommittee never intended to be the only means of prices and create job loss. a few weeks ago, I pushed her on this avoiding a regulatory hammer. These Opponents of this bill will be sup- issue. Not surprisingly, she told me are gold-plated standards. They are porting job loss in Kentucky, our econ- they are really trying to get this right also very prescriptive. That may be omy being hurt, and seniors’ energy and listen to agriculture’s concerns fine for voluntary programs that come bills spiking for almost zero meaning- across the country. But as it stands with compensation for compliance. It ful global carbon reduction. right now, folks in farm country are is not fine if farmers must follow them So the majority leader and the justifiably alarmed. or face huge fines. There is nothing Democrats in this body need to listen. EPA will point to a few exclusions in voluntary about that. And even if they won’t, Kentuckians the rule, but if you look closely, these Can these farmers be sued because should know I will keep fighting for exemptions are so very narrowly craft- they didn’t follow supposedly vol- them. ed that very few waters actually would untary USDA standards? Can EPA take Mr. President, I yield the floor. escape EPA’s regulatory grasp and action against these farm families? overreach. For example, under the pro- RESERVATION OF LEADER TIME Who will enforce compliance with posed rule, waters that are perennial, those conservation practices? Will it be The ACTING PRESIDENT pro tem- intermittent, or ephemeral can be sub- the USDA or will it be the EPA? Farm- pore. Under the previous order, the ject to EPA regulation. That is right— ers generally trust USDA’s voluntary leadership time is reserved. EPA is trying to regulate bodies of approach to conservation efforts, but f water that only have water in them what happens to that trust if USDA is MORNING BUSINESS when it is raining. That is just one of suddenly thrust into the business of en- the many examples in this rule where forcing EPA regulations on the farm? THE ACTING PRESIDENT pro tem- it is clear that EPA is trying to push Conversely, is EPA going to hold any pore. Under the previous order, the the envelope—and push it as far as sway over USDA’s voluntary conserva- Senate will be in a period of morning they can. tion standards? Since they are plan- business until 11 a.m., with Senators In its so-called fact sheet on the ben- ning to use those standards to regulate permitted to speak therein for up to 10 efits of the rule for agriculture, EPA farms, this is a great concern. minutes each, with the time equally di- touts that exemptions are, in fact, pre- Let me mention one additional cause vided between the two leaders or their served for agriculture. Not only that, for concern. These supposedly exempt designees, with the Republicans con- but according to the fact sheet, EPA practices are not even in the proposed trolling the first 30 minutes and the will now exempt 56 conservation prac- rule; they are in a separate document majority controlling the next 30 min- tices from permitting requirements. It from the rule, and that document can utes. says this will provide certainty and change on the whim of the EPA with- The Senator from Nebraska. predictability. That all sounds good as out warning and with no opportunity f messaging until you actually examine whatsoever for public comment. So the claims. These exemptions only ranchers doing a practice consistent WATERS OF THE UNITED STATES apply to dredge and fill permitting. All with the list may get the rug pulled Mr. JOHANNS. Mr. President, I rise other Clean Water Act permitting re- out from under them. today to discuss EPA’s joint proposed quirements do not have exemptions for EPA claims this rule will provide cer- rule redefining waters of the United agriculture. So whether a permit is re- tainty and predictability, and in one States. quired for other provisions of the act is respect they are right. As a constituent Claims to the contrary notwith- simply a function of whether the re- of mine from Ogallala rightly put it, standing, EPA has once again thrown lated waters are Federal waters. Thus, ‘‘The only clarity the proposed rule down the gauntlet with this massive because EPA vastly expanded the defi- provides is to put me on notice that ev- expansion of Federal jurisdiction. This nition of Federal waters, farmers are erything is a water of the U.S. and that new rule in its essence declares almost going to get a rude awakening when I need a permit to do anything.’’ every body of water to be within Fed- they are told they need a 402 permit be- So it appears that in an effort to pro- eral regulatory jurisdiction. By con- fore applying pesticides or when they vide clarity, EPA has very much done

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3390 CONGRESSIONAL RECORD — SENATE June 4, 2014 the opposite. And I have just scratched treated, particularly hospitals in rural better insurance. According to her, her the surface here today. But EPA still areas, hospitals in underserved inner- husband’s company is paying a large has an opportunity to fix this mess. city areas, is that the programs that fine because their insurance is better While the tendency of this administra- were in place are basically going away. than ObamaCare. I imagine more real- tion has been to overregulate from day And why did they go away? Because istically what that letter might have one, there is still an opportunity to the President assumed and the Mem- said is that their insurance isn’t ex- pull back the rule and admit they went bers of Congress, I am sure, who voted actly what the Department of Health too far. for this piece of legislation assumed, and Human Services believes is the I had high hopes when Administrator that everybody would be covered, that right kind of insurance, when the gov- McCarthy took the reins and expressed everybody would have insurance, so we ernment makes these decisions instead a desire to build trust with the ag com- didn’t need to have special programs of the people or the people closest to munity. In fact, she called it a priority. that dealt with people who didn’t have them, their employers. This rule, though, delivers the opposite insurance and hospitals that dealt with One of the benefits of the employer- message. If Administrator McCarthy is people who didn’t have insurance, and provided system was that people didn’t serious about having a relationship we didn’t need special programs for un- have to worry about this. In fact, al- with the people I represent—ag pro- derserved areas. Clearly, that is not most everybody looked at their insur- ducers—it would send such a powerful the case. ance and they talked with their em- signal to say: Hold on. Let’s withdraw If we look back at the debate, many ployer and they decided they would get the rule. Let’s not follow this mis- people were saying: This will not work more information when they needed it, guided direction. Call a timeout, and out the way the well-intended pro- and when they needed it usually the in- people would see that and say: I am ponents of this law think it will work formation they got was pretty good in- going to listen. People would receive out, and we are going to continue to formation for them to have. that so positively. This would certainly have people without insurance. Now we have people trying to figure get the attention of the ag community In fact, the Congressional Budget Of- out, if they have choices, a complexity and really begin to build bridges in- fice reiterated again just recently that of choices and alternatives that they stead of outlining rhetorical wishes. at the end of 10 years, how many people never had to deal with before. Frankly, The window of opportunity is still won’t have insurance? Thirty million. they are not going to like that, and I open, and I hope the Administrator Thirty million people didn’t have in- think one of the other unintended con- seizes it by withdrawing the rule. surance when we started, and to dis- sequences of this law is that people are I yield the floor. rupt the entire health care tableau of going to begin to say: I know a govern- The ACTING PRESIDENT pro tem- the country to add possibly 10 million, ment-run program wouldn’t be as good pore. The Senator from Missouri. I think we are going to have people as the health care I used to have, but I f who lose insurance at work who pre- just don’t want to be responsible for it viously had insurance through their anymore. What we probably are doing HEALTH CARE work. I think that will be one of the is building a groundswell of people who Mr. BLUNT. Mr. President, I wish to major unintended consequences as we no longer want to be forced into the de- talk a little bit about health care this approach the end of this year and go cisions they never had to make, be- morning. into next year. cause 85 percent of everybody who had The majority leader has suggested in I am talking to too many employers insurance had insurance at work, and past weeks that all of these contacts in Missouri who are saying there is a 90 percent of them thought the insur- and concerns I get from Missourians place for people to go now. They can go ance they had at work met their needs. are just made up—although he didn’t to the exchange. We struggled with I think we would be lucky if very far target Missourians and say only Mis- this for a long time. Even though we into the Affordable Care Act, 90 per- sourians were making up these stories; are not covered by the law, even cent of the people who have insurance he just said everybody was making up though we don’t have 50 employees, we think the insurance they have moving these stories. But that is clearly not are no longer going to provide the in- forward meets their needs. true. surance at work—that many of these Angelyn from Dexter, MO, said her The law regarding health care—the employers have provided for decades aunt and uncle are searching for a new law that is applied every day with and others have provided over all the doctor after their doctor moved out of great consistency—continues to be the time they have been in business, even State. They are having trouble finding law of unintended consequences, the if it is less than decades. a physician in the Dexter area that will law that so often is impacted by what Norman from Warrensburg, MO, is take new Medicare patients—another we think we are doing in the Congress, concerned about what would happen unintended consequence. only to find that the consequences of with Medicare and Medicare Advan- The people who voted for this bill cut those actions go well beyond the dis- tage. He says: I was struck with Medicare itself. I wasn’t for it, but it is cussion the Congress was having. Cer- Guillain-Barre in 2005 which has left the law. One of the reasons I said I tainly if we had that debate again me disabled as well as other resulting wasn’t for it is we are cutting a pro- today, the debate we had in 2009 and health issues. We expend more than gram we already knew is challenged— early 2010, the Congress would be bet- $3,000 out of pocket annually just for Medicare—by $500 billion to form a new ter prepared for that debate, the coun- my prescriptions alone and that was program. There is no city council, try would be better prepared for that under a Medicare Advantage plan. This there is no county government, there is debate, and people would understand plus the Medicare premiums and the nowhere else in America where people what is at stake. What I see every day physician care takes almost all of our would go to a meeting and say, OK, we are things that people didn’t anticipate Social Security benefits. We live in a have a program that is in real trouble, would happen. small community. so what we are going to do is cut that Here is a letter we got from Jack in He describes Warrensburg as a small program to start a new program—and Kansas City, MO. He said: community of around 18,000, and it particularly a program such as Medi- I’m a retired hospital CEO and glad to be would probably be one of those commu- care that people have been led to be- retired because of Obamacare. nities to lose the Medicare Advantage lieve they can rely on. When we cut He points out in an absolutely cor- type of insurance, which is the gap Medicare by $500 billion over 10 years rect way that in most communities in that he thinks allows his family to something happens. Missouri, particularly our small and have the health care they have and What Angelyn’s aunt and uncle are midsized communities, the hospital is would like to continue to have. seeing is one of the things that happens a real source of pride and place of heal- Paula from O’Fallon, MO, says she is people try to find a doctor who will ing, a major employer. believes a lot of people’s spouses are take Medicare only and find doctor Of course, the potential end result of going to leave their jobs because they after doctor who says: We are going to what is happening now with the are going to look at who has the better continue to serve the Medicare pa- changes we made and how hospitals are insurance and try to benefit from that tients we have as long as they are

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3391 around to serve, but we are not serving nounced they would no longer provide going to be the best at dealing with new Medicare patients. health care coverage for their retirees. cancer or heart issues or other issues. Joanna in Kansas City said her son As soon as the retirees are 65 and older If there is a veterans hospital that goes to college where he is required to they are placed on Medicare, but what somehow has figured out how to do have health insurance. His health in- kind of supplement do they have? They that, fine, but don’t make veterans surance he gets through the school has used to have a supplement that was drive 120 miles by a dozen facilities increased 40 percent this year. part of a big IBM plan and now they that can do just as well or better be- Wayne in Moberly said his premiums don’t have that anymore. UPS an- cause we have decided to put people in and prescription drug costs have in- nounced the dependents and spouses a system that is totally defined by the creased and he is concerned it is be- who are in part of the UPS family government. cause of all the new requirements that wouldn’t have insurance anymore. The One of the things we are learning is have to be met. He said: ‘‘The future unintended consequences keep on com- people can make better choices in so does not look good from where I stand ing, and we need to continually look at many areas than when the government as a small business owner and a farm- what we need to do to see that people makes those choices for them. So as we er.’’ have access to great health care. think about our veterans, as we think Donna in Napoleon, MO, said her in- We are talking now—as we should about what we can do to be sure they surance had gone from $93 twice a be—about veterans health care and get the best care, that they are hon- month to $156 twice a month. The in- how veterans could have access to ored, their service is honored in a way teresting point in her letter is she said great health care. This is the moment they were led to believe it would be her insurance would go up even more if right now where we can look at this honored, this is a great time to have she gets a chance to work more. There issue in a new way. The veterans serv- this discussion. is a lot to be said for assisting people ice organizations are looking at this So whether it is health care for ev- to get health insurance who cannot issue. Alternatives are good. Veterans erybody else or health care for vet- otherwise afford to get health insur- should have the best health care, in the erans, the Congress of the United ance, but one of the things I never best location for them, in the best way States—and the country—has probably heard debated in any extensive way is the taxpayers can provide it. never been in a better position to talk what happens when people are at the The Veterans’ Administration should about these issues. We see the unin- edge of moving to a new level of work be the best at some things. They tended consequences of taking steps in which then gives them a lower level of should be better than anybody else at the wrong direction. Now is a great benefit. dealing with IED accidents, eye inju- time for our veterans and health care Donna is saying that if she gets to ries, the loss of limbs, and other issues work more hours, she will have less as- generally to see what we could do to that are unique to veterans in unfortu- take steps in the right direction. sistance buying her health insurance nate numbers because of the kind of and her health insurance goes up. The I note the absence of a quorum. conflicts in which we have been in- government should not be in the busi- The ACTING PRESIDENT pro tem- volved. Nobody should be better at that ness of looking for ways to encourage pore. The clerk will call the roll. than the VA. people not to work, as in the part-time The bill clerk proceeded to call the The VA may be the absolute best roll. work we see all over the country now. place to go for a particular injury, such One of the great workplace impacts The ACTING PRESIDENT pro tem- as post-traumatic stress. Our veterans of the health care law was that the pore. The Senator from New York. have problems because of the conflicts government for the first time ever said Mr. SCHUMER. Mr. President, I ask they have been in, but they also have to most employers—employers of more unanimous consent that the order for problems because the National Insti- than 50 people—you have to provide the quorum call be rescinded. tutes of Health says one out of four health insurance to anybody who The ACTING PRESIDENT pro tem- works 30 hours a week. So what did em- adult Americans has a diagnosable pore. Without objection, it is so or- ployers for the first time hear the gov- mental health problem. In a hearing a dered. ernment saying? If someone works less couple months ago, I asked the Sec- f retary—the Surgeon General of the than 30 hours a week, they don’t have IMMIGRATION REFORM to have to provide health insurance. So Army and the other forces about this: employer after employer made the de- Do you think that is reflected in the Mr. SCHUMER. Mr. President, I rise cision that for new employees we are military, and the answer was yes. She to point out it has now been 342 days going to hire three people at 27 or 28 said: We recruit from the general popu- since the Senate passed bipartisan, hours a week rather than two people at lation. We don’t have any reason to be- comprehensive immigration reform 40 hours. We are going to meet our lieve our population serving in the that would secure our border, workforce needs in a new way. Con- military doesn’t reflect similarly with turbocharge America’s economic sequently, those individuals don’t have regard to mental health issues. Some growth and provide a chance to heal coverage. Many individuals at that of those mental health issues, such as America’s broken families who are level of hourly work who used to have post-traumatic stress, the VA should being separated by our dysfunctional coverage no longer have coverage. An be better than anybody else at, but a immigration system. awful lot of companies used to provide lot of mental health issues in the VA, Here is what we know: The non- coverage at half time—at 20 hours—but there is no reason they should be any partisan Congressional Budget Office if the government says they don’t have better than any of the other facilities. told us that had we passed the bill this to provide it until 30 hours, it turns out Veterans may have to drive to another last year, we could have already seen a lot of people don’t work more than 30 State to get to a veterans facility or up to $80 billion of economic growth, hours because they don’t have an op- have to drive 120 miles or 150 miles in $20 billion of deficit reduction, 50,000 portunity or maybe they work almost the VA’s van transportation. If that is new jobs, $50 billion more in the Social 60 hours, but they have to work 60 what someone wants to do as a vet- Security trust fund, $2 billion of rev- hours at two different jobs, as did a eran, I think we ought to be sure vet- enue for State and local governments, lady I mentioned just last week who erans can do that, but if veterans want and 40,000 more brilliant STEM— contacted our office. to get better care closer to home, more science, technology, engineering, and David in Kansas City said he is re- choices, we should do that. mathematics—graduates stay in the tired from the railroad industry, and Let the Veterans’ Administration United States instead of being told to on April 1 his former company canceled compete to be the best at what they go home. plans for retirees 65 and older. David can provide. There is no particular rea- Instead, we have not been able to had access to a retiree plan from the son to believe the Veterans’ Adminis- achieve any of these important gains. railroad industry. He doesn’t have that tration is going to be better than ev- Why is that? It is because the House anymore. erybody in the country at normal in- has refused to do anything—underline A lot of companies have done that, ternal medicine. There is no reason to anything—to try and fix our broken not just the railroad industry. IBM an- believe the Veterans’ Administration is immigration system. To be clear, the

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3392 CONGRESSIONAL RECORD — SENATE June 4, 2014 real problem is not that there is a dif- This is a man who just last week with only Democratic support and a ference of opinion between a House bill compared immigrants to Santa Ana’s Democratic imprint because Demo- and a Senate bill on immigration that army. He compared immigrants to a crats control Congress and the White cannot be reconciled. The problem is foreign invading army. It is a compari- House. Some Democrats argue it is bet- there is no House bill. son that implies that an immigrant’s ter for us politically if the latter oc- We are happy to meet our colleagues goal is to harm the interest of the curs, and many Republicans, in their in the House part of the way. We would United States when they desperately hearts, know that is true. But we don’t love to sit down and negotiate, but want to be here and participate in the want that. We want to fix our coun- there is no House bill. So the problem freedom—both economic and polit- try’s problems. We want our GDP to is not that the two sides are irreconcil- ical—we love and enjoy. Yet again, grow 3.5 percent as the GPO said it able, it is that one side has refused to after he said something like this, the would if we pass this bill. We want to do anything. The problem is that Republican leadership hands him the secure our borders once and for all. We House Republicans have completely ab- gavel on immigration. That is why we want a fair path to citizenship so that dicated their responsibility to address continue to see nothing out of the people who work and pay taxes can get important issues such as fixing our House other than inflammatory, rhe- right with the law. broken immigration system. torical amendment show votes. The Time is running out. We have less For the last few weeks I have ex- score is clear: STEVE KING is still than 8 weeks to go to get something plained the reason the House has done undefeated, and he is increasing his passed. There is still no serious pro- nothing on immigration is because the margin of victory every day. posal from Republicans. If the House House Republican leadership has hand- Well, it doesn’t have to be that way. fails to act during this window, the ed the gavel of leadership on immigra- STEVE KING doesn’t represent the vast President would be more than justified tion to far-right extremists such as number of voters in either the Repub- in acting anytime after the summer is Congressman STEVE KING. He is truly lican Party or even the tea party. over to make whatever changes he feels extreme on this issue. STEVEN KING STEVE KING does not represent Repub- are necessary to make our immigration says to do nothing—absolutely noth- licans in this House. When we joined system work better for those who are ing—and the House does nothing, abso- together on a moderate bipartisan bill unfairly burdened by our broken laws, lutely nothing. that would do so much good for Amer- but that is not the preferable way to Well, not only has this point not been ica, it was supported by traditional Re- go. The preferable way to go is to go refuted by anyone in the Republican publican groups—the business commu- the way the Senate did where Demo- Party, it has actually been even fur- nity, the high-tech community, the ag- crats and Republicans banded together ther confirmed in the last few days. ricultural growers, the Catholic to create a moderate, thoughtful, com- Let’s start with STEVE KING himself. Church, the evangelical Protestant prehensive bill that fixes our broken Last week KING filed an amendment to church, supported this bipartisan bill. immigration system once and for all. the Commerce, Justice, and Science Some on the left thought it was too In conclusion, I hope the immigra- appropriations bill that would require conservative. tion reform bill passes this year be- the Department of Justice to ‘‘inves- It doesn’t have to be this way. STEVE cause our economy, our broken fami- tigate’’ the Department of Homeland KING doesn’t have to write into law lies, and our country so badly need it. Security’s use of prosecutorial discre- whatever the House does. Poll after Let’s hope the House finally stops talk- tion toward certain immigrants, in- poll is clear that even Republican vot- ing and finally stops paying obeisance cluding beneficiaries of the Deferred ers—conservative Republican voters— to their Wizard of Oz on immigration, Action for Childhood Arrivals, or the want to fix our broken immigration STEVE KING, and starts acting. system in a manner that secures our I yield the floor. DACA Program, that the Obama ad- The PRESIDING OFFICER (Ms. ministration announced in June of borders, fixes our legal immigration HEITKAMP). The Senator from Wyo- system, and allows those in the un- 2012. ming. When discussing his amendment, documented status to get right with f STEVE KING—listen to this—pejora- the law after a long path, including tively referred to the DACA Program paying fines, paying back taxes, learn- HEALTH CARE as ‘‘Deferred Action for Criminal ing English, having to work, and going Mr. BARRASSO. Madam President, I Aliens.’’ That is what he thinks. He to the back of the line and waiting. come to the floor as the Senate begins thinks that every immigrant is a STEVE KING is much like the Wizard the debate on the nomination of Sylvia criminal. When describing this pro- of Oz when it comes to immigration. Burwell to be Secretary of Health and gram, STEVE KING said: He is pulling the levers behind the Human Services. If she is confirmed for For everyone who’s a valedictorian, there’s screen to make it seem he has the that job, she would be responsible for another 100 out there who weigh 130 pounds— power, but the Republican Party will implementing thousands of pages of and they’ve got calves the size of canta- learn sooner or later—as Dorothy did regulations related to the President’s loupes because they have been hauling 75 in the ‘‘Wizard of Oz’’—that KING actu- health care law. I think it is appro- pounds of marijuana across the border. ally works by fear, and he doesn’t have priate, as we consider this nomination, Was KING criticized for these com- the power and the wizard’s power is to take a little bit of time and talk ments? Was he chastised and told he overstated. He can’t really do very about the state of the President’s has no place in a modern Republican much. The only way to get back home health care law. Party? Was KING’s amendment at least and do something real is in ourselves, Just this morning I visited with a ignored in the same way every other not in that man behind the screen—the number of people from Uinta County, immigration bill has been ignored? Wizard of Oz, STEVE KING. Where are WY. I will tell you what they know and Unfortunately, the answer to all of the leaders in the Republican Party what we all know, and that is there are these questions is no. For the second with the courage to stand up to STEVE many dangerous side effects of the law, time in a year, the House Republican KING and the far right and say: Enough such as people losing access to their leadership actually rewarded KING and is enough, we will not let our authority doctor and getting smaller paychecks. handed him the gavel yet again by giv- be hijacked by extremists whose xeno- Today I want to talk specifically ing him another vote on another politi- phobia causes them to prefer maintain- about the expensive side effect so many cally motivated appropriations amend- ing a broken immigration system, Americans are facing, and that is how ment. The amendment to investigate where hundreds of thousands still cross much health insurance premiums are the DACA Program is what received a the border illegally, instead of achiev- rising because of the law. States are vote last week. Just as before, the ing a fair, tough, and practical long- starting to release the proposed pre- House passed yet another inflam- term solution? miums insurance companies expect to matory King appropriations amend- Make no mistake, immigration re- charge next year under the Obama ment along partisan lines. His previous form will either pass this year with bi- health care law. The numbers are not amendment was to defund the DACA partisan support and a bipartisan im- good for the American people—for peo- Program. print or it will pass in a future year ple who wanted affordable care, quality

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3393 care, and access to care, the kinds of share of the insurance. He is somebody ilies of Ohio getting a fair shot when things the President of the United who wants to provide insurance, but it their premiums go up as much as 13 States looked into the camera and is now $5,000 more a month for his 24 percent next year? promised them. employees. He says the costs are crip- Some Democrats who voted for the Virginia was one of the first States pling and that it is like meeting an- health care law have come out and said to put out the numbers. What is hap- other payroll every month. This small that the rates may be going up, but not pening in the State of Virginia? Every business owner said the health care law as fast as maybe they would have with- health plan sold in the State exchange is ‘‘killing me.’’ He says, ‘‘I just don’t out the law. But let’s take a step back. expects to raise its rates next year. know how long we can keep absorbing When they were trying to pass this The State expects some people to pay these costs.’’ These are costs put on health care law, Democrats said it as much as 17 percent more next year. this business owner in Alaska by every would only raise premiums—no. Demo- In Vermont, it is a similar story. Member of the Senate who voted for crats never said it would only raise There are two companies offering plans this health care law—every one of premiums by 10 to 13 percent. No. They in the State exchange. Yesterday we them. said it would drop premiums by $2,500 a learned that one intends to raise rates I invite any one of them to come year. That is what the President said— 10 percent, the other expects to raise down here to forcefully defend this law $2,500 per family per year, and he said its rates 15 percent next year. as the President requests that they do by the end of his first term. Last Friday Ohio released its pro- and be proud of what they have done to Well, we met with the President in posed rates for people buying insurance this small business owner. Are Demo- February of 2010 at the White House at the roundtable discussion. Senator through the exchange. The average pre- crats in the Senate who voted for this LAMAR ALEXANDER, my colleague from mium in the State’s individual market health care law proud of what the law Tennessee, asked specifically about the is expected to be 13 percent higher next is doing to this small business owner in predictions that the premiums, as we year than it was last year. According Alaska? Are they willing to forcefully have seen, would go up. The President to State insurance regulators, it is bad defend his having to pay an extra $5,000 was making these promises, claims news, but it is what they expected. a month? That is what people are deal- that they would go down. The Presi- The State Lieutenant Governor said: ing with. dent denied again to each of us in a Continued and unnecessary headwinds out There is a story which just came out face-to-face meeting that they would of Washington are making it more difficult today about North Carolina—another go up. The President said: ‘‘That’s just for job creators, hard-working Ohioans and State where a Senator has said: If you their families to purchase health insurance. not the case.’’ like what you have, you can keep it. Well, now what we do know is it is President Obama said the Democrats The headline to this story is the case, and it was the case all along. should forcefully defend and be proud ‘‘ObamaCare cripples North Carolina People believed the President when he of the health care law. Is there a Demo- small business.’’ promised he would save them money. crat in this body—even one—who is It says: They thought that Democrats were willing to come to the floor and force- A North Carolina woman currently living giving them this fair shot the Presi- fully defend premium increases of 13 her dream—to own a salon—could soon shat- dent talks about. Now they are finding percent, 15 percent, or 17 percent in 1 ter and crumble, leaving her employees to pay astronomical costs for health insurance, out what they got: higher premiums, year alone? higher costs, higher deductibles, higher More States are going to be releasing all because of ObamaCare. copays, loss of coverage, you can’t keep their new premiums all summer. More Julia Vittorio, owner of Fresh Salon for the past five years, is worried that she will your doctor. It is hard to believe the people around the country are going to not be able to provide her employees with President of the United States. see these kinds of rate increases. This health insurance. This is not what people wanted. Peo- is an alarming side effect of the Presi- She said: ‘‘I think you just want the ple wanted a fair shot. But it is not dent’s health care law. That is on top best for your employees.’’ what the President and Democrats in of the rate increases people have al- I think that is what many people Congress actually gave them in the ready had to pay for insurance for this around the country want: the best for health care law. Many of them who year. their employees. voted for it never read it. NANCY It is astonishing when you look at She said: ‘‘We are a small business PELOSI said first you have to pass it be- the numbers. It is not just families and it’s very much like a family, so I fore you get to find out what is in it. buying health insurance through the care about our staff.’’ But it did not stop the Democrats who exchanges who are getting slammed. That is what she told a television voted for it from making those same USA Today ran a headline last week station, WCNC in Charlotte. promises—promises: If you like what which said: She previously offered her employees you have, you can keep it. If you like More employees are getting hit with high- health insurance and paid part of it, but has your doctor, you can keep your doctor. er health insurance premiums and co-pay- been forced to reconsider her decision be- Premiums will go down. All of those ments, and many don’t have the money to cause of the rising costs of premiums. promises—each one of them turned out cover unexpected medical expenses, a new re- ‘‘We’ve been very proud to even carry it for to be not true. port finds. this long, but it’s certainly a concern mov- A fair shot is exactly what Repub- The report found that 56 percent of ing into the future if we’re going to be able licans have offered, and that is—and I companies increased their employees’ to keep doing it,’’ she explained. can tell you this as a doctor—what pa- share of health premiums for copay- Veronica Cook, a hairdresser who has tients want is patient-centered care, ments for doctors’ visits last year after worked at Fresh Salon since it opened, not government-controlled and man- the health care law came into effect, said: ‘‘It’s frustrating and scary and dated care—a patient-centered ap- and 59 percent of companies intend to you don’t know what to expect.’’ proach that would solve the biggest do the same thing this year. So people I think that applies to many people problems that families face: access to buying insurance in the exchange are around the country as a result of the care, cost of care, quality care. That being hurt, people who get insurance President’s health care law—this means measures such as allowing small through work are being hurt, and small quote: ‘‘It’s frustrating and scary and businesses to pool together in order to businesses are being hurt as well. you don’t know what to expect.’’ She is buy insurance more cheaply for their There was an article in the Alaska not sure what she will do if she has to employees. It means letting people Dispatch about this last Thursday. It pay for her own insurance. That is shop for health insurance that actually said: ‘‘Alaska’s small businesses feel what this devastating side effect of the works for them and works for their the pinch of rising health care costs.’’ President’s health care law is doing to families, not what the President says is The article tells the story of a res- people all around the country. best for them. taurant owner with 24 employees. He The President says he wants every- So in closing let me just say, these wants to offer health insurance cov- one to have a fair shot. Democrats say are just a couple of the solutions Re- erage, but he is paying $5,000 a month it over and over. Is this small business publicans have offered to give Ameri- more than he paid last year for his owner getting a fair shot? Are the fam- cans the care they need from a doctor

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3394 CONGRESSIONAL RECORD — SENATE June 4, 2014 they choose at lower costs, without the Now, we all understand that the Af- more than 11 million veterans reg- outrageous, expensive side effects of fordable Care Act is going to be a cen- istered or enrolled. the President’s health care law. tral focus of her work every day as Sec- I have in the Chamber this picture of I thank the Presiding Officer. retary. Once she is confirmed, I am some rural veterans in Bethel, AK. I I yield the floor. convinced—and Senator HATCH and I enjoyed being out there, and I have a The PRESIDING OFFICER. The Sen- have talked about this again on a bi- story I will tell in a bit about the im- ator from Oregon. partisan basis—that we can come to- pact of some of the things we are doing f gether to make the law work better. in rural Alaska. BURWELL NOMINATION For example, my colleague from I think of these veterans like my Utah has done very good work in fixing uncle, U.S. Army Infantryman Joe Mr. WYDEN. Madam President, after the dysfunctional reimbursement sys- Begich from up in the Iron Range of months and months of polarizing and tem for Medicare known as the SGR. Minnesota, who will be there this divisive debate in the Senate about the With Sylvia Mathews Burwell at the weekend on an Honor Flight from Min- Affordable Care Act, I rise today to helm, we will get that done, and we nesota. My family is very proud of his strongly support the nomination of will improve Medicare transparency service and the service of my late fa- Sylvia Mathews Burwell because I ther-in-law Lou Bonito, who was an firmly believe she will help the Senate because the public and taxpayers and seniors should not be in the dark about Army colonel in Vietnam. come together to jointly work to im- We need to listen to their stories— prove American health care. critical services. not just on Memorial Day, not just on The reality is both political parties I know Senator BEGICH is going to be the D-day anniversary, which is this have had valid points on this critical making some important remarks about issue. My party believes passionately, veterans, and I just appreciate my col- Friday. We need to listen to our vet- as I do, that everyone must be covered. league giving me this quick minute or erans every single day. They deserve to Republicans feel equally passionate two because I wanted to bring a bipar- be heard, just as they deserve to re- about having a real role for the private tisan case for Sylvia Mathews Burwell ceive the benefits for which they sector to help hold down costs and pro- to be confirmed. We will have the be- fought. mote innovation. The Affordable Care ginning of the process go forward today Make no mistake about it. When I Act does both. Working together, and more discussion about her and, I hear from veterans, the vast majority working together under the leadership am sure, the Affordable Care Act as love the VA health care system and of a talented official like Sylvia Mat- well. what is being provided to them. I was in Alaska last week and met hews Burwell, we can build on that. I strongly, strongly urge my col- Ms. Burwell has earned much respect leagues to advance her nomination and with veterans from all over the State. here in the Congress on both sides of to support her when we go to a final We do not have to wait for some head- the aisle. She had our distinguished vote. line or for CNN to run some story colleague from Oklahoma TOM COBURN With that, I thank my colleague and about what is wrong with the VA sys- and our friend from West Virginia JAY yield the floor. tem. ROCKEFELLER at the witness table to- The PRESIDING OFFICER. The Sen- My staff and I know what is going on gether talking about how she had ator from Alaska. with our care. We have regular meet- worked with both of them. She is a f ings with the VA. As a matter of fact, when I first came to the Senate, some leader with a head and a heart, and she PROTECTING VETERANS is qualified and experienced for this of the first issues we dealt with had to critical job at this critical time. Mr. BEGICH. Madam President, I do with the VA and trying to make She is a graduate of Harvard and Ox- thank the Presiding Officer and thank sure the Veterans Administration is ford, where she was a Rhodes Scholar. my friend from Oregon. dealing with Alaska’s unique situation Early in her career, she showed a com- I appreciate the opportunity to be on of how diverse it is and how far apart mitment to service by becoming part the floor today to talk about veterans many of these services are in getting to of the Clinton administration. She was care. It is an important issue that is our veterans. the Staff Director of the National Eco- not only critical to my State but When this issue started coming up on nomic Council beginning in 1993. Soon across the country. As we know, it has a national level this last week and over she transitioned to be Chief of Staff to been in the papers, on the TV, on the the last few weeks regarding the prob- the Treasury Secretary. In 1997, she be- Internet, and everywhere else you can lems, especially in Phoenix—don’t get came Deputy Chief of Staff to the imagine. me wrong. I am outraged, as is every President and moved the following There are few more important issues American and every Alaskan, about year to become the Deputy Director of that we work on that have such a crit- what was going on there and what OMB. ical potential for impact on so many probably is happening in other VA fa- She has extensive experience in the people, when you think about it. These cilities around the country as we hear nonprofit sector. She led efforts to ad- folks have sacrificed so much for us— about more internal audits being done. dress some of the most pressing global our veterans—and now it is important But we saw this problem. I saw this health challenges of our time. In 2011 for us to make sure they have the prop- problem growing in Alaska. It was she became the head of the Walmart er care for all of their service. clear to me there was inadequate staff- Foundation. Of course, the VA system is all over ing in Alaska, along with some other I noted Sylvia Mathews Burwell’s the national news, as I mentioned. programmatic problems, and system- support, but here are a couple com- Whatever you read, everywhere you atic delivery system problems. What it ments from the other side of the aisle. turn, there is something about the sys- meant was in Alaska, when I saw this Senator BURR had this to say about tem and what is going on. But I want problem, we had over almost 1,000 peo- Sylvia Mathews Burwell: ‘‘She comes to talk about Alaska’s veterans pro- ple waiting 2, 3 months for just their with a portfolio of experience that grams that we are doing up there, espe- initial appointment to get VA health would make her a tremendous asset at cially around health care. For me, vet- care services. This was unacceptable. addressing some of the challenges that erans are a big deal. It is a big deal be- So I convened a field hearing in Alaska that agency specifically and uniquely cause Alaska has so many. to look at these issues and figure out has.’’ Just to give you the lay of the land, what we could do to improve the sys- Here is what Senator COBURN had to we have over 77,000 veterans in Alaska. tem. say: ‘‘The fact is, when you have some- Almost 10 percent of the population of Today, the average wait time for our body that’s competent and also has my State is veterans who have served VA veterans, our veterans in Alaska, to strong character, you find a way to get this country in many different aspects get their initial appointment is now past your differences to try to solve throughout their careers and coming to down to 9 days. As a matter of fact, the problems.’’ Alaska to make it their home. list, which we monitor on a regular So she has strong, vigorous support Along with the 77,000 veterans in basis from our office, is down to less from both sides of the aisle. Alaska, across the Nation the VA has than two dozen. That fluctuates from

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3395 day to day, but from 900-plus down to a to Nome or they can go to Anchorage walk in, they get service, no delay, be- few dozen is an incredible system or to Fairbanks or down to Seattle if cause we have a system that is maxi- change. they want, but they get a choice now. mizing our Federal resources. All of We didn’t sit around and wait, as I They don’t have to fly hundreds of those are paid by Federal tax dollars. said earlier, for some story to bust miles. Why not use them? Use them for the loose or someone to get some bumper What does this do? It saves money for betterment of making sure our vet- sticker out there or make some polit- the VA system not paying for airfare, erans have the care they need. ical hits. We saw the problem and we and guess where that money goes: There are a couple of other things we took action. I was aggressive about it. health care for veterans. could do right now, and I have written I didn’t sit around and wait for the I will give an example. The earlier to the VA about this. For example, we Veterans’ Administration to come up photo I had up here with all of those have Public Health Service doctors with an answer; I participated, as did veterans in Bethel—that was a couple who work in the community health my staff, because these results are real. of years ago. I remember telling them service programs, but they are not in As a matter of fact, Alaska is a model about this idea we were trying to im- the VA. They have the ability to do it around the country on how to do this, plement. They were a little skeptical; under title 38, I think it is; they just because we figured out how to partner they didn’t think it would work. This have to make it happen. This is impor- with folks around the State to make weekend I am in Bethel, AK, in the tant because we have over 5,000 of these sure the highest priority—delivering same VFW hall. This one guy pulls his folks in many different professions health care to our veterans—was done, hand out and shows me all of these serving our country. Let’s put them to and especially in our very rural areas. scars where he had to get work done, work even more. They are working I know the State of the Presiding Of- and he says, I had to go to Anchorage hard now, but maybe we could deploy ficer is like my State: very rural, small to get this done. I thought he was them in ways to help our VA. population, people spread all over the going to get mad at me because that is I also support the proposal in Sen- place. Trying to get to their clinic or where he had to go. He says now—these ator SANDERS’ bill to increase loan for- their hospital for VA care is not as are the Bethel folks up there in the giveness for these folks who want to easy. The Presiding Officer is more for- post—now he can go right down the participate in our Public Health Serv- tunate because she has road access to a street to get his therapy on his hand. ice. Senator PRYOR introduced a bill lot of the places. In my State, 80 per- Do you know what he said to me? He that would increase support for psy- cent of the State cannot be accessed by said, MARK, I am able to save my air- chiatric services for vets through a roads, but we have veterans throughout fare and give more care to my brothers pilot program offering loan forgiveness Alaska who desperately need to get and sisters who served with me in the for a gap in our service. We don’t have care. We solved the problem. We didn’t military. Because he doesn’t have to enough. sit around and talk about it and do fly to Anchorage. He has a choice. He One thing we also did, to speak about nothing. We actually talked about it gets to get his care right there. We another program for our veterans in and came up with a solution. went after this issue aggressively, be- rural parts of our country—what did we When I ran for office, we had the he- cause we knew these veterans fought do? Because sometimes the copay for roes health card, and then we modified for our country and deserved the best— accessing telehealth medicine is it to make sure we could access all we the best—and we knew we could offer it enough to tell people, I don’t want to wanted to do. For example, here is a through this system. do it. I had a bill on the floor, or a bill beautiful hospital in Nome, AK. It is The other thing: We have been ag- that I introduced, but again General way up north. It is a beautiful hospital. gressive, as members of the Veterans’ Shinseki decided to do it. So now there Indian Health Service, our tribes, runs Affairs Committee, about bringing is no copay if veterans want to access an incredible delivery system. It is one more resources to veterans and the VA mental health through telemedicine. of the best in the country when we talk organization. Just in Alaska, in 2010, Why? Because it has proven to be very about health care delivery systems. we had about a $160 million budget. successful. In remote communities Our Indian health care systems in Today, it is over $260 million in 4 years. such as in my State and the Presiding Alaska are rated in the country as one Why? Because we are implementing Officer’s State, we want them to have of the best. But I have 800 veterans, Na- programs that have success, that work, access to mental health services. We tive and nonnative, who could not ac- that deliver care. Is it perfect? No. Is it have a limited amount of mental cess that care in that building. They better than what they had 5 years ago? health dollars. So why not create an lived near it. They might live right Absolutely. We didn’t, again, sit opportunity to use technology and here, but they couldn’t go there. They around. limit the cost to the VA or to veterans, had to fly hundreds of miles to Anchor- It is always amazing to me to go and give them the services they need? age to go to a clinic and if the service around this place. So many new ideas It is critical. wasn’t there, they would have to fly to pop out because they read about it in As I said earlier, what happened in Seattle. Outrageous—800 veterans. the paper. Well, do your work. I did. We Arizona is unacceptable. If it con- So what did we do? We sat down—and are getting results. Care is better tinues, if we see other places where I dragged General Shinseki to Alaska today than it was 5 years ago. That one these lists were falsely put together, to some very rural areas to give him a veteran—for him, it was incredible. then people need to be held account- little experience about what was going The Presiding Officer knows what it is able and prosecuted. But just dealing on. Nome, AL, is up north and Anchor- like when we are out traveling and with that does not solve the problem. age is down here, as we see on this meeting constituents and they are Solving the problem means being inno- map. Seattle is not even on the map, going to say things and we are not sure vative and thinking out of the box. I because it is kind of small, anyway; it they are going to be very nice and have to say, if we can do it in Alaska, is not like Alaska in size. There are friendly. He was a little intense about in the most remote area of this coun- hundreds of miles people have to trav- it. But when he showed me his results, try, we can do it anywhere. We have a el. It was not right. I said, I want to take a picture of your model that is working. We have vet- So what did we do? We partnered hand, because that hand is the result of erans who like their care, they love with our Indian health care services de- the work we are doing, to take 1,000 their care, they have access they never livered by our tribes—incredible care. people off the primary list of waiting, had before. It is important that we fig- Instead of just here and here, it is now down to a couple of thousands. Instead ure out a solution. everywhere that they can access health of waiting 120 days, now it is 8 days. As I know Senator SANDERS’ bill is an care. So that means the veterans have a matter of fact, when a veteran is en- important bill. I hope we will have it a choice—a choice they did not have rolled in our delivery system in An- on the floor and we can debate it and before we put this program into place. chorage through our tribal delivery ultimately we will get to a bipartisan It is unique to Alaska, and only in system or our community clinic there, decision. Because if the Presiding Offi- Alaska right now. But those 800 vet- a veteran could potentially get—the cer will remember, this bill failed be- erans now have a choice. They can go likelihood is same-day service. They fore by two votes. They complained it

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3396 CONGRESSIONAL RECORD — SENATE June 4, 2014 cost too much. These are veterans who I have a feeling we will be down here the following nominations which the served our country, who went to war with some Members quibbling over clerk will report. for us to be in this Chamber, to be able some small detail because they really The bill clerk read the nominations to have free education, public edu- don’t want to pass the bill. Again, they of Mark G. Mastroianni, of Massachu- cation, to be able to have an incredible are for veterans or they are against setts, to be United States District country. People are for veterans or veterans. It is not complicated. Judge for the District of Massachu- people are against veterans. It is not a I yield the floor, and I note the ab- setts; Bruce Howe Hendricks, of South complicated issue. The bill that failed sence of a quorum. Carolina, to be United States District told me where some people were. Some The PRESIDING OFFICER. The Judge for the District of South Caro- were for veterans and some were clerk will call the roll. lina; and Tanya S. Chutkan, of the Dis- against veterans. We had two wars un- The bill clerk proceeded to call the trict of Columbia, to be United States paid for, trillions of dollars. Now it roll. District Judge for the District of Co- comes time to pay the bill for the peo- The PRESIDING OFFICER. The ma- lumbia. ple who have served our country, and jority leader. The PRESIDING OFFICER. Under we debate that we can’t do that. Mr. REID. Madam President, I ask the previous order, there will be now 2 We are going to have a bill in short unanimous consent that the quorum minutes of debate equally divided in order on providing all kinds of tax ex- call be dispensed with. the usual form prior to a vote on con- tenders for horses in Kentucky to get The PRESIDING OFFICER. Without firmation of the Mastroianni nomina- special tax breaks, but we are not objection, it is so ordered. tion. Mr. LEAHY. Madam President, going to pay for that. We are not going f to pay for that. But when it comes to today, the Senate will vote on the con- veterans: Oh, we have to pay for that. UNANIMOUS CONSENT AGREE- firmation of three nominees to serve on Too bad. No. When that bill comes for- MENT—EXECUTIVE CALENDAR the U.S. district courts in Massachu- ward, it is time to see who is for vet- Mr. REID. Madam President, I ask setts, South Carolina, and the District erans and who is against veterans. It is unanimous consent that notwith- of Columbia. The Senate Judiciary not complicated. In the tax bill there standing rule XXII, the Senate proceed Committee reported two of these nomi- are special deductions for horse racing. to consideration of Calendar No. 796, nees unanimously to the full Senate, We are not going to pay for it. Some- the Selig nomination, and the Senate and the third nominee with strong bi- how, horses are important. proceed to vote on confirmation of that partisan support. Veterans are important. This is an nomination; further, that if confirmed, These nominees are not controversial issue we take care of. Complaining the motion to reconsider be considered and in past years would have been con- about what it will cost—veterans have made and laid upon the table, with no firmed weeks, or even months, ago. In- paid the ultimate price. They have intervening action or debate; that no stead, Republicans continue to refuse served our country. And the people who further motions be in order to the nom- to give consent for votes on any judi- are not coming back have served and ination; that any statements related to cial nominee, irrespective of their paid the ultimate price. the nomination be printed in the qualifications or the support of home My poor staff sometimes wonders RECORD and that the President be im- State Senators. As a result, yesterday where I am going with my presen- mediately notified of the Senate’s ac- the Senate was forced again to waste tation. I get pretty outraged about tion. valuable time voting to end the unnec- this, because in Alaska veterans are an The PRESIDING OFFICER. Is there essary filibusters of three highly quali- important issue. This country is impor- objection? fied nominees. The Senate has now tant. And for us to debate the few cou- Without objection, it is so ordered. voted to end the filibusters of 44 judi- ple billion or a few hundred million Mr. REID. Madam President, we ex- cial nominees so far during 2014. It is that we are complaining about—some pect this nomination to be confirmed every Senator’s right to demand con- people have—we have spent $2 trillion- by voice vote, so we expect four rollcall tinued debate on any measure or nomi- plus on wars. It is time for us to pay votes at 11 a.m. nation before this chamber. But I the debt to these veterans. would say to any Senator who requires I know we are going to have a hear- f a cloture vote on a qualified, consensus ing this week in the committee. We CONCLUSION OF MORNING nominee to at least speak about the will be working on the bill that Sen- BUSINESS nominee and not to obstruct for ob- ator SANDERS has put together and I The PRESIDING OFFICER. Morning struction’s sake. have participated in, as has every other business is closed. I hope that this partisan fever will member of the Veterans’ Affairs Com- break in the near future, and that Re- mittee. It is time to do the right thing f publicans will stop reducing the Sen- for our veterans. EXECUTIVE SESSION ate’s constitutional role of advice and I appreciate the opportunity to be on consent into a tool of obstruction. the floor. As an Alaskan I recognize These delays should stop. the importance of our veterans. I be- NOMINATION OF MARK G. Mark Mastroianni has been nomi- lieve everyone in this Chamber recog- MASTROIANNI TO BE UNITED nated to fill a judicial vacancy on the nizes the importance of our veterans. STATES DISTRICT JUDGE FOR U.S. District Court for the District of But they will have a chance. They will THE DISTRICT OF MASSACHU- Massachusetts. He has served since 2011 have an opportunity to decide if they SETTS as district attorney in the Hampden are for veterans or if they are against district attorney’s office and pre- veterans. If they come down with con- viously worked in private practice. voluted Washington, DC, doublespeak NOMINATION OF BRUCE HOWE Following law school, he served as an about how they can’t do the bill be- HENDRICKS TO BE UNITED assistant district attorney in the cause of this or that—people are fed up STATES DISTRICT JUDGE FOR Hampden District Attorney’s Office in this country. I know when I go back THE DISTRICT OF SOUTH CARO- from 1990 to 1995. Mr. Mastroianni has home, they just ask me a very simple LINA the support of his home State senators, question: Can we get better health care Senator WARREN and Senator MARKEY. for our veterans? Can we access the GI The Judiciary Committee reported him bill to make sure veterans get an op- NOMINATION OF TANYA S. favorably to the full Senate by voice portunity to get a better education? Is CHUTKAN TO BE UNITED STATES vote on March 6, 2014. there an opportunity for them to take DISTRICT JUDGE FOR THE DIS- Judge Bruce Hendricks has been the skill they learned in the military TRICT OF COLUMBIA nominated to fill a judicial vacancy on and put it to work to get a job? These The PRESIDING OFFICER. Under the U.S. District Court for the District are the things we should be fighting the previous order, the Senate will pro- of South Carolina. She has served since for. ceed to executive session to consider 2002 as a U.S. magistrate judge for the

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3397 District of South Carolina. During her from Arkansas (Mr. BOOZMAN), the Sen- Bruce Howe Hendricks, of South Caro- judicial service, she presided over thou- ator from Mississippi (Mr. COCHRAN), lina, to be United States District Judge sands of criminal and civil cases. She the Senator from Utah (Mr. LEE), and for the District of South Carolina? served as an adjunct professor at the the Senator fron Kansas (Mr. ROB- The clerk will call the roll. College of Charleston from 2000 to 2001, ERTS). The assistant bill clerk called the teaching classes on the structure of the The PRESIDING OFFICER. Are there roll. Federal and State court system and any other Senators in the Chamber de- Mr. DURBIN. I announce that the civil processes and procedures. She pre- siring to vote? Senator from New Jersey (Mr. BOOKER) viously served as an assistant U.S. at- The result was announced—yeas 92, and the Senator from Pennsylvania torney in the District of South Caro- nays 2, as follows: (Mr. CASEY) are necessarily absent. lina from 1991 to 2002. Judge Hendricks’ [Rollcall Vote No. 171 Ex.] Mr. CORNYN. The following Senators nomination received the American Bar YEAS—92 are necessarily absent: the Senator from Arkansas (Mr. BOOZMAN), the Sen- Association’s highest rating of ‘‘unani- Alexander Grassley Murphy mously well qualified.’’ She has the Ayotte Hagan Murray ator from Mississippi (Mr. COCHRAN), support of her home State Republican Baldwin Harkin Nelson and the Senator from Utah (Mr. LEE). senators, Senator GRAHAM and Senator Barrasso Hatch Portman The PRESIDING OFFICER. Are there Begich Heinrich Pryor COTT any other Senators in the Chamber de- S . The Judiciary Committee re- Bennet Heitkamp Reed ported her favorably with bipartisan Blumenthal Heller Reid siring to vote? support to the full Senate by roll call Blunt Hirono Risch The result was announced—yeas 95, vote of 16–2 on March 6, 2014. Boxer Hoeven Rockefeller nays 0, as follows: Brown Inhofe Rubio Tanya Chutkan has been nominated Burr Isakson [Rollcall Vote No. 172 Ex.] Sanders Cantwell Johanns to fill a judicial vacancy on the U.S. Schatz YEAS—95 Cardin Johnson (SD) District Court for the District of Co- Schumer Carper Johnson (WI) Alexander Grassley Murray Scott lumbia. Tanya Chutkan has worked in Chambliss Kaine Ayotte Hagan Nelson private practice as a partner at Boies, Coats King Sessions Baldwin Harkin Paul Shaheen Schiller & Flexner LLP, where she has Coburn Kirk Barrasso Hatch Portman Collins Klobuchar Shelby Begich Heinrich Pryor served as a partner since 2007 and as a Coons Landrieu Stabenow Bennet Heitkamp Reed counsel from 2002 to 2006. She pre- Corker Leahy Tester Blumenthal Heller Reid viously served as an attorney at The Cornyn Levin Thune Blunt Hirono Risch Toomey Boxer Hoeven Public Defender Service for the Dis- Crapo Manchin Roberts Donnelly Markey Udall (CO) Brown Inhofe Rockefeller Burr Isakson trict of Columbia from 1991 to 2002. She Durbin McCain Udall (NM) Rubio Cantwell Johanns worked in private practice as an asso- Enzi McCaskill Vitter Sanders Cardin Johnson (SD) Feinstein McConnell Walsh Schatz ciate at Donovan, Leisure, Rogovin, Carper Johnson (WI) Fischer Menendez Warner Schumer Huge & Schiller from 1990 to 1991 and Chambliss Kaine Flake Merkley Warren Scott at Hogan & Hartson LLP from 1987 to Franken Mikulski Whitehouse Coats King Coburn Kirk Sessions 1990. The Judiciary Committee re- Gillibrand Moran Wicker Shaheen Graham Murkowski Wyden Collins Klobuchar ported her favorably to the full Senate Coons Landrieu Shelby by voice vote on March 27, 2014. NAYS—2 Corker Leahy Stabenow Cornyn Levin Tester In addition to the nominees we will Cruz Paul Thune vote on today, there are 10 additional Crapo Manchin NOT VOTING—6 Cruz Markey Toomey judicial nominees reported by the Judi- Donnelly McCain Udall (CO) Booker Casey Lee Durbin McCaskill Udall (NM) ciary Committee pending on the Sen- Boozman Cochran Roberts ate Executive Calendar, including Enzi McConnell Vitter The nomination was confirmed. Feinstein Menendez Walsh seven nominees who were reported Fischer Merkley Warner unanimously. Six of the 10 judicial The PRESIDING OFFICER. The mo- Flake Mikulski Warren nominees that will be left pending tions to reconsider will be considered Franken Moran Whitehouse made and laid on the table, and the Gillibrand Murkowski Wicker after today’s confirmation votes will Graham Murphy Wyden fill judicial emergency vacancies in the President will be immediately notified District of Nevada, the Southern Dis- of the Senate’s actions. NOT VOTING—5 trict of Illinois, and in the Middle and Under the previous order, there will Booker Casey Lee Southern Districts of Florida. I hope now be 2 minutes of debate equally di- Boozman Cochran that the Senate moves quickly to con- vided in the usual form prior to a vote The nomination was confirmed. firm these nominees, and others. on the confirmation of the Hendricks The PRESIDING OFFICER. Under Mr. REID. Madam President, I ask nomination. the previous order, the motion to re- unanimous consent that the time be The Senator from South Carolina. consider will be considered made and yielded back. Mr. GRAHAM. Senator SCOTT and I laid upon the table. The President will The PRESIDING OFFICER. Without would ask the membership to vote aye be immediately notified of the Senate’s objection, it is so ordered. for Bruce Howe Hendricks. She is a action. The question is, Will the Senate ad- former U.S. magistrate. She is a former The PRESIDING OFFICER. Under vise and consent to the nomination of U.S. attorney from the State of South the previous order, there will be 2 min- Mark G. Mastroianni, of Massachu- Carolina. She has received numerous utes of debate equally divided in the setts, to be United States District awards for a scholarship. She is well re- usual form prior to the vote on con- Judge for the District of Massachu- spected by both Republicans and Demo- firmation of the Chutkan nomination. setts? crats. She has a rich judicial back- Mr. REID. Madam President, I yield Mr. VITTER. Madam President, I ask ground and will be a great choice to as- back all time. for the yeas and nays. sume the Federal bench in South Caro- The PRESIDING OFFICER. All time The PRESIDING OFFICER. Is there a lina, and she was rated unanimously is yielded back. sufficient second? ‘‘well qualified’’ by the ABA. I strongly The question is, Will the Senate ad- There is a sufficient second. support her nomination. vise and consent to the nomination of The clerk will call the roll. I yield back the remainder of our Tanya S. Chutkan, of the District of The assistant legislative clerk called time. Columbia, to be United States District the roll. I ask for the yeas and nays. Judge for the District of Columbia? Mr. DURBIN. I announce that the The PRESIDING OFFICER. All time Mr. ISAKSON. Madam President, I Senator from New Jersey (Mr. BOOKER) is yielded back. request the yeas and nays. and the Senator from Pennsylvania Is there a sufficient second? There The PRESIDING OFFICER. Is there a (Mr. CASEY) are necessarily absent. appears to be a sufficient second. sufficient second? There appears to be Mr. CORNYN. The following Senators The question is, Will the Senate ad- a sufficient second. are necessarily absent: the Senator vise and consent to the nomination of The clerk will call the roll.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3398 CONGRESSIONAL RECORD — SENATE June 4, 2014 The assistant legislative clerk called I strongly urge all Senators to vote NAYS—28 the roll. for Sylvia Mathews Burwell. Ayotte Heller Roberts Mr. DURBIN. I announce that the I yield back time. Barrasso Hoeven Rubio Blunt Inhofe Senator from New Jersey (Mr. BOOKER) Scott The PRESIDING OFFICER. All time Coburn Johanns Sessions and the Senator from Pennsylvania is yielded back. Cornyn Johnson (WI) Shelby (Mr. CASEY) are necessarily absent. The cloture motion having been pre- Cruz Kirk Thune Enzi McConnell Mr. CORNYN. The following Senators sented under rule XXII, the Chair di- Vitter Fischer Moran Wicker are necessarily absent: the Senator rects the clerk to read the motion. Graham Paul from Arkansas (Mr. BOOZMAN), the Sen- The bill clerk read as follows: Grassley Risch ator from Mississippi (Mr. COCHRAN), CLOTURE MOTION NOT VOTING—5 and the Senator from Utah (Mr. LEE). We, the undersigned Senators, in accord- Booker Casey Lee The PRESIDING OFFICER. Are there Boozman Cochran any other Senators in the Chamber de- ance with the provisions of rule XXII of the siring to vote? Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this to bring to a close debate on the nomination The result was announced—yeas 95, vote the yeas are 67, the nays are 28. of Sylvia Mathews Burwell, of West Virginia, The motion is agreed to. nays 0, as follows: to be Secretary of Health and Human Serv- [Rollcall Vote No. 173 Ex.] ices. f YEAS—95 Harry Reid, Ron Wyden, Tom Harkin, NOMINATION OF SYLVIA MAT- Richard J. Durbin, Barbara Boxer, Mi- Alexander Grassley Murray HEWS BURWELL TO BE SEC- Ayotte Hagan Nelson chael F. Bennet, Debbie Stabenow, Benjamin L. Cardin, Mary Landrieu, RETARY OF HEALTH AND Baldwin Harkin Paul HUMAN SERVICES Barrasso Hatch Portman Mark Begich, Joe Donnelly, Tim Kaine, Begich Heinrich Pryor Robert P. Casey, Jr., Sherrod Brown, The bill clerk read the nomination of Bennet Heitkamp Reed Patrick J. Leahy, Tom Harkin, Angus Sylvia Mathews Burwell, of West Vir- Blumenthal Heller Reid S. King, Jr., Blunt Hirono Risch ginia, to be Secretary of Health and Boxer Hoeven Roberts The PRESIDING OFFICER. By unan- Human Services. Brown Inhofe Rockefeller imous consent, the mandatory quorum Burr Isakson f Rubio Cantwell Johanns call has been waived. Sanders Cardin Johnson (SD) The question is, Is it the sense of the NOMINATION OF STEFAN M. SELIG Schatz Carper Johnson (WI) TO BE UNDER SECRETARY OF Schumer Senate that debate on the nomination Chambliss Kaine Scott of Sylvia Mathews Burwell, of West COMMERCE FOR INTERNATIONAL Coats King TRADE Coburn Kirk Sessions Virginia, to be Secretary of Health and Collins Klobuchar Shaheen Human Services shall be brought to a The PRESIDING OFFICER. Under Shelby Coons Landrieu close? the previous order, the Senate will pro- Corker Leahy Stabenow Cornyn Levin Tester The yeas and nays are mandatory ceed to the following nomination which Crapo Manchin Thune under the rule. the clerk will report. Cruz Markey Toomey The clerk will call the roll. The bill clerk read the nomination of Donnelly McCain Udall (CO) Durbin McCaskill Udall (NM) The bill clerk called the roll. Stefan M. Selig, of New York, to be Enzi McConnell Vitter Mr. DURBIN. I announce that the Under Secretary of Commerce for Walsh Feinstein Menendez Senator from New Jersey (Mr. BOOKER) International Trade. Fischer Merkley Warner The PRESIDING OFFICER. Under Flake Mikulski Warren and the Senator from Pennsylvania Franken Moran Whitehouse (Mr. CASEY) are necessarily absent. the previous order, the question is, Will Gillibrand Murkowski Wicker Mr. CORNYN. The following Senators the Senate advise and consent to the Graham Murphy Wyden are necessarily absent: the Senator nomination of Stefan M. Selig, of New NOT VOTING—5 from Arkansas (Mr. BOOZMAN), the Sen- York, to be Under Secretary of Com- Booker Casey Lee ator from Mississippi (Mr. COCHRAN), merce for International Trade? Boozman Cochran and the Senator from Utah (Mr. LEE). The nomination was confirmed. The nomination was confirmed. Further, if present and voting, the f The PRESIDING OFFICER. Under Senator from Arkansas (Mr. BOOZMAN) NOMINATION OF SYLVIA MAT- the previous order, the motion to re- would have voted ‘‘nay’’ and the Sen- HEWS BURWELL TO BE SEC- consider will be considered made and ator from Utah (Mr. LEE) would have RETARY OF HEALTH AND laid upon the table. The President will voted ‘‘nay.’’ HUMAN SERVICES—Continued be immediately notified of the Senate’s The PRESIDING OFFICER. (Ms. The PRESIDING OFFICER. The Sen- action. BALDWIN). Are there any other Sen- ator from New Jersey. f ators in the Chamber desiring to vote? The yeas and nays resulted—yeas 67, UNANIMOUS CONSENT REQUEST—EXECUTIVE CLOTURE MOTION CALENDAR NO. 8 nays 28, as follows: The PRESIDING OFFICER. Under Mr. MENENDEZ. Madam President, 2 the previous order, there will now be 2 [Rollcall Vote No. 174 Ex.] weeks ago I came to the Senate floor to minutes of debate equally divided in YEAS—67 ask unanimous consent to ratify the the usual form prior to a vote on the Alexander Hagan Murray protocol amending our tax treaty with motion to invoke cloture on the Baldwin Harkin Nelson Switzerland. I argued that the new pro- Begich Hatch Portman Burwell nomination. Bennet Heinrich Pryor tocol would no longer permit Swiss The Senator from Oregon. Blumenthal Heitkamp Reed banks to withhold information on U.S. Mr. WYDEN. Madam President, Syl- Boxer Hirono Reid individuals who have hidden behind via Mathews Burwell was introduced at Brown Isakson Rockefeller Swiss bank secrecy laws to avoid pay- Burr Johnson (SD) Sanders the Finance Committee by the Senator Cantwell Kaine ing U.S. taxes. Schatz Cardin King from Oklahoma TOM COBURN and the Schumer Today I come to the Senate floor to Carper Klobuchar senior Senator from West Virginia JAY Shaheen ask unanimous consent to ratify the Chambliss Landrieu ROCKEFELLER. She has extraordinary Coats Leahy Stabenow bilateral income tax treaty with Chile. bipartisan support because she can Collins Levin Tester If the protocol with Switzerland is bring people together. After years of Coons Manchin Toomey the perfect example of how tax treaties Corker Markey Udall (CO) divisive and polarizing discussion Crapo McCain Udall (NM) enhance our efforts to prevent tax eva- about the Affordable Care Act, Sylvia Donnelly McCaskill Walsh sion, the treaty with Chile—the first Mathews Burwell is somebody who will Durbin Menendez Warner between our two countries—is the per- bring Democrats and Republicans to- Feinstein Merkley Warren fect example of why the United States Flake Mikulski Whitehouse gether to improve the quality and af- Franken Murkowski Wyden pursues tax treaties. We pursue them fordability of our health care. Gillibrand Murphy to promote greater trading investment.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3399 We pursue them to protect American lican leader, the Senate proceed to ex- ported favorably do not represent the companies from double taxation. We ecutive session to consider Calendar first time the Senate has considered pursue them to expand new markets No. 8, treaty document No. 112–8; that treaties providing for information ex- and develop new business opportunities the treaty be considered as having ad- change based on a ‘‘foreseeably rel- for companies and investors. vanced through the various parliamen- evant’’ or ‘‘may be relevant’’ standard. On April 1 the Foreign Relations tary stages up to and including the In fact, since 1999—so that is about 15 Committee, with strong bipartisan sup- presentation of the resolutions of rati- years now—the Senate has adopted res- port, reported favorably on a proposed fication; that any committee declara- olutions of advice and consent for at new income tax treaty with Chile. If tions be agreed to as applicable; that least eight other tax treaties using the ratified, the treaty would be only the any statements be printed in the relevant standard. This standard has third U.S. tax treaty in all of Latin RECORD as if read; that if the resolu- been part of the model of U.S. tax trea- America, but it would be a significant tion of ratification is agreed to, the ties since 2006. So it is not correct that step forward in a region critical to U.S. motion to reconsider be considered the ‘‘may be relevant’’ or ‘‘foreseeably international economic interests and made and laid upon the table; that the relevant’’ standard is vague or ambig- would be with one of our strongest al- President be immediately notified of uous. In fact, it has been extensively lies in the hemisphere. the Senate’s action and the Senate defined in agreed guidance to which no What does this treaty do? Simply then resume legislative session. country has expressed a dissenting put, it promotes trade and investment The PRESIDING OFFICER. Is there opinion to date. between the United States and Chile. It objection? I must say that not only are these provides for reduced withholding rates The Senator from Kentucky. objections ultimately not providing all on cross-border payments of dividends, Mr. PAUL. Madam President, reserv- the benefits that all of the private-sec- interest, and royalties. It would pre- ing the right to object, I think it is im- tor interests have expressed—as I re- vent avoidance or evasion of the taxes, portant to remember that the vast ma- ferred to before, the entire business includes rigorous protections against jority of Americans are law-abiding community—but by the same token, I treaty shopping, and ensures exchange Americans who reside either here or simply have a tough time accepting of information between our nations’ overseas and that they do have an ex- that those who cheat get away with tax authorities. pectation of privacy and they do have a cheating and that somehow we are Let me also add, the American pri- right to privacy. Those who break the going to make it easier for them to vate sector’s support for this treaty is law should be punished, but we can’t cheat when the average American does forget about the innocent Americans unequivocal. To quote from a 2013 let- not have the opportunity nor the desire who are not breaking the law who do ter to Senate leaders from the National nor do they cheat in terms of their Foreign Trade Council, the National have a right to privacy. We have had treaties such as this for payment of whatever are the taxes Association of Manufacturers, the U.S. decades, and I am not opposed to the they owe to the Federal Government in Chamber of Commerce, and other treaties. There are beneficial aspects a way that helps sustain all of the major U.S. business associations, ‘‘ . . . to the treaties. Past treaties have had things we seek as Americans: the best ratification would represent an impor- a standard which said that one had to armed forces in the world, security tant milestone in lowering tax barriers be committing tax fraud or that one here at home, educational opportunity to U.S. companies operating in Latin had to be engaged in fraudulent activ- for our kids. America . . . and would protect the in- ity, the same way every American here So there is a fundamental difference terests of U.S. taxpayers’’ in Chile. expects that the government is not here. I will push these tax treaties, and This protects and grows U.S. invest- going to look at a person’s bank ac- I will urge the majority leader to give ment in Chile. It expands U.S. eco- count unless they have gone to a judge us votes then in a process because it nomic engagement in the region, and with evidence that a person is cheating has overwhelming support and we can- that is a win-win-win. on their taxes. The government can’t not have one Member of the Senate ob- I know there are those in the Cham- just look at everybody’s information in ject to a process that can provide such ber who do not see it that way, but the bank without probable cause. The benefits and such equity across the these are the facts of economic engage- previous standard was that there had board. ment and economic statecraft in the to be some evidence presented that a I yield the floor. The PRESIDING OFFICER. The Sen- hemisphere. person was cheating on their taxes. I In the last decade, Chile has taken a ator from Maryland. think there should be some evidence regional leadership role on trade presented. UNANIMOUS CONSENT REQUEST—EXECUTIVE issues. It is one of our most important The new standard is they can look at CALENDAR NO. 9 bilateral economic partners in the re- any of a person’s records that may be Mr. CARDIN. Madam President, let gion. Total bilateral trade has nearly relevant. This is a much lower stand- me underscore the point Senator tripled since 2003, and U.S. investment ard, and I think it will be injurious to MENENDEZ, the chairman of the For- in Chile has more than tripled from $10 the vast majority, if not the over- eign Relations Committee, has made in billion in 2004 to roughly $35 billion whelming majority, of Americans who regard to these tax treaties. today. Ratifying this treaty will take are actually innocent but just happen I want to make two principal points, the bilateral commercial relationship to be living abroad. and then a few other comments, and to the next level. I would be willing to work with who- then I am going to propound a unani- I understand newly inaugurated Chil- ever is willing to work with me on this mous consent request in regard to the ean President Michelle Bachelet plans to get the treaties passed if we can Swiss protocols. to travel to Washington later this keep the same standard we have had The two points I want to raise—first month to continue the close partner- previously, which is a standard of on the standard of fraud, the relevancy ship between our two countries. Ratify- fraud, not a standard that these may be standard that has been included in tax ing this treaty would send President relevant. treaties ratified by the Senate since Bachelet a strong message that we So for this reason, I object. the 1990s. There are at least eight trea- value our partnership with Chile and The PRESIDING OFFICER. Objec- ties that have used this standard. This we are serious about further expanding tion is heard. is the international standard on fraud. economic opportunities between our The Senator from New Jersey. It is not the U.S. Standard. It is not two countries. Mr. MENENDEZ. Madam President, I the Swiss standard. It is not the Chil- Madam President, 1,421 days have would have more extensive remarks, ean standard. It is the international passed since the last time this Senate but I know my colleague from Mary- standard. ratified an income tax treaty. We can land has a different unanimous consent There may have been one time when end that ignoble streak right now. request. Let me make just three quick the United States could dictate what So I ask unanimous consent, at a points. tax treaties would include. But we are time to be determined by the majority Chile’s and other tax treaties the part of an international community. It leader, in consultation with the Repub- Foreign Relations Committee has re- is part of international negotiations.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3400 CONGRESSIONAL RECORD — SENATE June 4, 2014 This is the international standard for contrary, what it does is it removes the years since we have ratified treaties—4 cooperation among taxing authorities veil from those who are tax cheats, to years—because of time restraints of in order to establish a level playing allow us to get that information. It doing business in the Senate. It is one field. provides for the transparency nec- Senator holding up an expedited way Secondly, our Constitution provides essary between taxing jurisdictions so under the Senate rules so we could get for the ratification of treaties by the you cannot hide and commit fraud a vote. He can cast his vote any way he Senate and provides for a two-thirds against one country where you have wishes on this issue. vote. It is an extraordinary vote. It is the treaty. I will just say, we have so many of a heavy vote. It is a heavy burden for So I would urge my colleagues to these tax treaties that are backed up ratification of the treaties. It is not 100 allow us to proceed on these treaties. It now, not just the two we have spoken percent; it does not require every Sen- is very important to economic growth about today. There are other tax proto- ator to agree to it, but it takes two- in our own State. cols and treaties that are waiting for thirds of the Senators. With that, Madam President, I ask Senate ratification. I would hope we I would urge my colleagues that we unanimous consent that at a time to be could find a way that would satisfy col- need to return to regular order. Every- determined by the majority leader, in leagues to allow an up-or-down vote on one talks about returning to regular consultation with the Republican lead- these treaties. They are noncontrover- order in the Senate. Well, if we need to er, the Senate proceed to executive ses- sial, but they are extremely important go through lengthy debates and votes sion to consider Calendar No. 9, treaty to the businesses of our country and on a treaty that is totally non- document 112–1; that the treaty be con- moving our economy along. controversial, I am not sure we are sidered as having advanced through the The PRESIDING OFFICER. With re- serving the best interests in the Sen- various parliamentary stages up to and gard to the Selig nomination, under ate. Let’s have an open debate, but including the presentation of the reso- the previous order, the motion to re- let’s vote. If some Senators disagree, lutions of ratification; that any com- consider is considered made and laid well, at least allow the vote to go for- mittee declarations be agreed to as ap- upon the table, and the President will ward so we can get the two-thirds of plicable; that any statements be print- be immediately notified of the Senate’s the Senate to agree. ed in the Record; that if the resolution action. I want to thank the chairman of the of ratification is agreed to, the motion Mr. CARDIN. Madam President, I ask unanimous consent that the majority committee. He gave me the oppor- to reconsider be considered made and control the time from 2 p.m. until 3 tunity to chair the hearings. So I was laid upon the table; that the President p.m. today and the Republicans control at the hearings during consideration of be immediately notified of the Senate’s these treaties. We had a full panel of the time from 3 p.m. until 4 p.m. today. action and the Senate then resume leg- The PRESIDING OFFICER. Without witnesses. Not one testified in opposi- islative session. objection, it is so ordered. tion and not one was concerned about The PRESIDING OFFICER. Is there Mr. CARDIN. I suggest the absence of the issue that my colleague from Ken- objection? a quorum. tucky has raised on the fraud standard. The Senator from Kentucky. The PRESIDING OFFICER. The In fact, they all said this is the level Mr. PAUL. Madam President, reserv- clerk will call the roll. playing field. This will allow our coun- ing the right to object, let me make The bill clerk proceeded to call the try to support our companies and pro- one point very clear. One Senator can- roll. vide a level playing field for inter- not prevent a vote in this body. The The PRESIDING OFFICER. The Sen- national investment in the United vote can occur at any point in time. ator from West Virginia. States. One Senator can prevent sort of expe- Mr. MANCHIN. Madam President, I The absence of this treaty affects dited passage without extensive debate. ask unanimous consent that the order America’s ability to attract invest- One of the things our Founding Fa- for the quorum call be rescinded. ment. Make no mistake about it. It thers did with this body, by allowing The PRESIDING OFFICER. Without hurts our companies. It hurts Amer- filibuster and by allowing procedural objection, it is so ordered. ican companies that want to do busi- ways to slow things down, was to allow Mr. MANCHIN. Madam President, I ness in other countries. They need a Senators who are in the minority to come today and I am honored to sup- level playing field, to be protected try to influence legislation. port my friend Sylvia Mathews against multiple layers of taxation and I am open to a discussion on the lan- Burwell. Sylvia is a native of West Vir- compliance issues. So this allows for guage of this treaty, and I am open to ginia, and I have always said that we that level playing field, so we can have a discussion on how we would have the are all a part of our environment. If fair agreements. standard promulgated. But I am very you know where Sylvia came from, the Let me mention one company that aware that when people talk about the type of area where she was raised and has come to us and said this is very im- criminal aspect of people they want to the neighborhood, it will tell you ev- portant: McCormick. McCormick is a punish—I am in favor of that as well— erything about who she is today and company that has been headquartered you have to be aware that the vast ma- why she has been so successful and why in Maryland for 125 years. They have jority of Americans who reside over- public service runs through her veins, 2,000 employees in my State of Mary- seas are not criminals, are not tax truly giving something back. land and 10,000 employees globally. cheats, and are law-abiding citizens. The little town of Hinton, WV, is They are hurt by the failure to have So I do not think we should agree to where Sylvia is from. It is in beautiful these treaties ratified. a standard that is less than our normal Summers County in the southern part It presents a level playing field. It al- standard here in the country. I also do of the State. It is right on the New lows for investment. It protects the not think we should agree to a stand- River. It is a train town. Trains will privacy. Our laws protect privacy. ard that might allow bulk collection of come there and dispatch, and they will Swiss laws protect privacy. What this data on everyone who lives overseas. get them turned around to go in the does is establish a level playing field so Realize that this can be putting us be- right direction. all are protected. holden to other countries as well, ac- I will never forget when they intro- I appreciate the fact that we may cessing records of their citizens who duced Sylvia. I think it was Senator want to negotiate this in a different are here as well. ALEXANDER who was speaking. He was way. Well, let’s work with our nego- So I think we have to be very careful talking about his father, who worked tiators and work with the inter- about lessening the standard, and it is in the rail yard and was always respon- national community. It is not going to very much worth a debate. Therefore, I sible for turning the trains and getting be the United States dictating what object. them moving. I said: Well, one thing that standard should be. Quite frankly, The PRESIDING OFFICER. Objec- about that, Sylvia comes from a train the relevancy standard has worked tion is heard. town. She knows how to get the train well. There have been no complaints The Senator from Maryland. on the track and how to get it moving whatsoever on privacy issues on the Mr. CARDIN. Madam President, let in the right direction, and she has eight treaties we have ratified. To the me point out that it has now been 4 proven that.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3401 She is an unbelievable, blessed per- know her friends. I know her town. Mr. MURPHY. Madam President, I son. She is gifted, as smart as they That speaks volumes. As I said in the ask unanimous consent that the order come—a Rhodes scholar. In West Vir- opening, we are all products of our en- for the quorum call be rescinded. ginia we are so proud to have a person vironment. Sylvia Mathews Burwell is The PRESIDING OFFICER. Without with those types of skills and the ambi- a product of her environment, which is objection, it is so ordered. tion to serve. as nurturing and loving and caring as Mr. MURPHY. Madam President, I Now we will get into a little bit any one of us could ever hope for. To come to the floor to speak in support of about her mom and dad because it is have that quality of a person who is Sylvia Burwell’s nomination to lead really who she is. Her father is an eye going to be serving at the highest level our efforts at HHS and to follow up on doctor there and is well respected in is something I am very proud of—not the comments of her great friend Sen- the town, and he is an immigrant who just because she is a West Virginian ator MANCHIN. came from Britain. Her mother Cleo but because she is such an accom- I would like to add two points to Mathews was the mayor. When I was plished person and she wants to give what I think was a great presentation Governor of West Virginia and I would something back. She has lived the by the Senator from West Virginia. We come to town, Cleo would always call American dream. Her parents made rarely get someone who has this kind and tell me everything I did wrong. She that come true for her, and that is who of background in both the public and was usually right, and we would get she is. private sector and of course who is per- things worked out. We always had a I would ask all of my colleagues, fectly suited for a tour of duty at the great relationship. But she had skills when they are voting, who do you helm of the Nation’s largest public-pri- and she had to give something back. think would have better values, who vate partnership. HHS is obviously the payer for our You had to be involved. You just would have the ability, and who has Medicare Program and for much of our couldn’t sit around. You couldn’t be the knowledge and the experience to Medicaid Program, but they are doing satisfied with your life just thinking, make sure there is fairness and biparti- business with literally hundreds of well, I work and I have a paycheck. sanship? Every person is going to be thousands of private entities and pri- There was always something. listened to, and she will give a direct vate companies all throughout the I think that comes from—I am sec- answer as to exactly how she has come country—primarily health care practi- ond generation also—coming to this to a decision. That is all you can ask tioners from the east coast to the west country and hearing your grandparents for. When you have an opportunity to coast—and the Affordable Care Act is talk about all the wonderful opportuni- get somebody at that level in the pri- an enormous private-public partner- ties they have been provided and how vate sector, you would jump all over it. ship. We expanded coverage through privileged they believe they are and You would do whatever it would take both the traditional Medicaid Program how honored and why we always have to get somebody with her qualities. and also through millions of people—8 to give something back. You had to In public service, we have such a hard million and counting—who have signed volunteer, be involved. You had to go time today recruiting the young, re- cruiting this new crop of leaders. Some up for private insurance with a little out and contribute. You had to do bit of help from their government something. That is the type of back- of them will be Senators, some of them will be Congresspeople. They are going through tax credits. It is this back- ground Sylvia comes from. ground that she has on both sides of When you look at every job she was to be leaders in their communities. the public-private divide that I think asked to do, she was in the Clinton ad- They care at a young age. We have a will put her in a perfect position to ministration. If fame and fortune were hard time recruiting this younger crop lead this agency. her desire, she could have gotten it a of people, and when we have it, we bet- ter hold on to it. When she came before the HELP long time ago. She did public service, Committee, I was particularly pleased and she did it in an exemplary fashion. We have a chance to hold on to Syl- via, to take us to a new level where that she was very willing to be flexible Then after the Clinton administration health care could be affordable for the and aggressive in her work with Gov- she went to the Gates Foundation. She masses. We could have a healthier pop- ernors throughout the country who went to the Walmart Foundation. She ulation. We don’t have to rank 43rd in have not yet expanded Medicaid. I is always with a foundation. She is the world as far as wellness and lon- think there is growing willingness on somebody who is willing to help others gevity. It shouldn’t be that we are behalf of many Republican Governors and give back, trying to invest in the spending more money than anybody to look at some innovative ways to ex- best of America. Then she came back else and not getting results. We need pand Medicaid, and Sylvia Burwell is and she became our Director of OMB. somebody like Sylvia Mathews the perfect Secretary to work with She got totally unanimous support. Burwell, who could put all of this to- Governors to find a way—perhaps with Now the President has tasked her to gether and make sense out of it be- subsidies—that will help people in the come and take the reins of the DHHS. cause she comes from a family and a lower income brackets afford private I say to my friends, whether or not you community that is all-West Virginian insurance that could capture those 5 support the Affordable Care Act, Sylvia and all-American. million individuals across the country is not coming here to change your I say to my colleagues, I hope you who do not have access to Medicaid be- minds. She is not going to tell you: I will vote in favor of Sylvia Mathews cause their States have not expanded am going to tell you why you should be Burwell and show that we can come to- it. for it, and you are wrong if you are not gether, we can work in a bipartisan I wish to spend a few minutes in the for it. She is not going to do that. She fashion and pick the best person for the context of this debate answering what is going to make the system work. She job—not because they are Democratic I imagine will be a growing chorus of is going to be following the law and lis- or Republican or Independent or have concerns and criticism from our Repub- tening to everybody—those who sup- any political affiliation but because lican friends regarding some of the new port it and those who do not support they are the best qualified person for rate announcements from exchanges it—and making adjustments and rec- the job. all across the country. It has been hard ommendations. I trust that she will I would say thank you to all of my to follow a lot of the criticism of the take good, solid recommendations to colleagues for allowing me to give a Affordable Care Act because it seems the President: If change is needed, this little bit of insight into a most amaz- as though it mutates on a pretty reg- is where we need it. If this is not work- ing young lady, a mother, a daughter, ular basis. It started out with claims ing, this is why it is not working. If the and a loving friend to all who really that the Web site could never work numbers don’t add up and we cannot gives all she can. given its initial rollout problems. Of afford it, we will make adjustments to Madam President, I note the absence course it is working very well today. make sure it does work so all Ameri- of a quorum. Another criticism was that nobody cans can benefit. The PRESIDING OFFICER. The would sign up for this new benefit be- I come to the floor because I know clerk will call the roll. cause it was not affordable. We hit 8 Sylvia Mathews Burwell. I know where The assistant legislative clerk pro- million in terms of those who signed up she comes from. I know her family. I ceeded to call the roll. for private insurance.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3402 CONGRESSIONAL RECORD — SENATE June 4, 2014 They said young people would not instance, one of the most important ties and large public sector entities. sign up. Private insurers are telling us provisions of the Affordable Care Act Even with these challenges, Sylvia their mixes of enrollees are exactly as that very few people have noticed is Burwell is the right choice for HHS, they hoped, especially with respect to the provision that says that an insurer and I hope we will confirm her in a big the young people signing up. has to spend 80 percent of all the vote tomorrow. Then they said people would not pay money it takes in on care. If at the end I yield back. their premiums. In a House hearing of the year they have not spent 80 per- The PRESIDING OFFICER. The Sen- about 1 month ago, the private insurers cent of the money they have taken in ator from Wyoming. said that in fact 80 to 90 percent of peo- from ratepayers and premium payers Mr. BARRASSO. Madam President, I ple were paying their premiums, which on direct care, then they have to re- come to the floor to discuss the nomi- is comparable with the non-ACA plans. bate money to consumers. nee for Secretary of Health and Human Of course, there was the general Thus, if these premium increases are Services because as a physician I am claim that it will bankrupt the Treas- above what is justified based on the ac- very concerned and want to make sure ury, even though it is saving us tril- tual experience, there is going to be a Americans can get health care. I think lions in terms of deficit savings as well rebate paid to ratepayers. Those re- getting care is actually much more im- as savings to the overall health care bates thus far have saved patients and portant than getting the insurance spending line items of the Federal Gov- consumers all across the country $5 bil- component of that, but that is nothing ernment. lion, and it is a significant, historic new, and I said that to the President. Now the critique is that these rate protection against unjustifiable pre- In so many ways, the President has ac- increases are unjustifiable as insurers mium increases that are not backed by tually offered empty coverage but is are getting ready to offer rates on the actual experience in terms of claims not actually providing an opportunity new exchanges coming out for open en- paid. for care for people. We have seen situa- rollment at the end of this year. The protections are even broader. tions where people are paying higher First of all, it is important to note While rate increases are not new, what premiums, higher copays, and higher that there are a lot more insurance is new is that consumers are back in deductibles, all of which are the many companies offering health care on charge of their health care again. Ten side effects of the President’s health these new exchanges. Connecticut will years ago insurers were charging 15 care law. get at least one new entrant. New percent, 20 percent increases and they When I hear my colleague from Con- Hampshire, for instance, went from one were also denying health care to mil- necticut make reference to rates going insurer to five insurers. There is very lions of Americans who were sick. In up, let’s face it. What the President of good news coming with the new ex- some parts of the country they were the United States said is that pre- changes. There will be a lot more op- charging women 50 percent more than miums would drop $2,500 per family by tions because the insurers have figured what they were charging men. They the end of his first term. The President out it is a pretty good deal for them as were putting annual limits on health didn’t say, well, it will not go up as well as their consumers. care coverage that ended medical in- fast or that it will go up some, but It is important to have a little bit of surance for many of the sickest indi- don’t worry about it. The facts are that context. I have a couple of examples of viduals and families all across the people are continuing to be hurt by the the kind of premium increases that country. All of those abuses, under the health care law, and much of it is as a have been asked for by private insurers Affordable Care Act, are history. result of the expense of the law. all across the country in the last sev- While I will admit we still have work Last week USA Today had a report eral years. In 2010, Anthem in Cali- to do to bring down the cost of health that said: ‘‘Many employees hit with fornia proposed a 25- to 39-percent in- insurance in this country, at the very higher health care premiums.’’ They go crease in premiums. Again in 2010, An- least today consumers are back in on to say: them asked for a 23-percent increase in charge of their health care, the worst More than half of companies increased em- Maine. The year before in Michigan, excesses and abuses of the insurance ployees’ share of health care premiums or co- Blue Cross Blue Shield asked for in- industry are no longer permitted. payments for doctors’ visits in 2013. . . . creases up to 56 percent for some popu- While I want to see a day when Why? Because of the health care law. lations. health insurance premium increases What other things have businesses that The reality is that on average we are 2, 3, and 4 percent, what we are see- are trying to provide health insurance have seen a premium increase for the ing thus far in the wake of the passage for their employees had to do? Thirty- individual market of 15 percent or of the Affordable Care Act is premium two percent of the time the businesses above over the last 10 years. That is increases that are less than the histor- delayed raises for the individuals be- not good news, but it does provide ical average before the law was passed. cause the cost of insurance under the some context for the requests for pre- Those are the facts. I know that is President’s health care law has gone up mium increases we are going to see in not solace for individuals who are re- so much. People who are concerned the exchanges this year. Actually, the ceiving these premium increases, but about take-home pay are getting hurt reality is that since the law passed, what we have seen are premium in- by the health care law. there has been a fairly precipitous de- creases coming down and not going up According to this USA Today report, cline in the number of premium in- since the Affordable Care Act was 22 percent eliminated or cut back on creases above 10 percent that have been passed. benefits, and 21 percent of these folks requested by private insurers. There There is still an enormous amount of were cut back from full-time work to are less requests for premium increases work to do. The news is generally very part-time work. That is obviously a hit above 10 percent today than there were good. More people are being enrolled in to somebody’s take-home pay. in the corresponding period before the the Affordable Care Act than what was The report says health care pre- Affordable Care Act was passed. expected. Over the last 6 months alone, miums have increased 80 percent since Just because the rate increases that the rate of uninsured individuals in 2003, nearly three times faster than are being requested—or may be re- this country has come down by 20 per- wages and nearly three times faster quested—as we roll out the next year of cent. Medical inflation is at a near- than inflation. The health care law has open enrollment for the State-based term historic low. Whether it be infec- actually failed to do what the Presi- exchanges may be below the historical tion or readmission rates, outcomes dent promised when it comes to actu- averages of the last few years, that cer- are getting better. ally providing care and affordable care. tainly is not any reason for people to Our next Secretary of Health and As I look around the country, it is in- jump for joy. Fifteen percent is Human Services will have a lot of work teresting to see what is happening. unaffordable, fifty-six percent is to do to continue to perfect this law, There was a report out very recently unaffordable, and 10 percent is still but she is going to have a lot of good about hundreds of thousands of Iowans unaffordable. work and a lot of good outcomes upon who don’t have coverage. The report It is also important to note some of which to build, based on her experience goes on to talk about a woman who the protections that are in the bill. For in both managing private sector enti- said she drove a half hour from

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3403 Mitchellville recently to seek care for Paul Torkelson said the wasteful concerns. UNITE HERE, a union in Las flu-like symptoms at a free clinic in spending on ObamaCare that has left Vegas, representing many of the casino Des Moines. She is an assistant man- many taxpayers outraged will soon be workers, 2,000 housekeepers, waiters, ager of a convenience store. She has making a significant impact on Min- others at 9 of 10 downtown Las Vegas been offered insurance by her employer nesota’s schools—a significant impact casinos, are concerned about the cost. but would have to pay $111 every 2 on Minnesota schools. According to One of the union leaders has said, when weeks for her part of the premium, and documents released by Minnesota’s we first supported the calls for health she said: ‘‘I can’t afford that. . . . management and budget office, over care reform, we thought it was going to There’s no way on Earth.’’ the next 3 years, the total unfunded bring costs down. Our colleague from Connecticut said costs associated with Affordable Care That did not happen, and that is why it is working. It is not working, and it Act compliance will cost school dis- I am here on the floor. is because of the mandates of the law, tricts statewide at least $207 million. Mr. MERKLEY. Mr. President, would such as the mandate that people have It is troubling news for our schools, the Senator yield for a question? to get insurance that the government the State representative said. This is Mr. BARRASSO. Certainly. Abso- says they need as opposed to what may $200 million that school districts won’t lutely. Yes, Mr. President. be good for them or their family. be able to use to hire more teachers or Mr. MERKLEY. I thank the Senator. The woman, Reinna, said she heard improve their educational programs. I couldn’t help but hear outside the most Americans are required to have This is an unneeded expense that does Chamber the Senator from Wyoming health insurance this year or pay a absolutely nothing for our students. talking about Oregon. So I just wanted penalty. Democrats who voted for this The senator concludes by saying: It to ask, in Oregon, 400,000-plus people said if someone doesn’t buy the insur- is pretty sad when schools are forced to have signed up for health care through ance, they have to pay a penalty. She prioritize ObamaCare compliance over the Affordable Care Act. Some of those heard that and learned it was equal to the education of our children. may have had insurance before. We are 1 percent of her income. So I come to the floor when I hear not sure if it is 25,000, maybe it is According to this article from the my colleague from Connecticut saying 50,000; there are conflicting numbers on Des Moines Register where they had it is working to say it is not working that. But is it a good thing or a bad their primary elections yesterday, in all across the country. It is not work- thing that 350,000 or more individuals Iowa, the Des Moines Register: The ing in so many ways that the President have gained access to health care lady laughed ruefully at the prospect. said it is. The President said Demo- through this plan? ‘‘I don’t care. They can fight me for crats should forcefully defend and be Mr. BARRASSO. I would say that it.’’ proud of the health care law. I don’t many people in Oregon have been So this is a woman in Iowa, knows know how a Senator can stand up who helped and many have been hurt. That about the penalty, knows about the voted for this and be proud of what we is the problem with this health care mandates, and she would say to my are seeing happening to school districts law. There are people who have been colleague from Connecticut who was all across the State of Minnesota. helped, absolutely. I just believe that just on the floor that it is not working The President continues to tout some the costly side effects, the harmful side for her. number of people who signed up across effects, the dangerous side effects of She bristled at the new requirement the country, and I always ask, How this health care law have actually hurt to obtain insurance. She said, if we many of them actually have insurance? people. So for people who may have could afford it, do you think we would In Oregon, a story just out in the last been helped, there are as many, if not be standing out here? Of course, where week or two, in The Oregonian: Thou- more, who have been hurt through she was standing was in a line for a sands have not paid premiums for higher premiums, higher copays, loss of free clinic, nodding at a half dozen oth- Cover Oregonian health policies, plac- their doctor, can’t go to their hos- ers in line on the sidewalk waiting for ing coverage at risk. So in spite of pital—all of those things—plus, at the the free clinic to hold one of its twice- what my colleague from Connecticut expense of significant amounts of tax- a-week sessions. may have said, this article says a large payer money wasted. I think we are I come to the floor today, as I have number of people who have signed up seeing that situation in Oregon right repeatedly, to talk about the issues of for private health insurers through the now with potential lawsuits being filed, the health care law as a doctor trying Cover Oregon health insurance ex- FBI investigating, whether there was to make sure patients get the care they change have not paid their first oversight, and hundreds of millions of need from a doctor they choose at month’s premiums, meaning they are dollars, as reported in today’s Wall lower costs, and seeing that the Presi- at risk of going without coverage Street Journal, of wasted taxpayer dol- dent’s health care law has failed miser- through November. lars. Oregon, I believe Massachusetts ably because so many people have been More than 81,000 people went through as well; Maryland, Minnesota, States hurt by this health care law. They have Cover Oregon—either through paper or that I have been talking about here. had their insurance canceled, even electronic applications—to select a pri- Mr. MERKLEY. Could the Senator though the President said, Oh, no, it vate plan. We know about the failures explain how it is for those 350,000 or won’t happen. He said, If you like what of that exchange. We know that the more—maybe 400,000—who have newly you have, you can keep it. National FBI, I believe, is investigating it. Of gained access to health care, how they folks who assessed this called that the those, 5,000 have already canceled poli- have been hurt by gaining access to lie of the year. cies or been terminated for lack of pay- health care? We also see that many people cannot ment. Thousands more have not yet Mr. BARRASSO. I am referring to keep their doctors, and they are find- paid their first month’s premiums, people who have been hurt by the ing out that their copays are higher, meaning they have not completed their health care law all across the country. their premiums are higher. enrollment, according to the carriers. I worry about the more than 5 million It is interesting, because it is affect- The President talks about the num- people who have lost their coverage as ing people in so many different ways. bers of enrollees. I don’t know how a result of the health care law. Minnesota is another State where many people actually paid to con- The PRESIDING OFFICER (Mr. there has been a lot of debate and dis- tinue—to consistently say they have COONS). The time of the Senator from cussion about the health care law. The insurance, and consistent insurance, Wyoming has expired. headline in the Mankato Times: ‘‘Min- all the way through. Insurers say any- Mr. BARRASSO. Thank you. I am nesota Schools to lose more than $200 where between 66 to 80 percent of con- merely trying to respond to my col- Million because of ObamaCare.’’ My sumers have paid, meaning anywhere league. colleague from Connecticut just said it from 20 to 34 percent have not. So it is Thank you, Mr. President. I yield the is working. Well, if it is working, why hard for me to say that things are floor. are the Minnesota schools losing $200 working. Mr. MERKLEY. I thank very much million because of the health care law? It is interesting. Unions, which have the Senator for responding to my ques- The article says: State Representative supported the law, have come out with tions.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3404 CONGRESSIONAL RECORD — SENATE June 4, 2014 Thank you, Mr. President. students who already have debt would So there are other measures we can The PRESIDING OFFICER. The Sen- be able to reduce that debt. Those stu- and should achieve, but a fair shot for ator from Connecticut. dents who are paying 7 or 8 or 10 or 11 everyone ought to begin right now with STUDENT LOAN DEBT percent would be able to reduce it, refi- this measure on the floor, enabling stu- Mr. BLUMENTHAL. Mr. President, I nance, not just—we all do refinancing dents and former students to refinance am very proud to begin a conversation of our home loans and our car loans so they have the best shot at paying off on the floor with a number of my col- right now. There is no possibility of those loans and a fair shot at the leagues about one of the most urgent doing it with student debt loan, and American dream. and pressing challenges that face us as that is what this measure would enable I yield the floor. a body here in Washington, making them to do. For folks who have grad- The PRESIDING OFFICER. The Sen- laws, but even more preeminently to uated and who cannot start families, ator from Illinois. families and students around the coun- begin businesses, buy homes, con- Mr. DURBIN. Mr. President, I thank try who literally, right now, are sitting tribute to our economy, it would en- my colleague from Connecticut for ref- at their kitchen tables, in their living able them to accomplish those dreams erencing a measure in which we both rooms, in family gatherings, trying to rather than deferring or abandoning share an interest. He is right; a student find a path forward in financing their them. loan is not like another loan. It is not education, their children’s education, I am often heartbroken, as I talk to like the mortgage on your home. It is their grandchildren’s education. people who have these debts. They did not like the money you borrowed to We must do better as a nation. We the right thing; they played by the buy a car or a boat or a line of credit have to do better in giving a fair shot rules, went to college, and now find you might have needed at some point to them—to the innovators and entre- themselves crushed by that debt. Those in your life. A student loan is a debt preneurs and investors of the future— who are laboring under these crushing that cannot be discharged in bank- the people who will power our economy debt loans often have pursued careers ruptcy. No matter how bad things get, with ideas and energy as a result of in medicine and other professions such you are going to carry that debt with college education, which is part of the as nursing that would enable them to you to the grave, and believe me, they do an enormous good for this country if American dream—part of giving every- will pursue you all the way. they were helped, if that crushing bur- body in America a fair shot at that We just had a report in the Wall den were somehow reduced. Giving dream. Street Journal. There was a grand- I have been doing a lot of listening them a fair shot is good for our econ- mother receiving Social Security bene- omy because it will increase consumer over these past weeks, over these past fits. They levied her benefits because demand. It is also good for our social 31⁄2 years, and over three decades in grandma decided to befriend her grand- fabric—literally economically, so- public service. I think listening is one daughter by cosigning her student cially, and physically good for our of the most important things we do as loan, on which her granddaughter de- health by enabling some of those doc- public officials. There is an old saying faulted. So now grandma finds her So- tors and nurses to work in commu- that God gave us two ears and one nities that are underserved right now. cial Security check being levied to pay mouth so that maybe we do a little We ought to give them public service off her granddaughter’s student loan. It more listening than talking. When I options, enable some of that debt to be never ever ends. talk to students—and I have been doing So I support my colleague from Con- paid down or paid off through commu- a lot of that at commencement ad- necticut. He and I both believe this nity and public service. But the meas- dresses and classrooms and roundtables ought to change. This is awful. For ure I think we can agree is urgent and around the State of Connecticut—I tell goodness’ sake, we have to have some pressing, where there ought to be con- them I want to listen. What I have recognition of what is happening with sensus, is enabling the commonsense been hearing at Ansonia High School student debt today. It is not the way it refinancing of current debt. and Windham High School and The There are other measures that are vi- used to be. Those of us fortunate Stanwich School—high schools around tally important, such as clarifying and enough to get the early government the State of Connecticut—is they are requiring more accuracy and truth in loans—the National Defense Education seeing dreams crushed by the cost of the forms that are given to students at Act, that is how I went to college and college education. The pages who are the time they take these loans so they law school. Scared to death when the here today, our children, when we go know what their debt will be; enabling Soviets launched sputnik, this Senate home at night can tell us about how more of them to have grants rather and the House created a loan program devastating these costs are, how their than loans, bringing down the cost of for kids like me from East St. Louis, hopes and aspirations for the future are tuition; enabling more public service IL, to borrow money to go to college. I constrained and sometimes crippled fi- options as a means to pay down or pay had to pay it back over 10 years with 3 nancially by the cost of college edu- off debt. But let’s focus right now on percent interest. I did not think I ever cation. We must bring it down. The what is clearly an imperative—a moral would, but I did. Now look at what stu- costs of tuition and expenses must be imperative and a social imperative for dents are faced with. reduced. our Nation—to enable more refinancing Hannah Moore, of the suburbs of Chi- At the same time, we need to find right now. For federal student loans cago—I have gotten to know Hannah. I better financing options for our stu- that were originated in the years be- want to tell you Hannah Moore’s story. dents. That is the reason we are re- tween 2007 and 2012, the government This young lady went to community introducing today the Bank on Stu- will make $66 billion. Mr. President, $66 college first. A good idea, right—af- dents Emergency Loan Refinancing billion. That money goes into the U.S. fordable, a local college. Then she de- Act, with some minor changes, because Treasury fund when, in fact, instead it cided to sign up at the Harrington Col- we have listened to people who have should be invested in our students and lege of Design. They were going to give told us improvements that could be our communities. her a special education. Well, they sure made in that measure. But, most im- I urge my colleagues to join in this as heck did. The Harrington College of portantly, we have listened to stu- effort and to focus on those additional Design is a for-profit college. Hannah dents, both the high school students measures we can achieve. Moore signed up for the course. It is and college students, who are telling us I see my colleague from Illinois is owned by Career Education Corpora- about dreams deferred and dreams dev- here. He has championed and I have tion. It is a for-profit school. You astated by the costs of college edu- been pleased to join him in efforts to ought to know something. Career Edu- cation. So we must make sure that the enable student debt to be discharged in cation Corporation is under investiga- $1.2 trillion that overhangs them and bankruptcy. One of the great, gaping tion in 17 different States for their ac- our economy is addressed. gaps in our present bankruptcy system tivities in luring students into worth- This measure would help the stu- is that students cannot find any relief less college courses. Hannah Moore was dents of today and tomorrow. It would from this student debt. Almost every one of those victims. help the students of today because it other form of debt can be discharged What happened to Hannah? Well, at offers promise for the future, and the from bankruptcy but not student debt. the end of the day, when she finished

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3405 her so-called course at the Harrington help students in debt get out from 1974. My father—when I was in grade College of Design, she ended up $124,000 under that debt. school, we lived in a working-class in debt, and it is growing. She cannot I yield the floor. neighborhood—had taken me to the keep up with it. She cannot earn The PRESIDING OFFICER. The Sen- school doors and said: Son, if you go enough money to keep up with it. Do ator from Connecticut. through those doors and you work you know what has happened? She has Mr. BLUMENTHAL. Mr. President, I hard, you can do just about anything moved into her parents’ basement. thank my colleague from Illinois. here in America. That is where she has to live now. Her ORDER OF PROCEDURE Well, that was a message about the dad has come out of retirement to help I ask unanimous consent that Sen- fact that there is a pathway to thrive, her pay off the loan. That is what she ators be permitted to speak for up to 5 a pathway to fulfill your potential, a faces. minutes each during the majority’s pathway to pursue your dreams, and in So we are going to do something controlled time. the process of doing that you are about it with the help of a few Repub- The PRESIDING OFFICER. Without strengthening our entire Nation be- licans. I hope a few of them will stand objection, it is so ordered. cause when you aspire to your poten- and join us. We are going to give stu- Mr. BLUMENTHAL. Mr. President, I tial, when you aspire to your dreams, dents across America who are not in would like to yield now to Senator then you also find yourself giving back default an opportunity to refinance MERKLEY and then to Senator SCHU- in all kinds of other ways, including their college loans with lower interest MER. having enough income to pay a Federal rates. Those of us who have had a few The PRESIDING OFFICER. The Sen- income tax and contribute property mortgages in our life know what that ator from Oregon. taxes and revenue, as well as the tal- means—a lower interest rate, a lower Mr. MERKLEY. Thank you very ents or fruits of your profession. payment or more money reduced from much, Mr. President. Well, I still live in that blue-collar the principal. It is the only way some I am honored to be here joining Sen- community. My kids still go to the of these people ever get out from this ator BLUMENTHAL, Senator DURBIN— same high school I went to. But the Senator BALDWIN is going to be here— burden of student debt. Senator ELIZA- message to our students today is very Senator SCHUMER, and many others to BETH WARREN put the bill together. I different. They are familiar with many have cosponsored it with a number of come and address this important topic, families such as Stephanie and her hus- others. We think this is the only way and this topic is the college loan debt band. They are familiar with the fact that students deep in debt have a fair trap. that student tuition has gone up faster I have a letter here from Stephanie shot at a future; otherwise, they are than virtually anything else in our so- from Oregon, and she writes to me going to be swamped with debt and ciety. It is a much bigger share. I think about the trap she and her husband feel never get out of it. a rough estimate is about 21⁄2 times the they are in. She says: The prospect of going back to school amount in terms of a working income for Hannah? Impossible. She cannot I am writing to you as a potential investor than it was when I was going to school, borrow money for that. Buying a car? into Oregon’s economy and the economy of the United States. Unfortunately, however, I starting college. Let’s make this com- Out of the question. Her own apart- will not be able to be this investor until parison: In Germany, the cost of a year ment? No, sorry, you cannot do that ei- mine and my husband’s Private Student in college is around 4 percent of the ther. I have met young couples who Loans . . . are paid off. We owe a little less median income. In the United States of have said: We are putting off raising a than $100,000 in . . . Student loans and pay America, the cost of a year in college is family because of the debt. $1,100 per month. We will pay this amount about 50 percent of the median income. Now we have a bill that is going to be for the next 12 years. Because of our student Well, what a difference between less introduced by Senator WARREN, loans and the 7–7.2% interest [rate] they are than $1 out of $20 and $1 out of every $2. brought to the floor, and we need Re- set at, we cannot afford to purchase a house in the neighborhood we love . . . cannot buy What an incredible difference. So, at a publican support. We cannot pass it a car, and cannot even fathom starting a minimum, shouldn’t we be acting without Republican support. So far not family. We can’t even afford to go on vaca- today to enable those who have these one Republican has joined us—not tion, whether that is around Oregon, or out- high-interest student loans to refi- one—for refinancing college debt. But side of that to the many other wonderful nance them to a reasonable low rate? that can change. It will change if our states and countries. We pay rent, utilities, Shouldn’t we be able to do that? Republican colleagues will simply go and try and buy good, healthy food, but in The PRESIDING OFFICER. The Sen- home to their States and have a town order to even afford these basics I have to ator’s time is expired. meeting and ask the people in attend- work 2 jobs at 7 days a week. Mr. MERKLEY. I ask unanimous ance: What do you think; should we She goes on later to say: consent for 30 seconds. give college students a lower interest It has been nothing but spinning in place. The PRESIDING OFFICER. Without rate? Should the Federal Government ... objection, it is so ordered. make less money off these college stu- This is a growing reality for millions Mr. MERKLEY. Thank you, Mr. dents so they can get out from under of Americans who have graduated with President. this debt once and for all? student loan debt the size of a home I will wrap up simply by saying that They will find what I found in Illi- mortgage and higher interest that this is common sense. Let’s lower this nois—overwhelming support for this make these huge student loans the burden, and then let’s go on and do approach. equivalent of a millstone around their much more: control the cost of tuition, So if we are going to do something in necks. When our aspiring young adults raise the impact of Pell grants, and the Senate Chamber that really affects in America—who have graduated, who pursue low-interest student loans as a the lives of working families—where have gone on to start their careers— tool for our students from here going young people and their parents can when they cannot afford to buy a forward. say, well, thank goodness somebody in house, that enhances inequality in the Mr. President, I am delighted to have Washington is finally listening to prob- United States of America because had this chance to speak to a funda- lems families face—this is it: refi- home ownership is the major vehicle by mental challenge to young Americans nancing college student loans. This is which middle-class families in America in every State of the United States of our opportunity to give a fair shot to establish a nest egg, establish wealth, America. kids from working families all across establish a slice of the American The PRESIDING OFFICER. The Sen- America, the kind of opportunity I had, dream. What is more joyous in life ator from New York. the kind of opportunity millions of than having children, being able to Mr. SCHUMER. Mr. President, first others have had. raise children? That is the most tre- let me salute my colleague from Con- There is a lot more we need to do to mendous, tremendous experience. But necticut for bringing us all together to clean up this mess when it comes to she is saying she and her husband can- talk about this important issue, the college loans and when it comes to the not even think about starting a family. good words of my colleague from Or- schools that are ripping off students, The picture was quite different when egon—always on the money, always un- but let’s start at the right place. Let’s I was graduating from high school in derstanding what average folks need

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3406 CONGRESSIONAL RECORD — SENATE June 4, 2014 and have to go through—and, as well, So it affects our entire economy be- United States we appreciate the value our sponsors of this legislation. I sa- cause construction jobs are not up to of education. We know it leads to high- lute Senators WARREN and FRANKEN, what they should be. A large part of er-paying jobs, better health, and even who are our two lead sponsors. that is because people are not buying longer lives. I know the value of edu- The bottom line is very simple. It is homes the way they used to. So the cation. My grandpa worked 1,500 feet amazing to think that there are 40 mil- bottom line is, it is very hard to resist underground in a mine in Ely, MN. He lion Americans and their families—at a the logic of the proposal that Senators was not able to graduate from high time when interest rates are at about a WARREN and FRANKEN have put to- school because when his parents died, record low—who are paying 7 to 14 per- gether. the two oldest boys had to go to work cent on their student loans. It is amaz- Here are some numbers from my in the mines. They were only 15 years ing to think that the average student State. Fifty-four percent of Long Is- old. That is what they did. They went graduates with over $30,000 of loans on landers between the ages of 25 and 29 to work in the mines. They were able his or her back. It is amazing to think live at home with their parents or rel- to keep the entire family together. that so many of our young people are atives—more than one in two. Amaz- The youngest girl had to go to an or- living at home because they cannot af- ing. That is the American dream, to be phanage in Duluth for a while, and ford not to because of student loans. able to get out of college and go live on then they were able to bring her back. Thirty-six percent of all individuals be- your own, find a job, maybe find the Those two oldest boys never got to tween 18 and 31 live with their par- person you want to spend the rest of graduate from high school, never went ents—the highest percentage in 4 dec- your life with. That is the American to college, and worked in the mines ades. dream. It is a lot harder to do that their entire life, worked underground Why should people be paying more? when you are living at home, as much at a very dangerous time in our coun- And even more outrageous, guess who as we all love our parents. But because try. When the sirens would go off, they is making the profit much of the time? of student debt, because of high inter- would not know whose family member Sometimes it is the private banks. est rates on student debt, people are had been killed. That is bad enough, but sometimes it is forced to do that. That is what my grandpa did. He the Federal Government. For the Fed- So, again, I thank all of my col- wanted a better life for my dad. He lit- eral Government to charge people near- leagues who have joined in our fair erally saved money in a coffee can in ly double the going rate for their stu- shot effort—our fair shot effort on min- the basement of their house so that he dent loans is so unfair. imum wage, our fair shot effort on pay could send my dad to college. Then my So we Democrats are hoping to give equity, and our fair shot effort on col- dad went to college and became a news- people a fair shot, a fair shot at being lege affordability. We will continue to paper reporter. My mom, during the able to repay the cost of college at a fight as hard as we can to see that the same time period, growing up in Mil- reasonable interest rate. That is all we average middle-class family is finally waukee during the Depression, ended want. We are dedicated to helping the given a fair shot. We hope and we pray up going to Milwaukee Teachers Col- middle class, to helping working peo- our colleagues on the other side of the lege and then came to Minnesota and ple, to helping people who do not have aisle will not stand in the way. was a teacher. so much money get a fair shot at living I know my colleagues from Con- Here I am standing today on the Sen- decently well, the way they always necticut and from Minnesota, who has ate floor, the daughter of a teacher and have in America but in a way that is been a great leader on this—and very a newspaper man and the grand- beginning to decline. few in America, let alone in this Sen- daughter of an iron ore miner. It would Our colleagues on the other side of ate, have such an understanding of the not have happened without education. the aisle, we would beg of them not to needs of average families and the mid- It would not have happened without stand in the way but to join us. How do dle class than the Senator from Min- my mom’s parents struggling to make they defend charging those who have nesota. So I am happy to yield the sure she went to college, and without graduated from college 7, 10, even 14 floor so she may say a few—what I am my grandpa saving that money in a percent for their student loans? sure will be very prescient—words. coffee can after working underground Now, we just got a CBO score. Our The PRESIDING OFFICER. The Sen- in the mines and never being able to go bill, which is paid for by simply the ator from Minnesota. to school himself. Buffett rule, which says that someone Ms. KLOBUCHAR. Mr. President, I That is what I know about education. making over $1 million should pay the appreciate the words of the Senator That is a story we hear again and again same rate as their secretary, as an av- from New York, and also his keen focus from people in this country. Higher erage person. on these issues for the middle class, education provides students with the Well, that is how we pay for it. giving everyone a fair shot. skills they need to be competitive in Again, I cannot believe my colleagues I rise today to talk about the prob- today’s global economy. At a time on the other side of the aisle would dis- lems of student debt in this country when more and more jobs require some agree with that. Anyway, we have a $21 and the effects that it has on millions form of postsecondary school, we can- billion net positive on our bill. So for of Americans. I think we all know that not allow cost to be a barrier to that anyone who is worried that we do not it is not just students, as much as that opportunity. We cannot allow only the pay for the bill, we actually pay for the is the first group we think about—stu- wealthy to be able to send their kids to bill and return some money to the dents—it is also their parents. Those college. It is really that simple. Treasury. So a fair shot is what is are the ones I hear from a lot, and how This country was built on the middle needed here, a fair shot for everyone to hard it is, and how they have that next class. This country was built on this afford college. kid coming. idea that no matter where you come Last year we lowered the interest While maybe they were able to patch from, if you are in a little iron ore min- rate for people already in college. But together loans and some income to ing town in northern Minnesota, that what about the 40 million who are out help one kid go through college, the there is a chance that your kid can go of college and are saddled with high in- second one comes along and it is in- to college. My dad did not start at terest rates, people who got out of col- credibly difficult. They literally have some fancy college. My dad went to a lege before 2010? Let’s not forget the ef- this Sophie’s choice about which kid community college which is now fect this has on the rest of the econ- they are going to send to college or Vermilion Community College, which omy and new homes. Young people are what are they going to do with the was then Ely Junior College, and got not buying homes at the rate they used third kid. It just should not be hap- his 2-year degree. Then he went to the to—first time home buyers. Why? Well, pening in America today. University of Minnesota. Back then it one of the reasons—we cannot quantify I thank Senators FRANKEN, was so incredibly affordable. He would how much yet, but we will be doing BLUMENTHAL, and BALDWIN for bringing still send his laundry back to my that—is that they are saddled with so us together on the floor, as well as Sen- grandma in Ely, and she would do his much student debt at high interest ators HARKIN, WARREN, and DURBIN for laundry and she would send it back. He rates. their leadership on this issue. In the got by on barely nothing.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3407 But he went on from that degree at roots, the ideals that made college af- nancing Act which I am also very the University of Minnesota to become fordable for generations past, and hope- proud to cosponsor. a journalist and interview everyone fully for this generation and genera- I hope my colleagues will let us vote from Ginger Rogers to Mike Ditka to tions to come. Back in the 1970s and on this proposal so we can provide re- Ronald Reagan. It all started in that 1980s when several Members of today’s lief to millions of Americans who are hardscrabble mining town. That is Senate were college students, the Pell struggling under the weight of student what education is about in this coun- grant, which is the cornerstone of our loan debt. try. Outstanding student loans now, Federal student aid programs, covered We also have to demand more respon- they are not like something you can fit as much as 72 percent of the cost of at- sibility from colleges and universities. in a coffee can. Outstanding student tendance at a 4-year public college. While student loan debt skyrockets, we loans now total more than $1.2 trillion, For the 2014–2015 academic year, the are also seeing college executive sala- surpassing total credit card debt and maximum grant is expected to cover ries climb ever higher. Clearly institu- affecting 40 million Americans. less than one-third of the cost. Invest- tions need to have more skin in the One in seven borrowers defaults on ing in things like Pell grants is critical game when it comes to student loans. Federal student loans within 3 years of to ensuring the doors to higher edu- That is why I introduced, along with beginning repayment. Other borrowers cation remain open to all students with many colleagues, the Protect Student are struggling too. Thirty percent of the talent and desire to pursue a col- Borrowers Act, specifically with Sen- Federal Direct student loan dollars are lege degree. ators DURBIN and WARREN. The Protect in default, forbearance or deferment. It Young people today deserve the same Student Borrowers Act will hold col- costs a lot of money. When there are fair shake that Members of this body leges and universities accountable for not high-paying jobs right out of got when we were undergraduate stu- student loan default by requiring them school or when kids have really high dents, when grants and not loans cov- to repay a percentage of defaulted costs from school, and when they are in ered most of the cost of college. loans. As the percentage of students a job that maybe eventually they will Now, I was fortunate enough at 17 to who default rises, the institution’s get enough money, they have trouble join the Army and attend West Point. risk-share payment will rise. Essen- paying off their loans. So I did not have to face the rigors of tially, they will now have an interest, But make no mistake, student loan financing college education. But every- and a real interest, in ensuring that debt impacts everyone, not just stu- one I know in my generation will tell their students take out appropriate dents. Student loan debt hangs like an you it was easier then because there loans and they have coursework that anchor around not just individual stu- was a strong Federal commitment to leads to remunerative employment dents but around our entire economy. supporting men and women of talent after they graduate. Colleges can play It is dragging us down. Graduates with and desire to go on to college. Ever-ris- a key role in all of these things. Today high debt may delay making key in- ing costs today are just pricing out a it is a spotty record. Some are very vestments like saving for retirement or whole generation from college edu- good, some are indifferent, and some getting married or buying a home. Stu- cation. are very bad. dent debt may even impact a person’s We see more and more hard-working The Protect Student Borrowers Act career choices, by deterring some grad- young people and their families falling also provides incentives for institu- uates from taking jobs in crucial fields behind as they try to pay for their de- tions to take proactive steps to ease like education. grees that were supposed to help them student loan debt and reduce default According to a report I released as get ahead. In fact, an analysis of stu- rates. Institutions can reduce or elimi- chair of the Joint Economy Committee dent loan debt by Demos predicts that nate their payments if they implement on the Senate side, Minnesota actually today over $1 trillion in outstanding a comprehensive student loan manage- has one of the highest rates of student student loan debt will lead to a total ment plan—again, if they talk to their debt in the country. Seventy percent of lifetime wealth loss of $4 trillion for in- students, if they advise them what to the recent graduates in Minnesota have debted households. Not only do people do, if they help them manage this debt. loan debt, compared to 68 percent na- start off after college with great debt, The risk-sharing payments will be in- tionally. So it means a lot in our but their ability to build assets in the vested to help struggling borrowers, State. future is also reduced. So it is a much preventing future default and delin- The good news is that there are ac- deeper hole than even the initial debt. quency, and reducing shortfalls in the tions we can take—— Student loan debt is jeopardizing this Pell Grant Program. This money will The PRESIDING OFFICER. The Sen- generation’s ability to buy a home, to stay in the system to help other stu- ator’s time has expired. start a business, to start a family, to dents. Ms. KLOBUCHAR. I ask unanimous do things that my generation took for With the stakes so high for students consent for another 30 seconds. granted after getting out of college. and taxpayers, it is only fair that insti- The PRESIDING OFFICER. Without For the last 30 years, tuition increases tutions bear some of the risk in the objection, it is so ordered. have outpaced inflation. Outstanding student loan program. I would argue a Ms. KLOBUCHAR. Last summer we student loan debt has quadrupled since basic premise, that they will do a lot acted to prevent the interest rate from 2003. It is time for action. better as custodians and managers and doubling. We have also introduced the First, we must provide relief for bor- advisers for the students when they Bank on Students Emergency Loan Re- rowers who are currently repaying have money at risk. financing Act. I urge the Senate to their loans. We must ensure that stu- Right now, it is the students and consider this very important bill so dent loan servicers are held account- their families who bear it all—and the more students can manage their debt able for providing borrowers with accu- government, if there is default. As a re- and build a better future for them- rate and clear information and the full sult, you don’t have the active partici- selves and their family. I am proud to range of borrower benefits they are pation at the institutional level that support this bill. due. That is why I was pleased to join could make a real difference. I yield the floor. Senator DURBIN in introducing the Stu- In many respects, this is a lesson we The PRESIDING OFFICER. The Sen- dent Loan Borrower Bill of Rights Act. learned, at a very expensive cost, dur- ator from Rhode Island. Even more important to families’ ing the financial crisis in the mortgage Mr. REED. Mr. President, I ask unan- bottom line is reducing their payments markets, where mortgage makers had imous consent to speak for up to 10 and overall debt burden. We should no interest in who was borrowing minutes. allow borrowers with high fixed-rate money. They didn’t care if they could The PRESIDING OFFICER. Without loans to refinance at the lower rates pay it back, because the minute the objection, it is so ordered. approved on a bipartisan basis under paper was signed, they sold it off to the Mr. REED. Mr. President, we need to the Bipartisan Student Loan Certainty secondary market and they walked rethink financial aid in this country. Act that became law last year. That is away to the next closing. We can’t We need urgent action if we are to re- the premise of Senator WARREN’s Bank have that attitude pervasive in higher form our system, to return to the on Students Emergency Loan Refi- education.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3408 CONGRESSIONAL RECORD — SENATE June 4, 2014 We know there are many forces that present lives are impacted and whose nicate with Members of Congress, re- are driving increases in costs in higher futures are constrained by the gardless of their party. So I will vote education, and one of the cost drivers daunting and financially crippling for Sylvia Burwell to be confirmed as is, frankly, the falloff on State con- overhanging debt. It is an overhanging Secretary of Labor and HHS, and I tributions to public higher education. debt that impacts our economy because wish her the best. According to the State Higher Edu- it prevents the entrepreneurs from tak- No one should confuse that vote, cation Finance report, state spending ing risks. It prevents young people however, for being a vote in support of per full-time equivalent student from buying homes and starting fami- the Affordable Care Act and what it is reached its lowest point in 25 years in lies. It financially cripples our econ- doing to health care in the United 2011. omy as well as those individual lives. States today. I want to talk about that I have introduced the Partnerships So in the light of self-interest, we for a second. Some of these things I for Affordability and Student Success ought to argue for all of us to support want to talk about are questions I Act to reinvigorate the Federal-State this legislation. For myself, I am going asked Ms. Burwell in the confirmation partnership for higher education with to be listening to those students who hearing. an emphasis on need-based grant aid. discussed their futures with me at An- Remember back in the sixties and sev- sonia High School, Stanwich, at When I was on the Health, Education, enties, nearly 80 percent of the financ- roundtables across Connecticut, at the Labor and Pensions Committee, and we ing was grant aid. You didn’t have to commencements where I spoke, and the did the markup in terms of the health 1 pay it back. You had a chance to get an college students who spoke to me at care bill, we met for 69 ⁄2 hours. I heard education and start off without a lot of Quinnipiac, or the law school students every debate on every amendment; I debt. there who talked to me about how heard every debate on every philos- Simply put, I believe the States have their present lives and their spirit, ophy; I heard every proposal that was to begin to renew their investment in their hope for public service, as well as made, and it became quite clear to me education at the college level. for gaining for themselves the promise that the premise of that legislation, I urge the Senate to come together of their futures, will be impacted and based on the President’s recommenda- with a sense of real urgency on finding maybe put out of reach by the debt tion, was diametrically opposed to my solutions to all of these issues, to move they have, not just hundreds of dollars personal philosophy in terms of where forward, and to give this generation or thousands of dollars, but tens of government’s role should be. and the next generation the same op- thousands of dollars and, for some, I think the President—and it has portunity that many of us here took hundreds of thousands of dollars. been said by the leader HARRY REID re- for granted in the sixties, seventies, We can do better for them and for cently—thought a single-payer health and eighties. ourselves if we enable them to refi- care system was the right way to go. I I yield back the remainder of my nance. Right now, student debt is not think the Affordable Care Act is de- time and I yield the floor. only one of the few debts that is non- signed to drive America toward a sin- The PRESIDING OFFICER. The Sen- dischargeable in bankruptcy, but it is gle-payer health care system. ator from Connecticut. one of the few debts that is I would rather have a competitive Mr. BLUMENTHAL. I thank my col- nonrefinanceable. private sector system that is on a play- league from Rhode Island, who has Let’s treat these students as we ing field that the government makes been such a champion and a leader in would other debtors. In fact, let’s give sure is fair and level but that the win- these efforts over so many years. Well them a fair shot. Let’s give our coun- ners and losers in health care become before I came to the Senate, he was try a fair shot. those who compete the best in terms of there working and fighting for more af- I am proud to support this legisla- quality and service. fordable loans for our students. tion. I thank all of my colleagues who The comments that have been heard are here today, and all who will sup- In fact, the intent of the ObamaCare on the Senate floor over the past hour port—I hope on both sides of the aisle— act and Affordable Care Act has di- reflect a growing awareness and worry this vote we will have next week. rected a lot of things to happen. Three in the country, a worry about what I yield the floor. of them were not good. happens to America in the future, The PRESIDING OFFICER. The Sen- Premiums have gone up. The costs to whether we will leave a lesser America, ator from Georgia. the consumer have gone up, principally and whether the American dream will Mr. ISAKSON. Mr. President, I rise because taxes have been levied on the be not only deferred but denied to so for a moment to talk about the Sylvia insurance industry. That is No. 1. many students who are wondering and Burwell nomination, pending confirma- Access has been more limited and worrying right now about their per- tion to be Secretary of Labor at HHS, more restricted based on the Bronze sonal futures as well as the future of and also to talk about the Affordable Plan, the Silver Plan, the Gold Plan, the country. Care Act, because you can’t separate and differences between the exchanges. These comments and this conversa- the two. tion will be extended over this day and I have the good fortune of being on Third and foremost, there is a great the days to come as we prepare for a the Health, Education, Labor and Pen- uncertainty in America about what crucial vote next week on this bill. One sions Committee and the Finance Com- happens next and where health care is of the chief authors of this bill, Sen- mittee. The good fortune of that is it going, because the President has selec- ator WARREN, is to be thanked and allowed me to twice be able to interro- tively given waivers and put off the im- commended. She will be on floor later gate—and I use the word interrogate pact of certain provisions of the law, today or tomorrow to speak for herself, understanding its many definitions— while lifting up and actually repealing but she has shown, through her career, Ms. Burwell over issues that were im- with his own signature and his own pen how often people who most need this portant to me both in the Health, Edu- provisions that were in the law. So kind of help, whose finances most cry cation, Labor and Pensions Committee, there is a lot of uncertainty. out for this assistance, are impacted, as well as in the Finance Committee. Two things I want to focus on from and in fact constrained in their futures I found her to be articulate, forth- the cost standpoint. One of them is by the big banks and lending institu- right, straightforward, and candid— what is called the HIT, the health in- tions that take advantage of them— something we haven’t had in the Sec- surance tax, which went into effect and, in this case, even the U.S. Govern- retary of Labor-HHS for the last year this year. This year $8 billion in taxes ment itself that is profiting off their or so. I am looking forward to having were levied against small- and me- backs—billions of dollars in profit at somebody in there who will be able to dium-size group insurance providers in the expense of our students when we answer the hard questions. I might not the exchanges for health care. It is an should be investing in them. like the answer, I might not agree with arbitrary number that was used to help We have an obligation and a historic the solutions, but I like having some- determine and pay for the Affordable opportunity to make things right for body who has the intellect, the capa- Care Act, and it is assessed based on young people and older people, whose bility, and the willingness to commu- the market share of the companies.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3409 Think about this for a second. The in our country; that is, independent Now, my State of Indiana was nota- U.S. Government is taxing health in- agents making sales of independent in- bly absent from that despite our re- surance providers based on their mar- surance products through independent quest that she listen to what Hoosiers ket share of health insurance, and add- contractors. That has now gone away. had to say about their source of en- ing that cost to where? To the pre- They have to now go find an employee ergy, what it does for the state’s econ- mium that is paid by the consumer. who is a navigator, who has no incen- omy, how it helps attract jobs to our It has been estimated that the pre- tive, because they are on a salary and State, and how it helps our residents to mium cost is going to go up about $512 not a commission, to provide a plan or keep utility bills in line. So we were a year for the average consumer, just to sell a plan. They merely are there to very disappointed that we were not in- in order for the moderately small- and collect their paycheck and offer infor- cluded in that listening tour. Other medium-sized group provider to pay mation, if in fact somebody can find States, surprisingly—or maybe not sur- the fine or pay their share of the tax of them. prisingly—which are also coal-pro- $8 billion. That $8 billion in 2014, in 2019 My point is this: Ms. Burwell is tak- ducing energy States were also by- goes to $14.3 billion and will go up ad ing on a serious challenge in terms of passed. Apparently, they didn’t want to infinitum as it will continue to climb— Labor HHS. The Affordable Care Act hear from us. which means costs will continue to presents a lot of problems in terms of I think on Monday we found out ex- climb. access, cost, and quality of health care actly why it was done that way, be- Access has been restricted because a for the American people that will only cause in the latest installment of the lot of people aren’t playing in the sys- get greater as the years go by. We are administration’s ongoing ‘‘war on tem. A lot of specialty hospitals have going to take somebody of her com- coal’’ as it is described, Administrator chosen not to join the plans. That has petence and her candid nature to help McCarthy announced that the EPA is meant that specialty care to a lot of us join together to see to it that what putting forward new rules on existing children and adults is not available. has become a major problem that fossil fuel powerplants. These new pro- Another problem we have had is with looms for our country, the Affordable posed regulations are essentially an en- navigators, and I want to focus on the Care Act, is revisited to look at a new ergy tax that will damage our national navigator point for a second, because it way to go back to the private sector, economy as well as the economy of In- fundamentally underscores my belief go back to competition, go back to a diana and hike electric bills for every in the private sector. level playing field and out of the busi- Hoosier. For years I ran a business. It was a As the seventh highest coal-pro- business where we had some employees ness of selective taxation, less access, ducing State in the Nation, Indiana re- but mostly had independent contrac- more cost, and more bureaucracy. That lies on coal-fired electricity to meet tors. We provided group medical bene- is what we have with the Affordable well over 80 percent of its energy needs. fits for our employees, but only access Care Act right now. That is what is un- Our industry provides thousands of to salesmen who would sell group plan tenable. jobs and contributes three-quarters of health plans for independent contrac- I wish Ms. Burwell the best. I intend a billion dollars to the Indiana econ- tors. to be very aggressive and active in my They got a commission when they work on the Health, Education, Labor, omy. Because of this, the EPA pro- sold a plan, when they provided the & Pensions Committee and the Finance posed rule will place a choke hold on services, and the employee or the inde- Committee in trying to get to the bot- Indiana’s primary and most affordable pendent contractor in my company de- tom of some of the questions that have energy source, driving up utility costs, cided to buy. What we did in the Af- gone unanswered from the Department. and putting our State at a disadvan- fordable Care Act—or what the Afford- I wish her the best, and I hope I get the tage in competing with other States to able Care Act and those who voted for answers to those questions when she is lure companies and to attract resi- it did—it basically did away with all confirmed as the new Secretary of dents. the salesmen in the country who were HHS. It is worth noting that the EPA’s an- selling group medical plans to individ- I yield the floor. nouncement ignores the progress the uals and small businesses. Why? Be- The PRESIDING OFFICER. The Sen- utility industry has made in recent cause it had a medical-loss ratio max- ator from Kansas. years, and, in fact, in recent decades. imum of 80 percent or 85 percent, (The remarks of Mr. ROBERTS per- Energy providers in Indiana and across meaning your medical costs had to be taining to the introduction of S. 2430 the country have spent billions of dol- 80 percent to 85 percent of the pre- are printed in today’s RECORD under lars to control air pollution that has miums. Administrative costs could ‘‘Statements on Introduced Bills and resulted in significant declines in emis- only be 15 to 20, and it counted the Joint Resolutions.’’) sions. In fact, we have significantly commission for selling the product as Mr. ROBERTS. I yield the floor. cleaned our air and water through en- an administrative cost, which meant Mr. President, I note the absence of a vironmental regulation and through commissions weren’t available to be quorum. capital investment to produce an envi- paid. The PRESIDING OFFICER. The ronment that is the envy of many na- So what happened? All the people in clerk will call the roll. tions. This has been done at a competi- sales in terms of group medical insur- The assistant legislative clerk pro- tive disadvantage to our companies, be- ance got out of the business and went ceeded to call the roll. cause we are competing in a global to selling something else. What hap- The PRESIDING OFFICER. The Sen- economy and we know that nations pened because of that? Navigators ator from Indiana. such as China and India and others came about. Mr. COATS. Mr. President, I ask have not made the same commitment So we ended up hiring a bunch of un- unanimous consent that the quorum that Americans have in controlling qualified, unknowledgeable, limited- call be rescinded. their emissions. talent people as navigators to offer to The PRESIDING OFFICER. Without We have also been a leader in Indiana try and sell insurance under the new objection, it is so ordered. in reclamation and restoration on the exchanges created by the ObamaCare ENERGY REGULATION mining front. So those who say it is a act. What happened is sales of those Mr. COATS. Mr. President, this last desecration of the land to extract coal policies were not very robust. In fact, fall Environmental Protection Agency need to come and see what we have it was very difficult for the President Administrator Gina McCarthy em- done in terms of reclamation. Instead to get his minimum goal of 7 million barked upon a national listening tour of barren hillsidesbarren of grass and people being covered. Why? Because to gather feedback on possible new en- trees, you will find lush pastures and the navigators weren’t salesmen, No. 1; ergy regulations that could be ordered scenic views where you would never No. 2, they weren’t as well educated as by the Environmental Protection have known mining had taken place. they should have been; and, No. 3, the Agency’s regulatory power. Notably Penalizing Hoosier energy producers States did not embrace it. absent from her tour across the Nation with unattainable environmental re- So that is the private sector solution were the major coal-producing or user strictions, I believe, is the wrong ap- that had been used for years and years States. proach. In effect it is a backdoor way

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3410 CONGRESSIONAL RECORD — SENATE June 4, 2014 for unelected bureaucrats to impose nesses and manufacturing entities Hundreds of billions, if not trillions, regulations similar to the cap-and- complain loudly about these extra of dollars have been spent over the trade scheme previously pushed by the costs that Americans and most other years trying to control those emis- White House. Not only did a totally European nations do not face. It has sions, and we have a pretty good Democratic-controlled Congress fail to triggered a potential crisis from an record. Can we go farther? Absolutely. pass this similar proposal in 2010, I economic standpoint. Companies are Can we do more? Absolutely. Can we think it is clear that there will not threatening to move offshore, else- put ourselves on a much more sustain- even be 50 votes for the EPA’s proposed where in Europe or to the United able path to a cleaner environment regulations in the Senate today, much States or to other places. Users and with less emissions? Absolutely. But less the 60 votes required for passage. I residents are complaining loudly about setting a mandatory number in terms think the President realizes this. the fact that they are subsidizing an of percentage and a mandatory dead- So what does he do? He bypasses Con- unworkable plan. line in terms of reaching something gress, which I think is an unconstitu- While the government subsidies fi- that has proven to be unreachable and tional means of enforcing what ought nance inefficient technologies and the threatens our ability to provide sus- to be done through legislation—de- government obsesses about emissions tained energy to our businesses and bated and passed by those who are goals, Germany has ramped up its coal residents is something we need to take elected and are responsible to the peo- use, ironically, to 45 percent of total careful assessment of before we rush ple who elected them—and bypasses electricity generation. into arbitrarily setting a rule that by- that by essentially moving it to an Think about this for a minute. passes the debate that would take A government plan to mandate and agency and saying: You do it by rule- place in Congress, bypasses the posi- subsidize alternative energy sources, to making. Then unelected bureaucrats tions of our elected Members of this close their nuclear plants, to cease make the decisions that we ought to be Congress, and done through a process using coal-fired plants to provide power making in this Congress. the Constitution has established in This is not the first time that one has now put Germany in a situation terms of how we make decisions. country has had to limit one type of where 45 percent of its energy is pro- I urge my colleagues and the Presi- vided by the import of coal—high sul- energy to the detriment of economic dent to take a second look at what the fur coal with high emissions, because growth and the pocketbooks of hard- possible consequences could be. It is that is what burns the hottest. nothing but pie in the sky, ideologi- working families. These new sweeping Now the question here is: Can we rules on coal-fired powerplants brought cally driven rules and regulations that learn some lessons from this? What we are driving this. We have a model of a to mind my friends in Western Europe. are embarking on here essentially is a As U.S. Ambassador to Germany from major industrial nation that has taken plan very similar to what has already similar steps and has seen those steps 2001 to 2005, I had a front row seat for been tried and failed. This is a cost too the similar transition away from fossil fail. high for our economy in the United Again, I urge my colleagues to look fuels that most Germans now regret. States. Without a course correction, I When the German legislature passed very carefully at what is happening think President Obama’s war on coal a renewable energy law in 2000, Ger- through this proposed rule, and I trust will receive the same results as Ger- we will be able to effectively address many gave solar and wind producers 20 many’s or perhaps even worse, higher years of fixed high prices and pref- this situation in a responsible and rea- prices and real potential for electricity sonable way. erable access to the country’s elec- supply disruptions. tricity grid. Following a fashionable I see my colleague from Tennessee is I talked to a number of the electric prepared to remark on perhaps this or green wave of the moment, the main companies that derive from coal a political parties in Germany reached a something else, but there is probably source of energy that provides a very no one better suited to talk about al- hasty decision to phase out all 17 of reliable base load. Base load is what that country’s nuclear power plants. ternative energy and its consequences you absolutely have to have to keep than my colleague Senator ALEXANDER. German leaders vowed to eliminate the lights on and to run the factories With that, I yield the floor. clean nuclear power while simulta- and to keep energy flowing. Their con- The PRESIDING OFFICER. The Sen- neously aiming to reduce carbon emis- cern is that the current plan will dis- ator from Tennessee. sions from 80 to 95 percent by 2050. rupt that base load to the point where Mr. ALEXANDER. Mr. President, I These overly ambitious and seemingly we cannot guarantee energy will reach am delighted to be on the floor to hear contradictory targets they said would homes at a time when a polar vortex the distinguished Senator from Indi- be achieved by an extravagant govern- has put people at subzero freezing tem- ana, and former Ambassador to Ger- ment plan to encourage the develop- peratures or when the temperatures many, tell the story of Germany, which ment of renewable energy production climbs to triple digits during the sum- has gotten itself into what can only be methods. mer. These baseloads cannot be described as an energy mess. Under the plan the so-called reached by turning windmills, and He summed it up pretty well. They ‘‘energiewende’’ or ‘‘energy transition’’ many days—particularly in my State basically adopted the policies the renewables, mostly solar and wind, and others—the Sun is not shining. President seems to be suggesting. would supply—they said—80 percent of That is not a dependable source for Where did they end up? They closed Germany’s electricity and 60 percent of providing the baseload that is nec- their nuclear plants and they are buy- the country’s total energy require- essary, particularly at times of stress ing their nuclear power from France. ments. If those goals look impossible, on the system. They subsidized wind and solar, and it is because it has been impossible for President Obama has often seen ele- now they are buying natural gas from them to reach and they realize that. ments of European socialism as some- Russia—of all unreliable people. As a Germany’s ongoing subsidization of al- thing he would like to impose on Amer- result of all this, they ended up having ternative energy means Germans pay icans. Well, this is one time when I to build coal plants. significantly higher prices for energy think the President should learn from I think I was with the Ambassador in than the global average, putting their European socialism and European mis- Germany, and I said to the Economic industries at a competitive disadvan- takes and avoid duplicating the situa- Minister: This has produced a situation tage. Their consumers pay some of the tion in Germany by simply letting where you have nearly the highest highest electric rates in the world. proven energy providers do their jobs electricity prices in the European Earlier this year the German govern- and produce the energy that is needed. Union. What do you tell a manufac- ment revealed that nearly 7 million Once again, I have to say the United turer when they say they want to come families—and they only have 80 million States has a pretty commendable to Germany? The minister said: I tell in the country—are in ‘‘energy pov- record of addressing the issues of emis- them to go somewhere else. erty,’’ meaning they have to receive sions. We all want clean air, we all Well, somewhere else is the United major subsidies from the government want clean water, and we all want to States today, and we want those jobs. in order to pay their electric bills. have a safe environment for ourselves, I thank the Senator for his experi- Today German citizens and their busi- our children, and the future. ence.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3411 I come to the floor on another sub- waste makes American taxpayers furi- year rose at the fastest pace in 35 ject. Tomorrow we will vote on the ous. They earned those dollars, paid years. The Hill newspaper reported nomination of Sylvia Matthews those taxes, and don’t deserve to see that insurance executives say pre- Burwell to be the Secretary of Health that money flushed down the drain by miums in the new exchanges will dou- and Human Services. I intend to vote Washington bureaucrats who didn’t ble or triple in parts of the country the yes on the nomination. Ms. Burwell has care enough to see that things were next year. Even with subsidies, many a reputation for competence, and she is done right. Americans are finding that deductibles, going to need it. She is being asked to No. 5, show Americans some respect. copayments, and out-of-pocket ex- oversee a big mess this administration That means don’t announce major pol- penses are so high they can’t afford has created in health care and so far icy changes in blog posts. When Con- health insurance. has lacked the leadership to clean up. gress asks if you are in trouble, don’t We said people would lose their Republicans know how to clean it up. pretend everything is fine. If Secretary choice of doctors, and many have. We We want to take our health care sys- Sebelius had been upfront about the said ObamaCare would cancel policies, tem in a different direction, and we Web site problems before the rollout, and it has. At least 2.6 million Ameri- need to be able to work with Ms. we might have saved Americans pre- cans have had their individual plans Burwell to do it. cious time and money. outlawed by ObamaCare. I remember In a few minutes, I am going to spell Most importantly, recognize that the that Emilie from Lawrenceburg, TN, out two things: first, what Ms. Burwell majority of Americans disapprove of had a $52-a-month policy. She has can do to avoid the mistakes of her the new health care law and start tak- lupus, and her policy fit her needs and predecessor in working with Congress ing a look at Republican health care her budget. It was canceled. Now she is and serving the American people, and proposals as a way to repair the dam- in the exchange, and it costs about $400 second, what Republicans would like to age done by ObamaCare. a month. She says it is more coverage do with our health care system. I have At Ms. Burwell’s hearing before the than she needs and she can’t afford it. five items to suggest for her to work on Senate HELP Committee, where I am Millions more Americans who get with us. the ranking Republican, I laid out their health care through small busi- No. 1, end the secrecy. Last year I again what Republicans would do if we nesses will find the same thing will said the NSA could have learned some- could—what we would like to do with happen to them later this year. thing from Secretary Sebelius because our health care system. We have been We said jobs would be lost, and they getting information about the saying this since 2009 when the legisla- have. The President of Costa Rica is hosting jobs fairs and welcoming med- ObamaCare exchanges was next to im- tion was first introduced. ical device companies that have been possible for Members of Congress. When I was a boy, my grandfather The administration owes the Amer- was a railroad engineer in Newton, KS. driven out of the United States by the ican taxpayers and their elected rep- He drove a big steam locomotive. He onerous 2.3-percent tax on revenues. We said Medicare beneficiaries would resentatives under the Constitution in- would drive a switch engine into a be hurt, and they have. The average formation about how the administra- roundhouse and onto a turntable. It cut for a Medicare Advantage bene- tion is spending our money. We should might have been headed to Santa Fe, ficiary will be $317 between this year and then he would turn it around and not have to rely on anonymous news and next. sources. head it off to another direction, maybe We said the only bipartisan thing No. 2, work with Congress. This ad- to Denver or Houston. It is hard to about the bill would be opposition to ministration has made at least 22 uni- turn a big train, so that is what they it, and it is. A recent Gallup poll says lateral changes in the new health care had the turntables for. that 54 percent of Americans are op- law, many of which should have been Ms. Burwell understands this. She is posed to the law. made by Congress. At this rate, the from a railroad town in West Virginia, During the debate, I said every Sen- President may be invited to speak at as it turns out, and that is what Repub- ator who voted for the new health care the next Republican convention for licans would like to do with our health law ought to be sentenced to go home having done the most to change his care system, we would like to turn it and serve as Governor in their home own health care law. around and head it off in a different di- State and try to implement it. There Our Founders did not want a king. rection—not back but in a different di- are 16 Governors struggling with that Some Presidents have stepped over the rection. We want to repair the damage today who won’t implement the Med- line the Founders intended, but I don’t ObamaCare has done, and we want to icaid expansion because they are wor- think any President has gone as far as prevent future damage as responsibly ried about costs down the road, and this one. He has appointed more czars and rapidly as we can. We would like to they should. than the Romanovs. He made recess ap- move in a different direction to put in When I was Governor of Tennessee, pointments when the Senate was in place health care proposals that would Medicaid costs were 8 percent of the session. He turned his Education Sec- increase freedom, increase choices, and State budget, and that was in the 1980s. retary into the chairman of the na- lower costs. We trust Americans to Today it is about 30 percent. These tional school board. This President has make those decisions themselves, and Governors are wondering what costs swung the furthest from the kind of we believe that is the American way. will be in 10 years. elected leaders our Founders envi- Four years ago Congress and the The most important thing we said sioned, George Washington modeled, President made what we believe was an was what we would do if we could. We and our Constitution prescribed. historic mistake. Congress passed a said: Let’s go step by step in a different Will Ms. Burwell follow the Presi- 2,700-page bill. Republicans said we direction. Our Democratic friends said: dent’s steps or will she seek to work don’t believe in trying to rewrite the Wait a minute, that is not a com- within the framework of the Constitu- whole health care system. Let’s instead prehensive plan. We said: You are tion? I hope she chooses the latter. go step by step to create more freedom, right; we don’t believe in comprehen- No. 3, please don’t solicit from com- more choices, and lower costs. sive. If you are expecting MITCH panies you regulate. This is pretty sim- Let me take you back for a moment MCCONNELL to wheel in a wheelbarrow ple, but the former Secretary solicited to the health care summit at the Blair with a 2,700-page Republican health from companies she regulated, and she House 4 years ago. The President in- care bill on it, you will wait until the should not have. This kind of behavior vited three dozen Members of Congress. Moon turns blue because we are policy should leave with her. He spent 6 hours with us, all on na- skeptics. We don’t believe we are wise No. 4, be a good steward of taxpayer tional television. I was asked to speak enough to write a 2,700-page bill that dollars. Apparently the government is first for the Republicans. I said what I will change the whole system, but we set to spend more than 1 billion Fed- thought was wrong with the Presi- believe we can go step by step in the eral tax dollars in technology costs on dent’s plan. I said it would increase right direction, and we outlined our the ObamaCare Web site. We know that health care costs, and it has. steps. nearly $1⁄2 billion was wasted on four USA Today reported that health care Senator JOHNSON has a proposal that failed State exchanges. This kind of spending in the first quarter of this would allow more Americans to keep

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3412 CONGRESSIONAL RECORD — SENATE June 4, 2014 their insurance plans, as the President pass it through the Senate, and get on We are not going to solve every vet- promised. with building these new and necessary erans problem in one bill overnight, Senator MCCAIN has a proposal that expanded VA clinics at 27 locations but we can start. A bite at a time, a allows you to buy insurance in another around the country, in 18 States, obvi- step at a time, we can start to do posi- State if it fits your budget and your ously including the State of Louisiana. tive work, and these 27 clinics in 18 needs. There are two locations there, as I States are very positive, very concrete. Senator ENZI has a proposal for a mentioned—in Lafayette and Lake So where we have agreement—and we small business employer so that he or Charles. have complete agreement in this area— she can combine purchasing power with I again take the floor in the context ‘‘let’s move it’’—a direct quote from other employers and offer employees of this much broader VA scandal to Senator SANDERS from late last year. I lower cost insurance. urge us to come together and act in am sorry to say that Senator SANDERS Senators BURR, COBURN, and HATCH this simple but important way. I have is not allowing us to move it. We have have a proposal to allow to you buy a been coming to the floor to urge this absolute agreement on the substance of major medical plan to ensure you action for months now—well before these clinics. We can call that bill off against a catastrophe and a health sav- this current VA scandal erupted. But I the calendar right now. We can put the ings account to pay for everyday ex- think that new context of this national perfecting amendment on it. There is penses. VA scandal makes bipartisan action on absolutely universal agreement on the I have a proposal to make it easier, this and anything else we can agree on substance of that bill with that amend- not harder, for employers to reward more necessary than ever. So I again ment. But we are not moving it, appar- employees who live a healthy lifestyle. urge all of my colleagues to come to- ently because he wants to use that as That is what we mean by doing what gether to get this simple but important some sort of leverage for other VA pro- my grandfather did with that train and work done and to continue to work on posals. I want to work on those pro- turning it around and heading it off in all of the other very necessary changes posals, but where we have agreement, a different and correct direction. we need at the VA. let’s move it. As rapidly and responsibly as we can, In terms of these 27 outpatient clin- Veterans want us to come together in we would like to repair the damage ics, there is no disagreement about a bipartisan way. They want us to act ObamaCare has done. We would like to this. A bill has been passed through the not in a month or a year, not after prevent future damage. We want to House—with one dissenting vote—to more and more studies, they want us to move in a different direction that pro- get this done. It sits in the well of the start to act now where we can, where vides more freedom, more choices, and Senate. There is no objection to the we have agreement. I think it is very important that we lower costs. We trust Americans to merits of the bill as long as we add one act. It is very important that we do so make decisions for themselves. That is perfecting amendment that has been in a bipartisan way. This is one focused the American way. worked out with every Member of the area where that is possible imme- Since President Obama will still be Senate. There is no substantive objec- diately, today, so I urge us all to do in office for the next 2 years, if Ms. tion to that. However, it has been held Burwell is confirmed, as I fully expect that. up and objected to by Senator SAND- There are other areas where we need she will be by a good vote, we will need ERS, the head of the veterans com- her help to accomplish that. to act. Senator SANDERS is in discus- mittee, purely because he wants to use sions with many of us, being led on the I thank the Presiding Officer, and I it as leverage to pass his much broader yield the floor. Republican side by Senators BURR and veterans bill on a host of other topics. MCCAIN. I hope that broader agreement The PRESIDING OFFICER. The Sen- As I have said many times before, ator from Louisiana. comes together. I hope it comes to- those other topics are very important. gether very soon. I have been assured VA CHALLENGES Those broader topics have only been by both sides—by Senator SANDERS on Mr. VITTER. Mr. President, I rise to underscored in the last few weeks with discuss important veteran and VA the Democratic side and Senators BURR this developing VA scandal. We need to and MCCAIN on the Republican side— issues—issues we are all properly fo- address many areas, but we shouldn’t cused on like a laser beam right now— that certainly this clinic issue will be hold veterans hostage and we shouldn’t included in any such agreement. But and I will be joined over the next sev- hold up progress in any area we can let’s come together here and now where eral minutes by Senators RUBIO, agree on simply to create a hostage to we have agreement—and we do on INHOFE, and HELLER, who share all of try to forge movement in these other these clinics. Let’s act for veterans as my concerns. areas. I have been coming to the floor pret- soon as we can, and we can right now In fact, in terms of that general prop- with regard to these clinics. ty relentlessly—because apparently osition, I think Senator SANDERS I urge us to adopt that positive, com- that is what is necessary—to talk agreed with me. Back on November 19 monsense approach: Act where we have about one specific priority with regard of 2013, Senator SANDERS adopted and agreement, immediately. Build con- to veterans in Louisiana; that is, mov- endorsed this approach with regard to sensus and continue to work on those ing—there is no good reason we can’t other matters. There was another set areas where there is continuing discus- move—on expanding outpatient clinics of work on other veterans issues, and sion, and act and build agreement and that are overdue in 27 locations and in issues were worked out so that a spe- build consensus as quickly as we can in 18 States, including 2 new expanded cific proposal could move forward by those other areas. I urge us to do that outpatient clinics in Louisiana, specifi- unanimous consent. Senator SANDERS as soon as we can, wherever we can, cally in Lafayette and Lake Charles. came to the floor and basically said: whenever we can, and that can start These clinics have been planned for, on Yes, let’s agree on what we can agree today—if Senator SANDERS will let us— the books, and paid for for several on. Let’s move forward with what we with regard to these 27 expanded out- years now. They are not being built, can move forward on. patient clinics in 18 States. they are not being moved into purely I am happy to tell you that I think I see Senator HELLER has joined us because of an administrative glitch at that was a concern of his. on the floor, and I will defer to him. I the VA that delayed the whole process He was speaking about another Sen- look forward to the comments of Sen- by a year. Then, in that intervening ator on this other veterans issue. ators RUBIO and INHOFE as well about year, a so-called new scoring issue We got that UC’d last night. So we moved the broader veteran and VA challenges came up on Capitol Hill at the CBO. We that pretty quickly, and I want to try to do as well as this specific clinics issue. have blown through all of that. We those things. Where we have agreement, let’s Thank you, Mr. President. have solved those problems, finally, move it. The PRESIDING OFFICER. The Sen- after a lot of delay. We have solved Senator SANDERS was urging us, par- ator from Nevada. those problems, and now there is abso- ticularly in the context of the overall Mr. HELLER. Mr. President, I first lutely no reason to not take up a bill VA scandal and VA mess: Let’s start wish to thank my good friend from that has been passed by the House, put acting. And where we have agreement, Louisiana for putting together a pro- a simple amendment on the bill and let’s move it. posal that would ultimately increase

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3413 veterans access to care. As does he, I member of this bipartisan working father. But she really wants to make believe our veterans are entitled to a group on the claims backlog. I am a co- sure that does not happen to any other VA system that provides them with the author of the bipartisan legislation he veteran’s family. She came to me services they were promised—not only helped spearhead, along with Senator pleading: Can you make sure they have promised but to receive them in a CASEY. It is another very good example taken the necessary steps to fix those timely manner. As my colleague from of a bipartisan consensus where we can problems in the New Orleans VA? Louisiana mentioned, I support his ef- act. We can move it. So let’s come to- So I have written to the VA and said: forts to authorize 27 VA clinics, and I gether and let’s act in a responsible, bi- I want to see the results of that inves- cannot understand why the Senate is partisan way, and let’s move it. That is tigation with regard to Richard Moity. not acting on this commonsense pro- what veterans want. That is what vet- You say you have taken corrective ac- posal. erans tell me all across Louisiana. tion? I want to understand exactly I would also like to thank my other That is what the veterans service orga- what that corrective action is. friends; for example, Senator RUBIO nizations are saying. Time is money? No. In this case, time from Florida, who is fighting to bring This crisis demands action. It de- can be lost lives—the life of Richard some sort of accountability to the VA. mands bipartisan action. This is an Moity, the lives of veterans in Arizona, His bipartisan, bicameral proposal is a area where we can act now and act ef- the lives of veterans around the coun- much needed step in the right direction fectively. We should. The clinics I try for whom inattention, delay, and to give the VA the tools to fire VA ex- spoke about are an area where we can lack of responsiveness in the VA sys- ecutives who are not doing their jobs. act now and act effectively in a bipar- tem meant lost lives. Unfortunately, after talking exten- tisan way. We should. So let’s not delay here in the Senate. sively with veterans in Nevada, I be- I also applaud Senator INHOFE, who Where we have agreement, let’s move, lieve these problems of management, of may be coming to the floor, for his let’s act. We have agreement on these accountability, and of efficiency ex- leadership on this clinics issue. We clinics. We have agreement on action tend well beyond the Veterans Health need to authorize those and move on to address the VA backlog Senator Administration. The Veterans Benefits with them and get that done. HELLER talked about. Let’s act. Let’s Administration continues to struggle I also thank Senator RUBIO, who will move because delay can lead to serious to eliminate the veterans disability be speaking later about the legislation consequences in health care, even the loss of life. claims backlog as it operates in what I he has that has already passed the I thank Senators INHOFE and RUBIO, consider to be a 1940s system here in House to give the leadership—the new leadership, thank goodness—of the VA who may be coming to the floor later the 21st century. There are more than to talk about these issues, for their de- the authority they need to take dra- 3,600 veterans in Nevada and nearly termined work. I look forward to mov- matic action when necessary, to clean 300,000 nationwide who are stuck in a ing on this issue. I look forward to Sen- VA disability claims backlog. My home house when necessary, and get people ator SANDERS hopefully reaching agree- in place who are going to make a dif- State of Nevada has the longest wait in ment on a broader set of proposals, in- ference in that broken bureaucracy. the Nation at 348 days for a claim to be cluding this clinics issue, in the very processed. So let’s act now, in a bipartisan way, where we can. Again, that is absolutely near future, and if not, I will be back What veterans need is for Congress to to the floor demanding action on these take action to reform a broken, out- possible in these areas, including these 27 outpatient clinics in 18 States, the 2 clinics within a few days. dated claims-processing system. That I yield the floor. is why Senator CASEY and I came to- in Louisiana that I discussed. The PRESIDING OFFICER (Mr. We have complete agreement in the gether a year ago to address this issue BROWN). The Senator from Vermont is Senate on the substance of these clin- with a targeted approach to fix the recognized. ics. We have legislation that has al- claims process. So here is what we in- (The remarks of Mr. LEAHY relating troduced. It is the ‘‘VA Backlog Work- ready passed the House. So please, Sen- to the introduction of S. 2428 are print- ator SANDERS, release your obstacle, ing Group March 2014 Report.’’ These ed in today’s RECORD under ‘‘State- solutions we are speaking about are in- release your blockade. Let’s move for- ments on Introduced Bills and Joint cluded in our 21st-century Veterans ward. Let’s agree where we can agree. Resolutions.’’) Benefit Delivery Act, which Senator Let’s act where we can act, here and Mr. LEAHY. Mr. President, I do not CASEY and I introduced in March. now, and continue to work on those see anybody seeking recognition, so I Our legislation addresses three main other vital areas where we also need suggest the absence of a quorum. areas of the claims process: submis- agreement. The PRESIDING OFFICER. The sion, VA regional office practices, and There is a common saying: Time is clerk will call the roll. the agency’s response to VA requests. I money. Well, in terms of what we are The legislative clerk proceeded to recognize that the claims process is talking about, time can be lost lives. call the roll. complex, and there is no silver bullet We have seen cases of that, docu- Mr. WHITEHOUSE. Mr. President, I that will solve this problem, but the mented cases of that with regard to ask unanimous consent that the order VA’s current efforts will not eliminate veterans who were waiting for so long for the quorum call be rescinded. this backlog. they died. Time in health care can be The PRESIDING OFFICER. Without I think my colleagues here today lost lives. objection, it is so ordered. would agree this is a bipartisan issue. This past week, as I traveled in Lou- CLIMATE CHANGE There isn’t a Member of the Senate isiana, I had a townhall meeting in Mr. WHITEHOUSE. Mr. President, I whose State is not impacted by the VA New Orleans, among other places, and am here for the 69th straight consecu- claims backlog. Yet this bipartisan leg- a New Orleans police officer—a female tive week that the Senate has been in islation remains in the backlog of bills police officer—came and told me about session to try to wake us up to the yet to be considered by the Senate. the case of her father who, because of a harm that carbon pollution causes to It is past time for Congress to give lack of attention and time lapsed in our oceans, to our communities, to our this issue the attention it deserves. the VA system, died, literally died di- ecosystem, and to our health. Congress needs to reform the VA and rectly related to that. Her name is The effects of climate change are all when doing so cannot ignore the prob- Gwen Moity Nolan, and although she around us, from melting glaciers in our lems that plague its benefits adminis- has lost her father, she wants to make national parks, to drought-stricken tration. sure that does not happen to any other land across the American Southwest, Thank you, Mr. President. veteran’s family, that what happened to rising seas along my eastern sea- With that, I yield the floor. to Richard Moity does not happen to board. In Washington, DC, the iconic The PRESIDING OFFICER. The Sen- others. Her case was looked at by the cherry blossoms are blooming earlier. ator from Louisiana. VA, and they admitted fault, they ad- Snook, native to South Florida, are Mr. VITTER. Mr. President, I wish to mitted negligence, and they actually being caught off the coast of Charles- applaud the work of the Senator from reached a substantial settlement with ton; tarpon and grouper off the coast of Nevada and echo his sentiments. I am a her over their lack of attention to her Rhode Island.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3414 CONGRESSIONAL RECORD — SENATE June 4, 2014 This is all happening now—not to- Texas, Iowa, Arizona, and the ground customers hundreds of billions of dol- morrow, not sometime in the distant zero of climate change in this country, lars and zap the U.S. economy of tens future but now—right now. Projections the State of Florida. The business com- of billions in GDP and hundreds of show that it will get much worse in the munity has weighed in. Over 125 com- thousands of jobs. coming years unless we wake up and panies including American giants like Do not believe it. These claims are take real action. Happily, this week, Nike, Levi’s, and Starbucks sent a let- exaggerated at best and flat out false the Environmental Protection Agency ter of support for the new rule. at worst. Do not just take my word for used its Clean Air Act authority as es- Our support is firmly grounded in eco- it. Republicans, citing the chamber’s tablished by Congress and affirmed by nomic reality. The new standards will rein- report—of course some of our col- the Supreme Court to propose carbon force what leading companies already know: leagues jumped to cite that report. pollution standards for the country’s climate change poses real financial risks and When they did, they earned a substantial economic opportunities and we existing powerplants. must act now. PolitiFact ‘‘false’’ and four Pinocchios Before this, there were no carbon pol- from the Washington Post fact check- VF Corporation is an American ap- lution limits—believe it or not—none. er. parel manufacturer in North Carolina As you can see on this chart, the 50 The problem with the big polluters is whose brands include North Face, dirtiest U.S. powerplants—this is the that they only look at one side of the Timberland, Wrangler, and many oth- whole U.S. powerplant fleet. These are ledger. They ignore the costs of carbon ers. ‘‘As a company that makes innova- the 50 dirtiest powerplants. They put pollution on the rest of us. These costs tive apparel and footwear for people out more carbon than Korea, which is a are real. People see them in their lives, who love the outdoors, we know how pretty industrialized country. They put in real lives at home in our commu- important addressing climate change is out more carbon than Canada, our nities—damage to coastal homes, to our consumers, and therefore, our neighbor to the north. roads, and businesses from rising seas I congratulate the administration on business,’’ said Letitia Webster, VF’s and erosion; asthma attacks in chil- developing these smart, sensible limits director of global sustainability. ‘‘To- dren triggered by smog, sending them that will put our Nation on a better day’s rules provide the long-term cer- to the emergency room; forests dying path economically and on a better path tainty that VF needs to continue to in- from beetle infestations and swept by environmentally. Thank you to the sci- vest in clean energy solutions so that unprecedented wildfire seasons; farms entists, the engineers, the staffers, the we can do our part to reduce the im- ravaged by worsened drought and attorneys, and the experts who in- pacts of climate change.’’ flooding. Our side of the ledger counts Major utilities are behind the new vested so much time and energy in de- too. rule. Tom King, the President of Na- veloping this historic standard. If the big polluters were accountants tional Grid, which serves my home Through an unprecedented public en- and they filed financial statements State of Rhode Island, said: gagement, EPA held more than 300 that only looked at one side of the The Obama administration, through the ledger, they would go to prison. But public meetings, working with stake- good work of EPA Administrator Gina holders of all kinds and all across the McCarthy and her staff has worked in a this is politics, so without consequence political spectrum. transparent manner to craft regulation that or shame or regret, they ignore the The result: EPA has put the States in promotes environmental and human health harm they cause the rest of us. the driver’s seat to come up with their through a host of clean energy options. If the Chamber of Commerce and the own plans to meet State-specific tar- Rather than picking winners, this proposed big polluters want to talk about jobs, gets. States and power companies will rule supports market-based solutions. let’s not forget about the jobs they have a wide variety of options to Major public health groups agree. hurt by their carbon pollution. Fisher- achieve carbon reductions, like boost- Here is what Harold Wimmer, national men in Rhode Island have seen their ing renewable energy, establishing en- president and CEO of the American winter flounder catch nearly disappear ergy savings targets, investing in effi- Lung Association had to say: ‘‘For the in recent decades as the water tem- ciency or joining one of the existing 147 million—nearly half of all Ameri- perature in our Narragansett Bay has cap-and-trade programs. States can de- cans—already living in areas with risen 3 to 4 degrees. That is an eco- velop plans that create jobs, plans that unhealthy levels of ozone or particle system shift for these species. cut electricity cost by boosting effi- pollution, curbing carbon pollution Actually, there are now more jobs in ciency, plans that achieve major pollu- emissions is a critical step forward for clean, green energy than in oil and gas, tion reduction. protecting public health from the im- more jobs in solar than in coal mining. What is not to like? Already, a di- pacts of climate change happening This rule is a job creator in innova- verse array of groups support the new today.’’ tion and clean energy. The polluters EPA pollution standard. The U.S. Con- As widespread and broad as the sup- just won’t count that side of the ledg- ference of Catholic Bishops in a letter port is for this rule, not everyone is ap- er. to Administrator McCarthy wrote: plauding. Big polluters have enjoyed a It is an old story: tobacco, seatbelts ‘‘These standards should protect the long and happy holiday from responsi- in cars, acid rain, lead paint, ozone de- health and welfare of all people, espe- bility for the carbon pollution they pletion, and more. Same old strategy: cially children, the elderly, as well as have dumped into our atmosphere and Muddle the science, manufacture poor and vulnerable communities, from oceans. This free pollution they have doubt, manufacture cost, exaggerate harmful pollution emitted from power enjoyed emitting is a market failure, a the costs, and ignore the economic ben- plants and from the impacts of climate market failure recognized even by efits. change.’’ groups as conservative as the American The Clean Air Act, according to a The Catholic bishops went on to Enterprise Institute—a market failure 2011 EPA assessment, will benefit point out that ‘‘the best evidence indi- which allowed these polluters to dump Americans more than it costs by a cates that power plants are the largest billions of dollars in costs and harm on ratio of 30 to 1, $30 of value in pre- stationary source of carbon emissions their fellow Americans. venting hospital visits and premature in the United States, and a major con- They did this to their fellow Ameri- deaths, avoiding missed work and tributor to climate change.’’ cans without apparent shame or regret, school days, improving environmental We are also hearing from 600 State and they are fighting desperately to quality, helping people live healthier, and local elected officials who recently preserve this loophole. They do not more productive lives—$30 of value to sent a letter to the President in sup- want you to know that we can achieve Americans for every $1 they had to pay port of the EPA plan. These are the these reductions responsibly. They do in cleanup costs. mayors, council members, and State not want you to know that we can do Opponents of clean air standards legislators for whom climate change is this and help our economy. Indeed, be- have been proven wrong time and a day-to-day reality at home right fore the proposed rule was even avail- again. Here is the bottom line: Exces- there in their communities. able to examine, the climate deniers at sive carbon pollution is bad for our The letter is signed by officials from the so-called U.S. Chamber of Com- health, bad for our environment, and both red States and blue, including merce said it would cost electricity bad for our economy, even bad for our

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3415 national security, if you read the De- Human Services. I am going to make Murray agreement that passed in Con- partment of Defense’s own Quadrennial some criticisms of her performance and gress that set these spending limits Defense Reviews. the background she lacks in taking on just a few weeks before, including, in The largest source of carbon pollu- this huge agency. that budget, a proposal to increase tion in the United States is power- I have met with her, worked with her spending by $56 billion over the budget plants. Until now there were no limits some as OMB Director. I like her, and next year. on the carbon pollution these plants she is courteous and capable, so I am As the ranking Republican on the could spew into our atmosphere and not talking personally in any bad way Budget Committee, I have been in- oceans. This week changes that. If the about her, but this is an important volved in this and observing it. To my big polluters don’t like the change, agency, one of the most important dismay, she went to enormous lengths many of us will work with them on a agencies in our Nation. The Secretary during her testimony before the com- legislative alternative. Perhaps as of Health and Human Services oversees mittee to try to conceal this increase many Republicans support an several of the largest programs in the in spending. It was very amazing to economywide price on carbon pollu- entire Federal Government. Crucially, me. tion, which could generate a financial the Secretary is also the person tasked On the day the President’s budget benefit for taxpayers and even provide with implementing the President’s was submitted, the Associated Press transition assistance to affected indus- health care law. It is essential that reported that the plan Ms. Burwell au- tries. But they can’t just keep dumping anyone who fills this position possess thored ‘‘lays waste to the spending their pollution on the rest of us. Doing great skill, relevant experience, proven caps that the White House and Con- so might be free for them, but the costs managerial experience, and who will gress agreed to late last year.’’ are too high for us. Their long holiday act with independence and in the best Also at the same time The Hill re- from responsibility has to come to an interests of the American public—one ported the budget this way—Obama’s end. It is time for them to wake up. who, at this critical time, puts country ‘‘$3.9T budget busts spending limits.’’ A number of my Republican col- over politics. They cannot be a polit- Remember, Ms. Burwell was the Di- leagues have come to the Senate floor ical loyalist, but they must be someone rector of Office of Management and to respond to the administration’s pro- of stature, integrity, and sound judg- Budget. Her staff produces the budget posal. Those of us seeking to stave off ment who is willing to tell the Presi- and defended the budget. the worst effects of climate change dent no if asked to circumvent the law, It goes on to say in the first para- welcome this opportunity to engage in provide false information, or otherwise graph the truth of the situation in The a bipartisan discussion on the chal- act against the public interest. Hill. The article is by Erik Wasson. lenges of climate change. From the President’s own perspec- President Obama on Tuesday released a In the past, Republican colleagues tive, he needs desperately someone who $3.9 trillion election-year budget blueprint have coauthored and voted for bipar- is able to evaluate these major pro- that would bust the bipartisan budget ceiling agreed to in December with $56 billion in new tisan climate change legislation. They grams such as ObamaCare with wisdom stimulus spending. have spoken out in favor of a carbon and tell him and help him—and par- This was 10 weeks after they had fee and, of course, our Republican col- ticularly tell the American people the agreed to one level of spending. She leagues represent States such as Flor- truth. walks in and produces a budget that is ida that are every bit at risk from the Ms. Burwell does not have the back- $700-, $800 billion almost more in spend- effects of climate change as States rep- ground one associates with a position ing over the budget of 10 years, and $56 resented by Democrats. So we think of this magnitude. She just does not. billion more the next year. our Republican colleagues could have a Nor does she possess the specific skills When I asked her about that, appar- lot to offer if they wish to join us in ex- critically needed today. The OMB of- ently it was politically sensitive. Ap- ploring solutions. fice she now holds has 500 employees. parently they had decided they didn’t A number of us have requested that HHS has 72,000. want to admit they were spending time after votes on Monday, June 9, Aside from her short tenure at the more money. The Associated Press next Monday, be reserved for us to en- Office of Management and Budget, says they did. Politico said they did. gage in a robust, bipartisan exchange which has just been 13 months, she is The budget they submitted that was in of views about carbon pollution. We in- just now beginning to find her way law—laid before the Budget Com- vite all our colleagues, Republican and around, presumably, that office. She mittee—plainly demonstrated it spent Democrats, to join us then on the floor. has never run any major department, more than they agreed to spend. We hope to find the Republican Party any major health care department, a I asked her about it. It went some- in the Senate is not a uniform mono- department or an agency, a major busi- thing like this. It was a very long ex- lith of climate denial. ness, a significant city, or a State. change. It was frustrating for me. I will We earnestly believe the costs of fail- There are many very capable people in quote from some of them, because I ing to exercise American leadership this country who would be much more think we need to understand these and solve this carbon pollution prob- ready to assume the august respon- issues. I asked her about the spending lem are very high, terribly high, with sibilities of this job. excess: ramifications for our health, safety, It appears her most significant economic well-being, our food and health care role prior to this was serv- Mr. SESSIONS. So you’re proposing that ing as a board member—part-time we alter Ryan-Murray [that is the law that water supplies, and our national secu- set new spending limits, allowed more spend- rity and standing. board member—of a local university ing than we previously agreed to, but it con- I look forward to a vigorous discus- medical center. tinued to set some limits] so you can spend sion on Monday. I hope my colleagues In fact, 2 months ago in a Budget $56 billion more next year alone. Yes or no; show up. Committee hearing, Ms. Burwell de- is that correct? I yield the floor and I suggest the ab- clined to answer a basic health care Ms. BURWELL. We propose a paid-for [ini- sence of a quorum. question until she said she would seek tiative] . . . Secretary Sebelius’s expertise on the Mr. SESSIONS. Can’t you answer that The PRESIDING OFFICER. The question simply? Yes or no? Do you propose clerk will call the roll. matter, but she never provided that an- to spend $56 billion more than Ryan-Murray The legislative clerk proceeded to swer anyway. allows? call the roll. Her time as Director of the Office of Ms. BURWELL. Senator, we do propose a Mr. SESSIONS. I ask unanimous con- Management and Budget was con- change in the law that would be fully paid sent that the order for the quorum call troversial. The budget plan she sub- for that would invest in things that we be- be rescinded. mitted to Congress plainly violated the lieve are necessary for the economic health The PRESIDING OFFICER. Without spending caps Congress and the Presi- of the nation. Mr. SESSIONS. Do you want to spend objection, it is so ordered. dent agreed to and passed into law. She more than the President agreed to when he Mr. SESSIONS. Today I would like to produced a budget plan that would in- signed the Ryan-Murray 10 weeks ago? discuss the nomination of Sylvia crease spending by nearly $791 billion Ms. BURWELL. Senator, we signed Ryan- Burwell to be Secretary of Health and over 10 years. That is above the Ryan- Murray . . .

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3416 CONGRESSIONAL RECORD — SENATE June 4, 2014 Mr. SESSIONS. Now, I’m just asking, yes lation after the Medicare trustees Regrettably, it seems Ms. Burwell or no; are you [spending] more or less? issued their funding warning. Medicare followed a consistent pattern. Rather Ms. BURWELL. Senator, I think there are is heading to financial ruin. The law than using OMB as the central agency some questions that are not simply yes or no questions . . . says that if Medicare reaches a point to reform this massive, out-of-control Mr. SESSIONS. This one is a yes or no where its future is financially in doubt, spending government, to stop wasteful question. You’re refusing to answer it . . . it must notify the President, and the spending and tame the debt—as former I simply asked a public servant who President, through his Office of Man- OMB Directors such as Mitch Daniels is paid by the taxpayers: Are you agement and Budget Director, is sup- and ROB PORTMAN did; now-Senator spending more money than the Ryan- posed to submit to Congress a plan to PORTMAN submitted a balanced budget Murray budget had agreed to and the get Medicare off the path to disaster. It when he was OMB Director under President signed? And she refused to was submitted to President Bush. He President Bush—she has not submitted answer. It was really frustrating. But I submitted a plan to Congress to fix any reforms to bring our government think it is indicative of the fact that Medicare. But this President has stead- under control in OMB. they were allowing politics to interject fastly refused to do so, and so did Mrs. One of the concerns I had about her itself here—because the White House Burwell as his Office of Management appointment was that it is such a crit- didn’t want to admit, and she stood up and Budget Director. ical part of our government, we have to It states that within 2 weeks of the for the White House and wouldn’t have a strong OMB Director to control budget submission, legislation must be admit it. But, as Politico says, it plain- this massive government and control sent to Congress to comply with this ly was true that they were spending wasteful spending. That is the Presi- so-called Medicare trigger. It requires dent’s right arm. That is the person more. a plan to fix the program. During her So rather than acting as an inde- who brings the Cabinet Secretaries in confirmation as OMB Director, she was pendent steward of taxpayer dollars to say: You are spending money. I hear asked about this duty she was going to complaints about waste. I hear about and simply telling the plain truth to a have, and she made a commitment to duplication. The President wants you simple question, she acted as an exten- respond and produce the Medicare trig- to fix this. sion of the President’s campaign arm— ger. Specifically, she said she would We saw none of that under her lead- advancing their spin without honestly ‘‘do everything in her power’’ to com- ership. Her tenure at OMB evidenced acknowledging the clear and plain ply with the Federal law, bringing an no drive to even tackle the magnitude facts to the American public asked by end, in effect, to the administration’s of our financial challenges. She pro- a representative of the people of the several-years-long defiance of plain posed to bust the spending caps that United States. There was no doubt that law. they spent more money than Ryan- As the President’s Budget Director, Congress and the President agreed Murray would allow, but they never ac- under 31 USC, 1105, Sylvia Burwell was while trying to suggest otherwise. She knowledged it because she politically the person responsible for complying ignored the Medicare trigger. She tried did not want to admit it. with the Federal law. Having willfully to put a positive spin on a dangerous fi- The Director of the Office of Manage- violated this requirement, it is ironic nancial plan instead of trying to actu- ment and Budget is more than a polit- now that, if confirmed as Health and ally solve the serious financial chal- ical position. The Director serves the Human Services Secretary, she will lenges facing our country today. President, yes, but it is at bottom an serve on the board of trustees of the With ObamaCare in chaos and dis- important public servant, and the per- Medicare trust fund, she will be respon- array, threatening the very economy son who holds that job must act as a sible for overseeing their finances, and and the health care of Americans by disciplined manager of taxpayers’ dol- she will be issuing to her former of- the millions, what we desperately need lars and do so with clarity and open- fice—OMB—the same funding warnings in this key position is someone who ness. The Director is managing the that the administration received and will be independent, forthright, and world’s largest budget. ignored while she served as budget di- honest, someone who will resist polit- However, Ms. Burwell submitted a fi- rector. ical pressure from the White House, nancial plan—a budget—that would Ms. Burwell has also violated law and and someone who knows what they are have increased spending more than $700 denied Congress needed transparency doing. This position demands that we billion above the current, agreed-upon, with respect to the President’s trou- find one of the best and most respected in-law budget levels while, amazingly, bled health care law. Specifically, the health care experts in the world. That suggesting her plan reduced spending. Omnibus appropriations bill signed is what we should be looking for. Ms. It was a tax-and-spend budget that into law in January required HHS to Burwell, as nice as she is, sadly, is just would have added $8 trillion to our debt include in its fiscal year 2015 budget a not that person. She does not have while doing virtually nothing to reform detailed accounting of spending to im- those skills. the entitlement programs heading for plement the health law. Fair enough. ObamaCare was passed into law on a impending insolvency. It completely But neither the budget Ms. Burwell de- series of egregious falsehoods. The busted the budget law the President livered nor the agency justification American people intuitively recognized signed. It was a grossly irresponsible that later joined it satisfied the re- that this was an overreach and would plan. quirements set in law. They should do not work, and the American people are According to Ms. Burwell’s own budg- that. They are public servants. They now paying the steepest of prices for et submission, the plan would have should tell us how to handle the prob- this complex, failed piece of legisla- caused interest payments on the debt lems of financing in health care law. tion. One of the falsehoods was that it to nearly quadruple, from $221 billion As OMB Director—the budget sub- would not add to the debt—not a dime, in interest paid last year alone to more mitted to the Congress by Ms. Burwell the President said. Well, we now know than $800 billion 10 years from now. So reclassified the budgetary treatment of it would add more than $6 trillion to this is really a serious matter. There is the ObamaCare risk corridor program the long-term debt of the United no attempt to balance the budget in without statutory authority to do so. States. That is a huge amount of her plan even over 10 years. Indeed, it Under this approach, it appears HHS money. flatly rejected the very idea of a bal- attempts to escape congressional ac- A Secretary of Health and Human anced budget. countability for its use of certain Services must tell the American people Additionally, despite her public com- funds. So this is a clear violation of the the truth about the law’s finances. If mitment during her confirmation that congressional power to appropriate they fail to do so, if the Secretary will she would deliver the budget in accord- money, and it is pretty clear that to not acknowledge the truth and the ance with the legal deadlines, the fund this program they are going to challenges that our finances face, then President’s budget was again delivered have to ask Congress to fund it. But by the entire future, financially, of Amer- more than a month late. moving this around, they are attempt- ica will be at risk. Importantly, Ms. Burwell failed to ing to spend money without asking So I believe Ms. Burwell is a good and comply with Federal law requiring her Congress to appropriate it—against the well-meaning person. Senators to submit Medicare improvement legis- Constitution. MANCHIN and ROCKEFELLER from West

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3417 Virginia like her, and Senator WYDEN related injuries, they often don’t have significant events to individual serv- of the Finance Committee and I like the necessary documents needed to es- icemembers that would later poten- her. But I cannot support her bid to tablish the connection between their tially lead to post-traumatic stress or control the health care future of mil- military service and their claim with to traumatic brain injury. Com- lions of hard-working Americans by the VA. That was the case for Mr. Pow- manders already report major injuries. placing her in charge of this massive ell. He told me last week: We want commanders to report about agency that so desperately needs ma- It was my job [after returning home] to individual servicemembers who were ture, aggressive, strong leadership— gather up any proof that I had to show that involved in any kind of a minor or ‘‘in- somebody who understands these issues my truck was hit by an IED and gather visible’’ head injury. before they take the job. I will vote no statements from people who were there to This was a big idea that came to me on her nomination as Secretary of corroborate my story. That is a task, if not from Michael Fairman. He visited a Health and Human Services. done immediately after the incident, that is number of Senate offices and House of- almost impossible to accomplish. I yield the floor. fices. Senator CORNYN showed interest The PRESIDING OFFICER. The sen- So 5 years, 6 years, 7 years later, Mr. in it. My office has written the legisla- ior Senator from Massachusetts is rec- Powell is back in Ohio trying to piece tion with Michael Fairman. This Na- ognized. together the series of head injuries he tion is rightfully proud of our veterans. (The remarks of Ms. WARREN per- sustained, what exactly happened, find- This idea came from a veteran. This taining to the introduction of S. 2432 ing witnesses, his unit commander, and idea deserves to be seriously enter- are printed in today’s RECORD under comrades to be able to prove to the VA tained by this Senate and, frankly, by ‘‘Statements on Introduced Bills and that his disability is earned and war- the Defense Department, if we can Joint Resolutions.’’) ranted and trying to explain to his doc- work with them, on finding ways to Ms. WARREN. I yield the floor. tor what his head injuries might have implement some of these ideas. The PRESIDING OFFICER (Mr. entailed. The burden is on the veteran 25TH ANNIVERSARY OF TIANANMEN SQUARE BLUMENTHAL). The Senator from Ohio. to provide the VA with information es- Mr. President, I rise to commemorate CONCERN FOR VETERANS tablishing the connection between an event that happened 25 years ago Mr. BROWN. Mr. President, during their claim and their service. This can today not just in Beijing, China, but in Memorial Day and last week, I spent lead to denied claims. It can lead to other places in China when millions of much of the time traveling Ohio with improper medical care. It increases the Michael Fairman, a retired Navy corps- people across that country, in disability claims backlog. Tiananmen Square and other places, man and a Columbus resident, who We are all concerned—even though served with the Marines in Afghanistan rallied in support of democracy, human the VA has shrunk that backlog by 50 rights, and an end to official corrup- from 2007 to 2011. His son Zack is a percent in the last year or so, we also third-generation Navy corpsman serv- tion. know that one of the reasons for the Like many Americans, I was in- ing with the Marine Corps First Tank backlog at the VA is it takes so much spired. At the time, I wasn’t a Member Battalion deployed in the Middle East. more time for the VA employee and the of Congress. Living in Ohio, I was in- Based on his own combat experiences soldier to try to piece together the and his concern for other veterans and spired by the courage and pursuit of in- record of injuries that might have dividual fundamental freedoms—free- the suicide of a friend, a fellow vet- taken place 5 years ago, a decade ago, eran, Mr. Fairman came to my office doms that we hold dear in this country a decade and a half ago. That is why I with an idea of how we can help both and sometimes take for granted, that introduced the Significant Event servicemembers and veterans—vet- are not always granted in other coun- Tracker Act, which Mr. Fairman erans like Alexander Powell, a student tries around the world. I recall the op- helped to create. This bill will improve at the University of Toledo who joined timism of that moment and how it was the claims process for veterans and us in Northwest Ohio. Mr. Powell was crushed when the tanks rolled in. servicemembers. Mr. Fairman visited a deployed in Iraq in 2006 when his gun Today we assess what the last 25 number of House and Senate offices. truck was struck by an IED. He had no years meant to the Chinese but also, The only one who responded was actu- physical or visible injuries. He went more importantly, to U.S.-China rela- ally Senator CORNYN’s office, from back to duty the next day, but he tions and what our policy should be. began experiencing blackouts and dizzy Texas. He and I have talked about this China has made tremendous leaps for- spells. It wasn’t until 2009 that he was bill, and we both understand how im- ward in the past 40 years since normal- diagnosed with a traumatic brain in- portant this can be to veterans. Let me ization, but following Tiananmen jury and hospitalized to begin treat- explain the bill. Square we have missed opportunity ment. First, it would allow unit com- after opportunity to integrate China Mr. Powell is not alone. The VA re- manders to document events, such as a into the global rule-based community ports that some 300,000 veterans strug- roadside bombing, that each service- of nations to protect our economic in- gle with post-traumatic stress. The De- member in their command is exposed terests and to move China in the right fense Department reports that out of to and which might later be connected direction on political reform. 300,000 TBI injuries, there are 25,000 to these ‘‘invisible injuries.’’ It is not an easy task, but 25 years cases of what they call mild traumatic Second, recording this information later China is still fundamentally un- brain injuries because mild TBI is an on an individual basis will help mili- democratic. It too often refuses to play invisible injury. Think of an NFL play- tary medical officers better diagnose by the rules—rules that would benefit er getting a concussion or a series of and treat military members who have China short term and long term. The concussions over a period of a career. mental health concerns. question now is whether China will ad- Think of a soldier getting what a num- Finally, for veterans and military re- dress the challenge facing it or will it ber of soldiers said to me—marines and tirees, this act will help them file bet- continue to take a more doctrinaire air men and women and soldiers and ter initial claims—claims with sup- and hardline stance, one that under- sailors talk about getting their ‘‘bell porting documentation from DOD. In mines the progress China has made rung’’ when they get a head injury. It other words, veterans should be able to and, because of China’s influence, could is an injury that is not serious enough focus on their recovery, not on having undermine the global system and re- for an NFL player to sit down, not seri- to prove the cause of their injury. gional stability. ous enough for a soldier to be sent Let me say that again. A soldier In many respects China has reaped home, perhaps not serious enough for a going to the VA in Dayton, OH, or Cin- the benefits of open trade with the rest soldier to get any medical treatment at cinnati or to a veterans clinic in Mans- of the world while avoiding many of its all, but one of a series of concussive field should be able to focus on her re- obligations. Our trade deficit with events of invisible or minor head inju- covery and not having to prove the China at the time of Tiananmen ries can lead to problems a number of cause of her injury. This bill puts the Square 25 years ago stood at $6 billion; years later. responsibility on the Army, on the Ma- that is, we bought from China $6 billion So when veterans or servicemembers rines, on the Defense Department, not in goods more than we sold to China. seek service-connected disabilities for on the veteran, to track and connect Last year it grew to 50 times that

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3418 CONGRESSIONAL RECORD — SENATE June 4, 2014 amount—$318 billion—the highest ever. I yield the floor. in his party? Well, it is no exaggeration That means almost every single day of The PRESIDING OFFICER. The Sen- to say this proposed amendment would the year on the average, every single ator from Texas. undermine American democracy as we day of the year, we buy from China $900 FREEDOM OF SPEECH know it, so there has to be some other million more in goods than we sell to Mr. CORNYN. Mr. President, in the reason other than the substance of the China. That trade deficit and China’s wake of some recent Supreme Court amendment they are trying to get at. currency manipulation has cost Ameri- decisions touching on our system of Lest we forget the whole purpose of cans millions of jobs and significantly campaign finance, there has arisen in the First Amendment is to ensure that reduced our Federal budget. the Senate, frankly, this bizarre notion all political speech—as a matter of fact I know what unbalanced, unfair, and that we are going to amend the Con- all speech, period—is protected from not playing on a level playing field stitution to undo the Bill of Rights, government interference, and that is trade with China has done to places and particularly the First Amendment why it is in the Bill of Rights, at the time our country was founded there such as Springfield, OH, Marion, OH, and its protection of the freedom of was a serious debate about whether we and Chillicothe and Lima, and my speech. needed an explicit Bill of Rights or hometown of Mansfield, and Ravenna, Of course, the proponents don’t de- whether the very structure of our gov- OH, all over my State, all over the scribe it that way. To hear the major- ernment with its checks and balances Midwest, all over the country. In the ity leader, who testified before the end, we compromised as a nation too and our shared power between the judi- Senate Judiciary Committee yester- cial, executive, and legislative much. We bought into the myth that day, he said: They are merely trying to China’s economic integration after branches would itself provide that pro- keep what he called dark money out of tection. But the Federalists said, no, Tiananmen Square would bring about American politics. we are not going to settle for that. We human rights and respect for the By giving Congress the ability to reg- want an explicit protection of those United States and international rules. ulate political speech and the means by rights that are not derived from gov- That is not what has happened. which that is paid for and dissemi- ernment but which precede govern- Through the commission I chair, the nated, this amendment would invite all ment—which don’t come from govern- Congressional Executive Commission manner of partisan mischief and abuses ment but come from our Creator. on China, we have tried to honor the and effectively dismantle one of the Under the logic used by the pro- memory of Tiananmen Square by mak- most fundamental liberties secured by ponents, the government should change ing sure that China’s obligations to- our Constitution which makes America this provision in the Bill of Rights that ward human rights and the rule of law the envy of the world, and in many has been the law of the land for more are not forgotten. ways unique in that we protect free- than 200 years and now start regulating The commission highlighted many dom of speech without regard to the how much money newspapers, maga- concerns: cyber theft threats to democ- content of the speech and without re- zines, and Web sites are allowed to racy in Hong Kong, illegal, unfair trade gard to the identity of the speaker, spend on articles concerning politics practices, denial of visas, or threats of whether they be rich, poor, or a mem- and public policy. After all, when denial of visas to foreign journalists, ber of the middle class. Whether that media outlets publish this information, food safety, environmental, and public opinion is informed or not necessarily they are using their financial advan- health concerns, a crackdown on well-informed, we believe in the mar- tage over ordinary citizens to be able human rights activists, including ketplace of ideas where the American to get their views out to the public. Ilham Tohti, a peaceful activist for the people are the only judge as to what And, of course, they are trying to per- Uyghur minority group in Tibet. they believe the truth is. We don’t try suade citizens and voters and trying to It is my hope we have an open and to stifle or squelch speakers, particu- affect political outcomes, both in transparent debate about our China larly in the political process. terms of public policy choices and elec- policy. Whether it be on trade agree- As our good friend the Republican tions. ments, where we continue to be on the leader said yesterday: The majority leader, if he were on short end every single year, or whether If incumbent politicians were in charge of the floor, might say: Well, we have a it is about growing Chinese foreign in- political speech, a majority could design the provision in here that we will not grant vestment in this country, this debate rules to benefit itself and diminish its oppo- Congress the power to abridge freedom must be given proper weight rather nents. And when roles reversed, you could of the press. If you could turn off and than ignoring our concerns over human expect a new majority to try to disadvantage on the money by which the press dis- rights, the rule of law, labor, public the other half of the country. And on it seminates its point of view, if you can would go. health, and the environment. regulate perhaps even to the point of Above all, the debate about U.S. pol- So this power the majority leader has zero on the part of political actors and icy toward China must include all seg- proposed in amending the Constitution their ability to disseminate their views ments of our society and not the way so Congress could regulate political in the public or influence voters before we typically do trade agreements in speech could be an instrument of in- the election, this carveout is effec- this country, supported by newspaper cumbent protection where the party in tively meaningless. publishers, economists at Harvard, but power could use that as a weapon It would most certainly grant Con- not fundamentally supported by the against the minority trying to per- gress the power to abridge the free American people and the public. suade the country that they should be speech of individuals and groups as dis- Our workers and small businesses restored to the majority rather than parate as the American Civil Liberties need to be included, NGOs and human linger as a minority. Union, the National Rifle Association, rights groups, instead of being led by Is this really the kind of system our and the Sierra Club, which obviously powerful interest groups such as large colleagues who are proposing this con- have different views but enjoy and are corporations. Debate needs to be inclu- stitutional amendment want? Well, entitled to the same freedom to speak sive and it needs to draw on the inter- you have to ask whether they have any their views and persuade people to ests and aspirations of all parts of realistic belief that this will actually their point of view as much as anybody American society. become law. And of course it would else. It would also grant Congress the More must be done as we honor 25 have to pass both Houses of the Con- power to abridge other freedoms in the years in the memory of Tiananmen gress by a two-thirds vote, and it would First Amendment, such as freedom of Square. The world must continue to have to be ratified by three-quarters of assembly and freedom to petition gov- seek improvements on China’s record the States. I don’t think it is an over- ernment for the redress of grievances, of human rights and the rule of law. statement to say they have no chance and it would allow State governments More must be done. Only by recog- of this becoming law. to ride roughshod even over freedom of nizing the legitimate aspirations of its Why in the world is such an out- the press. people and the obligations of the inter- landish proposal being made by some- You have to wonder why in the world national system can China assume the body such as the distinguished major- would intelligent, highly educated, ex- role to fit its history and its size. ity leader of the Senate and other folks perienced Senators—people who are

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3419 knowledgeable about all of the matters represent the bedrock of American de- their work careers without facing I have talked about—propose such a mocracy, and we will not agree to un- crushing debt payments all alone. wrongheaded idea and one they know dermine that, damage it, or otherwise This announcement was notable for will never become the law of the land? impair it on our watch. two reasons. The first is that it rep- Well, unfortunately, this is part of an I yield the floor. resents a visionary choice on the part effort to intimidate and stigmatize The PRESIDING OFFICER. The ma- of President Jeffrey Docking and the people from participating in the polit- jority leader. rest of Adrian’s leadership. I am grate- ical process. We know the majority Mr. REID. Mr. President, if my friend ful to them for showing the kind of leader comes out to the floor and talks from Wyoming wishes to speak, we will leadership that makes Adrian a proud daily about the Koch brothers, whom go through the process for 3 or 4 min- example of my State’s outstanding he happens to disagree with, and he utes, and we will put the Senator on higher education institutions. Adrian disagrees with their right and ability what we call automatic pilot if he has long been recognized not just for to participate in the political process cares to speak. the quality of its instruction, but for and to affect elections. He doesn’t talk Mr. BARRASSO. I will be less than 2 its efforts to make that education ac- about other political actors, such as or- minutes. cessible and affordable, and this is just the latest example of the school’s for- ganized labor, which has essentially UNANIMOUS CONSENT AGREEMENT—EXECUTIVE been carved out of the limitations on CALENDAR ward thinking. The second reason this announce- political contributions and political Mr. REID. Mr. President, I ask unan- ment was so notable is that it was so spending. He doesn’t talk about people imous consent that notwithstanding necessary. such as Tom Steyer, a former hedge rule XXII, on Thursday at 1:45 p.m., all fund manager who says he will spend As President Docking said in an- postcloture time be expired and the nouncing the program, ‘‘Student debt $100 million against anyone who sup- Senate proceed to vote on the con- ports the Keystone Pipeline or anyone load continues to be a national con- firmation of Calendar No. 798; further, cern.’’ That is surely the case. Accord- who opposes his views on climate that following the vote on that nomi- change. ing to the Project on Student Debt, nation, which is Burwell, the Senate nearly two-thirds of graduates from This cherry-picking in terms of try- proceed to the consideration of Cal- ing to intimidate people and to squelch Michigan colleges and universities endar No. 519, and the Senate proceed leave school with student debt. They political speech is pretty apparent. It to vote on the confirmation of the becomes apparent because obviously owe an average of more than $28,000. nomination; further, that if confirmed, The rising tide of student loan debt the majority leader is very worried the motions to reconsider be consid- about the upcoming midterm election threatens to overwhelm the financial ered made and laid upon the table with futures of these graduates before they and what might happen when we see no intervening action or debate; that the pushback from voters in the Senate can even get their working lives start- no further motions be in order to the ed. And the looming prospect of heavy races all across the country over the nominations; that any statements re- loan debt threatens to keep many last 5 years, and this great, huge lated to the nomination be printed in young people from even reaching a col- growth in government and its intru- the RECORD, and that the President be lege campus. siveness in their lives. immediately notified of the Senate’s Adrian College’s program will not Here is the bottom line: Free speech action. completely erase this problem, but it is is free speech, period. To quote a recent The PRESIDING OFFICER. Is there a good start. Likewise, no single piece Supreme Court decision: objection? of legislation will make college more There is no right more basic in our democ- Without objection, it is so ordered. affordable, increase access to education racy than the right to participate in electing Mr. REID. With this agreement, our political leaders. for middle-class families, or eliminate there will be two rollcall votes begin- the mountain of debt many students As they said, there is nothing more ning at 1:45. carry. But it is time for us to start tak- basic. Mr. President, we are moving this up ing some steps in the right direction. A As I mentioned a moment ago, because we have 10 or so Senators who number of Senators have introduced or thankfully the Founders were wise are going to the 70th anniversary of are working on student loan legisla- enough not only to give us the Bill of Normandy. tion, including legislation allowing Rights and our Constitution but to students to refinance their debt at make it very difficult to amend it in f lower interest rates. I believe the Sen- the first place, so we know the major- MORNING BUSINESS ate should take up, debate and pass ity leader’s amendment has no chance legislation to lighten the all-too-formi- of actually passing. Yet its mere intro- Mr. REID. Mr. President, I ask unan- dable load. We should explore other duction, the fact that a major political imous consent that we proceed to ways to ensure that college education party and a majority in the Senate ap- morning business with Senators being allowed to speak up to 10 minutes each. is indeed affordable to all. parently believes in shrinking the First Study after study shows that a col- Amendment in order to weaken their The PRESIDING OFFICER. Without objection, it is so ordered. lege education makes an enormous dif- political opponents, should be a cause ference in allowing Americans to pur- of broadspread concern in the country. f sue rewarding careers. But if we can People ought to ask the question: Why STUDENT LOAN not ensure that all Americans have ac- in the world would you propose to do cess to higher education, we shut off something as draconian and as dam- Mr. LEVIN. Mr. President, in the fall access to the American dream. We can- aging as that? of last year, Adrian College in Adrian, not let the disturbing trends in student Well, it is the kind of amendment we MI, made an announcement that re- debt and college costs continue would expect to see not in the greatest ceived national attention. Adrian, one unabated, and I hope that, inspired by deliberative body in the world, and cer- of the finest private liberal arts col- the Adrian College example, we will tainly not in the Senate, but maybe leges in America, made a promise to act to halt and reverse those trends. some banana republic or some country prospective students: Beginning this f that does not have our experience or fall, incoming students who graduate our foundation in constitutional self- from Adrian carrying student loan debt VOTE EXPLANATION government. Therefore, it is not mere- and are unable to find a job that pays Mr. UDALL of Colorado. Mr. Presi- ly enough to reject this amendment above a set income will be eligible for dent, due to unavoidable family com- and then quickly move on to some- support from the college to pay part or mitments, I was unable to cast votes thing else. We need to send a clear, un- all of that student’s loan payments. relative to rollcall vote Nos. 164 ambiguous message that the Bill of The program, known as AdrianPlus, through 170 on Monday, June 2, and Rights is not up for debate. We need to will ensure that students who are not Tuesday, June 3, 2014. Had I been send a clear, unambiguous message able to find good-paying jobs after present, I would have voted yea in each that our First Amendment freedoms graduation will still be able to begin instance.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3420 CONGRESSIONAL RECORD — SENATE June 4, 2014 MASTROIANNI CONFIRMATION the Senate last year, and his confirma- closed. Doing so would undermine the Ms. WARREN. Mr. President, earlier tion will significantly improve the ad- institutional prerogatives of the Sen- today, the Senate confirmed Mark ministration of justice in Western Mas- ate. Mastroianni to fill a judicial vacancy sachusetts. When we only partially carry out our in Western Massachusetts on the Dis- I am proud to have recommended constitutional duties to check and bal- trict Court for the District of Massa- Mark Mastroianni to President Obama. ance the other branches, we alone are chusetts. He is an independent-minded district to blame for the continued accumula- Mr. Mastroianni came highly rec- attorney whose diverse litigation expe- tion of power in the executive, where ommended by the Advisory Committee riences, both as a top prosecutor and as unelected bureaucrats are not always on Massachusetts Judicial Nomina- a top defense attorney, will enrich the as wise or as impartial as their pro- tions. The advisory committee is com- Federal bench in Massachusetts. I have ponents claim them to be. prised of distinguished members of the no doubt that he will have a long and The unprecedented accumulation of Massachusetts legal community, in- distinguished career as a member of power in the executive today is a de- cluding prominent academics and liti- the judiciary. monstrable fact. But it remains an gators, and is chaired by former Massa- ∑ Mr. LEE. Mr. President, on April 11 open question whether we in Congress chusetts district court judge Nancy of this year President Obama nomi- care enough to do anything about it. Gertner. Their recommendation re- nated Sylvia Burwell to be the new At this point, there is good reason for flects the strong sense of the Massa- Secretary of the Department of Health pessimism—if the kind of acquiescence chusetts legal community—and in par- and Human Services—HHS—a position demonstrated in this confirmation ticular the legal community of West- that was vacated that same day by process is any indication. ern Massachusetts—that he will make former Secretary Kathleen Sebelius. But I remain optimistic, because I an excellent district court judge. Article II, Section 3, Clause 2 of the know that the American people still Mr. Mastroianni is a true son of United States Constitution grants the get it. Outside the beltway, Americans Western Massachusetts—born in President, as the chief executive, ple- still instinctively understand the uni- Springfield and a lifelong resident of nary power to nominate members of versal truth articulated by James Hampden County. Prior to his con- his cabinet. But that same clause re- Madison, the father of the Constitu- firmation, he served as the elected dis- serves the power of appointment—that tion, over 200 years ago—that ‘‘The ac- trict attorney for Hampden County—a is, the power to accept or reject the cumulation of all powers, legislative, position he has held since 2011. He nominee—exclusively to the Senate. executive, and judiciary, in the same graduated with honors from the Amer- The Constitution explains this hands, whether of one, a few, or many, ican International College in Spring- unique division of power as follows: the and whether hereditary, self-appointed, field, MA and went on to earn his law President ‘‘shall nominate, and’’—this or elective, may justly be pronounced degree from Western New England Col- is important—‘‘by and with the Advice the very definition of tyranny.’’ lege School of Law—also in Spring- and Consent of the Senate, shall ap- This is precisely the type of accumu- field, MA. point Ambassadors, other public Min- lated power possessed by executive de- Mr. Mastroianni began his career in isters and Consuls, Judges of the su- partments such as HHS. the Hampden County district attor- preme Court, and all other officers of This power cannot be curtailed or ney’s office. He served there as an as- the United States.’’ dispersed overnight. But it will con- sistant district attorney for over 5 Far from a perfunctory practice, the tinue to expand inexorably toward tyr- years, gaining prosecutorial experience responsibility to review the fitness of anny unless Members of Congress—ex- in a wide variety of district and supe- presidential nominees is one of the es- ercising our powers as officers of a sep- rior court matters. He then moved into sential mechanisms in our Constitu- arate and coequal branch of govern- private practice, where he built a sig- tion’s system of checks and balances. ment—don’t push back. nificant career as a defense attorney And for the Members of this body We can begin by subjecting this nom- representing clients in criminal and who took an oath to ‘‘support and de- ination to the close scrutiny it de- civil matters. Over the course of 16 fend’’ the Constitution, this is one of serves. years, he represented clients in mat- the most solemn duties incumbent The first thing we must recognize is ters before the Massachusetts State upon those occupying the office of that this is not the average presi- trial courts and appeals courts, as well United States Senator. dential nomination. We are not talking as the district court to which he has I urge my fellow Senators to demand about the next secretary of the Depart- been nominated. that prior to confirmation Ms. Burwell ment of Motor Vehicles. Quite the op- In November 2010, Mastroianni ran as provide concrete, specific, and forth- posite: Ms. Burwell has been nominated an independent and was successfully right answers—in writing—to the ques- to preside over one of the largest and elected to serve as the district attor- tions that have been asked of her by most important departments in the ney for Hampden County in the west- Members of this body. Federal Government. No matter who ern part of Massachusetts—a position I refuse to sit idly by and witness the the nominee, this is a job that should that returned him to lead the office same Washington charade in which be filled with caution and circumspec- where he began his career. As district stated commitments to transparency tion. attorney, he was responsible for man- are more important than actual dem- By way of illustration, the HHS Sec- aging the prosecution of all cases in onstrations of candor. retary oversees an annual operating the 23 cities and towns that make up If we do not insist that Ms. Burwell’s budget of about $1 trillion—that is Hampden County. appointment be contingent upon the nearly 25 percent of all Federal spend- Aside from the impressive qualifica- transparency of her confirmation proc- ing—as well as 11 separate operating tions of this candidate, the fact of ess, we will have established a dan- divisions, including the very important Mark’s nomination is particularly im- gerous precedent for the future of this Centers for Medicare and Medicaid portant because the seat he has been body. Services—CMS—and the Food and Drug nominated to fill has been vacant for Let’s not forget: much of the author- Administration—FDA. far too long—since U.S. District Court ity that resides in HHS ultimately de- Moreover, the next HHS Secretary is Judge Ponsor took senior status in rives from the delegation of authority going to assume the helm of an execu- 2011. The vacancy has strained the Fed- from Congress. And whenever Congress tive leviathan in the midst of imple- eral judicial system in Western Massa- delegates power to the executive menting the Patient Protection and chusetts, causing cases to be post- branch, we do so based on the premise Affordable Care Act. Obamacare is not poned, forcing judges from Boston to that we retain the power of oversight. only the most complex—and controver- travel to Springfield to hold hearings, Therefore, we cannot, in good faith, sial—law in recent memory, but it del- and impeding the ability of citizens to hand over the reins of one of the most egates an unprecedented amount of au- get their day in court. Filling this va- important executive departments at a thority to the HHS Secretary. cancy as quickly as possible has been a time when questions remain unan- Often this delegation comes in the top priority for me since I arrived in swered and information is still undis- form of sweeping, open-ended grants of

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3421 power that give the Secretary discre- At issue here is whether or not this that American democracy had the tion to shape and reshape the law. Like institution still believes in the reason right attributes needed to avoid de- an unending series of blank checks to our Constitution divides power in the scending to these depths. the bureaucracy, Obamacare contains first place. Do we still believe, as Madi- Chief among these attributes were 700 instances of the ultimate carte son said, that ‘‘power is of an encroach- our constitutional structures that di- blanche—‘‘The Secretary shall . . .’’— ing nature, and that it ought to be ef- vided power and, more importantly, to give the Secretary wide latitude to fectually restrained from passing the the spiritedness, courage, and love of ‘‘develop standards,’’ ‘‘award grants,’’ limits assigned to it’’? freedom that animated the American ‘‘establish committees,’’ ‘‘make adjust- If we do, then we must employ the people and transformed the mere ments,’’ etc. tools at our disposal to assert our in- ‘‘parchment barriers’’ of the Constitu- This kind of massive delegation of stitutional prerogatives. Doing so will tion into true limits on governmental authority is justified—especially by demonstrate to the other branches that power. those who see it as a convenient way to the power of government is not simply It is precisely this spirit of freedom avoid the difficulties of lawmaking—on up for grabs. that the Senate must recover if we are the theory that Congress will retain Here again Madison’s insights are in- going to fulfill our constitutional obli- and exercise some degree of oversight. structive: in the famous Federalist 51, gations in this confirmation process. And it is true that both chambers of he says, ‘‘the great security against a Once we recognize the need to assert Congress have the ability to hold hear- gradual concentration of the several and defend our interests as a separate ings in which we subpoena executive powers in the same department, con- and coequal branch of the government, officials to testify and answer ques- sists in giving to those who administer we will begin to focus on what is really tions about laws, rules, and regulations each department the necessary con- at stake in our consideration of this under their jurisdiction. But as we stitutional means and personal motives nominee. have seen over the past few years with to resist encroachments of the others. The main issue here is not Ms. the implementation of Obamacare, this [. . .] Ambition must be made to coun- Burwell’s character or credentials— power is significantly impeded if those teract ambition. The interest of the both of which are first-rate—but executive officials refuse to answer our man must be connected with the con- whether or not her appointment will questions. stitutional rights of the place.’’ improve or further deteriorate the leg- These facts raise the central question But if we disagree with Madison islature’s oversight over the executive that ought to guide the Senate’s con- about the encroaching nature of power departments to which Congress has del- sideration of Ms. Burwell’s nomina- . . . if we are undisturbed by the great egated vast amounts of authority. tion—namely, how will Ms. Burwell ex- accumulation of power in the executive The question is not whether Ms. ercise the expansive authority dele- branch, which predates and will outlive Burwell deserves to be HHS Secretary, ` gated to HHS vis-a-vis the powers and Obama’s presidency . . . if we prefer to but whether the HHS, under Ms. responsibilities of Congress? elevate policy preference and party al- Burwell’s management, will continue Much of the job of the next HHS Sec- legiance over love of liberty and the in the pattern of obstinate autonomy retary will be to facilitate Congres- constitutional rights of Congress . . . and limited cooperation established sional oversight of the Department, es- then we must not be surprised when— under her predecessor. pecially in its implementation of not if—our government takes on the If the answer is no, we cannot pos- Obamacare. Therefore, the Senate’s de- character and the spirit of tyranny. sibly vote to confirm this nominee.∑ cision should be contingent upon Ms. Let me be clear: the kind of tyranny Burwell’s record of engaging with Con- f that threatens us is not of the Saddam gress. IN REMEMBRANCE OF D-DAY Sadly, Ms. Burwell’s tenure as the Hussein or Bashar al-Assad variety. Mr. HELLER. Mr. President, I wish Director of the Office of Management The tyrannies of Saddam’s Iraq and, to remember and honor the brave Ne- and Budget, as well as her performance today, Assad’s Syria are barbarous, vadans and all Americans who risked in the Senate committee confirmation murderous dictatorships that extin- their lives defending our liberty on the hearings, gives me concern that she guish every semblance of freedom and beaches of Normandy, France 70 years will continue in the pattern of obfusca- maintain their power through violence ago. The sacrifices our brave soldiers tion and evasion established by out- and brutality. made on this day set America and the going Secretary Kathleen Sebelius. What I am talking about is the kind I therefore respectfully submit that of soft despotism that arises when world on a path to peace, freedom, and we should proceed cautiously in consid- power is consolidated under the aus- liberty that all Americans enjoy today. eration of this nominee. More cau- pices of a paternal, benevolent govern- At dawn on June 6, 1944, the Allied tiously, indeed, than we have up to this ment. powers stormed the beaches of Nor- point. At the end of his study of democracy mandy and started their march across For over the past 6 weeks, since the in 19th-century America, Alexis de Europe to defeat Hitler. It was one of President nominated Ms. Burwell, Tocqueville explained how this kind of the most important days in American many in this body have neglected our tyranny could emerge within a demo- history and one the biggest tests our end of the constitutional division of cratic republic such as ours. Standing Nation has ever faced. What is known power—preferring to act as if Ms. as a kind of warning for us today, as D-day marked the beginning of the Burwell’s appointment was a fait Tocqueville envisioned ‘‘an immense demise of one of the worst enemies accompli. and tutelary power’’ that ‘‘extends its that the United States has ever had to This state of affairs is troubling—and arms over society as a whole,’’ cov- face. The brave men that stormed not simply because questions remain ering it ‘‘with a network of small, com- Omaha Beach that day sacrificed their unanswered, and information undis- plicated, painstaking, uniform rules lives, their ambitions, and their rela- closed, about Obamacare. The problem through which the most original minds tionships with loved ones to liberate is more fundamental than any one law. and the most vigorous souls cannot those who were enslaved by the Nazis. The Senate’s reluctance to protest clear a way to surpass the crowd.’’ It Their courage demonstrated that against the equivocation and distortion does not ‘‘break wills,’’ he said, ‘‘but it America would not sit idly by as coun- seen in this confirmation process un- softens them, bends them, and directs tries across the Atlantic suffered, re- dermines the separation of powers and them; it rarely forces one to act’’— affirming America’s belief that viola- the system of checks and balances even Tocqueville didn’t foresee the in- tions of basic human rights will not be upon which our constitutional order dividual mandate—‘‘but it constantly tolerated. Their unwavering service is depends. opposes itself to one’s acting; it does what has made this country so great Respecting and upholding these prin- not destroy, it prevents things from and a beacon of democracy. These men ciples of our Constitution is not a mat- being born.’’ believed that freedom was worth fight- ter of adhering to some arcane for- This is certainly a dark image. But ing for and that reflects what is most mality or following some outdated tra- we cannot forget that Tocqueville was inspiring about the United States of dition of the 18th century. bullish about America. He believed America.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3422 CONGRESSIONAL RECORD — SENATE June 4, 2014 It is an honor to be able to com- ADDITIONAL STATEMENTS a meaningful civilian life, including 4 memorate this day on behalf of my fel- years with Coca-Cola USA. He is cur- low Nevadans as we remember those rently managing director and inde- who made the ultimate sacrifice and TRIBUTE TO COMMANDER ROBERT pendent marketing associate of Ignite/ died to defend freedom. Our soldiers’ ADAMS HATCH Stream Energy, a funeral attendant commitment to this country, as well as ∑ Mr. ISAKSON. Mr. President, I wish with Service Corps International in At- their dedication to their families and to honor CDR Robert Adams Hatch, lanta, and an actor participating in communities, exemplified why the leg- who retired from the U.S. Navy on movies and television shows filming in acy of all World War II veterans must June 1, 2014, after more than 28 years of Georgia. be preserved for generations to come. honorable service. Commander Hatch’s military decora- These heroes truly are the ‘‘greatest Commander Hatch is a supply corps/ tions include the Defense Meritorious generation’’—selflessly serving not for logistics officer 3105 and retired fol- Service Medal, four Joint Service Com- recognition, but because it was the lowing his final assignment in Vol- mendation Medals, Navy Commenda- right thing to do. As a member of the untary Training Unit 6767 Atlanta at tion Medal, six Joint Meritorious Unit Senate Veterans’ Affairs Committee, I the Navy Operational Support Center Awards, Navy Meritorious Unit Com- recognize that Congress has a responsi- at Dobbins Air Reserve Base in Mari- mendation, two National Defense Serv- bility not only to honor these brave in- etta, GA. Prior to his service at Dob- ice Medals, Armed Forces Expedi- dividuals, but to ensure they are cared bins ARB, he most recently completed tionary Medal, Global War on Ter- a 3-year assignment in Joint Oper- for after their return home. I remain rorism Service Medal, Sea Service De- ations with Navy Reserve Joint Staff committed to upholding this promise ployment Ribbon, nine Navy & Marine South in Suffolk, VA, supporting the for our veterans and servicemembers in Corps Overseas Service Ribbons, Armed Joint Chiefs of Staff. Additionally, he Nevada and throughout the Nation. Forces Reserve Medal and a Navy Pis- I ask that we remember the Ameri- was commanding officer of the 50-mem- tol Marksmanship Medal. cans who stood against tyranny and ber Operational Support Unit 0867 in I send my great thanks to Com- persevered. The brave men and women Atlanta, GA, from May 2007 through mander Hatch for his extensive meri- who risked everything to come to the April 2009. torious service to our proud nation, aid of others deserve our respect and From 1994 to 2003, Commander Hatch and I thank and congratulate his fam- appreciation, and I am both humbled spent much of his career overseas with the Joint Contact Team Program mili- ily and friends for supporting his serv- and honored to recognize them here ∑ today. May we never forget the brave tary-to-military contacts program in ice to the United States of America. actions by these heroes that allowed Eastern Europe as part of the Chair- f man of the Joint Chiefs of Staff initia- the Allied troops to defeat tyranny. ROSLYN, SOUTH DAKOTA f tive established in 1992 to illustrate the standard of U.S.-style military under ∑ Mr. JOHNSON of South Dakota. Mr. THANKING SENATE PAGES civilian control, and to promote peace, President, I wish to recognize the 100th Ms. HEITKAMP. Mr. President, I stability, military professionalism and anniversary of Roslyn, SD. Since its want to express my gratitude to the closer ties to NATO for former Com- founding in 1914 the city has flourished Senate pages that have served the Sen- munist countries in Eastern Europe. from its humble pioneer origins to a vi- ate these past few months. The job of a He served on the Military Liaison brant South Dakota community. The Senate page is very important to the Team, living and working in Albania people of Roslyn will be celebrating operations of the Senate and it comes under arduous conditions from 1994 to their centennial anniversary the week- with many responsibilities. These 1998, and was twice evacuated from Al- end of June 20–22. young high school students dedicate bania in March 1997 and August 1998. Named by the area’s first postmaster their time and talents to serve the Sen- After the second evacuation in 1998, after his native city in Scotland, the ate and help us carry out our duties then-Lieutenant Commander Hatch township was moved from Old Roslyn while at the same time attending class- worked at Headquarters, United States to its current location alongside the es. I am grateful for the hard work European Command/ECJ5–J, as joint Soo Railroad. In 1914 on the same day they do each day to help make the Sen- contact team program desk officer for that Roslyn’s lots were first sold at ate run smoothly and efficiently. Their Poland, Ukraine, Georgia, Moldova, Ar- public auction, a troupe of entertainers willingness to serve their country and menia and Azerbaijan. He returned to performed for the community, setting this body is deeply appreciated. the United States in 2003. a lively foundation for the city. I want to express my personal thanks Commander Hatch is also a key team Residents of Roslyn will start off the to each one of these pages: Olivia Alva- leader on the Atlanta Funeral Honors centennial celebration with an antique rado, Alaska; Alexis Berry, Michigan; Team, having conducted more than 450 tractor run. The weekend will continue Peyton Cuzzart, Kentucky; Cally Navy, Coast Guard, and joint military with musical concerts, a 5k walk/run, Decherd, Texas; Jim Devers, Okla- funerals for Reserve and Active Duty and many other activities. On Sunday, homa; Sonja France, Montana; Seth veterans since 2008. the festival will wrap up with a non-de- Glidewell, Alabama; Cole George, Alas- Born in Abington, PA, Commander nominational service and a string band ka; Ammishaddai Grand-Jean, Georgia; Hatch moved in 1972 to Atlanta, GA, performance by Threshing Bee. Brandon Greene, Rhode Island; Susie and grew up in that great city. His fa- Small towns like Roslyn embody Hawthorne, Montana; Jack Hostager, ther, CAPT James C. Hatch, served in what it means to be a South Dakotan Iowa; Ashton Hunter, Nevada; Kathryn the U.S. Navy Supply Corps, and was a community. I am pleased to recognize Jason, Alabama; Isaac Karlan-Mason, classmate of President Jimmy Carter the achievements of Roslyn and to Vermont; Bowie Lam, Maine; Jason at the Naval Academy. His father re- offer my congratulations to the resi- Lin, Hawaii; Layton Little, Mississippi; tired after dedicating 26 years of active dents of the town on this historic mile- Dorothea Mosman, Oregon; Jody service, including World War II, and in stone.∑ Ostrander, Nevada; Lucas Reed, Ken- the Korea and Vietnam wars. Fol- tucky; Michael Regard, Kentucky; lowing his retirement, I had the pleas- f Riley Sanborn, Virginia; Grace Schaub, ure of working with Jim Hatch at MESSAGES FROM THE PRESIDENT Pennsylvania; Adele Schenk, Illinois; Northside Realty. And the family’s Jordan Shub, Pennsylvania; Madeline Georgia credentials don’t stop there. Messages from the President of the Toy, Tennessee; Colton Williams, Utah; Captain Jim Hatch’s brother, Edwin I. United States were communicated to and Miriam Young, Connecticut. Hatch, was president of Georgia Power the Senate by Mr. Pate, one of his sec- I am so very proud of each and every Company, and the Edwin I. Hatch Nu- retaries. one of them and commend them for clear Plant, located near Baxley, GA, f their dedication and commitment. I, was duly named in tribute to his lead- along with the entire Senate, wish ership. EXECUTIVE MESSAGES REFERRED them all the best in their future en- In addition to his distinguished mili- As in executive session the Presiding deavors. tary career, CDR Robert Hatch has had Officer laid before the Senate messages

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3423 from the President of the United report of a rule entitled ‘‘Energy Conserva- erans Affairs, transmitting, pursuant to law, States submitting sundry nominations tion Program: Energy Conservation Stand- the report of a rule entitled ‘‘Copayment for which were referred to the appropriate ards for Commercial and Industrial Electric Medications in 2014’’ (RIN2900–AO91) received committees. Motors’’ (RIN1904–AC28) received during ad- during adjournment of the Senate in the Of- journment of the Senate in the Office of the fice of the President of the Senate on May 27, (The messages received today are President of the Senate on May 30, 2014; to 2014; to the Committee on Veterans’ Affairs. printed at the end of the Senate pro- the Committee on Energy and Natural Re- EC–5933. A communication from the Chief ceedings.) sources. of the Publications and Regulations Branch, f EC–5925. A communication from the Chair- Internal Revenue Service, Department of the man, Nuclear Regulatory Commission, trans- Treasury, transmitting, pursuant to law, the MEASURES PLACED ON THE mitting, pursuant to law, a semiannual re- report of a rule entitled ‘‘Accelerated Cost CALENDAR port relative to the status of the Commis- Recovery System’’ (Rev. Rul. 2014–17) re- sion’s licensing activities and regulatory du- ceived during adjournment of the Senate in The following bill was read the sec- ties; to the Committee on Environment and the Office of the President of the Senate on ond time, and placed on the calendar: Public Works. May 27, 2014; to the Committee on Finance. S. 2422. A bill to improve the access of vet- EC–5926. A communication from the Acting EC–5934. A communication from the Chief erans to medical services from the Depart- Director of Congressional Affairs, Nuclear of the Publications and Regulations Branch, ment of Veterans Affairs, and for other pur- Regulatory Commission, transmitting, pur- Internal Revenue Service, Department of the poses. suant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the ‘‘Preheat and Interpass Temperature Control report of a rule entitled ‘‘Determination of f for the Welding of Low-Alloy Steel for Use in Issue Price in the Case of Certain Debt In- MEASURES READ THE FIRST TIME Fuel Reprocessing Plans and in Plutonium struments Issued for Property’’ (Rev. Rul. Processing and Fuel Fabrication Plants’’ 2014–16) received during adjournment of the The following bill was read the first (Regulatory Guide 3.29) received in the Office Senate in the Office of the President of the time: of the President of the Senate on June 2, Senate on May 27, 2014; to the Committee on S. 2432. A bill to amend the Higher Edu- 2014; to the Committee on Environment and Finance. cation Act of 1965 to provide for the refi- Public Works. EC–5935. A communication from the Chair- nancing of certain Federal student loans, EC–5927. A communication from the Acting man of the Joint Chiefs of Staff, transmit- and for other purposes. Director of Congressional Affairs, Nuclear ting, pursuant to law, a report relative to Regulatory Commission, transmitting, pur- the ‘‘2014 Report to Congress on Vulner- f suant to law, the report of a rule entitled ability Assessments for Fiscal Year 2013’’ EXECUTIVE AND OTHER ‘‘NRC Acquisition of Supplies and Services’’ (OSS–2014–0741); to the Committee on Armed COMMUNICATIONS (Management Directive 11.1) received in the Services. Office of the President of the Senate on June EC–5936. A communication from the Direc- The following communications were 2, 2014; to the Committee on Environment tor of the Regulatory Management Division, laid before the Senate, together with and Public Works. Environmental Protection Agency, transmit- accompanying papers, reports, and doc- EC–5928. A communication from the Ad- ting, pursuant to law, the report of a rule en- uments, and were referred as indicated: ministrator, Rural Business-Cooperative titled ‘‘Approval and Promulgation of Imple- Service, Department of Agriculture, trans- mentation Plans; Carbon Monoxide Mainte- EC–5918. A communication from the Ad- mitting, pursuant to law, the report of a rule nance Plan, Conformity Budgets, Emissions ministrator of the General Services Adminis- entitled ‘‘Intermediary Relending Program’’ Inventories; State of New York’’ (FRL No. tration, transmitting, pursuant to law, the (RIN0570–AA86) received during adjournment 9911–56–Region 2) received during adjourn- Administrator’s Semiannual Management of the Senate in the Office of the President ment of the Senate in the Office of the Presi- Report to Congress for the period from Octo- of the Senate on May 28, 2014; to the Com- dent of the Senate on May 30, 2014; to the ber 1, 2013 through March 31, 2014; to the mittee on Agriculture, Nutrition, and For- Committee on Environment and Public Committee on Homeland Security and Gov- estry. Works. ernmental Affairs. EC–5929. A communication from the Asso- EC–5937. A communication from the Direc- EC–5919. A communication from the Chief ciate Administrator of the Fruit and Vege- tor of the Regulatory Management Division, of the Publications and Regulations Branch, table Programs, Agricultural Marketing Environmental Protection Agency, transmit- Internal Revenue Service, Department of the Service, Department of Agriculture, trans- ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule titled ‘‘Approval and Promulgation of Imple- report of a rule entitled ‘‘Further Guidance entitled ‘‘Marketing Order Regulating the mentation Plans; Texas; Revisions for Per- on the Implementation of FATCA and Re- Handling of Spearmint Oil Produced in the mitting of Particulate Matter with Diame- lated Withholding Provisions’’ (Notice 2014– Far West; Salable Quantities and Allotment ters Less Than or Equal to 2.5 Micrometers 33) received in the Office of the President of Percentages for the 2014–2015 Marketing (PM2.5)’’ (FRL No. 9909–35–Region 6) received the Senate on June 2, 2014; to the Committee Year’’ (Docket No. AMS–FV–13–0087; FV14– during adjournment of the Senate in the Of- on Finance. 985–1 FR) received during adjournment of the fice of the President of the Senate on May 30, EC–5920. A communication from the Sec- Senate in the Office of the President of the 2014; to the Committee on Environment and retary of Health and Human Services, trans- Senate on May 27, 2014; to the Committee on Public Works. mitting, pursuant to law, a report entitled Agriculture, Nutrition, and Forestry. EC–5938. A communication from the Assist- ‘‘HHS Secretary’s Efforts to Improve Chil- EC–5930. A communication from the Asso- ant Secretary, Legislative Affairs, Depart- dren’s Health Care Quality in Medicaid and ciate Administrator of the Cotton and To- ment of State, transmitting, pursuant to CHIP’’; to the Committee on Finance. bacco Programs, Agricultural Marketing law, the report of a Determination and Cer- EC–5921. A communication from the Sec- Service, Department of Agriculture, trans- tification under Section 40A of the Arms Ex- retary of Health and Human Services, trans- mitting, pursuant to law, the report of a rule port Control Act relative to countries not mitting, pursuant to law, a report entitled entitled ‘‘User Fees for 2014 Crop Cotton cooperating fully with United States ‘‘Interim Report to Congress on the Commu- Classification Services to Growers’’ antiterrorism efforts; to the Committee on nity First Choice (CFC) Option’’; to the Com- ((RIN0581–AD35) (Docket No. AMS–CN–13– Foreign Relations. mittee on Finance. 0085)) received during adjournment of the EC–5939. A communication from the Assist- EC–5922. A communication from the Sec- Senate in the Office of the President of the ant Secretary, Legislative Affairs, Depart- retary of Commerce, transmitting, pursuant Senate on May 27, 2014; to the Committee on ment of State, transmitting, pursuant to to law, a report relative to the export to the Agriculture, Nutrition, and Forestry. law, a report relative to section 36(c) of the People’s Republic of China of items not det- EC–5931. A communication from the Direc- Arms Export Control Act (DDTC 14–039); to rimental to the U.S. space launch industry; tor of Regulations Policy and Management the Committee on Foreign Relations. to the Committee on Foreign Relations. Staff, Food and Drug Administration, De- EC–5940. A communication from the Assist- EC–5923. A joint communication from the partment of Health and Human Services, ant Secretary, Legislative Affairs, Depart- Deputy Secretary of Veterans Affairs and transmitting, pursuant to law, the report of ment of State, transmitting, pursuant to the Acting Under Secretary of Defense (Per- a rule entitled ‘‘Food Additives Permitted law, a report relative to section 36(c) of the sonnel and Readiness), transmitting, pursu- for Direct Addition to Food for Human Con- Arms Export Control Act (DDTC 14–048); to ant to law, a report entitled ‘‘Veterans Af- sumption; Advantame’’ (Docket No. FDA– the Committee on Foreign Relations. fairs and Department of Defense Joint Exec- 2009–F–0303) received during adjournment of EC–5941. A joint communication from the utive Committee Fiscal Year 2013 Annual Re- the Senate in the Office of the President of Secretary of Defense and the Chairman of port’’; to the Committee on Veterans’ Af- the Senate on May 27, 2014; to the Committee the Joint Chiefs of Staff, transmitting a re- fairs. on Health, Education, Labor, and Pensions. quest relative to issuing a travel restriction EC–5924. A communication from the Assist- EC–5932. A communication from the Acting on senior officials’ travel to Afghanistan for ant General Counsel for Legislation, Regula- Chief of the Regulation Policy and Manage- the period of June 1, 2014 through September tion and Energy Efficiency, Department of ment Office of the General Counsel, Veterans 20, 2014; to the Committee on Armed Serv- Energy, transmitting, pursuant to law, the Health Administration, Department of Vet- ices.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3424 CONGRESSIONAL RECORD — SENATE June 4, 2014 EC–5942. A communication from the Acting By Mr. ISAKSON (for himself and Mr. to repeal a duplicative program relat- Under Secretary of Defense (Personnel and CHAMBLISS): ing to inspection and grading of cat- Readiness), transmitting, pursuant to law, a S. 2431. A bill to direct the Secretary of the fish. report relative to the Department of Defense Interior to conduct a special resource study assigning women to previously closed posi- of the West Hunter Street Baptist Church in S. 958 tions in the Army’s 160th Special Operations Atlanta, Georgia, and for other purposes; to At the request of Mr. UDALL of Colo- Aviation Regiment; to the Committee on the Committee on Energy and Natural Re- rado, the name of the Senator from Armed Services. sources. Montana (Mr. WALSH) was added as a EC–5943. A communication from the Prin- By Ms. WARREN (for herself, Mr. cosponsor of S. 958, a bill to amend the cipal Deputy Assistant Secretary of Defense FRANKEN, Mr. HARKIN, Mr. REED, Mr. Internal Revenue Code of 1986 to reduce (Reserve Affairs), Performing the Duties of DURBIN, Ms. BALDWIN, Mr. ROCKE- the tax on beer to its pre-1991 level, and the Assistant Secretary of Defense (Reserve FELLER, Mr. REID, Mrs. FEINSTEIN, for other purposes. Affairs), transmitting, pursuant to law, a re- Mrs. BOXER, Mrs. MURRAY, Ms. LAN- port relative to Reserve Component Equip- DRIEU, Ms. STABENOW, Mr. CARDIN, S. 1188 ment Procurement and Military Construc- Mr. BROWN, Ms. KLOBUCHAR, Mr. At the request of Ms. COLLINS, the tion for fiscal year 2015; to the Committee on WHITEHOUSE, Mr. UDALL of Colorado, name of the Senator from South Da- Armed Services. Mrs. SHAHEEN, Mrs. HAGAN, Mr. kota (Mr. THUNE) was added as a co- f MERKLEY, Mr. BEGICH, Mr. BENNET, sponsor of S. 1188, a bill to amend the Mrs. GILLIBRAND, Mr. BLUMENTHAL, Internal Revenue Code of 1986 to mod- INTRODUCTION OF BILLS AND Mr. SCHATZ, Mr. MURPHY, Ms. JOINT RESOLUTIONS HIRONO, Ms. HEITKAMP, Mr. MARKEY, ify the definition of full-time employee The following bills and joint resolu- Mr. BOOKER, Mr. UDALL of New Mex- for purposes of the individual mandate tions were introduced, read the first ico, Mr. HEINRICH, Mr. SANDERS, Mr. in the Patient Protection and Afford- and second times by unanimous con- MENENDEZ, and Mr. SCHUMER): able Care Act. S. 2432. A bill to amend the Higher Edu- S. 1214 sent, and referred as indicated: cation Act of 1965 to provide for the refi- At the request of Mr. BROWN, the By Mr. BEGICH (for himself and Mr. nancing of certain Federal student loans, PRYOR): and for other purposes; read the first time. name of the Senator from Maine (Ms. S. 2425. A bill to require the Secretary of By Mr. GRAHAM: COLLINS) was added as a cosponsor of S. Veterans Affairs to carry out a pilot pro- S.J. Res. 37. A joint resolution proposing 1214, a bill to require the purchase of gram to reduce the shortage of psychiatrists an amendment to the Constitution of the domestically made flags of the United in the Veterans Health Administration of United States relating to parental rights; to States of America for use by the Fed- the Department of Veterans Affairs by re- the Committee on the Judiciary. eral Government. paying loans for certain psychiatrists, to By Mr. RUBIO (for himself and Mr. S. 1249 carry out a pilot program to provide housing NELSON): allowances to health care providers of the S.J. Res. 38. A joint resolution conferring At the request of Mr. BLUMENTHAL, Veterans Health Administration who accept honorary citizenship of the United States on the name of the Senator from Delaware assignment at rural and highly rural clinics, Bernardo de Galvez y Madrid, Viscount of (Mr. COONS) was added as a cosponsor and for other purposes; to the Committee on Galveston and Count of Galvez; to the Com- of S. 1249, a bill to rename the Office to Veterans’ Affairs. mittee on the Judiciary. Monitor and Combat Trafficking of the By Mr. TOOMEY (for himself and Mr. Department of State the Bureau to MANCHIN): f Monitor and Combat Trafficking in S. 2426. A bill to amend title 18, United SUBMISSION OF CONCURRENT AND Persons and to provide for an Assistant States Code, to require that the Director of SENATE RESOLUTIONS the Bureau of Prisons ensure that each chief Secretary to head such Bureau, and for executive officer of a Federal penal or cor- The following concurrent resolutions other purposes. rectional institution provides a secure stor- and Senate resolutions were read, and S. 1256 age area located outside of the secure perim- referred (or acted upon), as indicated: eter of the Federal penal or correctional in- At the request of Mrs. FEINSTEIN, the By Ms. CANTWELL (for herself and stitution for firearms carried by certain em- name of the Senator from Hawaii (Mr. Mrs. MURRAY): ployees of the Bureau of Prisons, and for SCHATZ) was added as a cosponsor of S. S. Res. 467. A resolution recognizing the other purposes; to the Committee on the Ju- 1256, a bill to amend the Federal Food, 100th Anniversary of Fishermen’s Terminal diciary. in the Port of Seattle and celebrating Se- Drug, and Cosmetic Act to preserve the By Mr. BARRASSO (for himself and attle’s rich maritime heritage and its impor- effectiveness of medically important Mr. ENZI): antimicrobials used in the treatment of S. 2427. A bill to authorize the Secretary of tance to the United States; considered and the Interior to coordinate Federal and State agreed to. human and animal diseases. permitting processes related to the construc- f S. 1324 tion of new surface water storage projects on At the request of Mr. BARRASSO, the ADDITIONAL COSPONSORS lands under the jurisdiction of the Secretary name of the Senator from Texas (Mr. of the Interior and the Secretary of Agri- S. 506 CRUZ) was added as a cosponsor of S. culture and to designate the Bureau of Rec- At the request of Ms. COLLINS, the 1324, a bill to prohibit any regulations lamation as the lead agency for permit proc- essing, and for other purposes; to the Com- name of the Senator from New Hamp- promulgated pursuant to a presidential mittee on Energy and Natural Resources. shire (Mrs. SHAHEEN) was added as a co- memorandum relating to power sector By Mr. LEAHY: sponsor of S. 506, a bill to amend the carbon pollution standards from taking S. 2428. A bill to amend title 38, United Internal Revenue Code of 1986 to pro- effect. States Code, to ensure that the Department vide recruitment and retention incen- S. 1406 of Veterans Affairs provides temporary care tives for volunteer emergency service At the request of Ms. AYOTTE, the in the most cost effective manner when pa- workers. tients are relocated during medical facility name of the Senator from Pennsyl- construction and renovation projects, and S. 539 vania (Mr. TOOMEY) was added as a co- for other purposes; to the Committee on Vet- At the request of Mrs. SHAHEEN, the sponsor of S. 1406, a bill to amend the erans’ Affairs. name of the Senator from Ohio (Mr. Horse Protection Act to designate ad- By Mr. WARNER (for himself and Mr. BROWN) was added as a cosponsor of S. ditional unlawful acts under the Act, THUNE): 539, a bill to amend the Public Health strengthen penalties for violations of S. 2429. A bill to amend the Internal Rev- Service Act to foster more effective enue Code of 1986 to extend the exclusion for the Act, improve Department of Agri- employer-provided educational assistance to implementation and coordination of culture enforcement of the Act, and for employer payment of interest on certain re- clinical care for people with pre-diabe- other purposes. financed student loans; to the Committee on tes and diabetes. S. 1410 Finance. S. 632 At the request of Mr. DURBIN, the By Mr. ROBERTS: At the request of Mr. MCCAIN, the name of the Senator from Vermont S. 2430. A bill to establish the Office of the Special Inspector General for Monitoring the name of the Senator from Minnesota (Mr. SANDERS) was added as a cospon- Affordable Care Act, and for other purposes; (Mr. FRANKEN) was added as a cospon- sor of S. 1410, a bill to focus limited to the Committee on Health, Education, sor of S. 632, a bill to amend the Food, Federal resources on the most serious Labor, and Pensions. Conservation, and Energy Act of 2008 offenders.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3425 S. 1445 ginia (Mr. MANCHIN), the Senator from S. 2363 At the request of Mr. PRYOR, the Illinois (Mr. KIRK), the Senator from At the request of Mrs. HAGAN, the name of the Senator from Maine (Mr. Indiana (Mr. COATS), the Senator from name of the Senator from Tennessee KING) was added as a cosponsor of S. Utah (Mr. HATCH), the Senator from (Mr. CORKER) was added as a cosponsor 1445, a bill to amend the Public Health Mississippi (Mr. WICKER), the Senator of S. 2363, a bill to protect and enhance Service Act to provide for the partici- from Tennessee (Mr. CORKER), the Sen- opportunities for recreational hunting, pation of optometrists in the National ator from Missouri (Mr. BLUNT) and the fishing, and shooting, and for other Health Service Corps scholarship and Senator from Mississippi (Mr. COCH- purposes. loan repayment programs, and for RAN) were added as cosponsors of S. S. 2370 other purposes. 2013, a bill to amend title 38, United At the request of Mr. COBURN, the S. 1495 States Code, to provide for the removal name of the Senator from Colorado At the request of Mr. CASEY, the of Senior Executive Service employees (Mr. UDALL) was added as a cosponsor name of the Senator from Minnesota of the Department of Veterans Affairs of S. 2370, a bill to rescind unused ear- (Mr. FRANKEN) was added as a cospon- for performance, and for other pur- marks provided for the Department of sor of S. 1495, a bill to direct the Ad- poses. Transportation, and for other purposes. ministrator of the Federal Aviation S. 2091 S. 2405 Administration to issue an order with At the request of Mr. HELLER, the At the request of Mr. REED, the name respect to secondary cockpit barriers, names of the Senator from Connecticut of the Senator from Maine (Ms. COL- and for other purposes. (Mr. BLUMENTHAL) and the Senator LINS) was added as a cosponsor of S. S. 1647 from Colorado (Mr. BENNET) were added 2405, a bill to amend title XII of the At the request of Mr. ROBERTS, the as cosponsors of S. 2091, a bill to amend Public Health Service Act to reauthor- name of the Senator from North Da- title 38, United States Code, to improve ize certain trauma care programs, and kota (Ms. HEITKAMP) was added as a co- the processing by the Department of for other purposes. sponsor of S. 1647, a bill to amend the Veterans Affairs of claims for benefits S. 2408 Patient Protection and Affordable Care under laws administered by the Sec- At the request of Ms. MURKOWSKI, the Act to repeal distributions for medi- retary of Veterans Affairs, and for name of the Senator from Alaska (Mr. cine qualified only if for prescribed other purposes. BEGICH) was added as a cosponsor of S. drug or insulin. S. 2125 2408, a bill to authorize the explo- S. 1708 At the request of Mr. WALSH, his ration, leasing, development, and pro- At the request of Mr. MERKLEY, the name was added as a cosponsor of S. duction of oil and gas in and from the names of the Senator from New Mexico 2125, a bill to amend the Communica- western portion of the Coastal Plain of (Mr. UDALL) and the Senator from Col- tions Act of 1934 to ensure the integrity the State of Alaska without surface oc- orado (Mr. UDALL) were added as co- of voice communications and to pre- cupancy, and for other purposes. sponsors of S. 1708, a bill to amend title vent unjust or unreasonable discrimi- S. 2409 23, United States Code, with respect to nation among areas of the United At the request of Ms. MURKOWSKI, the the establishment of performance States in the delivery of such commu- name of the Senator from Alaska (Mr. measures for the highway safety im- nications. BEGICH) was added as a cosponsor of S. provement program, and for other pur- S. 2162 2409, a bill to authorize the explo- poses. At the request of Mrs. MURRAY, the ration, leasing, development, produc- name of the Senator from Hawaii (Mr. tion, and economically feasible and S. 1761 SCHATZ) was added as a cosponsor of S. prudent transportation of oil and gas At the request of Mr. BLUMENTHAL, 2162, a bill to amend the Internal Rev- in and from the Coastal Plain in Alas- the name of the Senator from Michigan enue Code of 1986 to establish a deduc- ka. (Ms. STABENOW) was added as a cospon- tion for married couples who are both S 2413 sor of S. 1761, a bill to permanently ex- . employed and have young children and tend the Protecting Tenants at Fore- At the request of Mr. SANDERS, the to increase the earned income tax cred- name of the Senator from New Jersey closure Act of 2009 and establish a pri- it for childless workers, and to provide (Mr. MENENDEZ) was added as a cospon- vate right of action to enforce compli- for budget offsets. sor of S. 2413, a bill to improve the pro- ance with such Act. S. 2208 vision of medical services and benefits S. 1875 At the request of Mr. KIRK, the name to veterans, and for other purposes. At the request of Mr. WYDEN, the of the Senator from Minnesota (Mr. S. 2414 name of the Senator from Montana FRANKEN) was added as a cosponsor of At the request of Mr. MCCONNELL, (Mr. WALSH) was added as a cosponsor S. 2208, a bill to allow the Secretary of the names of the Senator from Wyo- of S. 1875, a bill to provide for wildfire the Treasury to rely on State examina- ming (Mr. BARRASSO) and the Senator suppression operations, and for other tions for certain financial institutions, from Tennessee (Mr. ALEXANDER) were purposes. and for other purposes. added as cosponsors of S. 2414, a bill to S. 1883 S. 2329 amend the Clean Air Act to prohibit At the request of Mrs. HAGAN, the At the request of Mrs. SHAHEEN, the the regulation of emissions of carbon name of the Senator from Georgia (Mr. names of the Senator from Minnesota dioxide from new or existing power CHAMBLISS) was added as a cosponsor of (Ms. KLOBUCHAR), the Senator from plants under certain circumstances. S. 1883, a bill to extend duty-free treat- Delaware (Mr. COONS), the Senator At the request of Mr. JOHANNS, his ment for certain trousers, breeches, or from Nevada (Mr. HELLER), the Senator name was added as a cosponsor of S. shorts imported from Nicaragua, and from Maine (Ms. COLLINS) and the Sen- 2414, supra. for other purposes. ator from Washington (Mrs. MURRAY) S. 2422 S. 2004 were added as cosponsors of S. 2329, a At the request of Mr. SANDERS, the At the request of Mr. BEGICH, the bill to prevent Hezbollah from gaining names of the Senator from Iowa (Mr. name of the Senator from West Vir- access to international financial and HARKIN), the Senator from Delaware ginia (Mr. MANCHIN) was added as a co- other institutions, and for other pur- (Mr. COONS), the Senator from Massa- sponsor of S. 2004, a bill to ensure the poses. chusetts (Mr. MARKEY), the Senator safety of all users of the transportation S. 2358 from Minnesota (Ms. KLOBUCHAR), the system, including pedestrians, At the request of Mr. UDALL of Colo- Senator from Montana (Mr. WALSH), bicyclists, transit users, children, older rado, the name of the Senator from the Senator from Montana (Mr. individuals, and individuals with dis- Maine (Ms. COLLINS) was added as a co- TESTER) and the Senator from New Jer- abilities, as they travel on and across sponsor of S. 2358, a bill to amend title sey (Mr. MENENDEZ) were added as co- federally funded streets and highways. 10, United States Code, to authorize ad- sponsors of S. 2422, a bill to improve S. 2013 ditional leave for members of the the access of veterans to medical serv- At the request of Mr. RUBIO, the Armed Forces in connection with the ices from the Department of Veterans names of the Senator from West Vir- birth of a child. Affairs, and for other purposes.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3426 CONGRESSIONAL RECORD — SENATE June 4, 2014 S.J. RES. 36 selves. For those men and women who of the medical services account. It is At the request of Mr. MENENDEZ, the give their all for our veterans, it is be- robbing Peter to pay Paul. It is a dif- name of the Senator from Virginia (Mr. coming evident that the system of in- ferent pot of money. So that way they KAINE) was added as a cosponsor of S.J. centives and disincentives may have do not have to have an extensive re- Res. 36, a joint resolution relating to worked against them. For example, it port. But the best solution for veterans the approval and implementation of appears that the criteria for bonuses and the bottom line may very well be a the proposed agreement for nuclear co- are too weighted towards reported temporary onsite facility. operation between the United States metrics, rather than toward taking the The bill is simple but attempts to and the Socialist Republic of Vietnam. time to understand the outcomes be- take the allure of a shortcut away by f hind the statistics. What sort of mes- ensuring that the expenses of tem- sage is sent to good employees when porary offsite care are also calculated STATEMENTS ON INTRODUCED and reported. BILLS AND JOINT RESOLUTIONS their ‘‘success’’ depends only on a small part of the picture of veterans’ Senator SANDERS, the chairman of By Mr. LEAHY: care? the Veterans’ Affairs Committee, has S. 2428. A bill to amend title 38, There should be no shortcut to qual- said: ‘‘If you think it’s too expensive to United States Code, to ensure that the ity care for veterans in Washington take care of our veterans, then don’t Department of Veterans Affairs pro- policymaking circles either. The mere send them to war.’’ He is right. We paid vides temporary care in the most cost replacement of a cabinet secretary re- for two unfunded wars on a credit card. effective manner when patients are re- sults in neither accountability nor re- Now it is time we invest in those who located during medical facility con- form. Even widespread firing of SES- put themselves in harm’s way to pro- struction and renovation projects, and level government employees will not tect our security. It is time for us to for other purposes; to the Committee automatically result in providing qual- worry about some of the things we on Veterans’ Affairs. ity care for veterans. Other meaningful need to do here at home. It is time. Mr. LEAHY. Mr. President, following and more comprehensive reforms are the resignation of Secretary Shinseki By Mr. ROBERTS: needed, and without delay. Earlier this last week, it is time for some deep S. 2430. A bill to establish the Office year my distinguished colleague from soul-searching about the future of the of the Special Inspector General for Vermont Senator SANDERS introduced Department of Veterans Affairs. As de- Monitoring the Affordable Care Act, an expansive collection of many needed tails slowly emerge from the inspector and for other purposes; to the Com- reforms. Unfortunately, like so many general’s investigation, I am struck by mittee on Health, Education, Labor, a disturbing aspect of organizational bills we have tried to consider this and Pensions. culture within the VA that prioritizes year, partisan objections stalled Mr. ROBERTS. Mr. President, I first meeting goals and checking boxes in- progress based on procedural rather congratulate my colleague Senator stead of providing true quality care for than substantive matters. Some of the ISAKSON for doing a good job of summa- veterans. Secretary Shinseki himself same people who have been so critical rizing exactly where we are and the was a decorated veteran, and I am sure of this administration and the VA were problems we are experiencing with the he must have been as frustrated as all the same ones who voted to block complexity of the Affordable Care Act of us to find some of the things that going forward with needed reforms. and the hope that the new Secretary were happening. Well, the Senate is going to get an- will be responsive, as the Senator so There is an overwhelming current other opportunity to consider a com- eloquently pointed out when he ques- rushing toward the path of least resist- prehensive collection of reforms. It tioned her when she came before the ance for ‘‘reporting’’ care for the men must prompt some meaningful bipar- committee. I thank the Senator for and women who served this Nation ad- tisan action here in the Senate. Let’s making an excellent speech and mak- mirably and with dedication. But we not play ‘‘gotcha.’’ Let’s play ‘‘help ing excellent points, and I will endeav- should not lose sight of the hard work you’’ to the veterans. That is what we or to do the same, as we are talking and commitment of the many men and need to do. Congress has an obligation about the same subject. women working in the VA system to consider, debate, and vote on the re- My remarks are once again on the every day striving to provide effective forms needed to make our system of Affordable Care Act. I know we have and timely care to veterans. We have care for veterans both efficient and ef- other issues, many important issues— to tell ourselves that there is really no fective. the Veterans’ Administration, the re- shortcut to quality care for veterans. My wife began her nursing career as lease of terrorists in an exchange—but The VA has rightly been under intense a brand new registered nurse in a VA it is equally important we continue to pressure and scrutiny to live up to the hospital. I know how hard she and shed light on the many failings of this promise we made to veterans when those around her worked. They were law. they agreed to serve. veterans of a different generation, but During the very first debate on the We have many people in this body they needed help and care just as much Affordable Care Act, I distinctly re- and the other body who voted for a war as everybody else. member comparing this rush to govern- that I think historians will call a dis- So I look forward to the Senate’s ment health care as akin to riding hell- aster—the war in Iraq. For the first consideration of the legislation intro- for-leather into a box canyon to find time in America’s history, they voted duced yesterday by Senator SANDERS. I the only alternative would be to turn for a war and did not do anything to am proud to cosponsor it. Many re- around, ride back out, and get on a pay for it—no tax to pay for it or any- forms are needed within the VA, and more realistic, market-oriented health thing else. Ten years later, though, the Ensuring Veterans Access to Care reform trail. they say: We have to watch the cost of Act takes important steps toward Then I put it another way. I said: VA health care and all that; we have to achieving these changes. There are a lot of cactuses out there. find the money. Well, that did not Of course, additional reforms are We didn’t have to sit on every one of bother them when they sent these men needed. So today I am introducing leg- them. and women to war. Let’s take care of islation to address one shortfall at the We never even saw the bill before we them now. VA that has existed far too long. Cur- voted on it. I think everybody under- It has become apparent that at facili- rent law provides a disincentive to stands that. I voted no and so did every ties across the United States some VA cost-effective, onsite medical care solu- Republican Senator and Member of employees have decided to choose to tions when operating rooms are refur- Congress. This was not a bipartisan ef- simply tell those above them and those bished or rebuilt within a VA hospital fort. of us with oversight responsibility or care facility. Because the VA must I regret to say to my colleagues that what they want to hear, over providing report any major medical facility costs I told you so, and here we are in a box quality care in a timely fashion. And exceeding $10 million to Congress, the canyon. Until the administration pro- that is appalling and unacceptable. VA is encouraged to pay for veterans vides us more details to the contrary, But most VA employees are tireless care at outside facilities, including we have to assume that more Ameri- servants. Many are veterans them- travel to and from those facilities, out cans are losing the care they liked,

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3427 through cancellation notices, than unions and others from the yoke of The legislation will require a report they have enrolled in the exchanges. ObamaCare. to be submitted to Congress and the They are in a box canyon. In fact, the nonpartisan Congres- American people 6 months after enact- It is now estimated that ObamaCare sional Research Service confirmed that ment and quarterly reports for the du- will cost the Nation nearly $2 trillion the administration has missed half of ration of time the Affordable Care Act and has created higher premiums, high- the mandated deadlines of this law. is on the books. They have broad au- er taxes, less choice, confusion, delays, Most recently, press reports have indi- thority to review all aspects of the law. and problem after problem. Unfortu- cated the government may be paying Things such as the following: nately, the President and his allies in incorrect subsidies to more than 1 mil- Changes in the health insurance mar- the Congress continue to protect this lion Americans for their health care ketplace, the amount of folks who have law, despite its toll on our economy, plans in the new Federal insurance ex- seen their premiums and out-of-pocket our patients, and our providers. changes, and they have so far been un- costs increased, shrinking physician The President promised, as we all re- able to fix the errors. Obviously, this and other provider networks. We have member: We’ll lower premiums for a poses a lot of problems for a lot of peo- a right to know that. typical family by $2,500 per year. ple. The employer mandate, its effect on Valerie from Wichita, KS, wrote me a Unfortunately, the President and his worker hours, employers’ hiring, and letter to share her story on this broken allies in Congress continue to protect the number of businesses subjected to promise. She writes: this law despite its toll on our econ- the penalty. We have a right to know omy, patients, and providers. I wanted to let you know that I had to drop that. my company health insurance due to the Af- A new Health and Human Services The healthcare.gov Web site, its se- fordable Care Act. My premium before the Secretary has been nominated, Sylvia curity, functionality, and verification Act was $250 a month and my employer paid Mathews Burwell, as Senator ISAKSON systems. We have read a lot about that, $100 a month toward the premium. referred to, but with ObamaCare, noth- but we have a right to know. My insurance year expired April 1st and ing will alter. We are headed for social- Duties of the Internal Revenue Serv- the new year is under the ACA health insur- ized medicine. ObamaCare is the Presi- ice, plans for calculating subsidy over- ance. The new plan is now much higher at dent’s legacy. The President will uni- $565 a month and my employer can only af- payments and underpayments, how laterally change what suits him best. they will notify these individuals and ford to pitch in $150 a month. I had to drop The hard-working taxpayers who are what their plans are for recapturing my plan due to unaffordability. I could not paying for this law, in large part from pay the $415 a month. these overpayments. the 21 tax increases contained in it, Medicare cuts via the IPAB, they will The President also promised, highly have a right to some answers. That is provide an analysis of the impact on publicized: ‘‘If you like your health right, I said 21 tax increases. Just some medical outcomes for our seniors as a care plan, you’ll be able to keep your of these taxes include the following: result of these cuts. We should know health care plan, period,’’ and, ‘‘If you the individual mandate tax, where peo- like your doctor, you’ll be able to keep that. ple have to pay the government for not All of these questions could and your doctor.’’ having insurance, even if they can’t af- This law has significantly disrupted should be answered by a special inspec- ford it; the employer mandate tax, tor general. The bill would equip the the individual health insurance market where an employer pays a tax because by imposing mandates and causing at special IG with the same investigative they may have chosen to forgo pro- and law enforcement authority as least 5 million Americans to lose the viding insurance to their employees in- insurance they had or have. standing inspectors general, including stead of having to lay off workers; the subpoena and audit powers to compel Doug, also from Wichita, wrote to health insurance tax, which will be share his personal story on this one. He responses from the administration. passed along to individuals in the form President Obama has claimed that said: of higher premiums; the medical device I am a small business owner who just got his—his—is ‘‘the most transparent ad- tax. ministration in history’’ and that his my family’s health insurance cancelled. I I could go on and on. Many of these administration is committed to cre- have talked it through with [the insurance taxes have bipartisan support to be re- company] and at a minimum I will be paying ating an unprecedented level of open- pealed, but we can’t even get a vote on 63% more per month for coverage that has a ness in government. Given these state- those. deductible 3 times greater than what I had ments, I think the President should and my doctor may or may not be in the net- With a $1.8 trillion pricetag, this bill is so far-reaching it is difficult to find embrace the idea of a special inspector work. general for his health care law. After Doug continues on to say: a Federal agency that doesn’t have a hand in this pot; from your doctor’s of- all, we need to know the outcomes of The only topic that matters in Washington the 41 changes he has already made to is stopping the insanity of [ObamaCare]. fice to your wallet, to your privacy. That is why I am introducing today a the law. Most important, the President prom- bill to require a special inspector gen- It would provide increased trans- ised, ‘‘I will protect Medicare.’’ This eral for monitoring the Affordable Care parency so the general public has a bet- law cuts over $700 billion from Medi- Act. We call it the SIGMA Act. It is ter understanding about this law. It care to pay for ObamaCare. Part of the Special Inspector General for Moni- would protect taxpayer dollars, and by those cuts come from the establish- toring the Affordable Health Care Act. providing an independent analysis of ment, the establishment of an Inde- While all of the Federal agencies this law, it will allow the administra- pendent Payment Advisory Board— charged with implementing the Afford- tion and Congress to make more in- what a wonderful acronym for this able Care Act have Offices of the In- formed decisions and work together on board—IPAB. This Board is supposed to spector General—and they do, they are how we move forward with reforms to be made up of 15 unelected bureaucrats all investigating this law in their own our health care system. I believe we who will decide which treatments in silo—where have we heard that before need to do everything possible to re- Medicare coverage should be taken with a lot of problems within the Fed- peal and replace this law with real away with regard to reimbursement. eral Government—the Health and health care reform—reforms that lower As I have stated on the Senate floor be- Human Services inspector general isn’t costs and restore the all-important re- fore, the IPAB has no accountability talking to the Treasury IG or the De- lationship between a patient and a doc- and their decisions are practically im- partment of Labor IG or the Homeland tor. possible to overturn. Security IG or any one of those with However, as long as this law is on the The administration continues to give each other. books, we need a watchdog or a special us piecemeal data on exchange enroll- This bill would give appropriate au- inspector general to investigate the ments, delays provisions of the law thority to investigate and to audit any implementation of this law and ensure that they can’t implement on time or programs or activities related to this that our scarce taxpayer dollars are simply wants to delay—a large serving law across the many Federal depart- being spent in an appropriate manner. of politics involved—and is providing ments, State exchanges, and private I encourage all of my colleagues to join exclusive waivers and special deals to contractors. me in support of this bill in calling for

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3428 CONGRESSIONAL RECORD — SENATE June 4, 2014 increased oversight of the affordable— Along with more than 30 of my col- limits the ability of millionaires and or unaffordable—health care law. leagues, I introduced the Bank on Stu- billionaires to exploit tax loopholes Let’s ride out of the box canyon. dents Emergency Loan Refinancing and pay a lower tax rate than middle- Let’s get on a better health care re- Act to do just that. The idea is simple. class families. form trail, and on the way we certainly With interest rates near historic lows, Later today we will introduce an up- don’t have to sit on every cactus that homeowners, businesses, and even local dated version of this legislation in the comes along. governments have refinanced their hopes that we will be able to consider debts. But a graduate who took out an it on the floor of the Senate very soon. By Ms. WARREN (for herself, Mr. unsubsidized loan before July 1 of last I am encouraged by the fact that FRANKEN, Mr. HARKIN, Mr. year is locked into an interest rate of some Republicans have also come for- REED, Mr. DURBIN, Ms. BALD- nearly 7 percent. Older loans run 8 per- ward to say they are open to consid- WIN, Mr. ROCKEFELLER, Mr. cent, 9 percent, 10 percent, and even ering a refinancing proposal. I want to REID, Mrs. FEINSTEIN, Mrs. higher. We need to bring those rates be clear. This should not be a partisan BOXER, Mrs. MURRAY, Ms. LAN- down, and we need to do it now. The issue. I am eager to work with any of DRIEU, Ms. STABENOW, Mr. Bank on Students bill would give stu- my colleagues regardless of party who CARDIN, Mr. BROWN, Ms. KLO- dent loan borrowers the opportunity to believe that we need to do something BUCHAR, Mr. WHITEHOUSE, Mr. lower their interest rates on old loans about this growing debt crisis. If they UDALL of Colorado, Mrs. SHA- to match the rates the government of- have issues with the proposal, if they HEEN, Mrs. HAGAN, Mr. fers to new borrowers today. That is 3.8 want to suggest different offsets or pol- MERKLEY, Mr. BEGICH, Mr. BEN- percent for undergraduate loans, 5.41 icy changes, they should bring their NET, Mrs. GILLIBRAND, Mr. percent for graduate loans, and 6.41 ideas forward. We are ready to hear BLUMENTHAL, Mr. SCHATZ, Mr. percent for PLUS loans. them. MURPHY, Ms. HIRONO, Ms. I want to be clear. These rates are What we cannot do is continue to ig- HEITKAMP, Mr. MARKEY, Mr. still higher than what it costs the gov- nore this problem and hope that it will BOOKER, Mr. UDALL of New ernment to run the student loan pro- go away on its own. Congress made this Mexico, Mr. HEINRICH, Mr. gram. The government won’t be sub- mess by setting artificially high inter- SANDERS, Mr. MENENDEZ, and sidizing student loans. In fact, the gov- est rates that are crushing our kids. It Mr. SCHUMER): ernment will be making a profit on is Congress’s responsibility to clean it S. 2432. A bill to amend the Higher these loans—just a much smaller prof- up. Refinancing won’t fix everything Education Act of 1965 to provide for the it. And let’s also be clear that our work that is broken with our higher edu- refinancing of certain Federal student is not done until we eliminate all of cation system, but the need for com- loans, and for other purposes; read the the profits from the student loan pro- prehensive reform must not blind us to first time. gram. the urgency of addressing massive debt Ms. WARREN. Mr. President, out- But this is a step that both Repub- that is already crushing young people. standing student loans now total more licans and Democrats can easily sup- This is personal for me. I grew up in than $1.2 trillion and millions of young port right now. Last year nearly every an America that made it a priority to people are struggling to keep up with Republican in Congress in both the invest in young people, and it opened a their payments. But we have a chance House and the Senate voted for the million doors for me. I will keep fight- to give those borrowers immediate re- exact same loan rates that are in this ing to make sure that every kid who lief by cutting the interest rates on ex- legislation. If Republicans believe that works hard and plays by the rules gets isting student loans. Make no mis- 3.86 percent is good enough for new un- a fair shot. I urge my colleagues to join take—this is an emergency. Federal dergraduate borrowers, then it should me in supporting this bill. Student watchdog agencies such as the Federal be good enough for all the existing un- loan borrowers don’t have armies of Reserve, the Consumer Financial Pro- dergraduate borrowers. There is no rea- lobbyists to fight for them, but they tection Bureau, and the Treasury De- son on Earth to say that some kids have their voices and they are asking partment are already sounding the could get a better deal than others for our support. Let’s give it to them. alarm. when they all worked hard to do ex- Forty million Americans are saddled actly what we wanted them to do—get f with student loan debt. It is holding an education. SUBMITTED RESOLUTIONS them back, and it is holding our econ- Passing this bill would have a real omy back too. Crushing student loan impact for people who are struggling to debt is keeping many young people make it—college students, young grad- SENATE RESOLUTION 467—RECOG- from moving out of their parents’ uates who are only starting to build NIZING THE 100TH ANNIVERSARY homes, from saving for a downpay- their lives, parents who are juggling OF FISHERMEN’S TERMINAL IN ment, from buying homes, buying cars, their own student loans and trying to THE PORT OF SEATTLE AND starting small businesses, saving for figure out how they are going to pay CELEBRATING SEATTLE’S RICH retirement, or making the purchases for their kids’ educations, and parents MARITIME HERITAGE AND ITS that grow our economy. who guaranteed their kids’ student IMPORTANCE TO THE UNITED It doesn’t have to be this way. Con- loans. Student loan refinancing can STATES gress set artificially high interest rates save real money for millions of Ameri- Ms. CANTWELL (for herself and Mrs. on old student loans that generate cans, and they are voicing their sup- MURRAY) submitted the following reso- extra money for the government. The port. Letters, emails, and phone calls lution; which was considered and GAO recently projected that just the are already pouring in, and petitions agreed to: slice of Federal student loans issued for the bill’s passage have already gar- S. RES. 467 between 2007 and 2012 will generate $66 nered hundreds of thousands of signa- billion for the U.S. Government. Those Whereas Fishermen’s Terminal in the Port tures. Think tanks such as Demos and of Seattle was officially dedicated on Janu- are the kinds of profits that would the Center for American Progress, stu- ary 10, 1914, becoming the first operational make a Fortune 500 CEO proud. dent groups such as Generation facility in the Port of Seattle; These young people didn’t go to the Progress and Young Invincibles, and Whereas Fishermen’s Terminal was the mall and run up charges on a credit teachers groups such as the AFT and first commercial property purchased by the card. They worked hard and learned NEA have all come forward and en- Port of Seattle and is located just east of the new skills that will benefit this coun- dorsed this proposal. Hiram M. Chittenden Locks on the Lake try and help us build a stronger Amer- Today the Congressional Budget Of- Washington Ship Canal; ica. They deserve a fair shot at an af- fice announced that the bill actually Whereas Fishermen’s Terminal is home to the North Pacific Fishing Fleet and provides fordable education. We can give them a saves billions of dollars and reduces the moorage for 400 commercial fishing vessels fair shot by cutting those interest Federal deficit. That is because the re- and work boats; rates and cutting those government financing proposal is fully paid for by Whereas Fishermen’s Terminal is critical profits. implementing the Buffett rule, which to the operations of the Port of Seattle, the

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3429 port of entry for 50 percent of the total sea- the Port of Seattle, the State of Washington, mittee on the Judiciary, Sub- food caught in the United States; and the United States. committee on Privacy, Technology, Whereas there is a strong connection be- f and the Law be authorized to meet dur- tween the fishing and shipping industries of ing the session of the Senate on June 4, the Port of Seattle, and seafood exported out AUTHORITY FOR COMMITTEES TO of the Port of Seattle was valued at more MEET 2014, at 2:30 p.m., in room SD–226 of the than $997,000,000 in 2012; Dirksen Senate Office Building, to con- COMMITTEE ON ENVIRONMENT AND PUBLIC Whereas the fishing fleets of Fishermen’s duct a hearing entitled, ‘‘The Location WORKS Privacy Protection Act of 2014.’’ Terminal harvest a wide variety of fish in- Mr. CARDIN. Mr. President, I ask cluding salmon, halibut, Pacific cod, Alaska The PRESIDING OFFICER. Without Pollock, sablefish, rock fish, whiting, yel- unanimous consent that the Com- objection, it is so ordered. mittee on Environment and Public lowfin, sole, albacore, crab, shrimp, and f other shellfish; Works be authorized to meet during Whereas the fishing vessels that moor at the session of the Senate on June 4, HONORING THE LEGACY OF A. Fishermen’s Terminal include crabbers, 2014, at 9:30 am, in room SD–406 of the PHILIP RANDOLPH longliners, purse seiners, trawlers, and Dirksen Senate Office Building, to con- Mr. REID. Mr. President, I ask unan- trollers, and often fish in Alaskan waters duct a hearing entitled, ‘‘NRC’s Imple- imous consent that the Judiciary Com- such as Southeast Alaska, Bristol Bay, and mentation of the Fukushima Near- mittee be discharged from further con- the Bering Sea; Term Task Force Recommendations Whereas for the last century, Fishermen’s sideration of S. Res. 218 and the Senate Terminal has played a critical role in the and other Actions to Enhance and proceed to its consideration. fishing and maritime industry in both Wash- Maintain Nuclear Safety.’’ The PRESIDING OFFICER. Without ington and Alaska; The PRESIDING OFFICER. Without objection, it is so ordered. Whereas Fishermen’s Terminal directly objection, it is so ordered. The clerk will report the resolution contributes and supports maritime jobs, and COMMITTEE ON HOMELAND SECURITY AND by title. is a major driver of the maritime economy of GOVERNMENTAL AFFAIRS The assistant legislative clerk read the Pacific Northwest, which generates Mr. CARDIN. Mr. President, I ask as follows: $30,000,000,000 annually for the State of Wash- unanimous consent that the Com- A resolution (S. Res. 218) honoring the leg- ington; mittee on Homeland Security and Gov- acy of A. Philip Randolph and saluting his Whereas annually, the fishing industry at ernmental Affairs be authorized to efforts on behalf of the people of the United the Port of Seattle creates 15,600 jobs, has a States to form ‘‘a more perfect union.’’ total payroll of $1,900,000,000 per year, and meet during the session of the Senate generates $814,000,000 in annual revenue for on June 4, 2014, at 10:30 a.m. to conduct There being no objection, the Senate private businesses; a hearing entitled ‘‘Evaluating Port proceeded to consider the resolution. Whereas 34,500 Washington residents are Security: Progress Made and Chal- Mr. REID. Mr. President, I ask unan- employed by the Alaskan seafood industry; lenges Ahead.’’ imous consent the resolution be agreed Whereas Fishermen’s Terminal contributes The PRESIDING OFFICER. Without to, the preamble be agreed to, and the to the economic diversity and resilience of objection, it is so ordered. motions to reconsider be laid upon the the Pacific Northwest due to the many in- COMMITTEE ON THE JUDICIARY table, with no intervening action or de- dustries it supports, including vessel con- Mr. CARDIN. Mr. President, I ask bate. struction, maintenance, and repair activity unanimous consent that the Com- The PRESIDING OFFICER. Without that brings vendors and suppliers together objection, it is so ordered. with a network of bankers, insurers, and mittee on the Judiciary be authorized other businesses that support fishing and to meet during the session of the Sen- The resolution (S. Res. 218) was shipping; ate on June 4, 2014, at 10 a.m., in room agreed to. Whereas much of the infrastructure and SD–226 of the Dirksen Senate Office The preamble was agreed to. The resolution, with its preamble, businesses surrounding Fishermen’s Ter- Building, to conduct a hearing entitled, reads as follows: minal have been in place as long as the Ter- ‘‘Judicial Nominations.’’ minal, and make up the most important eco- The PRESIDING OFFICER. Without S. RES. 218 nomic maritime cluster of fish processing, objection, it is so ordered. Whereas A. Philip Randolph was born on cold storage, vessel fabrication, and barge April 15, 1889, and grew up in Jacksonville, COMMITTEE ON SMALL BUSINESS AND and tug operations businesses in the United Florida; ENTREPRENEURSHIP States; Whereas Mr. Randolph attended the Whereas the shore side support businesses Mr. CARDIN. Mr. President, I ask Cookman Institute, one of the first high surrounding Fishermen’s Terminal employ a unanimous consent that the Com- schools for African-Americans in the United wide range of machinists, trade workers, and mittee on Small Business and Entre- States, located in Jacksonville, Florida, and artisans who are skilled in traditional mari- preneurship be authorized to meet dur- graduated valedictorian of his class in 1907; time crafts such as wood-working, fiberglass ing the session of the Senate on June 4, Whereas Mr. Randolph was an inspira- repair, painting, sail making, brass 2014, at 3 pm in Room 432 of the Russell tional person who demonstrated an brightworking, marine engineering, and unyielding struggle for human rights on be- naval architecture; Senate Office Building, to conduct a hearing entitled, ‘‘From Military Serv- half of marginalized groups in society; Whereas Fishermen’s Terminal is more Whereas Mr. Randolph was active in both than just a place to moor, repair, and main- ice to Small Business Owners: Sup- the civil rights movement and the labor tain boats, and gives the Seattle community porting America’s Veteran Entre- movement in the United States; a sense of identity as a place where people preneurs.’’ Whereas Mr. Randolph was a tireless and work with their hands in industries that help The PRESIDING OFFICER. Without highly effective advocate for African-Amer- define the region; and objection, it is so ordered. ican rights during the 1930s and 1940s, focus- Whereas Fishermen’s Terminal is a cul- SUBCOMMITTEE ON FINANCIAL INSTITUTIONS ing particularly on employment rights; tural resource that is always open to the AND CONSUMER PROTECTION Whereas Mr. Randolph led the effort to or- public, is home to the Fishermen’s Memo- ganize the porters of the Pullman Company, rial, a towering bronze sculpture that lists Mr. CARDIN. Mr. President, I ask unanimous consent that the Com- one of the largest railroad car companies in the names of 675 men and women who have the United States at that time; lost their lives in their pursuit of the bounty mittee on Banking, Housing, and Whereas Mr. Randolph founded the Broth- of the sea, hosts thousands of people every Urban Affairs Subcommittee on Finan- erhood of Sleeping Car Porters, an organiza- September for the Fishermen’s Fall Festival cial Institutions and Consumer Protec- tion that advanced the rights of African- to celebrate the homecoming of Washington tion be authorized to meet during the American workers to dignity, respect, and a fishermen after a summer at sea, and is sur- session of the Senate on June 4, 2014, at decent livelihood; rounded by lively restaurants, shops, and 10 a.m., to conduct a hearing entitled, Whereas Mr. Randolph urged President businesses that support the community and ‘‘Student Loan Servicing: The Bor- Franklin Roosevelt to end employment dis- those in the fishing industry: Now, therefore crimination against African-Americans in be it rower’s Experience.’’ The PRESIDING OFFICER. Without the Federal Government; Resolved, That the Senate— Whereas, after the urging of Mr. Randolph, (1) recognizes that May 28, 2014 is the offi- objection, it is so ordered. President Roosevelt issued Executive Order cial centennial of Fishermen’s Terminal; and SUBCOMMITTEE ON PRIVACY, TECHNOLOGY, AND 8802 (6 Fed. Reg. 3109) on June 25, 1941, de- (2) praises the ongoing contributions of THE LAW claring that ‘‘there shall be no discrimina- Fishermen’s Terminal to the welfare of Mr. CARDIN. Mr. President, I ask tion in the employment of workers in de- countless individuals, the fishing industry, unanimous consent that the Com- fense industries and in government because

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3430 CONGRESSIONAL RECORD — SENATE June 4, 2014 of race, creed, color, or national origin’’ and Mr. REID. I ask unanimous consent journ until 10 a.m. tomorrow, June 5, established the Fair Employment Practices that the resolution be agreed to, the 2014; that following the prayer and Commission to oversee that order; preamble be agreed to, and the motions pledge, the morning hour be deemed Whereas Mr. Randolph urged President Harry Truman to end segregation in the to reconsider be laid upon the table, expired, the Journal of proceedings be Armed Forces of the United States; with no intervening action or debate. approved to date, and the time for the Whereas, after the urging of Mr. Randolph, The PRESIDING OFFICER. Without two leaders be reserved for their use President Truman issued Executive Order objection, it is so ordered. later in the day; that following any 9981 (13 Fed. Reg. 4313) on July 26, 1948, de- The resolution (S. Res. 463) was leader remarks, the Senate be in a pe- claring that ‘‘[T]here shall be equality of agreed to. riod of morning business until 1:45 treatment and opportunity for all persons in The preamble was agreed to. p.m., with Senators permitted to speak the armed services without regard to race, (The resolution, with its preamble, is therein for up to 10 minutes each, with color, religion or national origin. This policy shall be put into effect as rapidly as possible, printed in the RECORD of Thursday, the time equally divided and controlled having due regard to the time required to ef- May 22, 2014, under ‘‘Submitted Resolu- between the two leaders or their des- fectuate any necessary changes without im- tions.’’) ignees, with the majority controlling pairing efficiency or morale.’’ and closed the f the first 30 minutes and the Repub- segregated Marine Corps boot camp at licans controlling the second 30 min- Montford Point in Jacksonville, North Caro- RECOGNIZING THE 100TH ANNIVER- utes and that the final 20 minutes be lina; SARY OF FISHERMEN’S TER- equally divided and controlled between Whereas Mr. Randolph was actively in- MINAL volved in the planning and organization of Senators WYDEN and HATCH or their many civil rights efforts, including the pray- Mr. REID. Mr. President, I ask unan- designees, with Senator WYDEN con- er pilgrimage for freedom in 1957, the imous consent that the Senate proceed trolling the final 10 minutes; and that marches for school integration in 1958 and to S. Res. 467. at 1:45 p.m. the Senate proceed to exec- 1959, and the March on Washington in 1963; The PRESIDING OFFICER. The utive session under the previous order. Whereas Mr. Randolph was the first speak- clerk will report the resolution by The PRESIDING OFFICER. Without er of the day at the March on Washington on objection, it is so ordered. August 28, 1963, during which Dr. Martin Lu- title. ther King, Jr., delivered his famous ‘‘I Have The assistant legislative clerk read f a Dream’’ speech; as follows: PROGRAM Whereas the Civil Rights Act of 1964 (Pub- A resolution (S. Res. 467) recognizing the lic Law 88–352; 78 Stat. 241), the Voting 100th Anniversary of Fishermen’s Terminal Mr. REID. Mr. President, there will Rights Act of 1965 (Public Law 89–110; 79 in the Port of Seattle and celebrating Se- be up to, as I mentioned, two rollcall Stat. 437), and the Civil Rights Act of 1968 attle’s rich maritime heritage and its impor- votes at 1:45 p.m. tomorrow. (Public Law 90–284; 82 Stat. 73) are the fruits tance to the United States. f of the seeds that Mr. Randolph and others There being no objection, the Senate like him sowed many years before; ORDER FOR ADJOURNMENT proceeded to consider the resolution. Whereas Mr. Randolph helped to found the Mr. REID. Mr. President, if there is Leadership Conference on Civil and Human Mr. REID. I ask unanimous consent that the resolution be agreed to, the no further business to come before the Rights; Senate, I ask unanimous consent that Whereas Amtrak named one of its luxury preamble be agreed to, and the motions sleeping cars, the Superliner II Deluxe Sleep- to reconsider be laid upon the table, it adjourn under the previous order, er 32503, the ‘‘A. Philip Randolph’’ in honor with no intervening action or debate. following the remarks of the distin- of Mr. Randolph; The PRESIDING OFFICER. Without guished junior Senator from Wyoming, Whereas a bust in the likeness of Mr. Ran- objection, it is so ordered. and that he be recognized for up to 7 dolph stands in Union Station in Wash- The resolution (S. Res. 467) was minutes. ington, DC, as a tribute to his work on behalf The PRESIDING OFFICER. Without of African-American rail workers; agreed to. The preamble was agreed to. objection, it is so ordered. Whereas, in 1964, Mr. Randolph was award- The Senator from Wyoming. ed the Presidential Medal of Freedom by (The resolution, with its preamble, is President Lyndon Johnson; printed in today’s RECORD under ‘‘Sub- f Whereas the civil rights revolution was mitted Resolutions.’’) RECALLING TIANANMEN SQUARE launched, in no small part, based on the ef- forts of Mr. Randolph and the work of states- f Mr. BARRASSO. Mr. President, men like him; and MEASURE READ THE FIRST today marks the 25th anniversary of Whereas, upon the celebration of the 50th TIME—S. 2432 the Tiananmen Square massacre. anniversary of the March on Washington in The violent suppression and forcible 2013, it is fitting to honor the work of Mr. Mr. REID. Mr. President, S. 2432, it is dispersion in Tiananmen Square by the Randolph and his commitment to a better my understanding, was introduced ear- Government of China resulted in the United States: Now, therefore, be it lier today and is due for its first read- Resolved, That the Senate honors the leg- death and injury of peaceful dem- acy of A. Philip Randolph and salutes his ef- ing. onstrators. forts on behalf of the people of the United The PRESIDING OFFICER. The I have worked with Members of the States to form ‘‘a more perfect union’’. clerk will read the bill by title for the Senate from both sides of the aisle, f first time. through the Foreign Relations Com- The assistant legislative clerk read mittee, on a resolution expressing sym- HONORING THE LIFE, ACCOM- as follows: PLISHMENTS, AND LEGACY OF pathy to the families of those killed, A bill (S. 2432) to amend the Higher Edu- BILLY FRANK, JR. those tortured, and those imprisoned cation Act of 1965 to provide for the refi- due to their participation in the peace- Mr. REID. Mr. President, I ask unan- nancing of certain Federal student loans, ful democracy movement in imous consent that the Judiciary Com- and for other purposes. Tiananmen Square. mittee be discharged from further con- Mr. REID. I ask for a second reading Our resolution also calls out the Gov- sideration of S. Res. 463. and object to my own request. ernment of China for subjecting its The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- citizens to physical attacks, harass- objection, it is so ordered. tion is heard. The clerk will report the resolution ment, and detention for attempting to The bill will receive a second reading discuss or commemorate the events of by title. on the next legislative day. The assistant legislative clerk read June 1989. as follows: f The Chinese authorities to this day continue to block and censor public A resolution (S. Res. 463) honoring the life, ORDERS FOR THURSDAY, JUNE 5, accomplishments, and legacy of Billy Frank, discussions and events marking the an- Jr., and expressing condolences on his pass- 2014 niversary of Tiananmen Square. ing. Mr. REID. Mr. President, I ask unan- The resolution also condemns the on- There being no objection, the Senate imous consent that when the Senate going human rights abuses by the Gov- proceeded to consider the resolution. completes its business today, it ad- ernment of China.

VerDate Mar 15 2010 02:10 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S04JN4.REC S04JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2014 CONGRESSIONAL RECORD — SENATE S3431 The United States has a long record PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA To be colonel TO THE REPUBLIC OF TURKEY. of championing liberty and freedom LESLIE ANN BASSETT, OF CALIFORNIA, A CAREER DAVID V. EASTHAM around the world. The Senate must MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- IN THE ARMY stand up and support those individuals DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE FOLLOWING NAMED ARMY NATIONAL GUARD OF who have in the past and continue to OF AMERICA TO THE REPUBLIC OF PARAGUAY. THE UNITED STATES OFFICERS FOR APPOINTMENT TO ALLAN P. MUSTARD, OF WASHINGTON, A CAREER MEM- THE GRADE INDICATED IN THE RESERVE OF THE ARMY this very day to demand their rights in BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: China. REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF To be colonel So Mr. President, I ask unanimous AMERICA TO TURKMENISTAN. consent that the Senate now proceed to TODD D. ROBINSON, OF NEW JERSEY, A CAREER MEM- ROBERT L. BOYLES BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ROBERT A. CRISOSTOMO the consideration of Calendar No. 383, ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- MICHAEL J. PERRY S. Res. 451. I ask unanimous consent DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JOHN E. ROZSNYAI OF AMERICA TO THE REPUBLIC OF GUATEMALA. CURT R. SIMONSON that the resolution be agreed to, the MATTHEW D. SMITH IN THE AIR FORCE TYLER B. SMITH preamble be agreed to, and the motions THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE NAVY to reconsider be considered made and STATES OFFICER FOR APPOINTMENT IN THE RESERVE laid upon the table. OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TO THE GRADE INDICATED IN THE UNITED STATES NAVY The PRESIDING OFFICER. Is there UNDER TITLE 10, U.S.C., SECTION 624: objection? To be brigadier general To be commander COL. WARREN H. HURST, JR. Without objection, it is so ordered. THOR MARTINSEN The resolution (S. Res. 451) was IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE REGULAR NAVY agreed to. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 531: The preamble was agreed to. IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be lieutenant commander (The resolution, with its preamble, is RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CHRISTOPHER S. MAYFIELD printed in the RECORD of May 15, 2014, To be vice admiral under ‘‘Submitted Resolutions.’’) IN THE COAST GUARD REAR ADM. WALTER E. CARTER, JR. Mr. BARRASSO. Thank you, Mr. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS TO THE GRADE INDICATED IN THE UNITED STATES President. COAST GUARD UNDER TITLE 14, U.S.C., SECTION 211(A)(2): THE FOLLOWING NAMED OFFICER FOR APPOINTMENT I yield the floor. AS COMMANDANT OF THE MARINE CORPS, AND APPOINT- To be lieutenant commander f MENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ANGELA R. HOLBROOK ADJOURNMENT UNTIL 10 A.M. TITLE 10, U.S.C., SECTIONS 5043 AND 601: MARTHA A. RODRIGUEZ TOMORROW To be general f The PRESIDING OFFICER. Under JOSEPH F. DUNFORD, JR. the previous order, the Senate stands IN THE AIR FORCE CONFIRMATIONS adjourned until 10 a.m. tomorrow. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Executive nominations confirmed by TO THE GRADE INDICATED IN THE UNITED STATES AIR (Thereupon, the Senate, at 5:34 p.m., FORCE AND AS PERMANENT PROFESSOR AT THE UNITED the Senate June 4, 2014: adjourned until Thursday, June 5, 2014, STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., THE JUDICIARY at 10 a.m.) SECTIONS 9333(B) AND 9336(A): To be colonel MARK G. MASTROIANNI, OF MASSACHUSETTS, TO BE f UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF TROY R. HARTING MASSACHUSETTS. NOMINATIONS BRUCE HOWE HENDRICKS, OF SOUTH CAROLINA, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF TO THE GRADE INDICATED IN THE RESERVE OF THE AIR Executive nominations received by SOUTH CAROLINA. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: TANYA S. CHUTKAN, OF THE DISTRICT OF COLUMBIA, the Senate: To be colonel TO BE UNITED STATES DISTRICT JUDGE FOR THE DIS- TRICT OF COLUMBIA. DEPARTMENT OF STATE WILLIAM E. BUNDY DEPARTMENT OF COMMERCE JOHN R. BASS, OF NEW YORK, A CAREER MEMBER OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– IN THE GRADE INDICATED IN THE RESERVE OF THE AIR STEFAN M. SELIG, OF NEW YORK, TO BE UNDER SEC- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND FORCE UNDER TITLE 10, U.S.C., SECTION 12204: RETARY OF COMMERCE FOR INTERNATIONAL TRADE.

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