E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, WEDNESDAY, JANUARY 28, 2015 No. 14 Senate The Senate met at 9:30 a.m. and was ing amendments to the bill. I want to capable of defying the powerful special called to order by the President pro commend Chairman MURKOWSKI and interests that oppose Keystone so we tempore (Mr. HATCH). Senator CANTWELL for working with can get things done for the middle f our colleagues to get literally dozens class. and dozens of amendments up and Constructing this infrastructure PRAYER voted on in the 3 weeks we have been project would pump literally billions of The Chaplain, Dr. Barry C. Black, of- working on this bill. dollars into our economy. It would sup- fered the following prayer: Now it is time to get through the re- port thousands of jobs, and it would do Let us pray. maining amendments and vote up or it all with minimal environmental im- Answer us, O God, when we call. Be down on passage of this bill before we pact. That is according to what we gracious to us and hear our prayers. leave for the week. have heard from the President’s own Look on our Nation with favor, for f State Department. So it makes sense Your promises are sure. We thank You to get this bipartisan legislation to the that so many of our Nation’s Founders MEASURE PLACED ON THE President for his signature. We hope he put their trust in You. Lord, make us CALENDAR—S. 272 will sign the Keystone jobs bill into worthy of this godly heritage. Mr. MCCONNELL. Mr. President, I law. The President should expect more May Your presence on Capitol Hill understand there is a bill at the desk good ideas to head his way. today so influence our Senators that that is due for its second reading. That is the goal of this new Congress. the thoughts they think and the words The PRESIDING OFFICER. The We want to get Washington func- they speak will honor You. clerk will read the bill by title for the tioning again, and we want to pass Don’t be far from us, Lord, but con- second time. commonsense ideas. The Keystone de- tinue to be our hope for years to come. The assistant legislative clerk read bate is showing how we can do both. Help us to remember how You have as follows: One other issue. I am certainly glad sustained us in the past as You provide A bill (S. 272) making appropriations for to see President Obama dropped his for our daily needs. the Department of Homeland Security for plan to make it harder for the middle We pray in Your strong Name. Amen. the fiscal year ending September 30, 2015, and class to save for college with 529s. I The PRESIDENT pro tempore. for other purposes. fought to ensure these plans were tax- Thank you, Dr. Black. Your prayers Mr. MCCONNELL. Mr. President, in free at the Federal level. Thanks to are wonderful. order to place the bill on the calendar this incentive to save, literally mil- f under the provisions of rule XIV, I ob- lions of Americans use 529s to help pre- ject to further proceedings on this pare for college expenses. These are PLEDGE OF ALLEGIANCE measure. good plans that promote responsible The President pro tempore led the The PRESIDING OFFICER. Objec- savings. I am not sure why President Pledge of Allegiance, as follows: tion is heard. Obama would have sought to under- I pledge allegiance to the Flag of the The bill will be placed on the cal- mine them in the first place, but it cer- United States of America, and to the Repub- endar. tainly is good to see the President lic for which it stands, one nation under God, f coming around to Republicans’ pro- indivisible, with liberty and justice for all. middle-class view on this matter. KEYSTONE ENERGY DEBATE AND f 529S f RECOGNITION OF THE MAJORITY Mr. MCCONNELL. Mr. President, RECOGNITION OF THE ACTING LEADER thanks to the bill managers’ efforts MINORITY LEADER The PRESIDING OFFICER (Mr. that I just referred to, along with the The PRESIDING OFFICER. The as- PAUL). The majority leader is recog- years-long work undertaken by Mem- sistant Democratic leader is recog- nized. bers on both sides—Senator HOEVEN in nized. f particular—we expect this bipartisan f bill to finally pass the Senate. SCHEDULE We expect the filibuster of good DEPARTMENT OF HOMELAND Mr. MCCONNELL. Today the Senate American jobs to soon come to an end. SECURITY FUNDING will resume consideration of the Key- That is good news for the Senate. It is Mr. DURBIN. Mr. President, 30 days stone bill. There are up to 18 rollcall even better news for the people we rep- from today, on February 27, the De- votes scheduled this afternoon on pend- resent. It would show their Congress is partment of Homeland Security, the

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

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VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.000 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S550 CONGRESSIONAL RECORD — SENATE January 28, 2015 lead agency in protecting America view. He says our homeland security is to him and said, Mr. President, while from terrorism, will run out of money. already at risk because the Depart- the Senate and Congress debate the fu- The only way to prevent this impor- ment is operating under a short-term ture of the DREAM Act, there are lit- tant government agency from shutting funding bill known as a continuing res- erally thousands of these young people down is for Congress to pass legislation olution. Listen to what Secretary who have no future in America. They to fund the Department and to do it Johnson said: ‘‘As long as this Depart- don’t know which way to turn. They quickly. ment continues to operate on a [con- can’t get drivers licenses. They can’t This morning, we moved to the sec- tinuing resolution], we are prevented go to school with any government as- ond reading, what is known as a clean from funding key homeland security sistance. They don’t have any basic appropriations bill, which will provide initiatives [including] new grants to idea what their future is going to be. resources for this critical Department. state and local law enforcement [and] The President said, here is what I I hope the Senate can take that up additional border security resources.’’ will do. I will create this Deferred Ac- quickly and pass it quickly as well. How many times have we heard from tion for Childhood Arrivals Program, We should not even be debating the the other side of the aisle the highest the DACA Program. If these young peo- funding for the Homeland Security De- priority in America is our border secu- ple will come forward, if they will sub- partment. Every other government rity? Many of us agreed and voted for a mit a filing fee to cover the cost of the agency has been funded through the comprehensive immigration reform program, if they will submit them- end of the fiscal year, the end of Sep- that folded more resources than ever selves to background checks, then we tember, but not the Department of into protecting the border. Now the will give them temporary status in Homeland Security. The House Repub- same people, the same elected officials, America—temporary status in Amer- licans insisted on separating this crit- who have been arguing for a strong ica. We are not making them citizens ical agency from the rest of the Fed- border are underfunding the Depart- or declaring them legal forever. We are eral Government and treating it dif- ment with that responsibility. The Sec- saying they can go to school and work ferently, giving it temporary funding— retary reminds us their approach to without the fear of deportation. what is known as a continuing resolu- this is going to jeopardize investments We estimate there are 2 million tion—and making it extremely dif- in border security. young people in our Nation of 350 mil- ficult for the Department of Homeland What are these amendments the lion-plus who would qualify for this Security to do its job to keep America House Republicans feel so strongly DACA treatment. Six hundred thou- safe. about that they are willing to risk the sand have in fact registered in the 21⁄2 Why did the Republicans insist that funding of this critical agency? The years since the President’s decision. this one agency be treated differently, bill the House passed would defund DACA put on hold deportation so these funded in a way that it can’t do its job President Obama’s immigration poli- young people who grow up in this coun- effectively? They are using the dead- cies, including the Deferred Action for try would have a chance. These are the line, the end of February, on this De- Childhood Arrivals Program known as DREAMers. They are the ones we have partment’s funding in an attempt to DACA. referred to over and over on the floor force the Senate to accept extreme A quick history about how we and tell their stories. anti-immigrant amendments that have reached the point we are at today. It Think about it. America is already been attached to the homeland secu- was 14 years ago when I introduced the invested in these young people. We paid rity bill in the House. The House Re- DREAM Act. The DREAM Act was de- for their education. We sent them to publicans’ message to the Senate is signed to take care of children brought the classrooms in the schools. They very straightforward: Accept our con- to America by their parents, children stood there every morning by their troversial immigration amendments or who were undocumented, and to give desk, hand over their heart, pledging we will shut down the Homeland Secu- those children a chance, if they led a allegiance to the same flag we pledged rity Department. That is the height of good life and finished school, if they allegiance to this morning. They sang irresponsibility. Now is not the time to were prepared to go to college or join the only national anthem they have play politics with homeland security. our military, to have a path to legal ever known. They are just asking for a Just this weekend the world wit- status. Over the years this has been de- chance. nessed another horrible terrorist act, bated widely. Even many Republican Over the years I have come to the the beheading of a Japanese hostage by leaders have stepped up and said, well, floor to tell their stories because leav- the terrorist group ISIS. In light of the it is fundamentally just. Why would ing the explanation at this point really terrorist threat we currently face, it you hold the children responsible for a doesn’t touch on the reality of who would be the height of irresponsibility decision made by their parents to come these DREAMers are. I am going to tell to shut down the Department of Home- to this country? Why would you jeop- another story this morning, and I want land Security as threatened by the ardize the future of a child because the the record to show this young man I House Republicans. That is one of the parents came here, overstayed their am about to speak about, Juan Rios. key government agencies charged with visa, or failed to file the necessary pa- He is a person whom the House Repub- protecting Americans. pers for their child? Even former Ar- licans want to deport. They have said Today I am calling on the Senate ma- kansas Governor Huckabee, inter- by their vote—by the amendment they jority leader for a clean appropriations viewed this Sunday on television, made put on this appropriations bill—they bill that we moved forward on the cal- that very point. You don’t arrest a par- want Juan Rios to leave the United endar this morning. Let’s pass this bill. ent for speeding in the front seat and States of America. That is their goal, Let’s make sure we do it in a timely then arrest the baby sitting in the deport the DREAMers, all of those who way. Let’s fund this Department. back seat for speeding. He made that have signed up for DACA and those who Some Republican leaders are arguing, point in light of his decisions as the might sign up. That is just part of what well, it is not such a big deal, giving Governor of Arkansas. they are trying to achieve. But that to temporary funding to the Department Over time this concept of the me is the starting point that ought to of Homeland Security, playing roulette DREAM Act has been moving toward be our starting point for debate. with the prospects of whether it will be acceptance by both political parties Juan Rios was brought to the United funded for the rest of this fiscal year. but moving very slowly. For 14 years States when he was 10 years old. In Last week the Republican chairman we have been debating this one simple high school Juan decided what his call- of the Senate homeland security com- idea, that children should not be held ing was. It was military service. He be- mittee here in the Senate reportedly responsible for the wrongdoing of their came a leader in the Air Force Junior said, and I quote, that he ‘‘isn’t that parents, that young people brought to ROTC in his high school, group com- concerned about the potential shut- this country and undocumented should mander, and armed drill team captain, down of the Homeland Security De- be given a chance. And, of course, 21⁄2 and he rose to the rank of cadet lieu- partment.’’ years ago, President Obama did some- tenant colonel. Jeh Johnson, the Secretary of Home- thing. He did it at the request of many This photo is of Juan in uniform in land Security, has a much different Senators, including myself. We wrote high school. His dream was to attend

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.002 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S551 the Air Force Academy. Of course, it is this great country from so many dif- RESERVATION OF LEADER TIME a dream that couldn’t happen. He is un- ferent places, and we bring so many The PRESIDING OFFICER. Under documented. Instead, he enrolled in Ar- different cultures, languages, religions, the previous order, the leadership time izona State University. ethnic backgrounds, and cuisines. We is reserved. In 2010 Juan Rios graduated from Ar- bring it all here, and we make it part f izona State University. What course of America’s future. did he study? It was a degree in aero- I know a little bit about this story MORNING BUSINESS nautical engineering. He is some stu- because my mother was an immigrant The PRESIDING OFFICER. Under dent. herself. She was brought here at the the previous order, the Senate will be This is a picture of him at his grad- age of 2. Today I stand on the floor of in a period of morning business for 1 uation. But after he graduated with his the Senate representing the great hour, with Senators permitted to speak degree in engineering, he didn’t know State of Illinois. That is my story. therein for up to 10 minutes each, with which way to turn. He couldn’t enlist That is my family story. That is Amer- the Republicans controlling the first in the military like he wanted to. He ica’s story. half and the Democrats controlling the couldn’t work as an engineer because There is something else I would say second half. he was undocumented. His talents were to the critics of immigrants. Immi- The Senator from Wyoming. wasted. He sent me a letter at that grants bring something special to f time and said: America. Each one of these immigrant WORKING FOR THE AMERICAN The United States of America is the coun- families took the greatest risk of their try I want to live my life in, where I want to PEOPLE lives to come to America. Some of flourish as a productive citizen, where I want Mr. BARRASSO. Mr. President, last them literally risked their lives to do to grow old among my lifelong friends and November the American people sent an it. Others came to this country where where I want to one day fall in love and raise unmistakable message to Washington, they didn’t speak the language, knew a family. DC. Voters across the country said very few people, and didn’t have any So what happened to Juan after they were tired of the gridlock and idea what their future would be. But DACA, when the Executive order gave they were tired of the lack of action by they had heard about this America him the opportunity to have temporary the Democratic-led Senate. place, and they believed this was a bet- protection and not be deported? In Feb- Well, we are now working again for ter opportunity for them and for their ruary 2013, after signing up for DACA, the American people because voters kids. I am sure that is what brought he interviewed for his first engineering said it was time for a new majority— my family to this country—my mother job. Today Juan is working as a me- the Republican majority—to get the to this country—and I am sure that is chanical engineer in the semiconductor Senate working again and to get Amer- what has brought a lot of people. industry. ica on a better course. Republicans At the age of 27 he learned how to That is part of our DNA. Those immi- heard the message. We heard it loud drive and bought his first car. After grants, their courage, and their deter- and clear, and we have been doing ex- living in Arizona for 17 years, he was fi- mination to be part of America and its actly what the American people have nally able to visit the Grand Canyon future really bring to this country an sent us here to do. for the first time. energy that just can’t be matched in Under Republican leadership the Sen- Juan sent a letter to me last week many other places in the world. ate is working again for the American and said: House Republicans would kill that people, and the best example of that is I am fortunate to have found the oppor- dream, and they have showed us that the bill we are considering now in the tunity to prove myself as a professional and by this horrible amendment they have Senate on the Keystone XL Pipeline to work in a place where I feel my contribu- attached to the Department of Home- project. The Obama administration has tions are valued and recognized. The past two years have changed my life in every way land Security appropriations. blocked and delayed this job-creating imaginable. I think DACA is a responsibility, They think America is stronger if we project for 6 years. Now Republicans a privilege, and an opportunity for everyone tell Juan Rios to leave. I don’t. It is are moving forward. We are moving it who receives it to demonstrate that we as a shameless to play politics with the life forward as well. We have had an open community of Dreamers have so much to of this young man and hundreds of debate on the bill, and we have allowed contribute to society. thousands of others. It is just shame- amendments to the bill. Juan Rios is trying to prove to every- less to put homeland security funding Imagine that. We are actually debat- one that he is worth this investment, at risk, to punish Juan Rios for having ing legislation on the floor of the Sen- that he is worth this trust. He has done been brought to this country as a child. ate, and Senators are actually offering it. He will continue to do it. The House Republicans feel so amendments to that bill. So why in the world do the House Re- strongly about deporting DREAMers We are all familiar with the mile- publicans want to deport Juan Rios? they are willing to hold up the home- stone the Senate reached last week. Why do they want to give up on this land security funding bill. The House Last year, under the Democratic lead- young man, with his idealism, his de- Republicans are telling the Senate and ership, there were a total of 15 up-or- termination, and his record of accom- the President: Deport the DREAMers down votes on amendments—15 for the plishment? Why do they want him to or we are going to shut down the agen- entire year under HARRY REID. That is leave the United States of America? cy responsible for protecting America all the Democratic leader allowed. Well, it is because he was brought from terrorism. But by the end of the day last Thurs- here as a 5-year-old—undocumented. day, we completed our 25th amendment For that decision by his parents, the I hope the Senate majority leader vote. Just 22 days into the year, the House Republicans would say: We have will reject this blackmail, and I hope Senate had already been more produc- no use for Juan Rios. We don’t want that in the spirit of the Senate, where tive on amendments than it was on 365 him to stay. we came together on a bipartisan basis days under Democratic leadership. There are so many other stories simi- to pass immigration reform almost 2 We didn’t stop there. Today the Sen- lar to this one. It is clear that DACA years ago, we will reject this hate- ate will vote on up to 18 more amend- works for America. I have been to Chi- filled message from the House Repub- ments to the Keystone jobs bill and cago so many times and met with these licans. then another 12 after that. DREAMers. I know these young men For our part, Senate Democrats will Several Democratic Senators com- and women. I believe in them, and I be- insist that the Department of Home- plained the other day about what they lieve they are going to make a dif- land Security be funded and that the said was a lack of amendment votes on ference in this country. President have the authority—which this bill. Well, where were they last I also want to remind my friends on every President has had—to establish year when the Democratic leader al- the Republican side of the aisle that his own immigration policies. lowed only 15 votes to get an up-or- America is a nation of immigrants. Our I see there is another colleague on down vote on an amendment for an en- diversity is our strength. We come to the floor. I yield the floor. tire year?

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.003 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S552 CONGRESSIONAL RECORD — SENATE January 28, 2015 Senator SCHATZ and Senator MAR- been stuck in Washington’s bureaucrat The President should reconsider each KEY, two Democrats, had never had a gridlock. and every one of these veto threats. vote on one of their amendments in the The Senate is going to be acting to The Senate is moving forward. The Senate before Republicans gave them a get these projects moving. That is why White House is putting up roadblocks. vote last week. Senator COONS will get the American people sent us to the That is not what the American people his first vote on an amendment today. Senate. It is how the Senate is sup- were asking for in November. The All of these amendments aren’t the posed to work. Committees consider American people want us to work to- only way again the Senate is working the ideas on both sides, the bills get de- gether to get things done, to make for the American people. Another is bated in committee and on the floor, their lives better. It is about them. It going to happen on Thursday. The En- and every Senator has a chance to talk is not about the people who sit in this ergy and Natural Resources Committee about it and then to offer amendments body, it is about the American people— is going to hold a hearing on a bill that that might improve legislation. That is their quality of life, people living pay- I introduced earlier this month. how it has always worked before. It is check to paycheck, day to day, what We have four Republican sponsors on a slow process. It was meant to produce their lives are about. that bill and four Democratic sponsors: consensus. The Republican Congress and this Senators HEINRICH, BENNET, HEITKAMP, The majority leader, HARRY REID, Senate continue to listen to the Amer- and KAINE. It is the LNG Permitting changed all of that. The Democratic ican people. The President of the Certainty and Transparency Act. Now majority leader did everything he United States continues to ignore Senator TOOMEY, a Republican, was could to block amendments and to by- them. added as cosponsor, and Senator pass and to skip committees. Did he do I yield the floor, and I suggest the ab- UDALL, a Democrat, was added as co- it to make better laws? No, not at all. sence of a quorum. sponsor. So there are five Republican Did he do it to speed up action so the The PRESIDING OFFICER (Mr. COT- and five Democratic cosponsors. Senate could be more productive? Of TON). The clerk will call the roll. This is an idea that the House consid- course not. The assistant legislative clerk pro- ered last year, and it passed with bipar- It was a transparent campaign tactic ceeded to call the roll. Mr. MORAN. Mr. President, I ask tisan support. Forty-six Democrats to keep vulnerable Democratic Sen- unanimous consent that the order for voted in favor of increasing America’s ators from having to take tough votes. the quorum call be rescinded. exports of liquefied natural gas. The Even Democrats couldn’t get votes on The PRESIDING OFFICER. Without House is expected to vote again and their amendments. Well, that gimmick objection, it is so ordered. pass a bill like this one this week. This by HARRY REID—the campaign tricks— is an idea that has bipartisan support failed, and the American people were f in the Senate as well. So it should be a not fooled. FAIR TAX ACT no-brainer. Plans to send American en- That is one of the reasons voters Mr. MORAN. Mr. President, we have ergy overseas are wrapped up in Wash- across the country chose Republicans had a lot of talk—certainly in the last ington redtape, and Americans who are to lead both Houses of Congress. The year or so and certainly as this new eager for the jobs on these projects American people said they deserve bet- session of Congress begins—on the im- continue to wait. ter, and the American people are abso- portance of tax reform. Our country is This bipartisan bill will do a lot to lutely right. The American people want at a point in time where we certainly fix that problem. It would set clear Democrats to start working with Re- are no longer competitive globally. The deadlines for Washington to make publicans to get things done. economy now is one that works against timely decisions on these import per- That is what Senator HEINRICH and us because of our Tax Code. I think mits—export permits, important per- I—and others who are cosponsoring there is general consensus in the Sen- mits to export liquefied natural gas. this measure today—are doing with our ate that reforming the Tax Code is of Once there has been an agreement bill. The American people want an hon- significant importance, something that and an appropriate environmental re- est debate on important issues such as must be done. view, the Secretary of Energy will have the Keystone jobs bill, as well. The I am often asked not only when I am only 45 days to act on a permit applica- American people want their represent- back in Kansas but here in Wash- tion. Increasing American natural gas atives in the Senate to be able to offer ington, DC: Do you expect there to be exports would do three important amendments to bills such as this one. broad-based tax reform? And we keep things. That is how the Senate should work. guessing about the likelihood of that No. 1, it would create jobs. That is, of That is how the Senate is working happening. course, most important. These are under Republican leadership, and that I think it is typical of elected offi- American jobs, jobs for Americans. The is how it is going to continue to work. cials, politicians, to always talk about private sector wants to create these So I am pleased to see the votes are the need for comprehensive tax reform. jobs—not government jobs but private going to be held on these amendments. We talk about lowering rates, making sector jobs. I am pleased to stand and cast my vote the tax system more fair, less bureau- No. 2, it would help to reduce our Na- on behalf of the people of Wyoming. I cratic, less paperwork. I certainly join tion’s trade deficit. The trade deficit look forward to more votes, more de- in those sentiments and believe that currently stands at $39 billion. bate, and more consideration of ideas the current circumstance we have in No. 3, these exports would support from both sides of the aisle. regard to our Tax Code is such that it our American allies. Last year Russia It is interesting that President limits the freedom of Americans— invaded Ukraine and seized control of Obama has threatened to veto eight American business men and women, in- Crimea. Why? Largely because of the separate pieces of legislation so far dividuals, and their families. We make natural gas facilities there. this year. It is interesting to the point way too many decisions based upon the There was a group of Senators who that it has a headline in today’s USA consequences of those decisions and were actually in Ukraine. I was one of Today, page 2A: ‘‘Obama veto threats how they are affected by the Tax Code. them the day the Russian helicopters are at record high.’’ Veto threats are at So I am all on board on tax reform, landed just north of the gas plants a record high. but I wish to talk about what I believe there. This was about the gas. Well, we The President has said he will veto is the best solution toward tax reform. could help reduce the threat Russia another two bills that haven’t even And it is not tinkering with the cur- poses to Europe by offering more op- been introduced yet. If they haven’t rent system; it is an overhaul of the tions for our allies to buy American even been introduced, how does he current Tax Code. natural gas. know what they are going to say? How I have joined my colleague from There is no good reason for the end- does he know what they are going to Georgia, Senator PERDUE, in once less delays on these export permits. say once they go through the process of again introducing the fair tax plan. I Our bill would speed up the process. being amended, passed in the House, started a long time ago in Congress, These export projects are job creators passed in the Senate, and get to his knowing that we needed to make sig- with bipartisan support. They have desk? nificant changes in our Tax Code, with

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.004 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S553 the belief that most Americans ought harmful to those at lower income lev- tions, where his statesmanship-like to be able to file a tax return without els. So the Fair Tax takes that into ac- path to a reasonable solution on this the need of professional help, that we count by providing a pre-rebate for very complex and crucial issue will be ought to be able to make decisions that those who fall below certain poverty enormously important to the future. are in the best interests of ourselves, income levels so that the basics—the The Department of Homeland Secu- our families, and our businesses with- things we by necessity need to by in rity is one of the most significant de- out always going to the Tax Code to our individual daily lives—are not cov- partments in the U.S. Government. It see what the consequences of those de- ered by a tax, therefore creating great- has a mandate that is as complex and cisions were. I looked at a variety of er progressivity to what otherwise proposals that were being considered at would be a more regressive tax and crucial as any in keeping American the time and continue to be considered something that I think is still impor- citizens and communities and capabili- today and ultimately reached the con- tant in this country to make certain ties safe and secure in a dangerous, clusion that the Fair Tax is the best we don’t overtax those at the lowest complex, and threatening world. option for significant reform. I wish to income levels in the United States. In my family, when I was growing up, speak for just a minute about why I Certainly, our current Tax Code has we had a saying: Don’t cut off your think that is the case. significant complexities with all the nose to spite your face. Unfortunately, As I said, Senator PERDUE and I in- paperwork. By some estimates, U.S. that path is exactly what some of my troduced S. 25, the Fair Tax Act of 2015. companies are currently holding over colleagues are choosing to follow in I have been a cosponsor of that legisla- $20 trillion overseas. With the passage threatening to stop funding for the De- tion. It was originally introduced in of the Fair Tax, foreign investments partment of Homeland Security. the Senate by the former Senator from would no longer continue to sit on the We are reminded of the importance of Georgia, Mr. Saxby Chambliss, and I sidelines when they could be brought am pleased to now succeed him in his back to America to drive economic this Department not only as terrorism efforts to see that not only is this topic growth and create jobs. For inter- raises its ugly head repeatedly abroad discussed in Congress but ultimately national businesses looking to relocate but also as perhaps more benign that the Fair Tax Act becomes law. It to the United States, the Fair Tax threats exist at home—the most recent is a significant step in the direction of would be a welcomed sign. But the Fair of them, the snowstorm that hit the individual freedom. Tax also benefits the consumer. It also Northeast within the past couple of I would highlight for my colleagues— benefits the everyday citizen, as I said, days. The Department of Homeland Se- and I have said this on the Senate floor because of the pre-rebate. curity is not only engaged in a fight before—I think the greatest responsi- With my time being short, I look for- against terrorism, not only engaged in bility we have as American citizens is ward to having a dialogue on the Sen- keeping America safe from threats to pass on to the next generation of ate floor and in the committees over abroad but is engaged in a wide variety Americans the freedoms and liberties the next few months, and I ask my col- of other tasks that have to do with the guaranteed by our Constitution and leagues to seriously take a look at S. Nation’s security. That is the key word the opportunity for every American to 25 and to join the Senator from Geor- in its title—‘‘security.’’ live the American dream. The Fair gia, Mr. PERDUE, and me and others in Americans fear more deeply than Tax, in my view, brings both of those promotion of a program that reduces ever before that their security is goals front and center. Greater freedom the complexity of the Tax Code in our threatened—economic security by stag- and protection of individual liberties is lives, rids us of the Internal Revenue nating incomes, foreign security as the certainly a component of the Fair Tax, Service, protects the progressivity of world becomes more volatile and un- and the opportunity for every Amer- the tax circumstance we find today, predictable and more threatening, and ican to pursue the American dream is a and most importantly, allows us to domestic security as threats abroad result that comes from the Fair Tax. It continue to pursue the American metastasize within our own borders. is that Fair Tax direction and indi- dream and promotes our individual vidual freedom that caught my atten- freedoms and liberties. Many people equate the concept of tion. It is the concept our Founding The Fair Tax is worthy of people’s security at home or homeland security Fathers knew so well. consideration. It ought to be more than with protection against extreme vio- The PRESIDING OFFICER. The Sen- just a talking point. It deserves a de- lence from abroad, violent extremism ator’s time has expired. bate, a discussion, a vote, and consider- spawning from abroad and in fact stop- Mr. MORAN. I ask unanimous con- ation by the Senate. ping those threats. Finding the wrong- sent for additional time. Mr. President, I yield back the re- doers and stopping them is one of the The PRESIDING OFFICER. Is there mainder of my time, and I suggest the major tasks the Department of Home- objection? absence of a quorum. land Security has, but it has a myriad Without objection, it is so ordered. The PRESIDING OFFICER. The of additional responsibilities that in- Mr. MORAN. Mr. President, the Fair clerk will call the roll. clude aiding the victims of natural dis- Tax repeals all Federal, corporate, and The assistant bill clerk proceeded to asters and extreme weather, citizen- individual taxes, payroll taxes, capital call the roll. ship and immigration, routinely han- gains taxes, and estate and gift taxes Mr. BLUMENTHAL. Mr. President, I dling matters that involve legitimate and replaces them with a revenue-neu- ask unanimous consent that the order applications for visas for entry into the tral personal consumption tax. The for the quorum call be rescinded. United States, and it fights the scourge Fair Tax allows Americans to keep the The PRESIDING OFFICER. Without of human trafficking. I am privileged entirety of their income, putting indi- objection, it is so ordered. to have a Caucus on Human Traf- viduals in charge of their own finances, f ficking with my colleague Senator ROB not the government—or, more specifi- PORTMAN. So I know it forms a diverse cally, not the Internal Revenue Serv- DEPARTMENT OF HOMELAND SECURITY FUNDING collection of responsibilities that are ice. crucial to security. All Americans should be able to trust Mr. BLUMENTHAL. Mr. President, I the IRS, which exercises great author- am very pleased to be here today to In fact, the Department of Homeland ity over the lives of Americans in this speak to my colleagues about funding Security’s responsibilities are com- country, but we know from past experi- for the Department of Homeland Secu- prehensive—so much so that it is sim- ences that expectation is no longer rity and to be followed by one of my ply unacceptable to play politics with founded. So getting rid of the Internal most valued colleagues, Senator its crucial mission. It is irresponsible Revenue Service is a significant benefit MENENDEZ, whose leadership on this to hold its funding hostage in a dan- that comes from the passage of the issue has been extraordinarily impor- gerous game of fiscal chicken and Fair Tax. tant. I am also pleased to work with threaten daily activities that are vital I recognize that consumption taxes him on a letter he sent yesterday to to America’s present and future secu- can be regressive, meaning they are the President concerning Iran sanc- rity.

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.006 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S554 CONGRESSIONAL RECORD — SENATE January 28, 2015 That is why we are here, because that we will keep the lights on at the prevent the President from taking law- some of my friends across the aisle be- Department of Homeland Security, ful action to help DREAMers and im- lieve stopping the President from exer- that we will shine the light on threats migrant families to come out of the cising discretion on certain immigra- to our security that need to be exposed shadows after they pass a criminal tion issues affecting specific individ- and pursued, that we will further the background check, register with the uals in this country is worth security of this Nation and protect the government, and get right with the law hamstringing and undercutting the en- public by making sure the DHS funding in exchange for being allowed to tem- tire Department of Homeland Security as a clean bill is approved right away porarily stay in the country and obtain and forcing an enormous amount of its and that we move forward to make a work permit. vital work to grind to a halt. That is sure DHS continues its vital service to The bottom line is clear: Republicans the game of chicken we have. The the American people. are doing all of this just to prevent a President is expected to relent if the Mr. President, I yield the floor and clean Department of Homeland Secu- Department of Homeland Security is suggest the absence of a quorum. rity funding bill from being sent to the stopped from functioning, but it is a The PRESIDING OFFICER. The President, a critical funding bill that game that has no place in this Cham- clerk will call the roll. the President has rightfully promised ber or in this government. The assistant bill clerk proceeded to to veto should it include their anti-im- We can agree or disagree with the call the roll. migration amendments, a veto which President, and I disagree with the De- Mr. MENENDEZ. Mr. President, I ask Congress will not override. It is a fool’s partment of Homeland Security on cer- unanimous consent that the order for political errand that is neither good tain of its policies; for example, on de- the quorum call be rescinded. policy nor particularly humane. taining children which it has done rou- The PRESIDING OFFICER. Without Our friends on the other side have ac- tinely on a grandiose scale. I have in- objection, it is so ordered. cepted these anti-immigrant poison cluded an amendment in the measure Mr. MENENDEZ. Mr. President, as pill amendments, knowing full well for immigration reform that passed the we approach the near end—I think—of they will sink the Department of Senate. It would stop it from detaining the votes and legislation on the Key- Homeland Security funding bill be- children—a practice I consider shame- stone Pipeline—I know we are having a cause they have allowed extremists, ful and unacceptable—and I have a long series of votes later today—I know such as STEVE KING, to dictate the par- list of other changes I would like to see what is likely to be next up is the ques- ty’s strategy on immigration. made in DHS policies. But the way to tion of Department of Homeland Secu- Let’s not continuously go down this effectuate those changes in my view is rity funding. I hope we can come col- dark path of partisanship instead of not to withhold funding to stop DHS in lectively together to fund the Depart- funding national security programs to its tracks of providing security for the ment of Homeland Security, the De- keep our families and our communities American people, it is to amend the partment that keeps us safe in an un- safe. In my view it is shamefully and laws to persuade our colleagues to un- safe world, the Department we created woefully irresponsible for Republicans dertake the legislative process and to after September 11 to bring together to hold up funding for operations that appeal ultimately to the court of pub- disparate government agencies, all protect every American against ter- lic opinion which can render a verdict charged with keeping our cities, our rorism in the wake of what happened in far more powerful than the tactics in- ports, our airports, our railways, high- France and against cyber attacks at a volved here. Chipping away at the ways, bridges, and neighborhoods safe time when North Korea just carried President’s authority by not only un- from the threat of global terrorism. I out a dramatic attack against a major dercutting him but stopping one of his particularly understand that as a Mem- American corporation. departments is reprehensible. So I urge ber of this body who represents, ac- This is not a time to hold up funding my colleagues to cease this tactic. cording to the FBI, the most dangerous to help the Department of Homeland The President needs discretion. In 2 miles in America, the chemical Security investigate cyber crime that fact, I know as a prosecutor, as a coastway, airports, seaports along the could cripple America’s electronic in- former attorney general, and as a one- Hudson waterfront. This is the Depart- frastructure or when the world is a tin- time U.S. attorney for Connecticut ment that funds emergency manage- derbox of jihadists and would-be home- that discretion is essential. There is no ment in our communities. It protects grown terrorists willing to die for a way any authority can prosecute every the President. It is engaged in all do- perceived version of Islam. crime. So prosecutors need to select mestic counterterrorism efforts. If Republican colleagues want to seri- cases based on severity of offense and But what are we doing instead? We ously consider this ill-conceived ap- most important the danger to the pub- are being asked, as one of the new Re- proach, they will be forcing a shutdown lic because ultimately protecting the publican majority’s first acts of this of the Department of Homeland Secu- public is what security requires. That Congress, to shut down the Department rity—a shutdown of our national secu- is true as well for the Department of of Homeland Security. Why? Because rity infrastructure to pursue their Homeland Security. some of our friends on the other side agenda of mass deportations that will The President has exercised his dis- are willing to take a gamble and put tear families apart, an agenda that em- cretion in a way I find laudable. The politics ahead of national security, a braces a system that doesn’t distin- exigencies of the present immigration thinly veiled political stunt in response guish between deporting a working system require the exercise of discre- to the lawful actions of the President mother with U.S. citizen children and a tion. The President has done it in a of the United States to do something convicted felon. way that is responsible and upholds his to fix our broken immigration system. Instead, I urge my friends on the duties as Commander in Chief. But Their message is pretty simple: repeal other side to join us and pass a bal- even if I disagree with the President on the President’s lawful Executive ac- anced and comprehensive bill. Let’s that exercise of discretion with respect tions on immigration or shut down the talk. Let’s sit down again and find to immigration, I would never use this Department of Homeland Security. common ground, as we did in the last tactic of withholding funding for an en- Make no mistake, that is the textbook Congress where this Senate came to- tire department, affecting all of its ac- definition of pure politics: not caring gether on a bipartisan basis with over tivities and implicating and undercut- what its impact might be, not caring 67 votes to send a bill to the House of ting security in so dangerous a way. whom it might hurt, not caring about Representatives that dealt with our My hope is we will debate immigra- the families whom it will tear apart, broken immigration system, provided tion policy, that we will approve an im- and the fact that it will put our Na- for our national security, promoted our migration reform bill, that it will be on tion’s security at risk. national economy, and at the same a bipartisan basis just as it was during I have been in this Chamber and in time made sure our legacy and history the last session, that there will be a lot the other Chamber for over 20 years, as a nation of immigrants was pre- of good-faith disagreement on the floor and I don’t think I have ever seen such served. The answer is not holding up of this Chamber about those policies a cavalier political recklessness played national security funding at a critical and about the President’s actions but with our national security. Why? To time, not turning our backs on the

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.008 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S555 hard-working men and women at the to deport the parents of U.S. citizen of the shadows, register with the gov- Department of Homeland Security in and lawful permanent resident chil- ernment, pass a background check, and law enforcement who are protecting dren. One of the most mean-spirited join their daughters in their pursuit of our borders, our airports, and our amendments would prohibit the use of the American dream—unless, of course, coastlines. It is not about trying to Federal funds or resources to consider the Republicans get their way. score political points by conflating na- or adjudicate any new, renewed, or pre- We cannot let that happen, and I will tional security and immigration re- viously denied application for deferred do everything to ensure that we will form, which will only make it harder action for childhood arrivals. not let that happen. These are the real to address security issues at home and Let’s call this amendment what it is: faces of our broken immigration sys- almost impossible to move forward on It is an amendment to deport DREAM- tem. There are many families like the comprehensive immigration reform. ers and targets all of those young peo- Morales-Cano family who have been Let’s look at what my Republican ple who came forward and signed up in and remain an economic resource we colleagues are so opposed to. They are good faith. I will give an example of cannot afford to waste. They are hard- opposed to new DHS directives that in- whom these amendments attack. working families who simply want to clude a rigorous application process I wish to remind my colleagues of be full participants in American life, that will ironically help eliminate na- who the DREAMers are. DREAMers are full contributors to the American fam- tional security threats. They seem to young people who came to this country ily, and they want to remain united as be opposed to the fact that applicants through no choice of their own. The a family. We should want them to re- will have to come forward and register only flag they have ever pledged alle- main united. with the government. They will have giance to is that of the United States I have listened to so many speeches to pass criminal background checks be- of America. The only national anthem here about family values. Well, the fore they can receive a temporary re- they know is the ‘‘Star-Spangled Ban- core of a family value is a family being prieve from deportation and a work ner.’’ Their country is this country. able to stay together, integrated and permit. No violent criminals, gang I was fortunate to speak with people helping each other and driving each members, or terrorists will be able to like the Morales-Cano family 2 weeks other to success and supporting each take advantage of the program. They ago in New Jersey. They are a family other. Ripping families apart is not a seem to be opposed to allowing immi- of six, including 13-year-old, U.S.-born family value. grants who are not a public safety or Rebecca Morales. Their lives have dras- We must see through the smoke and national security threat to come for- tically improved thanks to the pro- mirrors and do what is right for Amer- ward and request deferred action, gram Republicans are hoping to dis- ica. Let’s stop playing political games. meaning there will be fewer people liv- mantle. If the Republicans are success- Let’s defeat these poison-pill amend- ing in the shadows, beyond the reach of ful, Rebecca would be left alone in the ments and pass a clean Department of law enforcement. United States without her parents or Homeland Security funding bill. Let’s These directives identify moms and sisters—an American citizen left alone, not play politics with national secu- dads who have a U.S. citizen or a legal perhaps in foster care, because Repub- rity. Let’s remember the people behind permanent resident son or daughter licans don’t care about prioritizing the the policies. Let’s remember the Mo- and take them out of the deportation deportation of convicted criminals over rales-Cano family and the fate of Re- queue. They also take DREAMers out her mom, dad, and sisters. becca if we allow these amendments to of the deportation queue. The story of the Morales-Cano family pass. The House amendment to the Depart- is a clear example of thousands of deep- With that, I yield the floor and sug- ment of Homeland Security funding rooted families who have waited too gest the absence of a quorum. bill would effectively end the new De- long in the shadows for immigration The PRESIDING OFFICER. The ferred Action for Parental Account- reform. clerk will call the roll. ability Program and the expanded Three years ago, after attending a de- The assistant bill clerk proceeded to DACA Program for DREAMers. They ferred action for childhood arrivals call the roll. would also defund every other aspect of workshop that my office organized in Ms. MURKOWSKI. I ask unanimous the President’s November 20 Executive New Jersey, all three of Rebecca’s consent that the order for the quorum action that would promote border secu- older sisters—Ingrid, Evelyn, and call be rescinded. rity, public safety, military service, Lesly—were given an opportunity to The PRESIDING OFFICER. Without legal immigration, citizenship, immi- begin a new chapter of their lives after objection, it is so ordered. gration integration, entrepreneurship, qualifying for the President’s 2012 De- f civil immigration enforcement prior- ferred Action for Childhood Arrivals ities, including the prioritization of in- Program, joining thousands of others CONCLUSION OF MORNING dividuals with convicted felonies and who had been granted relief. BUSINESS gang activity and terrorist ties for de- Today, look at what this family is The PRESIDING OFFICER. Morning portation. doing Ingrid cares for New Jerseyans’ business is closed. I will repeat that. It includes a health at her job at the Ocean Medical f prioritization. I would think the Sen- Center. Evelyn moved to Illinois to at- KEYSTONE XL PIPELINE ACT ate would want to support a tend the West Coast Bible College and prioritization of individuals who are Seminary. Lesly was able to enroll in The PRESIDING OFFICER. Under here illegally and are convicted felons Brookdale Community College to pur- the previous order, the Senate will re- and part of gang activities or who have sue her dream of becoming a nurse. In- sume consideration of S. 1, which the terrorist ties for deportation and any grid, Evelyn, and Lesly represent the clerk will report. future similar Executive actions. hundreds of thousands of young indi- The bill clerk read as follows: The only directive our Republican viduals who, because of the deferred ac- A bill (S. 1) to approve the Keystone XL colleagues found acceptable, which is tion for childhood arrivals, can ac- Pipeline. interesting—in my mind, you say: tively contribute to our economy with- Pending: Well, none of it can happen by Execu- out fear of losing everything they have Murkowski amendment No. 2, in the na- tive action. But it seems that the only worked to gain. ture of a substitute. thing that did happen by Executive ac- Romeo Morales and Mrs. Magda Cano Vitter/Cassidy modified amendment No. 80 tion that our colleagues found accept- de Morales did not qualify for deporta- (to amendment No. 2), to provide for the dis- able pertains to pay increases for Im- tion deferrals under DACA and have tribution of revenues from certain areas of migration and Customs Enforcement continued to live with the constant the outer Continental Shelf. fear of having their family abruptly Murkowski (for Sullivan) amendment No. officers, which I believe they certainly 67 (to amendment No. 2), to restrict the au- deserve. separated. But thanks to the deferred thority of the Environmental Protection These amendments would break action for parents program, recently Agency to arm agency personnel. apart more families and destroy com- announced by President Obama, both Cardin amendment No. 75 (to amendment munities by ensuring that we continue parents will likely qualify to come out No. 2), to provide communities that rely on

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.010 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S556 CONGRESSIONAL RECORD — SENATE January 28, 2015 drinking water from a source that may be af- Coons amendment No. 115 (to amendment The article then goes on to state that fected by a tar sands spill from the Keystone No. 2), to express the sense of Congress re- yesterday not much of anything hap- XL pipeline an analysis of the potential risks garding climate change and infrastructure. pened on the Senate floor where the Carper amendment No. 120 (to amendment to public health and the environment from a pipeline debate had stalled. leak or rupture of the pipeline. No. 2), to amend the Internal Revenue Code Murkowski amendment No. 98 (to amend- of 1986 to extend the credits for new qualified In fairness, maybe the debate, in ment No. 2), to express the sense of Congress fuel cell motor vehicles and alternative fuel terms of processing amendments on the relating to adaptation projects in the United vehicle refueling property. floor, had stalled out yesterday, but States Arctic region and rural communities. Heitkamp amendment No. 133 (to amend- that did not mean there were not sig- Flake amendment No. 103 (to amendment ment No. 2), to express the sense of Congress nificant and serious negotiations going No. 2), to require the evaluation and consoli- that the Internal Revenue Code of 1986 on between the majority and the mi- dation of duplicative green building pro- should be amended to extend the credit with nority about how we would proceed. grams. respect to facilities producing energy from Cruz amendment No. 15 (to amendment No. certain renewable resources. Sometimes when someone tunes in and 2), to promote economic growth and job cre- Cardin amendment No. 124 (to amendment the Senate is in a quorum call, they ation by increasing exports. No. 2), to clarify that treaties with Indian think nothing is happening. They Moran/Cruz amendment No. 73 (to amend- tribes remain in effect. think the business of the Senate is not ment No. 2), to delist the lesser prairie- Cantwell (for Gillibrand) amendment No. being conducted. I need to assure not chicken as a threatened species under the 48 (to amendment No. 2), to modify the defi- only colleagues but those who watch Endangered Species Act of 1973. nition of underground injection. Daines amendment No. 132 (to amendment Cantwell (for Peters/Stabenow) amend- this process on C–SPAN that in fact No. 2), to express the sense of Congress re- ment No. 55 (to amendment No. 2), to require there is still good business being done. garding the designation of National Monu- a study of the potential environmental im- I think that is what has resulted in ments. pact of by-products of the Keystone XL pipe- our opportunity this afternoon to take Boxer amendment No. 130 (to amendment line. up some 18 different amendments. No. 2), to preserve existing permits and the Murkowski (for Barrasso) amendment No. There are amendments that are all authority of the agencies issuing the permits 245 (to amendment No. 2), to clarify that across the board; 10 of the 18 pending to modify the permits if necessary. treaties with Indian tribes remain in effect. Peters/Stabenow amendment No. 70 (to Daines amendment No. 246 (to amendment amendments are from colleagues on amendment No. 2), to require that the Ad- No. 2), to express the sense of Congress that the other side of the aisle. I think we ministrator of the Pipeline and Hazardous reauthorizing the Land and Water Conserva- are certainly being very generous in Materials Safety Administration make a cer- tion Fund should be a priority. terms of what is out there. We are try- tification and submit to Congress the results The PRESIDING OFFICER. The Sen- ing to ensure that Members who want a of a study before the pipeline may be con- ator from Alaska. vote can have them. structed, connected, operated, or main- Ms. MURKOWSKI. Mr. President, I Again, keep in mind, with a couple tained. hundred amendments that come for- Collins/Warner amendment No. 35 (to am ready to go this morning. I have amendment No. 2), to coordinate the provi- comfortable shoes on. I am ready for a ward, we are going to have a lot of du- sion of energy retrofitting assistance to good, long day and to process a bunch plication. We are going to have issues schools. of amendments. I see the Senate doing people may want to make a statement Murkowski amendment No. 166 (to amend- its work. I know we have important about but might not necessarily want ment No. 2), to release certain wilderness business before the Senate. I know the to ask for a vote on. But those that we study areas from management for preserva- Judiciary Committee is holding the have in front of us today—everything tion as wilderness. from issues relating to solar energy to Sanders amendment No. 23 (to amendment hearing to listen to the comments from No. 2), to increase the quantity of solar pho- Loretta Lynch, who has been nomi- LNG exports, to further discussion tovoltaic electricity by providing rebates for nated to be Attorney General. about climate change, wilderness, wind the purchase and installation of an addi- Obviously these are very important tax credits, the Land and Water Con- tional 10,000,000 photovoltaic systems by issues the committee is discussing servation Fund—are truly all over the 2025. today. Interspersed with all of that, we map. Merkley amendment No. 174 (to amend- are going to be having a relatively long When it is suggested that somehow ment No. 2), to express the sense of Congress series of votes this afternoon, which or other Senator MCCONNELL as the that the United States should prioritize and majority leader is moving back from fund adaptation projects in communities in makes it a little bit choppy and a little the United States while also helping to fund bit chaotic, but we have business to do his commitment to allow for an open climate change adaptation in developing in the Senate. amendment process, so-called free- countries. I am pleased we are at this point wheeling amendments, I don’t think a Merkley amendment No. 125 (to Amend- where I think we can honestly say we whole picture of what is happening on ment No. 2), to eliminate unnecessary tax are looking at the final stretch in this the Senate floor is being painted. In subsidies and provide infrastructure funding. fact it is a very open and considerable Cantwell/Boxer amendment No. 131 (to discussion on the bipartisan, 60-spon- amendment No. 2), to ensure that if the Key- sored bill to approve the Keystone XL process. stone XL Pipeline is built, it will be built Pipeline after more than 2,320 days of I made mention last week that we safely and in compliance with United States delay. broke the records. We blew the top off environmental laws. At this point we are past that last in terms of the number of amendments Tillis/Burr amendment No. 102 (to amend- call for amendments on the bill. We we were actually able to process on the ment No. 2), to provide for leasing on the have spent a lot of time over the past Senate floor. We moved through 24 outer Continental Shelf and the distribution couple of days negotiating which of the amendments on this bill since the time of certain qualified revenues from such leas- we started it. Twenty-four amend- ing. roughly 200 first-degree amendments Markey amendment No. 178 (to amendment that have been filed would come up for ments is pretty considerable, consid- No. 2), to ensure that products derived from votes. We have a pretty good list. ering that in all of 2014 there were just tar sands are treated as crude oil for pur- Again, we have 18 of them that will be 15 amendments that were considered poses of the Federal excise tax on petroleum. before us beginning this afternoon. the entire year. In fact, on Thursday Markey amendment No. 141 (to amendment There will be more we will be dealing alone we processed 15. If we do 18, as is No. 2), to delay the effective date until the with at a later point. on the roster today, that is pretty sig- President determines that the pipeline will nificant. I feel good about the point we not have certain negative impacts. But I do think this is significant. I Whitehouse amendment No. 148 (to amend- was reading the newspaper this morn- are at. It is not just because we are ment No. 2), to require campaign finance dis- ing, and there is no shortage of critics churning through amendments, it is closures for certain persons benefitting from out there, folks who would say the Sen- because of what the ranking member tar sands development. ate is broken and can’t possibly be and I have been able to do as the floor Booker amendment No. 155 (to amendment fixed. managers on this bill, kind of working No. 2), to allow permitting agencies to con- There was an article from an opinion back and forth. Yes, sometimes it is te- sider new circumstances and new informa- writer which stated: Within the midst dious. Yes, sometimes it is frustrating. tion. Burr modified amendment No. 92 (to of the Keystone debate, MCCONNELL Yes, sometimes Members wish they had amendment No. 2), to permanently reauthor- has had to retreat ‘‘on his promise to more time to talk or there were more ize the Land and Water Conservation Fund. allow freewheeling amendments.’’ hours in our day to process all of this,

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.013 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S557 but at some point in time I think we They are treated and managed as if ronmental and health impact of by- have to recognize when we spend 3 they are wilderness. Effectively, we products from tar sands oil that would weeks on a bill, that is pretty consider- have de facto wilderness. The law re- be transported across our country by able. When we are able to move 50 quires that only Congress determines the Keystone XL Pipeline. amendments—close to 50 amendments whether an area is designated as wil- One of these byproducts of tar sands is where we may be at the end of this derness. But what has happened is just oil is a black, powdery substance legislation and processing—that is of kind of a lag, a lull, if you will, so they known as petroleum coke or petcoke. note. don’t even need the congressional des- It is a residual from this tar sands oil What I appreciate is we are here this ignation if in fact it is already being and large amounts of it are produced in morning getting ready to kick off a managed as wilderness. the refining process. long afternoon of votes and go back We look at the intent behind this. It In fact, it is estimated basically for and forth with Members and disruption is clear it was never intended to be this every barrel of oil we get from tar of their schedules and committee meet- way. We were never supposed to have sands, one-third of the material is this ings and the inconvenience that causes. millions of acres of de facto Agency-de- dark substance called petcoke. If we But again this is part of what happens cided wilderness around the Western are transporting an awful lot of oil around here. It is not a very tightly United States. We routinely pass public through the Keystone Pipeline, it natu- scheduled environment because we just lands legislation into law. I would like rally follows that we are going to get have so much that is going on. But to know we could do it a little more massive amounts of this petcoke. being able to move forward on this im- often. As recently as last month, it ac- I have had an experience with this portant legislation is good and nec- tually has included new wilderness. So petcoke in my previous House district essary. we are not saying that in other areas in the city of Detroit, where we had I think we are setting the stage for these wilderness study areas don’t get petcoke from the refining process of the balance of this Congress—under the officially designated. There is that this tar sands oil being piled up along leadership of the Senator from Ken- process, and we demonstrated that just the Detroit River. We had a pile there tucky, the majority leader, a commit- during the lameduck here. But in the that was at some times several stories ment to have wholesome debate—to high, a city block long. It was stored have the opportunity for a process that instances where Congress has decided along the river in an uncontained fash- is not only good for Republicans, it is not to act on wilderness study areas, ion. It was blowing into people’s good for Democrats. It is good for the agencies need to start looking at what homes, it was blowing into businesses, Senate and for the United States. that broader array of options is for managing the land, whatever that mul- and it was also draining into the Great AMENDMENT NO. 166 tiple use designation might be. They Lakes watershed. I want to quickly mention an amend- It caused all sorts of problems. I had ment I will have up later this after- need to be looking at this critically with the local people in the area and complaints from constituents who noon. This is amendment No. 166. I talked about this substance going into spoke very briefly to it yesterday when with the other stakeholders who are in- volved in the planning process, but their homes. I had businesses talking I called it up. But it would require wil- about—for example, restaurants in the derness study areas to be released if clearly they are not doing that on their area—their wait staff getting res- Congress has not officially designated own. piratory problems as a result of breath- them as wilderness within one calendar So what my amendment would do is essentially provide a 1-year timeframe ing this in. year. Right now what happens is that In fact, we had a video to explain how when a wilderness study area is des- for wilderness designations to be made. problematic it can be. I had a video ignated, it can sit out there on the I think, again, that is more than taken by a Canadian resident across books almost indefinitely. There have enough time for Congress to consider the Detroit River that showed the been areas that have been sitting out debate and approve legislation for any petcoke piles. With some wind blowing, there without congressional action for area with wide support for a wilderness a massive black dust cloud was blowing a couple of decades. designation, so we will see that amend- I don’t think this was the point of ment this afternoon. off of these petcoke piles. In the dis- the process. But I would suggest the I know the Senator from Washington tance you could see the Ambassador amendment I have advanced is a crit- was on her way, coming from a com- Bridge, which is the bridge that con- ical one to our Western States, cer- mittee meeting this morning, and had nects Canada to the United States. The tainly to my State of Alaska. intended to speak. I see Senator UDALL dust was so thick and so black it ob- Again, the news on Sunday of the is also on the floor. scured the bridge as it was blowing President moving toward a wilderness I yield to the Senator from New Mex- into the neighborhoods, into the river, designation of all of ANWR—with the ico if he wishes to speak at this time and then into Canada. exception of a very small slice but all before Senator CANTWELL comes to the It is a completely unacceptable situ- of ANWR—all 19 million acres in addi- floor. ation, which is why I believe it is im- tion to the 1002 area, the 1.57 million I suggest the absence of a quorum. portant as we move forward with this acres that have been specifically des- The PRESIDING OFFICER (Mr. SUL- legislation that we have a couple of ignated by Congress for further review LIVAN). The clerk will call the roll. studies. and study. The bill clerk proceeded to call the One, we need to understand what are Right now there are 528 wilderness roll. those environmental and health risks study areas throughout Alaska and the Mr. PETERS. I ask unanimous con- associated with petcoke. It is clear this other 11 Western States. Again, these sent that the order for the quorum call is particulate matter, and if it is not designations have been made by over be rescinded. contained, it gets into people’s lungs time by one administration or another. The PRESIDING OFFICER. Without and creates a dust layer throughout The next step forward in this process is objection, it is so ordered. communities. that Congress needs to act, but Con- AMENDMENT NO. 55 It is very important as well in the gress hasn’t acted. We have had some Mr. PETERS. Mr. President, I rise study not only to study the environ- of these that have been pending since today to discuss my amendment that mental and health impacts, but what the 1980s. was made pending by my friend and the are the best practices to handle this Again, as I suggested yesterday, if we ranking member of the Energy and material. have had something pending for 20, 30 Natural Resources Committee, the With the massive amount of tar years, I think that is plenty of time to Senator from Washington, Ms. CANT- sands oil that will come through the say that Congress has had to review WELL. Keystone, we will also get massive those areas. Even though we have not The amendment I have offered, amounts of petcoke, a substance that turned these into wilderness—in other amendment No. 55, is a simple, com- has been problematic not only in De- words, even though Congress has not monsense amendment. It requires the troit, but it has been problematic in acted to designate these areas as wil- Environmental Protection Agency to the city of Chicago and other places derness, what happens to them? complete a study on the potential envi- across the country.

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.014 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S558 CONGRESSIONAL RECORD — SENATE January 28, 2015 So I believe it is very important that of Alaska is up there in the corner. It filling up that Trans-Alaska Pipeline we get these kinds of information as is kind of unfair because it needs to be that is now less than half full, an addi- this project moves forward, and it is a much bigger map to get the context. tional 1 million barrels a day coming certainly my hope that we can assure Effectively, what the President is pro- into this country. Right now, Ameri- that what happened in Detroit, what is posing is that in addition to the 7.16 cans are enjoying the lower prices of happening in Chicago and other places million acres of wilderness that cur- oil. But the President said: Don’t get across this country doesn’t happen, rently exist in the ANWR area—and used to these low prices because they that we understand what this sub- the ANWR area is a big refuge, a big may go up. Well, they do not have to stance is, and we understand what designation. A little over 7 million go up if we can provide more. If we can those best practices are to handle and acres have already been designated as increase production in this country, we to transport this material safely. wilderness. That was done back in 1980. can theoretically decrease that cost. I urge my colleagues to support But what he is proposing now is effec- But we have to be allowed to access amendment No. 55. tively taking the whole balance of the that. I suggest the absence of a quorum. refuge area and making wilderness out Think about the source of good-pay- The PRESIDING OFFICER. The of that as well—so 12.3 million acres. ing jobs, energy security, billions of clerk will call the roll. Now, keep in mind this also includes dollars in new Federal revenues. The The bill clerk proceeded to call the the 1002 area up on the northern part of energy security part of it is keenly im- roll. ANWR. That is the area right, which portant, but let us also think about the Ms. MURKOWSKI. Mr. President, I was specifically designated by Congress positive national security implications ask unanimous consent that the order for further study of its oil and gas po- of energy produced in the United tential. Back in 1980, when the wilder- for the quorum call be rescinded. States. When we are producing more ness designation was made for the one The PRESIDING OFFICER. Without energy in this country and relying less area—7 million acres of it—it was de- objection, it is so ordered. on others, we are less vulnerable. We termined that refuge status would be AMENDMENT NO. 166 have greater ability to deal with hos- afforded the balance of the area, and Ms. MURKOWSKI. Mr. President, I tile nations. Sanctions work better am glad the junior Senator from Alas- then the 1002 would be reserved—re- served deliberately for study of its oil when we don’t need to rely on that ka is in the Chair because I am going same oil that some of these nations to be discussing things that are of and gas potential. That 1980 act was pretty clear in would like to free up for other coun- great concern to Alaskans and really terms of the bargain that had taken tries. to those who care about the rule of law place. I am going to read for the record From a national security perspective, here and how it applies throughout all the provision in the law that we refer this is huge. This is where the intersec- 50 States fairly and evenly. As I men- to as the ‘‘no more’’ clause. It states: tion with the Keystone Pipeline is so tioned just a bit ago, I have offered an This Act provides sufficient protection for interesting: that at the same time this amendment that would deal with how the national interest in the scenic, natural, administration has issued this wilder- wilderness study areas are treated. My cultural and environmental values on the ness study it is also fighting so hard to proposal is one that would put a time public lands in Alaska, and at the same time keep us from building the Keystone XL limitation on these study areas. provides adequate opportunity for satisfac- Pipeline, which would allow us to get I mentioned the amendment was pre- tion of the economic and social needs of the crude from our friend and neighbor to State of Alaska and its people; accordingly, cipitated by the President’s announce- the north and utilize it to our benefit. ment this weekend about additional the designation and disposition of the public lands in Alaska pursuant to this Act are The President is saying: No, I don’t areas of wilderness to be designated in found to represent a proper balance between want to do that. Alaska. I have cited two. The 1980 lands the reservation of national conservation sys- I guess he would much rather receive bill, ANILCA—I think it is good for us tem units and those public lands necessary it from Venezuela or wherever. He says to have a little bit of a refresher on and appropriate for more intensive use and he wants Brazil to be our big trading what ANILCA actually did. In one fell disposition, and thus Congress believes that partner when it comes to oil. swoop ANILCA designated nearly 60 the need for future legislation designating Hello. Canada—they share a border. million acres of wilderness in the State new conservation system units, new national conservation areas, or new national recre- They are our friend. They are our clos- of Alaska. That is pretty substantial. ation areas, has been obviated thereby. est friend, our strongest trading part- It was more than any other President The act goes on to state that ‘‘no fur- ner. Are we going to shut down such an had ever designated at any other time ther studies of Federal lands in the opportunity as that? prior to that. State of Alaska for the single purpose And: Oh, by the way, that same week What we have seen since then, with of considering the establishment of a let’s just go ahead and take off the the designation of wilderness, is there conservation system unit, national table permanently one of the greatest has been this fight going back and recreation area, national conservation reservoirs of crude we have here in the forth. There have been areas that have area, or for related or similar purposes United States next. Let’s just take been requested for wilderness study shall be conducted unless authorized by that off the table, too. areas. But this administration has the Congress.’’ What does that say? What does that really taken it a major step forward. So the President is basically choos- say to other countries? That we don’t On Sunday the President recommended ing to ignore the law as set out in care about our own energy security? I that an additional 12.3 million acres ANILCA—the agreement that Alaska care about our energy security, and I within the Arctic National Wildlife has contributed mightily with its share care about our national security. Refuge be designated as wilderness—so of wilderness. Again, it stuns me to think that an additional 12.3 million acres on top I remind my colleagues that more what the President is proposing here is of the 60 million acres that we already than one-half of the wilderness in the a measure that would take off limits have as wilderness in Alaska after entire United States of America is in permanently our ability as a nation to ANILCA. the State of Alaska. Thus we wrote the access the 1002 area to safely develop This action by the President means law back in 1980 that says no more out this enormous potential. that these 12.3 million acres will imme- of Alaska. They found that balance. Keep in mind, we are not talking diately be managed as wilderness. As I Well, this President is tipping that bal- about accessing the full 1.5 million have mentioned, right now there is no ance. acres in the 1002. The legislation that deadline or expiration for this designa- The coastal plain holds an estimated has been before this Senate, back in tion. Even if Congress fails to act—and 10.4 billion barrels of oil. I mentioned 1995 and 2005, asked to open up 2,000 I am going to make darn certain we do yesterday that if we can tap into these acres—2,000 acres—out of 19.5 million not act on this wilderness proposal the resources, we could see 1 million bar- acres in the whole refuge. President has advanced—these acres rels a day coming down our Trans- The Presiding Officer knows Alas- are being managed as wilderness. Alaska Pipeline for nearly 30 years. kans can do this safely. We have set Let me just show colleagues what it Think about what that would mean, and met the highest environmental means for us right now. The small map Mr. President—1 million barrels a day standards in the world. We do it every

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.015 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S559 day. Our pipeline, our amazing 800-mile The Governor asked the Secretary of going to change that. We thought that pipeline, has a decades-long record of the Interior for an address, because he statehood compact—the promises made responsible production. It has carried said he needed to send an invoice for that Alaska would be able to deliver to nearly 17 billion barrels of oil safely the lack of any economy Alaska would its citizens based on the amazing re- across our State, over 2 mountain be able to generate with these actions. source wealth that we had—we thought ranges, multiple rivers, in areas where The one thing—the one thing more that was going to count for something. we are known to have a few earth- than anything else that could help our Apparently, not enough. quakes. It is an engineering marvel. It State—is to be able to access our Fed- I was a little bit surprised to read has served our State and our country eral lands and our waters so that we that the White House counselor, Mr. well. can fill up the Trans-Alaska Pipeline, Podesta, thinks I have overreacted to But instead of recognizing this un- so that we can not only help Alaska these announcements and to others paralleled opportunity that we have, but we can help the rest of the country. that I have been told may be coming— we are now facing a mounting But that seems to be the one thing this more to come—and he suggested my re- lockdown of our resource potential. President is intent on denying, wheth- action is not warranted. And the Presiding Officer knows the er it is in ANWR, whether it is in our I would ask any one of the other 99 worst part is, it is not just ANWR we offshore, or whether it is in our Na- Senators here: Think about how you are talking about. Our offshore oil re- tional Petroleum Reserve, where this would respond if the citizens of your serves are now also going to be re- President basically unilaterally took State woke up to a message that we stricted. off about half of that in terms of avail- are going to take 12 million acres away Just yesterday the President an- ability of access. from you and your potential to develop nounced he was indefinitely with- I noted that when the President in your State; and then on Tuesday, we drawing 9.8 million acres in the Beau- made his announcement on Sunday, are going to take away 9.8 million fort and the Chukchi Seas from leas- the video that went out showed beau- acres. But don’t worry, we are the Fed- ing. So now ANWR is going to be tiful pictures of the refuge area. Again, eral Government, we are here to help. locked up, as well as the Beaufort and this is a big area. This whole refuge is Alaskans want to help themselves. We Chukchi seas. I don’t have a map of about the size of the State of South want to be able to exercise that inde- these areas that have been taken off Carolina. It is big and there are some pendence, that free spirit that so many limits, but I can tell you that it is an amazing spaces—I am the first one to of us in Alaska identify with. We want area of roughly 9.8 million acres. There admit it, amazing spaces—just as there to help our neighbors, help our fami- is some real question that I have in my are all over Alaska. lies. But this kind of help we don’t mind. After reading the Interior’s press But I watched that video as he was need. Don’t lock us up. Don’t shut us release, I don’t have any real comfort flying in his airplane to go to India, out. that the two sales that are being pro- and I thought to myself: The President It was suggested in Mr. Podesta’s posed—one in the Beaufort and one in hasn’t been to Alaska, even though he comments, and I saw it in other press the Chukchi—will actually stay on says he only has three States left to reports, that somehow or other the In- schedule. see and Alaska is not included. So I ac- terior Department felt compelled to The Secretary of the Interior is tually asked my staff to find out. By move forward with the timing of these quoted saying that: Interior will con- my count, the President has been to announcements because we were tinue to consider oil and gas explo- Alaska three times during his adminis- ratcheting up on ANWR. They sug- ration in the Arctic. It is not a very tration. And he told me, before he was gested I had introduced a bill. I haven’t firm commitment, as far as I can see. President, he had never been to Alaska. introduced a bill. I do intend to intro- But when we look at it altogether— So three times during his administra- duce a bill. But to somehow suggest between the ANWR wilderness designa- tion. All three times were basically to this was precipitated because the dele- tion and the Arctic offshore with- get fuel. And granted, to give him cred- gation is making a charge on ANWR is, drawal—Alaska has lost more than 22 it, on one of those times he did meet at this time, unwarranted. million acres of land and water where with the troops at Elmendorf, but he It did kind of make me wonder, energy could be produced for the good never went off the base. The other two maybe the White House isn’t aware of of this country, and it has happened in times were in the middle of the night how Alaskans feel about this. So in the less than 1 week. It has happened over for as long as it took to get fuel. a span of 3 days—22 million acres. In my mind, that is not visiting Alas- few minutes I want to take this morn- So what is 22 million acres? It is an ka. That is not trying to understand ing I want to read a few of the quotes area about 563 times larger than where who we are. We have some pretty beau- from our State leaders who have come we are here in the District of Colum- tiful, wide-open skies. But when you out against this decision since they bia. It is about 28 Rhode Islands. I are flying at 35,000, 45,000 feet looking were announced, particularly as they know Rhode Island is a small State by down, that is not how you get a view of relate to ANWR. comparison, but 28 of them adds up. It Alaska. We have a new, Independent Gov- is about 4.5 times the size of the State So outside of this short meet-and- ernor. As I mentioned, he has already of Massachusetts. Again, this is just to greet, outside of a bargaining chip to had the opportunity to meet with the give you an idea of what was taken off gain support from national constitu- President and talk about Alaska’s limits, indefinitely, by this administra- encies, he is basically viewing Alaska issues. Again, he has also met with the tion since Sunday. as a refueling stop—which is no short- Secretary of Interior to talk similarly. My reaction to all this has been pret- age of irony here in the fact that he is Governor Walker says he is ‘‘angry, ty strong. I think it is pretty obvious happy to refuel Air Force One in Alas- very angry, that this is happening.’’ to anybody who would take a moment ka, but he doesn’t seem to want fuel Our State senate president, Kevin to think about it, but I am amazed our produced in Alaska. Meyer, said the following: President can look at Alaska and I can get pretty frustrated and upset The impact of this decision, if allowed to think, this is what we need most right about this. Part of it is because so stand, will harm the future of our Great now. much of this comes without consulta- State and will deal a devastating blow to our We are facing a pretty significant tion with us, without listening to the economy. budget shortfall. I know our Governor vast majority of Alaskans—as if, once I spoke with our house speaker, a has spoken to the President and the again, we are nothing but a territory gentleman by the name of Mike Secretary of Interior about Alaska’s and the promises that were made to us Chenault from the Kenai Peninsula, an situation. Then this is what he gets as at statehood mean nothing. area where we have oil and gas poten- a ‘‘we will work with you’’? I don’t I was born in the territory. It was not tial in the Cook Inlet. They know think so. This is not an indication of a that long ago that Alaskans knew what about oil and gas. The speaker said: Federal Government that wants to it meant to be kind of kicked around The president just doesn’t get it, or he does work with the State to develop its re- by folks on the outside. We didn’t have get it and doesn’t care about the will and sources. a voice. We thought statehood was voice of Alaskans. That’s beyond offensive.

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.017 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S560 CONGRESSIONAL RECORD — SENATE January 28, 2015 In response to the President’s ANWR leges enjoyed by people across the rest of the ty resilient. We have been kicked this announcement, Speaker Chenault also country. week, but that doesn’t mean we are had some pretty choice words. He said: That seems like a pretty fair request down. It means we are just getting Alaska’s not a territory anymore and it’s to me. started. high time our federal overlords stopped try- Even the New York Times inter- With that, I will have more to say ing to treat us like one. viewed a few Alaskans who didn’t hide about the process in front of us this The Arctic Slope Regional Corpora- their feelings. One woman who said she afternoon, where we are with Keystone; tion, whose shareholders, people who had voted for the President twice said, but again, I am pleased that we have a actually live on the North Slope, issued ‘‘He has just alienated an entire state.’’ good series of votes to keep us busy a press release stating that: She described herself as being ‘‘on the this afternoon, and I appreciate the in- We are staunchly opposed to this relentless fence’’ about ANWR before the pro- dulgence of colleagues as we go and coordinated effort to designate the posal, but she added, ‘‘without talking through a process that can be very dis- Coastal Plain of ANWR as Wilderness. This to any of us, just doing it by fiat— ruptive as they are trying to meet with administration has deliberately ignored the that’s not how you lead.’’ constituents and pursue committee input provided by the most affected people I think she summed it up pretty well. business. But I think we recognize that within ANWR. What the President has done, the way we want to be on a path toward com- Colleagues, remember that when this he has done it—it is unfair, uncalled pletion of this bill, and I thank them President is suggesting that this area for, and it is unwarranted. So for it to for their cooperation. needs to be named or designated as wil- be suggested by the counselor from the With that, I yield the floor and sug- derness, the 1002 area, people live White House that my response is some- gest the absence of a quorum. there. People live their lives there— how overreacting or unwarranted, I The PRESIDING OFFICER. The children go to school and people work think they should start listening to all clerk will call the roll. there. They fly in and out. They have a of the people of Alaska. The presiding The bill clerk proceeded to call the little grocery store. They try to make officer and myself were sent here to roll. an honest living there. They subsist, represent them and I think we are ex- Mrs. FISCHER. Mr. President, I ask absolutely; but people live there. To pressing pretty clearly where Alaskans unanimous consent that the order for quote from the Arctic Slope Regional are coming from on this. the quorum call be rescinded. Corporation, the corporation’s share- This is wrong. It should not be toler- The PRESIDING OFFICER (Mr. holders who live there say, ‘‘this ad- ated. And we will not just sit back SASSE). Without objection, it is so or- ministration has deliberately ignored while this administration locks up our dered. the input provided by the most affected State and the potential of our people. UNFUNDED MANDATES INFORMATION AND people within ANWR.’’ We have a lot more we will be dis- TRANSPARENCY ACT I think the reason they have ignored cussing about this. Again, I mentioned Mrs. FISCHER. Mr. President, last it is because they forget people actu- on Monday that there was a trifecta week my colleague Senator LANKFORD ally live there. How can people live in with what we see coming out of this and I introduced the Unfunded Man- a wilderness? administration. I have been told by the dates Information and Transparency Democratic State Representative Secretary that we would see his ANWR Act—a bill to enhance transparency Ben Nageak of Barrow, who is an designation and that we would then see about the true costs of burdensome Inupiat and born in Kaktovik, who the 5-year lease sale that would take Federal regulations affecting our lives in the affected area, wrote this: areas that had been in deferred status States and localities. President Barack Obama and his lieuten- and completely withdraw them for an Twenty years ago the Unfunded Man- ants at the Interior Department will perma- indefinite period of time, and that dates Reform Act, otherwise known as nently harm our people and all Alaskans there would be a third announcement UMRA, was signed into law to reduce with his colonial attitude and decision mak- coming relating to the National Petro- the burden of Federal mandates on ing . . . It’s terrifying to see the extent by State and local governments, as well as which our pleas for time and a fair hearing of leum Reserve—the area where folks our views fall on deaf ears 5,000 miles away. who said don’t go to ANWR, go to the private sector. The statute was in- tended to fix a simple problem while That is a State representative born NPRA, go to the National Petroleum promoting informed decisions by this and raised in this area, an Inupiat, who Reserve. So the first company that Congress. But since UMRA’s enactment is saying 5,000 miles from here you are tried to do so is trying to make it hap- in 1995, many remain concerned that making decisions without listening to pen. What this administration is doing the law has fallen short. In Nebraska us, without listening to our people. with the mitigation costs they are lay- Our North Slope Borough Mayor ing in front of them, the company will and all across America, our constitu- Charlotte Brower didn’t mince any determine whether it is going to be ents continue to face a growing moun- words, either. She said that ‘‘these economic. But my fear is that will be tain of redtape that stifles economic types of paternalistic, executive fiats the third kick to Alaska. growth and holds back progress on a seem to be more appropriate for An- So it has been a bad week, a bad number of fronts. In 2011 alone the Government Ac- drew Jackson’s administration than week for Alaska. But you know what, countability Office identified 14 dif- Barack Obama’s.’’ we are not people who are deterred by Pretty tough words. I am starting to bad news, by bad weather. We have a ferent loopholes that would allow gov- think my words were pretty mild based way to roll with it. ernment agencies to avoid conducting on what I read from the mayor of the I was looking at the front page of the the UMRA analysis. In other words, North Slope Borough and the Demo- Fairbanks Daily News-Miner yester- redtape has survived and prospered. By cratic State representative from Bar- day. They had a little recap of what is their very nature, Federal mandates row. going on with the weather. It is about are both complex and vague, which is Mayor Brower has invited President 52 below zero in Fort Yukon and 51 why I have introduced a new bill to fix Obama and Secretary Jewell to visit below in Fort Greely where we base our these shortcomings and increase ac- the North Slope, and she asked them to ground-based missile defense system. countability. My bill, known as the Un- meet with the people who actually live We are pretty proud of what we do. We funded Mandates and Information there before proposing these types of can still provide for the defense and Transparency Act, would address sweeping land designations. If the protection of this country and do it in UMRA’s loopholes by mandating strict- President and the Secretary actually some pretty cold weather. er agency requirements, enhance accept that invitation, Mayor Brower In Fairbanks, where I went to high stakeholder input, and strengthen en- concluded: school, I think the weather this morn- forcement mechanisms. ing was 47 degrees below zero, but the Furthermore, this bill has the power They might learn that the Inupiat people who have lived on and cared for these lands kids still go to school in this kind of to get the job done. It would allow for millennia have no interest in living like weather. We are doing what we do up judges to place a stay on a regulation relics in a giant open air museum. Rather, north. It is not easy, but it is an amaz- or invalidate a rule if a Federal agency they hope to have the same rights and privi- ing place and the people there are pret- fails to complete the required UMRA

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.018 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S561 analysis. It would also close a glaring ergy secure. By that, I mean producing some of the environmental aspects of loophole used by agencies to skirt more energy than we consume and the oil sands development and how UMRA requirements. working with Canada, our friend and technology is being deployed, with Last but not least, my bill would ex- ally, to do that so that we don’t have hundreds of millions of private dollars pand the scope of reporting require- to depend on OPEC to do that and on invested in new technologies that are ments to include regulations imposed parts of the world where there is great not only producing more energy but by independent regulatory agencies, instability and where our interests are doing it with a smaller environmental such as the EPA. I know many Nebras- not aligned with the interests of some footprint. That helps to reduce the kans are deeply concerned about the ef- of those countries. greenhouse gas emissions of oil that is fects of new EPA requirements, such as Also, it enables us to actually weak- produced in the oil sands. the proposed water rule—a rule I have en some of our opponents that are There are two projects I wish to forcefully fought since it was first pro- petro-dependent, countries such as speak about to give examples of how, if posed. Nebraskans already go to great Iran, which is now trying to build a nu- we continue to work to empower this lengths to protect and preserve water clear weapon, as well as, right now, kind of investment in new tech- resources within our State, but now Russia, which is invading its neighbor nologies, we get not only more energy the EPA is going overboard with this Ukraine, one of our allies, where we are more cost-effectively and more depend- new proposal—one that represents a trying to stop the adventurism of ably but we also get it with environ- massive Federal power grab and clear President Putin. mental stewardship. disconnect with Main Street America. By truly becoming energy secure, by The first project I will speak about is I share the belief of many Nebras- providing more supply of energy, we a project that has been undertaken in kans that the Federal Government not only benefit every American at the the oil sands in Alberta, Canada. Going should be held responsible for the rules pump—Americans are saving billions of back to this earlier chart, we can see it puts into place. By clearly notifying dollars when they pull up to the pump. that it is up in the Hardisty area, and taxpayers of the costs of each mandate, That is not only good for American this second chart is a picture of the which the bill I introduced would re- consumers, it is good for our small project. It is one that is undertaken by quire, we can better hold the Federal businesses. the Shell Oil Company. It is called Government accountable for the eco- Energy is a foundational industry their Quest project. I will read a little nomic impact of its costly regulations. that strengthens every other industry bit about the project. I hope my colleagues on both sides of out there. It makes us more competi- Shell Canada will this year complete the the aisle will join me in supporting this tive in the global economy across the world’s first oil sands carbon capture and simple, commonsense legislation to board. As I say, it weakens some of our storage project. help bring greater accountability and opponents. So that is really the debate This is CCS—carbon capture and transparency to Washington. in which we are engaged. storage—something we have been I thank the Presiding Officer and Yesterday I started to respond to working to develop in this country and suggest the absence of a quorum. some of the critics who oppose this leg- apply to fossil fuels, not only things The PRESIDING OFFICER. The islation on the basis of saying this is a such as oil and gas but also coal. This clerk will call the roll. project for Canada and not for the is the new carbon capture technology. The bill clerk proceeded to call the United States, and that is not true at They will complete the world’s first roll. all. This pipeline would not only move project. Continuing: Mr. HOEVEN. Mr. President, I ask crude from Canada to our refineries, it The project, called Quest, will begin per- unanimous consent that the order for would also move crude from production manently storing CO2 by the end of the year the quorum call be rescinded. in the United States, including in my and will permanently store more than 1 mil- The PRESIDING OFFICER. Without State of North Dakota, which now pro- lion tons per year. objection, it is so ordered. duces 1.2 million barrels of oil a day— Let me read that again. Mr. HOEVEN. Mr. President, I return second only to Texas—as well as Mon- The project, called Quest, will begin per- to the floor today to discuss the legis- tana. So it also moves domestic crude manently storing CO2 by the end of the year lation under consideration. As I did to our refineries as well. and will permanently store more than 1 mil- yesterday, I wish to begin by again lion tons per year. Quest reduces the emis- Furthermore, it really is about mak- sions from Shell’s upgrader by 35 percent— thanking both the Senator from Alas- ing our Nation energy secure, working that’s the equivalent of taking 175,000 cars ka on our side of the aisle and the Sen- with Canada to become energy secure off the road each year. Shell will transport ator from Washington on the other side so we don’t have to depend on OPEC. the CO2 50 miles north via pipeline and per- of the aisle, who are the bill man- That is very much a national interest manently store it more than a mile below agers—the legislation managers in this issue for this country, for this Nation, ground under impermeable rock formations. case—of the Keystone XL Pipeline ap- and for all Americans. I spoke about My point is that here is an example proval legislation that I put forward that a little bit yesterday. of where a private company is working along with Senator MANCHIN. I wish to The second issue I would like to ad- with the Province of Alberta on this begin by thanking both of the man- dress is some of the environmental project to invest hundreds of millions agers for their diligence and for their issues. I started to do that yesterday, of dollars in carbon capture and stor- bipartisanship and for working to- but I deferred at that time because age technology that will not only apply gether to advance this legislation, but anytime we can get people to come to to the oil sands, but—think about it— I also want to make sure all of the the floor to offer their amendments this is also technology that is not only Members of this body get a chance to and make them pending, that is what being developed but deployed on a com- bring their amendments forward, de- we want to do. At that point we started mercial scale in production that we can bate those amendments, and have a getting people to come offer their now take advantage of and use in this vote. amendments, and the bill managers, country to produce more energy from This afternoon we have scheduled 18 through their hard work, were able to multiple sources—again, smaller foot- votes, and that is great. Some of those get agreement, and we now have 18 print, lower greenhouse gas. amendments I support; some I oppose. amendments pending on a precloture Isn’t that the solution to better envi- But we are going to do what this body basis. So we have made real progress in ronmental stewardship where we get is supposed to do and what the Amer- getting everyone involved and hope- more energy that we produce here with ican people elected us to do, and that is fully building more bipartisan con- our closest friends and allies, with bet- to have this discussion and then vote. sensus and getting on the energy de- ter stewardship through investment by We are working to advance energy bate the American people want and private companies in these new tech- policy for this country that can not getting to a result where we can actu- nologies and, in this case, working only truly help create more energy, ally produce legislation that will help with Alberta? Alberta is also investing jobs, and economic growth but also our Nation. in this technology, but this is the inno- really address the national security So I started to get into the second vation of our country, of our compa- implications of making our country en- point I wanted to discuss, which is nies. This is the kind of ingenuity and

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.020 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S562 CONGRESSIONAL RECORD — SENATE January 28, 2015 innovation that helps us build the kind which is actually the Shell site—this is ing to empower that investment. At of future we want. In this case, it is a the boreal forest. I have been to the same time, the PHMSA, the De- secure energy future by deploying Hardisty, and I have seen the oil sands partment of Transportation Pipeline these new technologies. production. I was also taken out to and Hazardous Materials Safety Ad- The other point I will make as we areas where they had reclaimed land ministration, has all these require- look at this chart is that under the old that had been formerly used to produce ments that they are making part of the system of oil sand production—remem- oil sands. Now we can’t tell the dif- approval process—57 different special ber, it is excavation, so they would be ference between the land that has been safety conditions for the Keystone XL digging up this area and then extract- reclaimed and the land that hadn’t Pipeline. They are conditions such as ing the oil from the oil sands. But ever been used in terms of oil produc- puncture resistance. For example, under this new system of development, tion. I was there and I looked at both TransCanada is required by PHMSA in which is called in situ, they are actu- and I couldn’t tell the difference. Of the environmental impact statement ally drilling wells, and then they put course, that is subjective. You want to to ensure that the steel used in the steam down the hole to bring the oil return it to the state it was in before it pipeline can withstand impact from a 1 up, and then they capture the CO2 and was tapped. With this newer produc- 65-ton excavator with 3 ⁄2-inch teeth. store it underground, so smaller envi- tion, there is a much smaller area that There is corrosion resistance coating, ronmental footprint and lower green- we would ultimately have to return to making sure it has a coating on it that house gas emissions. its original state. is resistant to corrosion. There is ca- Since 1990 the greenhouse gas emis- I wanted to touch on those two thodic protection. Cathodic protection sions on a per-barrel basis for oil sands projects for a few minutes as well as is applied to a pipe so where it con- production has gone down by 28 per- point out that the Alberta Government nects to other—it could be structures cent. So they have reduced it by al- actually requires that all land used in such as a bridge. It could be any place most a third. These new technologies the development of oil sands has to be where the pipes are connected to make will reduce it further going forward. returned to the same or equivalent sure those other connections don’t rust This is about finding good solutions condition when it is no longer in use. through into the pipe. to create jobs and economic activity The final point I wish to touch on for For maintenance, TransCanada must and energy security and take us into just a minute or two is another issue submit certification that demonstrates the future. That is why I wanted to dis- that has been brought up, which is compliance with all 57 conditions be- cuss that project for just a minute. pipeline safety. There have been some fore they commence operation of the A second project I will reference is references to recent pipeline spills— pipe. Exxon’s Kearl project, spelled K-E-A-R- one in Poplar, MT, actually not too far Airplanes will patrol the right of L. Just by way of preface, Exxon cur- from where I live in western North Da- away at least 26 times a year. They rently produces over 100,000 barrels of kota. But the spill is from what is will send cleaning and inspection tools through the pipeline once a year to col- oil a day in the Canadian oil sands. called the Poplar Pipeline, which I be- lect and analyze basic sediment and They are going to increase that lieve is owned by the Bridger Company. amount this year to 345,000 barrels a water. It is a pipeline that goes underneath Compare all of this to a pipeline that day. Their objective is to get to half a the Yellowstone River. It was built in was built 50 years ago and laid on the million barrels a day of oil produced in the 1950s, so we are talking about a floor of a river—versus a pipeline now, the Canadian oil sands. They are in- pipeline that is over 50 years old. Isn’t where if they have to cross a river, vesting $10 billion in this project. That that just the point, that whether it is they use directional drilling. So they is their investment in this project and roads or bridges or buildings or pipe- go down 25 feet below the river and put these new, better drilling techniques. lines or transmission lines or anything the pipe 25 feet down in the rock below Let me tell my colleagues a little bit else, we have to make the investment the river, versus older pipelines that about their project. Exxon is doing it in new facilities rather than just con- were just laid in there. Again, this is differently than Shell and Quest. They tinuing to rely on old facilities? the new technology—the new safe- are employing different technologies That is what I want to emphasize guards. but investing $10 billion to reduce the about the Keystone XL Pipeline In horizontal drilling and directional environmental footprint, to reduce project. This is an investment of $8 bil- drilling the pipe will be buried approxi- greenhouse gas emissions, but produce lion, not a penny of government invest- mately 25 feet below riverbeds. So if a lot of energy for Canada and for our ment but $8 billion in private invest- there any riverbeds that cross, that is country. ment in new steel and new tech- 25 feet below using directional drilling. Exxon’s Kearl project will use cogen- nologies. There are automatic shutoff valves. eration for steam, which a low-energy Also, the Department of Transpor- So they will have automatic shutoff extraction process to recover oil, and tation’s Pipeline and Hazardous Mate- valves and they will be placed every 20 heat integration between the extrac- rial Safety Administration—PHMSA— miles along the pipeline route. Extra tion and treatment facilities to mini- the division of the Department of miles will also be placed where there mize energy consumption. As a result, Transportation that oversees pipeline are protected water crossing and other oil produced from Kearl will have safety, has required 57 special condi- areas of higher consequence. They can about the same life-cycle greenhouse tions for this pipeline to make sure it be closed remotely on either side of the gas emissions as many other crude oils is as safe as possible. I am going to line, isolating a damaged area within refined in the United States as a result touch on some of those to give a sense minutes of detection. of technologies which significantly en- of what they are. Again, it is about making sure if hance environmental performance— The whole point is that here we are there is an issue of any kind, that you again, smaller environmental foot- trying to create a business climate, a can minimize and mitigate any kind of print, lower greenhouse gas emissions. business environment where companies spill. This is how we work to address the can put billions of dollars into these With 100 percent weld inspections, challenges we face, whether it is pro- new technologies and this new infra- there is a requirement that 100 percent ducing energy or anything else. We de- structure so that we can have energy of welds are inspected rather than just ploy these new technologies that en- as safely as possible, with the best some of the welds under a test basis. able us to do it better. stewardship possible, so we aren’t rely- With satellite monitoring and leak Other environmental innovations for ing on pipelines or other infrastructure detection, Keystone XL will have more Kearl include onsite water storage to that is more than 50 years old. than 13,500 sensors feeding constant eliminate river withdrawals in low- We are trying to get that upgrade. and detailed information about flow flow periods and progressive land rec- We are not doing it at taxpayer ex- rates to the control center 24 hours a lamation, which will return the land to pense. We are getting tax revenues. We day, 7 days a week. That is so that if the boreal forest. will get hundreds of millions of tax rev- any kind of a leak is detected, it is im- I wish to emphasize that for a enues that will come back in from pri- mediately shut down so you minimize minute. What we see around this site, vate sector projects where we are try- the amount of product that would leak.

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.022 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S563 Those are the kinds of safety fea- across the country were losing faith which protects shippers and sailors tures—and there are 57 of them—re- that their elected officials could get throughout Puget Sound, and Customs quired by the administration’s Pipeline anything done when it came to the and Border Protection, which helps fa- and Hazardous Material Safety Admin- budget and to our economy. cilitate billions in international trade istration. When we talk about pipeline But by working together, Congress- moving through my State, the most safety and somebody comes in and says man PAUL RYAN and I were able to trade-dependent State in the country. there is this pipe that broke so we reach a budget deal that prevented an- Not funding these programs is a risk should never have another pipe, we other government shutdown and we cannot afford to take. It is reckless need to talk about that and address showed the American people that Con- and irresponsible and, more than any- that in a sensible way. gress could work together to get things thing else, simply counterproductive We have over 2 million miles of pipe done. for Republicans to put all of this on the in this country. The point is we do Because of that deal we were able to line just to score some political points need to build new pipelines and up- then pass bipartisan spending bills for with the tea party and the far right. grade them and take other steps to the past 2 fiscal years, including 11 of Unfortunately that appears exactly to make sure the system is safe. But you the 12 appropriations bills from last be what they are doing. don’t do that by blocking investment year. Although we have a lot of work Once again Speaker BOEHNER and the in the new technologies and the new to do, it is clear that stability in the House Republicans have decided they are willing to break up millions of fam- pipeline that will help us move product Federal budget makes a difference for ilies and deport millions of DREAMers more safely, more cost-effectively, and our economy. We have to work to- who are victims themselves of a broken more dependably. gether to build on that growth, to con- system. Those are the three issues I wanted tinue that certainty, and to make sure our economy is working for all fami- They have decided they are willing to to address. Again, I covered some of stop the President’s policy of focusing them yesterday, but I wanted to make lies, not only the wealthiest few. Across the country, businesses have our law enforcement on national secu- sure that any time we had somebody rity threats, gang members, and vio- coming down to offer amendments, we added more than 11 million new jobs— over 58 straight months of job growth. lent criminals. Once again they have deferred to those individuals. I am decided they are willing to make bipar- pleased now we have 18 amendments The unemployment rate is now under 6 percent and trending downward, and we tisan, comprehensive immigration re- pending on a whole gamut of issues re- form that much more difficult to lated to this project, to this energy dis- have reduced the Federal budget deficit by over two-thirds since 2009. achieve. cussion, and to our efforts to advance a So when I look at the Homeland Se- This is much more than only an an- better energy future for our country. curity funding bill that the House of nual funding bill. This legislation is a Again, I look forward to the debate Representatives has now sent to us, I message which has been sent to us loud this afternoon, to voting on these see a few things. I see a bill—the way and clear from House Republicans and amendments, and to continuing to ad- it is drafted and was sent to us will Speaker BOEHNER that they are willing vance this legislation on behalf of the tear apart families who are working to continue pushing us from crisis to American people. hard to make it in America. I see a bill crisis. They are willing to play politics I yield the floor, and I suggest the ab- that will put our security at risk, and with our national security, and they sence of a quorum. I see a bill that seriously threatens all are willing to turn their backs on mil- The PRESIDING OFFICER. The of the work we have done recently, Re- lions and millions of children and fami- clerk will call the roll. publicans and Democrats, to keep our lies. The bill clerk proceeded to call the For years now we have seen that government functioning because the roll. strategy doesn’t work—it doesn’t work. bill the House has sent over is simply Mrs. MURRAY. I ask unanimous con- It holds us back. sent that the order for the quorum call unacceptable. But I have to say I was encouraged It will not pass the Senate. Repub- be rescinded. when Majority Leader MCCONNELL said licans know that. Let’s be clear about The PRESIDING OFFICER (Mr. that at the end of the day the Senate what this bill is, it is a calculated, po- PERDUE). Without objection, it is so or- will fund the Department of Homeland litical gamble from our Republican col- dered. Security. leagues. It is clear the House bill will not pass Mrs. MURRAY. Mr. President, I ask This looming showdown over funding the Senate, so I truly believe it is time unanimous consent to speak as in the Department of Homeland Security for the majority leader to show, as he morning business. is no accident. In fact, it is actually a The PRESIDING OFFICER. Without has promised, that he will let the Sen- risk they have been planning since last objection, it is so ordered. ate and Congress work efficiently. year all because of political pressure It is time for the majority leader to DEPARTMENT OF HOMELAND SECURITY FUNDING from the extreme anti-immigration Mrs. MURRAY. Mr. President, I wish bring a clean DHS appropriations bill right wing of their party. to the floor. Let’s get it done, passed, to take a few minutes to talk about the If Republicans are willing to risk and move on to the work that is so im- latest attempt by the Republicans in funding for the Department of Home- the House of Representatives—and a portant to us. land Security for political reasons, I I yield the floor, and I suggest the ab- few Republicans in the Senate as well— believe the American people deserve to to hold hostage the basic operation of sence of a quorum. know exactly what that does mean be- The PRESIDING OFFICER. The our government, once again, over poli- cause funding the Department of clerk will call the roll. tics. Homeland Security doesn’t only keep The assistant legislative clerk pro- While I have several issues with the the lights on the DHS headquarters, ceeded to call the roll. Department of Homeland Security that funding protects our country from Mr. SCHUMER. I ask unanimous con- funding bill that the House has sent to terrorist attacks at a time when the sent that the order for the quorum call us, I will first discuss this strategy we world is as dangerous and volatile as be rescinded. are seeing from Republicans, as the ever. The PRESIDING OFFICER. Without former chair of the Budget Committee It protects our country and American objection, it is so ordered. and as someone who has worked across businesses from cyber attacks, a threat Mr. SCHUMER. Mr. President, I rise the aisle to break through gridlock in that is all too real as we have now seen to urge my Republican colleagues to Congress. in recent months. It supports basic se- pass a clean bill to fund the Depart- Two years ago our country was mov- curity measures at our airports, at our ment of Homeland Security for the re- ing constantly from one manufactured seaports, and along the border. It even mainder of the fiscal year. crisis to the next. We had debt limit supports our Federal emergency man- We are now only 1 month away from scares that were rattling our busi- agement resources that are on call for a shutdown of the principal Federal nesses and the markets, we were head- every community in America. agency charged with keeping Ameri- ed toward an absurd and unnecessary In my home State of Washington, cans safe from terrorism and prepared government shutdown, and people this funding supports the Coast Guard, for natural disasters.

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.023 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S564 CONGRESSIONAL RECORD — SENATE January 28, 2015 The President has said he will veto ployers from hiring undocumented Just a few days ago, an oil pipeline any funding bill that repeals or rolls workers and cutting everyone’s wages. burst, leaking 50,000 gallons of crude back his Executive order on immigra- So in order to make a point on immi- oil into the Yellowstone River in Mon- tion, so anything but a clean bill to gration, our Republican colleagues are tana. Yet this spill pales in comparison fund DHS means one thing and one actually going to stop the program to the 2010 Kalamazoo River oil spill thing alone. Republicans are unilater- which prevents employers from hiring where over 1 million gallons of oil ally shutting down the agency. undocumented workers. Essentially to sands poured into Talmadge Creek in No matter what your grievance is, we make a point about needing more im- Michigan. The cleanup has already cost shouldn’t be playing politics with na- migration enforcement, Republicans more than $1 billion and taken over 4 tional security. It is alarming that are willing to shut down immigration years to complete. In fact, to date even as we can now count the days, 30, enforcement. there has been no authoritative study until a Republican security shutdown, In short, I am perplexed as to why on how the spills of oil sands crude so many on the hard right are ready to Republicans are playing this game of may differ from those of conventional just dismiss the consequences. chicken with DHS funding because the crude oil. This means we have no idea Compared to their obsession with only possible outcome that could come about the spill’s long-term effects on President Obama’s immigration action from withholding of a clean DHS bill is the health of wildlife in that river. and their desire to appease the tea the shutdown of several critical post- The other issue that has been raced party with radical and practical ideas 9/11 programs within the DHS and the onto the floor is the fact that right that would not fix our system, to Re- furlough of thousands of workers para- now, because of the way we define publicans shutting down DHS is ‘‘not mount to our Nation’s security and dis- crude oil, TransCanada—supporting the end of the world.’’ aster preparedness. and planning to build the Keystone So I will use my time to spell out At a time when we need all hands on Pipeline—is not required to pay into what a DHS shutdown would mean for deck to keep America safe, Republican the federal oil spill liability trust fund, our country in the hopes that our Re- efforts to politicize our security would which would ensure taxpayers against publican colleagues will be jolted back tie DHS’s hands behind their back. So any spills. So we have this out-of-state, to reality and to common sense. Since I urge my Republican colleagues in the out-of-country foreign company that is this isn’t the first time Republicans House and Senate to drop this fool’s er- coming in to build this pipeline, and have put us through a shutdown, we ac- rand and put a clean DHS funding bill yet they are not required to pay, as on the floor as soon as possible. tually have a very good idea as to what any American company would be, into a DHS shutdown would look like. I yield the floor. Mr. BARRASSO. Mr. President, I the oil spill liability trust fund. That, Here are just some of the functions suggest the absence of a quorum. to me, doesn’t make sense. Circum- that would cease if Republicans failed The PRESIDING OFFICER. The venting the regulatory process for Key- to put a clean bill on the floor: The clerk will call the roll. stone prevents us from understanding bulk of DHS management and head- The assistant legislative clerk pro- the health hazards that we would face quarter administrative support activi- ceeded to call the roll. should another spill occur. ties would cease, including much of the Mrs. SHAHEEN. Mr. President, I ask I am also concerned that construc- homeland security infrastructure that unanimous consent that the order for tion of the Keystone Pipeline will in- was built during the 9/11 terrorist at- the quorum call be rescinded. crease carbon emissions and undermine tacks to improve command, control, The PRESIDING OFFICER. Without some of the most critical climate poli- and coordination of disparate frontline objection, it is so ordered. cies that we have in place. The pipeline activities. Securing the Cities, a crit- Mrs. SHAHEEN. Mr. President, I am poses threats to our environment that ical post-9/11 funding program that here this afternoon to discuss the two have already been identified. Tar sands helps pay for nuclear detection capa- concerns I have about the bill cur- greenhouse gas emissions are 81 per- bilities in New York City, Los Angeles, rently before the Senate—the regula- cent greater than those of conventional and Washington, DC, could not be tion that would grant immediate ap- oil. That is because the production of awarded in fiscal year 2015. The DHS proval of the Presidential permit nec- oil sands crude is more energy inten- Nuclear Detection Office, which since essary to construct and operate the sive, or more greenhouse gas intensive, 9/11 coordinates on a daily or weekly Keystone XL Pipeline. than conventional crude production. basis with local law enforcement, will First and foremost, I believe a thor- Additional processes are required to ex- stop operating. ough regulatory review process is crit- tract the oil, remove the sand, and di- FEMA’s disaster preparedness unit ical for any major infrastructure lute the oil so that it can flow in a would cease coordinating regular train- project, particularly one that will cross pipeline. ing activities for law enforcement for our country’s border. Regulatory re- In addition, if the pipeline is ap- weapons of mass destruction events. view enables the identification of eco- proved, much of the boreal wetlands in FEMA employees in Washington and nomic impacts from a major project Alberta, Canada, which act as a carbon across the country who provide critical and, more importantly, environmental sink, would be destroyed, releasing 11 preparedness resources to local first re- impacts that infrastructure projects million to 47 million metric tons of CO2 sponders would be sent home. Twenty- such as the Keystone Pipeline may into the atmosphere. five percent of FEMA’s headquarters bring. One of the reasons I am concerned and regional staff would be furloughed. We shouldn’t trade transparency for about circumventing the regulatory FEMA personnel working on grants expediency when it comes to the con- process is because I believe this could programs, such as funds for intel- struction of an international project set a precedent for a rushed approval of ligence analysts or firefighter needs, that has such scope. I can’t support a infrastructure projects currently under would be furloughed, and even those bill that sacrifices these important consideration in New Hampshire. personnel deemed essential would be protections. That is why I voted in the In New Hampshire, we have two denied paychecks until a funding bill is past against legislation to allow the projects that really merit careful con- passed. This means we are not paying Keystone XL Pipeline to circumvent sideration and thorough review that the Coast Guard, we are not paying the the normal review process, and that is could be affected by a precedent that TSA, we are not paying the Border Pa- why I intend to again vote against this says we should ignore the regulatory trol, the Secret Service or FEMA aid bill. process. In New Hampshire, the North- workers. I also have a number of concerns ern Pass transmission proposal, which So make no mistake, a DHS shut- about the impact of the Keystone Pipe- proposes to deliver hydropower from down would hamstring our ability to line on our environment. In the past 2 Quebec into the New England energy combat threats to the homeland and to weeks, we have had a spirited debate markets and goes through northern keep our citizens safe. The irony of on this floor, and a number of my col- New Hampshire, would bring power to course is that one of the programs that leagues have come to the floor to talk southern New England, but New Hamp- shutdown would close completely is E- about the pipeline oilspills we have shire wouldn’t benefit. And any sugges- Verify, which stops unscrupulous em- seen in this country. tion that we would circumvent the

VerDate Sep 11 2014 02:13 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.027 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S565 process is a real concern to people in The PRESIDING OFFICER. Without now. Those reserves will hold them for New Hampshire who would be affected objection, it is so ordered. a while because of the price they are by that project. UKRAINE AND SYRIA getting for their oil. They don’t have The other project is the potential re- Mr. NELSON. Mr. President, I want high production costs in Russia, but versal of the Portland-Montreal pipe- to speak to the Senate about Ukraine because the price is so much lower— line, which, if the determination were and also about Syria. These are two half of what they were getting—their made to do this, would send oil sands parts of the world that are of par- revenue is significantly down and through many New Hampshire commu- ticular critical importance to the therefore all of the money that was nities, and that oil would then be United States foreign policy today be- being supplied by the Russian Govern- shipped to foreign countries. cause of what they portend for the fu- ment for so many things, a plethora of So if we set the precedent of trading ture. The fact that our relationship is different social programs—guess who is transparency for expediency with Key- so rocky with the President of Russia, feeling the pinch. The people of Russia. stone, without requiring the comple- President Putin, who right up to just a So the aggressiveness of Mr. Putin tion of a comprehensive approval proc- few days after the Olympics suddenly internationally is an attempt to try to ess, local communities in New Hamp- shows his true colors when he invades take his people’s eye off of their own fi- shire may not have a meaningful voice Crimea, a part of Ukraine, despite all nancial depravity and, in fact, get it on in the process that deals with Northern of the agreements when the Soviet the international scene where the Pass or reversing the Portland-Mon- Union broke up in the late eighties, President of Russia is quite adept at treal pipeline. I think that is unaccept- early nineties, the agreements that in pounding his chest and banging his fist. able. exchange for moving all of the nuclear The Ukrainians are once again fight- These three projects—Keystone, weapons out of Ukraine back into Rus- ing right now as we speak for their ter- Northern Pass, and Portland-Mon- sia, that Russia would forever recog- ritory. The Ukrainian Government treal—have one important thing in nize and respect the sovereignty of took back the Donetsk airport in East- common: They should undergo the Ukraine—well, that went out the win- ern Ukraine. Then the rebels came comprehensive environmental and safe- dow right after the Olympics, and Mr. back. And I say ‘‘rebels’’ with a wry ty approval process required by exist- Putin showed his true colors. smile. I mean this is the Russian ing law, and that should be done inde- He could couch it in all kinds of Army. They came back and they took pendent of politics. terms, that there is a Russian naval it again. Last week those Russian- Circumventing the Presidential per- base that was there, but the fact is the backed rebels broke a shaky ceasefire mitting process for cross-border pipe- whole world knows what he did, and no agreement and they renewed the fight- lines and electric transmission facili- one could do anything about it. Then ing with the Ukrainian Government ties avoids the due process that is he started to move on the eastern part military. This Senator feels that we needed to determine whether these of Ukraine, and that, of course, is have got to do more to help these peo- projects are in the best interests of the going on as we speak. The so-called ple who are trying to protect their country. rebels aren’t really rebels. They are a independence. If you recall, last year In New Hampshire, Northern Pass front for the Russian military propped we passed the Ukraine Freedom Sup- and the Portland-Montreal pipeline up with actual troops of the Russian port Act which provides further sanc- have raised serious concerns for people military, sometimes disguised as being tions and lethal aid such as antitank who live in areas impacted by these free and independent players simply and anti-armor weapons, counter- projects. That is why I worked with the because they don’t have on their Rus- artillery radars, secure communica- entire New Hampshire congressional sian uniforms; but in fact they have tions equipment, and tactical surveil- delegation in a bipartisan way to en- taken them off and put on uniforms lance drones. All of that was needed. sure that both projects undergo a that are not Russian uniforms to say The fighting that is following ap- transparent, thorough, and comprehen- that they are part of the rebel force. It pears to be a steady buildup of Russian sive review process. That allows the is a ruse and everybody knows it is a support for the rebels. General Hodges, input of local communities who will be ruse. the U.S. Army commander in Europe, affected by these projects. I went last August to Ukraine, spoke said last week that since December Like people in New Hampshire and with almost all of the top-level mem- Russia had doubled its support for the across the country, I share concerns bers of the government and asked what rebels. General Breedlove, the NATO about our Nation’s energy future. it was they needed. To my surprise, at Supreme Commander, said that Rus- Throughout my career I have fought the time they did not say they needed sian electronic warfare and defense sys- for smart policies that will reduce en- lethal equipment. They needed up-to- tems have been detected in the conflict ergy costs in New Hampshire and date, up-to-the-minute intelligence, areas. So let’s not fool ourselves, the across the country, that will help cre- and they needed training. Russian Army is in there and we have ate jobs, and will protect our air and I have urged the U.S. Government to to do more to help them. water from pollution. provide that, and we are providing a On Syria, this Senator feels where we But I don’t believe mandating a number of things. This Senator thinks are having success right now in Iraq project that bypasses the approval it is clearly in the interest of the against ISIS with the multiple strikes process is a smart policy. We need to be United States that we provide more as- from the air, with training up the Iraqi smart and thoughtful about our energy sistance to the Government of Ukraine Army as the boots on the ground, in- future. I think it would set a dangerous so their military can have the equip- cluding some American boots on the precedent for other projects that could ment, including lethal assistance, to ground that are advisers and trainers— have serious consequences in New hold off Putin’s aggression in Eastern at the end of the day we are going to Hampshire and in other States around Ukraine. have to do this in Syria if we are going the country. This is a particularly critical time. I to be successful. It is a lot more com- I appreciate the debate we have had was there last summer, but what has plicated in Syria because of the Assad here on the Senate floor about the Key- happened in the meantime is over the government. The Free Syrian Army we stone Pipeline, but I will be opposing course of the past year oil has gone are now starting to train—it is almost this bill. from $100 to $46 a barrel. I remember an impossible task. We train them, I yield the floor, and I suggest the ab- asking someone when I was there and they go in, they try to attack ISIS. sence of a quorum. in the Baltic States what did oil need ISIS attacks them, but so does the The PRESIDING OFFICER. The to get to and below in order for Mr. Assad regime. That is not a recipe for clerk will call the roll. Putin to start really feeling the pinch, success. The assistant legislative clerk pro- and they said anything under $85 a bar- We are working with the vetted oppo- ceeded to call the roll. rel. It is now around $46 a barrel. Al- sition fighters to go after ISIS in Mr. NELSON. Mr. President, I ask though Russia has significant reserves Syria. We have to supply support. We unanimous consent that the order for as of a few months ago, about $450 bil- have to supply lethal support in addi- the quorum call be rescinded. lion of cash in reserves, that is lower tion to the training and equipment in

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.029 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S566 CONGRESSIONAL RECORD — SENATE January 28, 2015 order for them to be successful. And for year. That being the case, raising these we pulled in on the morning of the them to be successful, it is absolutely issues as floor amendments on an unre- celebration, it seemed to me that the in the interest of the United States. lated bill is, in my view, very counter- entire town was there. Over the course Congress has approved the training and productive. of that day—which included a hike, a equipping of vetted elements of the Finally, I would like to note that picnic, and a formal program—it was Syrian opposition, and the Department these amendments would all be subject amazing to hear from the community of Defense recently announced it will to a constitutional point of order as about the importance of this LWCF deploy 400 personnel in that effort. We they all deal with revenue and would project and how many years so many are going to have to do a lot more. need to be passed first by the House of people in the town devoted themselves The American people are tired of Representatives. I am not going to to getting it done. war, and yet we have a new kind of raise that point of order at this time; I Many of our mountain communities enemy, and we are going to have to just want to make note of it for the get huge portions of their revenue and take it right to them where they are. record. business through recreation and tour- Mr. President, I yield the floor. Given all of these concerns, I hope ism, and it is for some of these reasons The PRESIDING OFFICER. The Sen- my colleagues—Senators MERKLEY, that the town felt LWCF literally ator from Utah. CARPER, and HEITKAMP—will withdraw helped cement its economic future. (The remarks of Mr. HATCH per- these amendments so these issues can I was an LWCF supporter before that taining to the introduction of S. 295 are be addressed in the proper forum. If visit, but that day really drove home printed in today’s RECORD under they do not withdraw their amend- the value of the program to me. That is ‘‘Statements on Introduced Bills and ments, I plan to vote against all three only one of countless stories from Colo- Joint Resolutions.’’) of them and urge all of my colleagues— rado. I know it can be replicated thou- Mr. HATCH. Mr. President, I wish to particularly those who have an interest sands of times across the country in all say a few words about some of the in a successful tax reform effort—to do 50 States. Those stories and accom- amendments we will be voting on later the same. plishments alone make this amend- this afternoon—three of them in par- I yield the floor. ment worth supporting. ticular. The amendments I am refer- The PRESIDING OFFICER (Mr. Let’s also remember that when we ring to are the Merkley amendment CRUZ). The Senator from Colorado. are talking about LWCF, we are not No. 125, the Carper amendment No. 120, Mr. BENNET. I congratulate the Pre- talking about taxpayer dollars. When and the Heitkamp amendment No. 133. siding Officer, and I also congratulate Congress crafted the measure back in All three of these amendments address Chairman HATCH for the unanimous 1965, they had a very innovative solu- sensitive tax issues that fall squarely vote he got in today’s markup in the tion for how to pay for their concept. into the jurisdiction of the Senate Fi- Finance Committee. It was a great bi- Instead of using taxpayer dollars from nance Committee, and all of them ad- partisan start to our work, as he said. the Treasury, they decided to dedicate dress issues that are likely to be liti- I hope we will continue to have these a portion of the revenue the govern- gated as the Finance Committee con- discussions in that manner. ment collects from offshore oil drilling tinues its efforts toward comprehensive AMENDMENT NO. 92, AS MODIFIED to fund LWCF. This argument was very tax reform. Mr. BENNET. Mr. President, I wish simple and elegant. The Finance Committee is going to to speak today about the Burr-Bennet As we deplete our natural resources— be very active in this Congress. We had amendment No. 92, which we are slated offshore reserves of oil and gas in this our first bipartisan markup this morn- to vote on later today. I will be brief case—we ought to support the con- ing. We already had two hearings, with because it is pretty straightforward. servation of another natural resource: more scheduled for next week, and per- The amendment simply reauthorizes our lands and waterways. As I men- haps more importantly—at least in the the Land and Water Conservation Fund tioned, Congress passed a law in 1965, context of these three votes we will be and ensures that a dedicated portion of and now it is time to reauthorize it. I having today—we have taken concrete LWCF funds go to provide new access thank Senator BURR, who has shown steps in a process we believe will end in for our Nation’s sports men and great leadership in crafting the amend- the introduction of bipartisan tax re- women. ment to do just that. form legislation. We have appointed As many in this body know, the Land This amendment is thoroughly bipar- five tax reform working groups to ad- and Water Conservation Fund is one of tisan and enjoys cosponsors such as dress the various areas of reform. Our the country’s best and most important Senator AYOTTE, Senator ALEXANDER, hope is that over the next few months conservation programs. It is authorized and Senator TILLIS, just to name a few. these working groups will study the to provide $900 million annually for ef- In fact, I am told there are 246 amend- issues and provide ideas we can use as forts to preserve and increase access to ments that have been filed on this bill, we develop a comprehensive tax reform our public lands and waterways. These and not one amendment has the num- proposal. resources historically have been used ber of cosponsors that this amendment Ranking Member WYDEN is on board for projects that range from building does. This amendment has more co- with this effort. We are working to- city parks, to purchasing small parcels sponsors than any of the remaining 245 gether every step of the way. If we of isolated land from willing sellers, all amendments. start singling out individual tax issues the way to preserving the Nation’s his- Before I close and urge my colleagues here on the floor—even issues Members toric battlefields. to vote yes, I want to paraphrase some- may feel passionately about—we are This past summer in Colorado, we thing I said on the floor last week going to undermine this bipartisan completed a huge LWCF project that about another amendment. Conserva- process. Virtually everyone in both retired several old mining claims on tion policies such as LWCF are impor- parties agrees that we need to fix our the San Juan National Forest near the tant to the American people. Pro- broken, inefficient Tax Code. Sure, town of Ophir. tecting our land and water is mom-and- there are disagreements on what the Over the Fourth of July weekend, the apple-pie stuff in Colorado, and I know substance of tax reform should look town invited me and my family to join our State is not the only one. Con- like, but there is a growing consensus them in a celebration of the accom- served lands and wide-open spaces are a on the need for reform, which is en- plishment, and we took them up on huge economic driver across our coun- couraging. If we are going to be suc- that offer without a moment’s hesi- try, and it is part of who we are in the cessful in tax reform, we need to make tation. West. sure these issues are addressed in the Ophir sits at 9,600 feet above sea We are not only talking about tax-writing committees. level. It is the kind of place that has a backcountry parcels, such as the one I I think it is safe to say that all of the sign on its main road—clearly painted visited in Ophir, we are talking about issues my colleagues are trying to ad- by the kids who live in the town—indi- building new parks in inner cities and dress with their amendments are going cating that their population totals 163 providing new access to hunters and to be litigated one way or another in people, including, according to the anglers. The LWCF does all of these the Finance Committee’s efforts this sign, 55 kids, 30 dogs, and 15 cats. When things and more.

VerDate Sep 11 2014 23:36 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.025 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S567 I say to my colleagues, if you are for The Governors of Montana, South intention to vote nay. Therefore, I ask city kids getting a new playground or Dakota, and Nebraska have already ap- unanimous consent that I be permitted making sure we protect gold medal proved the pipeline route through their to change my vote, since it will not af- trout streams or any number of bene- States. So this amendment is an effort, fect the outcome of the vote. fits in between, then you need to be for I think, to build that opposition over The PRESIDING OFFICER. Without amendment No. 92 from Senator BURR. contamination fears and in turn, pres- objection, it is so ordered. I urge all of my colleagues to support sure those Governors to reverse their (The foregoing tally has been the measure when it comes time for a positions and halt the pipeline’s con- changed to reflect the above order.) vote later this evening. I think we struction. Ms. MURKOWSKI. I move to recon- would make a very meaningful state- I think it is important for colleagues sider the vote. Mr. WICKER. I move to lay that mo- ment about where the Senate is headed to understand the risks to the water supplies along the pipeline path were tion on the table. if we could supply the votes necessary The motion to lay on the table was examined by the State Department’s to actually adopt this amendment. agreed to. I yield the floor. final SEIS. They were found to be not AMENDMENT NO. 70 I suggest the absence of a quorum. significant. Again, I will vote no on The PRESIDING OFFICER. Under The PRESIDING OFFICER. The this amendment and strongly encour- the previous order, there is now 2 min- clerk will call the roll. age my colleagues to join me with this. utes of debate prior to a vote in rela- The legislative clerk proceeded to The PRESIDING OFFICER. Under tion to amendment No. 70, offered by call the roll. the previous order, the question occurs the Senator from Michigan, Mr. Mr. CARDIN. I ask unanimous con- on agreeing to amendment No. 75. PETERS. Mr. CARDIN. I ask for the yeas and sent that the order for the quorum call Who yields time? be rescinded. nays. The Senator from Michigan. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there a Mr. PETERS. Mr. President, as FLAKE). Without objection, it is so or- sufficient second? Michiganders, Senator STABENOW and I dered. There appears to be a sufficient sec- know firsthand how important the AMENDMENT NO. 75 ond. Great Lakes are. The lakes are a vital Mr. CARDIN. Mr. President, it is my The clerk will call the roll. natural resource and an economic en- The legislative clerk called the roll. understanding that in about a minute gine for our State, region, and the en- Mr. CORNYN. The following Senator we are going to be voting on the first of tire country. Unfortunately, is necessarily absent: the Senator from a series of amendments. The first Michiganders also know firsthand the Florida (Mr. RUBIO). amendment is the amendment I have Mr. DURBIN. I announce that the environmental dangers and risks when offered which I talked about before. I it comes to pipeline leaks. Senator from Nevada (Mr. REID) is nec- want to remind my colleagues what We had the worst inland pipeline leak essarily absent. in our Nation’s history near Kala- this amendment does. The PRESIDING OFFICER. Are there mazoo, MI. Cleanup has taken over 4 First, it would require a notification any other Senators in the Chamber de- to Governors and to county officials of years and has cost $1.2 billion. There is siring to vote? a 60-year-old pipeline under the Straits risks to their drinking water supplies The result was announced—yeas 36, of Mackinac where Lake Michigan and that may be caused by the Keystone nays 62, as follows: Lake Huron come together. I cannot Pipeline. [Rollcall Vote No. 31 Leg.] Second, the local officials would have even fathom what would happen if YEAS—36 the right to bring that information there were an accident that contami- Baldwin Gillibrand Nelson nated the Great Lakes. The results back to the Federal Government so Blumenthal Heinrich Peters that action could be taken in order to Booker Hirono Reed would be catastrophic not only for the protect their drinking water supplies. Boxer Kaine Sanders Great Lakes but also the entire coun- Third, it provides a right of action Brown King Schatz try. Cantwell Leahy Schumer for property owners for damages caused That is why we need to act now and Cardin Markey Shaheen act quickly, and I urge my colleagues to their wells and drinking water as a Casey Menendez Stabenow direct result of the Keystone Pipeline Coons Merkley Udall to support the Peters-Stabenow amend- construction. Durbin Mikulski Warren ment. Feinstein Murphy Whitehouse The PRESIDING OFFICER. The Sen- This is a pretty straightforward Franken Murray Wyden ator from Alaska. amendment. It provides States rights NAYS—62 Ms. MURKOWSKI. Mr. President, I in knowing what is happening with re- am not entirely certain I like this gard to their drinking water, and it Alexander Ernst Moran Ayotte Fischer Murkowski amendment. This is the first I have provides property owners rights for the Barrasso Flake Paul heard PHMSA may not have the re- damages that could be caused as a re- Bennet Gardner Perdue sources to do its job. It does seem fair sult of Keystone. Blunt Graham Portman Boozman Grassley to have PHMSA come tell us if they do I would urge my colleagues to sup- Risch Burr Hatch Roberts not have adequate resources. port the amendment. Capito Heitkamp Rounds What I most strongly oppose with Carper Heller The PRESIDING OFFICER. Who Sasse Cassidy Hoeven this amendment is its attempt to tie yields time in opposition? Scott Coats Inhofe the construction of the Keystone XL The Senator from Alaska. Cochran Isakson Sessions Pipeline to an unrelated pipeline in a Shelby Ms. MURKOWSKI. Mr. President, I Collins Johnson different State. There is no limit for would urge colleagues to oppose the Corker Kirk Sullivan Cornyn Klobuchar Tester the PHMSA study and certification in- Cardin amendment. Cotton Lankford Thune cluded here, so we could be looking, in In review, it appears that it is de- Crapo Lee Tillis addition to the already 2,300-some-odd signed to halt the construction of this Cruz Manchin Toomey days this delay has been in place, at pipeline before it even begins. The Daines McCain Vitter Donnelly McCaskill Warner further delays. amendment tells the President to pro- Enzi McConnell Wicker If my colleagues from Michigan are vide this analysis of the potential risks NOT VOTING—2 interested in a PHMSA study, I rec- to public health and environment from ommend they introduce their effort as a leak or rupture and to provide that Reid Rubio a stand-alone bill so it can be consid- to every municipality and every coun- The PRESIDING OFFICER. Under ered by the committee of jurisdiction. ty along the route, as well as to the the previous order requiring 60 votes If it is needed, we can move it through Governors. Then the Governor can pe- for the adoption of this amendment, the regular order and certainly con- tition the President to effectively lo- the amendment is rejected. sider it in the future. cate the pipeline somewhere else, at CHANGE OF VOTE I would ask my colleagues to oppose which point, again, construction could Ms. HEITKAMP. Mr. President, on this amendment, and I remind col- never commence. rollcall No. 31, I voted yea. It was my leagues that we are on 10-minute votes.

VerDate Sep 11 2014 23:57 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.031 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S568 CONGRESSIONAL RECORD — SENATE January 28, 2015 The PRESIDING OFFICER. The we must move aggressively to trans- [Rollcall Vote No. 33 Leg.] question is on agreeing to the Peters form our energy system away from fos- YEAS—40 amendment. sil fuels to energy efficiency and sus- Baldwin Gillibrand Peters Ms. MURKOWSKI. I ask for the yeas tainable energy. Bennet Heinrich Reed and nays. Blumenthal Hirono Sanders This amendment would provide a 15- Booker Kaine Schatz The PRESIDING OFFICER. Is there a percent rebate to homeowners so that Boxer King Schumer sufficient second? we could install 10 million new solar Brown Klobuchar Shaheen There appears to be a sufficient sec- rooftops across the country within 10 Cantwell Leahy Stabenow Cardin Markey Tester ond. years. This would result in enough new Carper Menendez Udall The clerk will call the roll. Casey Merkley electrical generation to retire nearly 20 Warren Coons Mikulski The legislative clerk called the roll. percent of our dirty coal-fired plants Whitehouse Mr. CORNYN. The following Senator Durbin Murphy and create a significant number of new Feinstein Murray Wyden is necessarily absent: the Senator from jobs. Franken Nelson Florida (Mr. RUBIO). So if we are interested in reversing NAYS—58 Mr. DURBIN. I announce that the the dangers of climate change and cre- Alexander Fischer Murkowski Senator from Nevada (Mr. REID) is nec- ating jobs, I would urge Senators to Ayotte Flake Paul essarily absent. support this amendment. Barrasso Gardner Perdue The PRESIDING OFFICER. (Mr. Blunt Graham Portman TOOMEY). Are there any other Senators The PRESIDING OFFICER. The Sen- Boozman Grassley Risch ator from Alaska. Burr Hatch Roberts in the Chamber desiring to vote? Capito Heitkamp Ms. MURKOWSKI. Mr. President, the Rounds The result was announced—yeas 40, Cassidy Heller Sasse Coats Hoeven nays 58, as follows: sponsor of this bill knows that I, too, Scott Cochran Inhofe am a supporter of solar, and I think we Sessions [Rollcall Vote No. 32 Leg.] Collins Isakson YEAS—40 all are, but it is important to recognize Corker Johnson Shelby what this measure would do. When we Cornyn Kirk Sullivan Baldwin Heinrich Peters Cotton Lankford Thune Blumenthal Hirono Reed are talking about the benefits to this Crapo Lee Tillis Booker Kaine Sanders country and how much it will cost, it is Cruz Manchin Toomey Boxer King Schatz important to understand this. Daines McCain Vitter Brown Kirk Schumer Donnelly McCaskill Warner Cantwell Klobuchar When this was first introduced in the Shaheen Enzi McConnell Wicker Cardin Leahy Stabenow 110th Congress, the goal of 10 million Ernst Moran Casey Markey Udall solar roofs legislation was too costly, Coons Menendez Warner NOT VOTING—2 Donnelly Merkley but we have since seen decreased costs Warren Reid Rubio Durbin Mikulski and growth in the solar industry that Whitehouse Feinstein Murphy The PRESIDING OFFICER. Under Wyden have made this Federal assistance un- Franken Murray the previous order requiring 60 votes Gillibrand Nelson necessary. We have seen the residential solar market grow, we have seen the for the adoption of this amendment, NAYS—58 costs drop. The cost of the solar sys- the amendment is rejected. Alexander Ernst Murkowski tems have dropped about 60 percent in Ms. MURKOWSKI. Mr. President, I Ayotte Fischer Paul the last 4 years. Despite these trends, move to reconsider the vote. Barrasso Flake Perdue we are not close to reaching that 1 mil- Mr. CORKER. I move to lay that mo- Bennet Gardner Portman tion on the table. Blunt Graham lion mark let alone the 10 million in- Risch The motion to lay on the table was Boozman Grassley Roberts stallations. So the real question is, Burr Hatch agreed to. Rounds How much is this going to cost us to Capito Heitkamp Sasse AMENDMENT NO. 15 Carper Heller Scott achieve? Cassidy Hoeven The PRESIDING OFFICER. Under Sessions Coats Inhofe The proposed rebate per system is the previous order, there is 2 minutes Shelby Cochran Isakson the lesser of 15 percent of the initial of debate equally divided prior to a Collins Johnson Sullivan capital cost. This puts the Federal Tester vote in relation to amendment No. 15, Corker Lankford Government on the hook for up to $100 Cornyn Lee Thune offered by the Senator from Texas, Mr. Cotton Manchin Tillis billion to pay for these installations. CRUZ. Crapo McCain Toomey We can debate the merits of jobs and The Senator from Texas. Cruz McCaskill Vitter job creation, but I again urge my col- Mr. CRUZ. Mr. President, this Daines McConnell Wicker Enzi Moran leagues to oppose the Sanders amend- amendment would expedite the export ment. of liquid natural gas and would provide NOT VOTING—2 countries that are members of the WTO The PRESIDING OFFICER. The time Reid Rubio the same expedited process that is cur- has expired. The PRESIDING OFFICER. Under rently available to free-trade agree- The question is on agreeing to the the previous order requiring 60 votes ment countries. Sanders amendment. for the adoption of this amendment, There are now in the Department of the amendment is rejected. Ms. STABENOW. I ask for the yeas Energy some 28 applications pending to Ms. MURKOWSKI. Mr. President, I and nays. export liquid natural gas. This should move to reconsider the vote. The PRESIDING OFFICER. Is there a be an amendment that would bring to- Mr. HATCH. I move to lay that mo- sufficient second? gether Republicans and Democrats. A recent study showed that allowing us tion on the table. There is a sufficient second. to export LNG could create as many as The motion to lay on the table was The clerk will call the roll. agreed to. 450,000 new jobs by 2035 that could The legislative clerk called the roll. produce GDP growth of up to an addi- AMENDMENT NO. 23 Mr. CORNYN. The following Senator tional $73.6 billion and produce 76,000 The PRESIDING OFFICER. Under is necessarily absent: the Senator from more manufacturing jobs. It would aid the previous order, there is now 2 min- Florida (Mr. RUBIO). our allies such as Ukraine, the Baltics, utes of debate equally divided prior to Mr. DURBIN. I announce that the and Europe, and would weaken coun- a vote in relation to amendment No. 23, tries such as Russia that would use offered by the Senator from Vermont. Senator from Nevada (Mr. REID) is nec- essarily absent. natural gas for economic blackmail. The Senator from Vermont. I would urge all Senators to support Mr. SANDERS. Mr. President, the The PRESIDING OFFICER. Are there this amendment. scientific community tells us very any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- clearly that if we are going to reverse siring to vote? ator from Massachusetts. climate change and the great dangers The result was announced—yeas 40, Mr. MARKEY. The amendment of- it poses for our country and the planet, nays 58, as follows: fered by the Senator from Texas is

VerDate Sep 11 2014 23:57 Jan 28, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.035 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S569 drafted so broadly that it allows just Casey Klobuchar Reed The Senator from New Mexico. Collins Leahy Sanders about every nation which is a member Coons Manchin Schatz Mr. UDALL. Mr. President, I rise of the World Trade Organization to Donnelly Markey Schumer today to oppose the Moran amendment, automatically receive natural gas ex- Durbin McCaskill Shaheen which would delist the lesser prairie ported from the United States of Amer- Feinstein Menendez Stabenow chicken as a threatened species. ica. The process is just eliminated— Franken Merkley Tester Gillibrand Mikulski Udall To be clear, I appreciate some of the automatic. Heinrich Murphy Warner concerns about this listing by farmers, What will that do? No. 1, it will in- Hirono Murray Warren Kaine Nelson Whitehouse ranchers, and industry. I am concerned crease prices to American consumers. about any unintended consequences The Energy Information Agency has al- King Peters Wyden NOT VOTING—2 this listing may have on rural New ready determined that the LNG export Mexicans. I strongly support and I as- facilities already approved are going to Reid Rubio sume the Senator from Kansas sup- lead to a 50-percent increase in the The PRESIDING OFFICER. Under ports the bipartisan five-State effort price of natural gas here in America. It the previous order requiring 60 votes for a thorough review. would jeopardize American manufac- for the adoption of this amendment, The Fish and Wildlife Service took turing which has seen 700,000 new jobs the amendment is rejected. created in the last 5 years in America Ms. MURKOWSKI. Mr. President, I numerous steps in this process to re- largely because of low-priced natural move to reconsider the vote. spond to all stakeholders and to enable gas. It is going to increase carbon pol- Mr. CRUZ. Mr. President, I move to habitat conservation and economic lution because it is going to slow the lay that motion on the table. growth. New Mexico has been and con- pace of change from coal over to nat- The motion to lay on the table was tinues to be a leader in cooperative ural gas in the generation of elec- agreed to. conservation in places where the prai- tricity. It is going to undermine our AMENDMENT NO. 125 rie chicken is found. Ranchers and oil trade negotiations because it is all The PRESIDING OFFICER. Under and gas industries deserve their praise going to be given away here on the the previous order, there will now be 2 for their efforts. So it is working and Senate floor. And, finally, it is going to minutes of debate equally divided prior the sky is not falling, but we should harm our national security, because if to a vote in relation to amendment No. not take this top-down political ap- we converted one-third of our trucks 125, offered by the Senator from Or- proach. Listing and delisting of the and buses, it backs out all the oil that egon, Mr. MERKLEY. species by Congress goes against the we import from the Persian Gulf by The Senator from Washington. intent of the law, which requires the using natural gas in American vehicles. AMENDMENT NO. 125 WITHDRAWN government to make these decisions We are going to ship jobs along with Ms. CANTWELL. Mr. President, I ask based on science, not politics. that gas going overseas. I urge a ‘‘no’’ unanimous consent that Merkley I urge my colleagues to vote no. vote on the Cruz amendment. amendment No. 125 be withdrawn. The PRESIDING OFFICER. The time The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there of the Senator has expired. ator’s time has expired. objection? The question is on agreeing to the Without objection, it is so ordered. Under the previous order, the ques- Moran amendment. tion is on agreeing to amendment No. The amendment is withdrawn. AMENDMENT NO. 73 Mr. MCCONNELL. Mr. President, I 15 offered by the Senator from Texas, ask for the yeas and nays. Mr. CRUZ. The PRESIDING OFFICER. Under Ms. MURKOWSKI. I ask for the yeas the previous order, there will be 2 min- The PRESIDING OFFICER. Is there a and nays. utes of debate equally divided prior to sufficient second? The PRESIDING OFFICER. Is there a a vote in relation to amendment No. 73, There is a sufficient second. sufficient second? offered by the Senator from Kansas, The clerk will call the roll. There is a sufficient second. Mr. MORAN. The assistant legislative clerk called The Senator from Kansas. The clerk will call the roll. the roll. The assistant legislative clerk called Mr. MORAN. Mr. President, the U.S. the roll. Fish and Wildlife Service has deter- Mr. CORNYN. The following Senator Mr. CORNYN. The following Senator mined that the lesser prairie chicken is necessarily absent: the Senator from is necessarily absent: the Senator from should be listed in a number of States, Florida (Mr. RUBIO). Florida (Mr. RUBIO). including Kansas, as a threatened spe- Mr. DURBIN. I announce that the Mr. DURBIN. I announce that the cies. The lesser prairie chicken has had Senator from Nevada (Mr. REID) is nec- Senator from Nevada (Mr. REID) is nec- a significant history in our State and a essarily absent. essarily absent. significant population of birds, but as a The PRESIDING OFFICER (Mr. BAR- The PRESIDING OFFICER. Are there result of a drought, the habitat for the RASSO). Are there any other Senators any other Senators in the Chamber de- lesser prairie chicken and other wild- in the Chamber desiring to vote? siring to vote? life has been diminished and the num- The result was announced—yeas 54, The result was announced—yeas 53, ber of birds has decreased. nays 44, as follows: nays 45, as follows: The consequences of listing the lesser [Rollcall Vote No. 35 Leg.] [Rollcall Vote No. 34 Leg.] prairie chicken that results from a YEAS—53 drought is so dramatic and so dam- YEAS—54 Alexander Fischer Murkowski aging to the Kansas economy and to Alexander Ernst Moran Ayotte Flake Paul the farmers and ranchers and the use of Ayotte Fischer Murkowski Barrasso Gardner Perdue their lands, to the oil and gas industry Barrasso Flake Paul Blunt Gardner Perdue Blunt Graham Portman and the exploration of oil and gas, and Boozman Graham Portman Boozman Grassley Risch to the utility industry in regard to the Burr Grassley Risch Burr Hatch Roberts Capito Heitkamp production and transmission of elec- Capito Hatch Roberts Rounds Cassidy Heller Rounds Cassidy Heller Sasse tricity that this amendment is nec- Coats Hoeven Coats Hoeven Sasse Scott essary to set aside that listing as a Cochran Inhofe Cochran Inhofe Scott Sessions Corker Isakson threatened species and to allow inter- Collins Isakson Sessions Shelby Cornyn Johnson est holders in Kansas to come together Corker Johnson Shelby Cotton Kirk Sullivan and find a commonsense solution based Cornyn Kirk Sullivan Thune Cotton Lankford Thune Crapo Lankford upon sound science to protect the habi- Cruz Lee Tillis Crapo Lee Tillis Daines McCain Toomey tat of this bird. Cruz Manchin Toomey Enzi McConnell Vitter This is not just a Kansas issue, and in Daines McCain Vitter Ernst Moran Wicker fact, this species is only the precursor Enzi McConnell Wicker NAYS—45 to problems others will have in their NAYS—44 Baldwin Booker Cantwell States. Baldwin Booker Cantwell Bennet Boxer Cardin The PRESIDING OFFICER. The Sen- Bennet Boxer Cardin Blumenthal Brown Carper ator’s time has expired. Blumenthal Brown Carper

VerDate Sep 11 2014 02:13 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.038 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S570 CONGRESSIONAL RECORD — SENATE January 28, 2015 Casey Klobuchar Sanders The clerk will call the roll. have a seat at the table and their Coons Leahy Schatz The assistant legislative clerk called voices are heard. Donnelly Markey Schumer Durbin McCaskill Shaheen the roll. The current administration, as well Feinstein Menendez Stabenow Mr. CORNYN. The following Senators as past administrations—both Repub- Franken Merkley Tester are necessarily absent: the Senator lican and Democratic—have made ef- Gillibrand Mikulski Udall from Texas (Mr. CRUZ), the Senator forts to stretch the intent of the Antiq- Heinrich Murphy Warner Heitkamp Murray from Florida (Mr. RUBIO), and the Sen- Warren uities Act, threatening Montanans’ Hirono Nelson Whitehouse ator from Alabama (Mr. SESSIONS). ability to manage our State’s re- Kaine Peters Wyden Mr. DURBIN. I announce that the King Reed sources. Senator from Nevada (Mr. REID) is nec- It is a trend we are seeing. Any bill NOT VOTING—2 essarily absent. designation that impacts land manage- Reid Rubio The PRESIDING OFFICER. Are there ment should be locally driven, not The PRESIDING OFFICER. Under any other Senators in the Chamber de- spearheaded in Washington. the previous order requiring 60 votes siring to vote? I urge my colleagues to support this for the adoption of this amendment, The result was announced—yeas 44, amendment. the amendment is rejected. nays 52, as follows: The PRESIDING OFFICER. The Sen- AMENDMENT NO. 148 [Rollcall Vote No. 36 Leg.] ator from Washington. Under the previous order, there is YEAS—44 Ms. CANTWELL. Mr. President, now 2 minutes of debate equally di- Baldwin Gillibrand Nelson speaking in opposition to this amend- vided prior to a vote in relation to Bennet Heinrich Peters ment, there is a reason why they call it amendment No. 148, offered by the Sen- Blumenthal Hirono Reed a national monument. That is because Booker Kaine Sanders it is a national process, and it is a na- ator from Rhode Island, Mr. WHITE- Boxer King Schatz tional decision. HOUSE. Brown Klobuchar Schumer The Senator from Rhode Island. Cantwell Leahy Shaheen Yes, Presidents of the United States Mr. WHITEHOUSE. Mr. President, Cardin Manchin Stabenow consult with Governors and consult Carper Markey Tester the underlying measure benefits spe- Casey McCaskill with State legislators, but they are not Udall cific investors, specific corporations, Coons Menendez required to have a bill or the authority Warner Donnelly Merkley and pushes regulatory approval of a Warren of the Governor before they make a na- Durbin Mikulski tional monument. specific project. In that sense, it has all Feinstein Murphy Whitehouse the earmarks of the biggest earmark Franken Murray Wyden Nearly half of our national parks, in- ever. cluding the Grand Canyon and Olympic NAYS—52 We have learned from other history National Park, were designated under with earmarks that when you have a Alexander Fischer Murkowski this Antiquities Act. Sixteen Presi- Ayotte Flake Paul project that benefits specific investors Barrasso Gardner Perdue dents—eight Republicans and eight and specific corporations and specific Blunt Graham Portman Democrats—have designated over 130 entities, there is a valuable premium Boozman Grassley Risch national monuments since Teddy Roo- Burr Hatch on having the public know about the Roberts sevelt signed this act in 1906. Capito Heitkamp Rounds campaign contributions relative to Cassidy Heller Sasse I think it has worked well for the Coats Hoeven that project. Scott United States of America. Please turn Cochran Inhofe This bill requires the disclosure of Shelby Collins Isakson down this amendment. Sullivan over $10,000 in campaign contributions Corker Johnson The PRESIDING OFFICER. The from entities that will make more than Cornyn Kirk Thune question is on agreeing to amendment Tillis $1 million off this project. It is the type Cotton Lankford No. 132, the Daines amendment. Crapo Lee Toomey of transparency that many of my Re- Daines McCain Vitter Ms. MURKOWSKI. I ask for the yeas publican colleagues had been for before Enzi McConnell Wicker and nays. they were against it. Ernst Moran The PRESIDING OFFICER. Is there a I urge an ‘‘aye’’ vote. NOT VOTING—4 sufficient second? The PRESIDING OFFICER. The Sen- Cruz Rubio There appears to be a sufficient sec- ator’s time has expired. Reid Sessions ond. The Senator from Alaska. The clerk will call the roll. Ms. MURKOWSKI. Mr. President, The PRESIDING OFFICER. Under the previous order requiring 60 votes The assistant legislative clerk called this amendment is virtually identical the roll. to the text of what we saw last year. It for the adoption of this amendment, the amendment is rejected. Mr. THUNE. The following Senators was tabled by a vote of 52 to 43. This are necessarily absent: the Senator amendment is not relevant to this de- Ms. MURKOWSKI. I move to recon- sider the vote. from Texas (Mr. CORNYN) and the Sen- bate. It is as unnecessary now as it was ator from Florida (Mr. RUBIO). the first time we voted on it. Mr. VITTER. I move to lay that mo- tion on the table. Mr. DURBIN. I announce that the To the extent it is legal for a person Senator from Nevada (Mr. REID) is nec- or a company to make a campaign con- The motion to lay on the table was agreed to. essarily absent. tribution, Federal and State election The PRESIDING OFFICER (Mr. LEE). AMENDMENT NO. 132 laws require public disclosure of those Are there any other Senators in the The PRESIDING OFFICER. Under campaign contributions. Any other Chamber desiring to vote? the previous order, there is now 2 min- more general political activities a com- The result was announced—yeas 50, utes of debate equally divided prior to pany or a person may choose to engage nays 47, as follows: a vote in relation to amendment No. in are governed by existing laws and [Rollcall Vote No. 37 Leg.] regulations as well. For that reason, I 132, offered by the Senator from Mon- YEAS—50 am going to be opposing this amend- tana, Mr. DAINES. ment for a second time and would en- The Senator from Montana. Barrasso Enzi Lankford Blunt Ernst Lee courage my colleagues to do as well. Mr. DAINES. Mr. President, my Boozman Fischer McCain The PRESIDING OFFICER. Under amendment simply expresses the sense Burr Flake McConnell the previous order, the question occurs of Congress that all future national Capito Graham Moran monument designations should be sub- Cassidy Grassley Murkowski on agreeing to amendment No. 148. Coats Hatch Paul Mr. CARDIN. I ask for the yeas and ject to consultation with local govern- Cochran Heitkamp Perdue nays. ments and the approval of the Gov- Collins Heller Portman The PRESIDING OFFICER. Is there a ernor and legislature of the States in Corker Hoeven Risch Cotton Inhofe Roberts sufficient second? which such designation would occur. Crapo Isakson Rounds There appears to be a sufficient sec- This amendment ensures that the peo- Cruz Johnson Sasse ond. ple affected most by these designations Daines Kirk Scott

VerDate Sep 11 2014 02:40 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.005 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S571 Sessions Thune Vitter this is an area where we might be able Sullivan Tillis Vitter Shelby Tillis Wicker Thune Toomey Wicker Sullivan Toomey to work together. I had actually introduced an amend- NOT VOTING—2 NAYS—47 ment that deals with the adaptation Reid Rubio Alexander Franken Murray that helps to assist those communities The PRESIDING OFFICER. Under Ayotte Gardner Nelson that have been affected by climate. We Baldwin Gillibrand Peters the previous order requiring 60 votes Bennet Heinrich Reed see that up in the coastline of Alaska. for the adoption of this amendment, Blumenthal Hirono Sanders Senator MERKLEY has an amendment the amendment is rejected. Booker Kaine Schatz that also deals with adaptation. This is Boxer King Ms. MURKOWSKI. Mr. President, I Schumer about resilience. Brown Klobuchar Shaheen move to reconsider the vote. Cantwell Leahy Stabenow I am going to oppose the sense-of- Mrs. BOXER. I move to lay that mo- Cardin Manchin Tester the-Senate at this time because of Carper Markey tion on the table. Udall Casey McCaskill some of the language. I get a little con- The motion to lay on the table was Coons Menendez Warner fused or am not certain we are stating agreed to. Donnelly Merkley Warren it in the right manner. But I do think AMENDMENT NO 35 Durbin Mikulski Whitehouse . Feinstein Murphy Wyden this process has been healthy in the The PRESIDING OFFICER. Under sense that by having an opportunity to the previous order, there will now be 2 NOT VOTING—3 have amendments come forward, we minutes of debate equally divided prior Cornyn Reid Rubio find out where there might be areas to a vote in relation to amendment No. The PRESIDING OFFICER. Under where we can work to develop future 35, offered by the Senator from Maine, the previous order requiring 60 votes initiatives that we all might be able to Ms. COLLINS. for the adoption of this amendment, support on a bipartisan basis. I look The Senator from Maine. the amendment is rejected. forward to working with the Senator Ms. COLLINS. Mr. President, the Ms. MURKOWSKI. Mr. President, I from Delaware. Senator from Virginia, Mr. WARNER, move to reconsider the vote. The PRESIDING OFFICER. The and I are offering an amendment that Mr. CRUZ. I move to lay that motion question is on agreeing to the amend- would help school officials to learn on the table. ment. about existing Federal programs to im- The motion to lay on the table was Ms. MURKOWSKI. Mr. President, I prove energy efficiency in order to re- agreed to. ask for the yeas and nays. duce school energy costs. It would not authorize any new programs or any AMENDMENT NO. 115 The PRESIDING OFFICER. Is there a sufficient second? new funding. It would simply require a The PRESIDING OFFICER. Under There appears to be a sufficient sec- review of existing Federal programs the previous order, there is now 2 min- and require the Department of Energy utes of debate equally divided prior to ond. The clerk will call the roll. to establish a coordinating structure so a vote in relation to amendment No. that schools can more easily navigate The assistant bill clerk called the 115, offered by the Senator from Dela- the many programs that are scattered roll. ware, Mr. COONS. across the Federal Government. The Senator from Delaware. Mr. CORNYN. The following Senator I know of no opposition to the Mr. COONS. Mr. President, we need is necessarily absent: the Senator from amendment. To try to make life easier to take steps now to prepare for the Florida (Mr. RUBIO). for my colleagues, if it is acceptable to coming impact of climate change on Mr. DURBIN. I announce that the the managers, I would be happy to ac- our Nation’s infrastructure. Senator from Nevada (Mr. REID) is nec- cept a voice vote. The Federal Government plays a cru- essarily absent. I don’t know if my colleague from cial role in protecting our infrastruc- The PRESIDING OFFICER. Are there Virginia has any comments he would ture and partnering with State and any other Senators in the Chamber de- like to make. Federal, tribal, and local governments siring to vote? The PRESIDING OFFICER. The Sen- to prepare. The result was announced—yeas 47, ator from Virginia. The Federal Government, including nays 51, as follows: Mr. WARNER. Mr. President, I agree our Pentagon and the highway admin- [Rollcall Vote No. 38 Leg.] with the Senator from Maine, and I istration, is already planning and pre- YEAS—47 would urge a voice vote as well. paring for these impacts. Many States Ms. MURKOWSKI. Mr. President, I Ayotte Franken Murray are as well. From my home State of Baldwin Gillibrand Nelson thank both Senators, and I ask unani- Delaware to Alaska to Florida, all are Bennet Heinrich Peters mous consent that the 60-vote affirma- already planning responsibly for the fu- Blumenthal Heitkamp Reed tive threshold on the Collins amend- Booker Hirono Sanders ment be vitiated, and I urge its adop- ture impacts of climate change. Pre- Boxer Kaine paring now is only responsible, because Schatz tion by voice vote. Brown King Schumer every dollar invested in planning and Cantwell Klobuchar Shaheen The PRESIDING OFFICER. Is there Cardin Leahy preparing is projected to save us up to Stabenow objection? Carper Manchin Tester $4 in future disaster relief. Casey Markey Without objection, it is so ordered. Udall This amendment is supported by a Collins McCaskill Is there any further debate on the Coons Menendez Warner Collins amendment No. 35? number of organizations—the Amer- Warren Donnelly Merkley If not, the question is on agreeing to ican Society of Civil Engineers, the Na- Durbin Mikulski Whitehouse tional Wildlife Federation, the Union Feinstein Murphy Wyden the amendment. of Concerned Scientists, and others. The amendment (No. 35) was agreed NAYS—51 This amendment does not speak to to. Alexander Ernst McConnell AMENDMENT NO. 120 the human role in climate change or Barrasso Fischer Moran emissions. It simply acknowledges that Blunt Flake Murkowski The PRESIDING OFFICER. Under climate change is having an impact on Boozman Gardner Paul the previous order, there is now 2 min- our infrastructure and suggests that Burr Graham Perdue utes of debate equally divided prior to Capito Grassley planning is responsible. Portman a vote in relation to amendment No. Cassidy Hatch Risch I urge my colleagues to support this Coats Heller Roberts 120, offered by the Senator from Dela- Cochran Hoeven amendment. Rounds ware, Mr. CARPER. Corker Inhofe Sasse The PRESIDING OFFICER. The Sen- Cornyn Isakson The Senator from Washington. Scott ator from Alaska. Cotton Johnson AMENDMENT NO. 120 WITHDRAWN Sessions Ms. MURKOWSKI. Mr. President, I Crapo Kirk Ms. CANTWELL. Mr. President, I ask Cruz Lankford Shelby had a conversation with our colleague Daines Lee unanimous consent that the Carper from Delaware, and I told him I think Enzi McCain amendment No. 120 be withdrawn.

VerDate Sep 11 2014 02:40 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.007 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S572 CONGRESSIONAL RECORD — SENATE January 28, 2015 The PRESIDING OFFICER. Is there [Rollcall Vote No. 39 Leg.] The Senator from Arizona. objection? YEAS—50 Mr. FLAKE. Mr. President, I rise in Without objection, it is so ordered. Barrasso Flake Paul opposition to this amendment. I be- The amendment is withdrawn. Blunt Graham Perdue lieve we do need more certainty, and AMENDMENT NO. 166 Boozman Grassley Portman the certainty ought to be that it is The PRESIDING OFFICER. Under Burr Hatch Risch time for this tax credit—particularly Capito Heller Roberts the previous order, there will now be 2 Cassidy Hoeven Rounds the wind PTC—to expire. This was en- minutes of debate equally divided prior Coats Inhofe Sasse acted 23 years ago as a temporary tax to a vote in relation to amendment No. Cochran Isakson Scott measure. There has been a lot of wind Corker Johnson Sessions 166, offered by the Senator from Alas- Cornyn Kirk that has blown since that time, and we Shelby ka, Ms. MURKOWSKI. Cotton Lankford have a mature industry. In fact, the Sullivan Crapo Lee The Senator from Alaska. Thune other day the President said we are No. Ms. MURKOWSKI. Mr. President, I Cruz Manchin Daines McCain Tillis 1 in the world in wind power. have had an opportunity to speak on Enzi McConnell Toomey We ought to have more certainty, this amendment several different Ernst Moran Vitter and the certainty that needs to be times. Effectively, what we are doing is Fischer Murkowski Wicker there is that the tax credit is going to releasing wilderness study areas if NAYS—48 end and that we stop picking winners within 1 year of receiving the rec- Alexander Feinstein Murphy and losers in the energy economy. ommendation Congress has not yet des- Ayotte Franken Murray With that, I yield the floor. ignated the study area as wilderness. Baldwin Gardner Nelson Mr. GRASSLEY. Mr. President, I Effectively, what is happening is des- Bennet Gillibrand Peters Blumenthal Heinrich Reed would like to speak on Amendment No. ignations will come from the adminis- Booker Heitkamp Sanders 133, offered by Senator HEITKAMP of tration. Congress is the entity that is Boxer Hirono Schatz North Dakota. The amendment is a to approve them. But in the interim Brown Kaine Schumer sense of Congress that the renewable Cantwell King Shaheen these areas are managed as de facto Cardin Klobuchar Stabenow electricity tax credit should be ex- wilderness. In fact, many areas have Carper Leahy Tester tended for 5 years. While I supported been managed as de facto wilderness Casey Markey Udall the amendment, I would like to express for decades because the Congress has Collins McCaskill Warner Coons Menendez Warren my concerns regarding the consider- not acted. Donnelly Merkley Whitehouse ation of this amendment at this time. So simply, what we do in this amend- Durbin Mikulski Wyden I have been an outspoken supporter ment is to put a time period. Until the NOT VOTING—2 of renewable energy for many years. In Congress makes a final determination Reid Rubio fact, I first authored the wind produc- on the wilderness study area, these tion tax credit in 1992 to drive this re- areas will be determined not to be wil- The PRESIDING OFFICER. Under newable energy technology. I have derness and not managed as such. But the previous order requiring 60 votes worked for many years to provide as they are putting a time parameter on for the adoption of this amendment, much certainty as possible to grow the that so that they are not managed as the amendment is rejected. domestic wind industry. Iowa has seen wilderness areas indefinitely. Ms. MURKOWSKI. Mr. President, I an enormous investment in wind en- I would urge a ‘‘yes’’ vote from my move to reconsider the vote. ergy manufacturing and wind farm de- colleagues. Mr. CORNYN. Mr. President, I move velopment. I know firsthand the boom- The PRESIDING OFFICER. The Sen- to lay that motion on the table. and-bust cycle that exists for renew- ator from Washington. The motion to lay on the table was able energy producers when Congress Ms. CANTWELL. Mr. President, this agreed to. fails to extend these critically impor- is a sweeping attack on millions of AMENDMENT NO. 133 tant tax incentives. acres of land recommended for wilder- The PRESIDING OFFICER. Under But I also know this credit won’t go ness. This would nullify much of the the previous order, there will now be 2 on forever. It was never meant to, and Obama administration’s plan for the minutes of debate equally divided prior it shouldn’t. In 2012 the wind industry Arctic National Wildlife Refuge and to a vote in relation to amendment No. was the only industry to put forward a would also immediately abolish wilder- 133, offered by the Senator from North phaseout plan. A number of my col- ness studies on BLM lands in 12 West- Dakota, Ms. HEITKAMP. leagues here in the Senate have been ern States. It would also abolish pro- The Senator from North Dakota. working to construct a responsible, tection for 2.3 million acres in national Ms. HEITKAMP. Mr. President, this multiyear phaseout of the wind tax wildlife refuges. These lands have been amendment will provide a sense of the credit. That is why I am somewhat puz- refuges, and they should be managed Senate that we will provide some cer- zled by an amendment that suggests a accordingly. So I would ask my col- tainty to the American wind and other 5-year extension of this credit. It seems leagues to oppose this amendment. renewable industries by taking a look disconnected with reality. The PRESIDING OFFICER. The at the production tax credits and actu- I would remind my colleagues on the question is on agreeing to the Mur- ally having a forward progress report other side that in November of 2014, the kowski Amendment No. 166. so that they know exactly what the House offer on tax extenders included a Ms. MURKOWSKI. I ask for the yeas rules will be in the future, however multiyear extension of the wind pro- and nays. short or long that may be. Every year, duction tax credit that would have pro- The PRESIDING OFFICER. Is there a as we do the tax extenders, there are vided the certainty and soft landing sufficient second? people waiting to find out if they still There appears to be a sufficient sec- that most of us and the industry sup- have a job. People in my State are ond. port, but President Obama issued a The clerk will call the roll. waiting to know whether they are veto threat before the ink was dry, and The assistant bill clerk called the going to be put to work the next day or as a result the wind incentive expired. roll. even the next week based on what this Again, I strongly support wind en- Mr. CORNYN. The following Senator Congress does. It is so critical that we ergy, but I support a prudent way for- is necessarily absent: the Senator from actually have predictability in this in- ward on an extension of the production Florida (Mr. RUBIO). dustry. tax credit. This amendment fails ter- Mr. DURBIN. I announce that the This is a jobs bill, and it is an energy ribly in that regard. That is why I am Senator from Nevada (Mr. REID) is nec- bill. I can’t imagine anything more disappointed that the Senator from essarily absent. germane to the Keystone XL Pipeline North Dakota insisted on going for- The PRESIDING OFFICER. Are there than a bill that provides both jobs and ward with a 5-year extension on this any other Senators in the Chamber de- certainty to an ‘‘all of the above’’ es- bill. This is not a real effort to extend siring to vote? sential, which is wind. the wind incentive. I am afraid this The result was announced—yeas 50, The PRESIDING OFFICER. Who was simply a politically motivated ef- nays 48, as follows: yields time? fort designed to score political points.

VerDate Sep 11 2014 02:30 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.050 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S573 It is unfortunate that in this case, poli- Sullivan Tillis Vitter amendments. If we can ask the folks to ticking has trumped efforts to achieve Thune Toomey Wicker stick around for these final few and sound, responsible policy. NOT VOTING—2 keep to the 10-minute line. I know Sen- Rather than offer ‘‘gotcha’’ amend- Reid Rubio ator FEINSTEIN is looking to encourage ments on an unrelated bill, we should The PRESIDING OFFICER. Under the women of the Senate to gather for be working together to craft an exten- the previous order requiring 60 votes a meal later on, and that would be im- sion of these important tax incentives for the adoption of this amendment, portant for us. that work for the wind industry, that the amendment is rejected. The PRESIDING OFFICER. The are realistic politically, and that make Ms. MURKOWSKI. Mr. President, I question is on agreeing to Gillibrand sense for the American taxpayer. That move to reconsider the vote. amendment No. 48. effort requires regular order, working Mr. HATCH. I move to lay that mo- The yeas and nays have been pre- through the Finance Committee, to de- tion on the table. viously ordered. termine the most prudent path for- The motion to lay on the table was The clerk will call the roll. ward. It should be done in the context agreed to. The bill clerk called the roll. of comprehensive tax reform, where all AMENDMENT NO. 48 Mr. CORNYN. The following Senator energy tax provisions are on the table, The PRESIDING OFFICER. Under is necessarily absent: the Senator from rather than as a sense of the Congress the previous order, there is now 2 min- Florida (Mr. RUBIO). on the unrelated Keystone XL bill. utes of debate equally divided prior to Mr. DURBIN. I announce that the I hope that with this political exer- a vote in relation to amendment No. 48 Senator from Nevada (Mr. REID) is nec- cise behind us, those of us who seek to offered by the Senator from New York, essarily absent. ensure a responsible transition for the Mrs. GILLIBRAND. The PRESIDING OFFICER. Are there wind production tax credit can get to The Senator from New York. any other Senators in the Chamber de- work and achieve a sensible policy for Mrs. GILLIBRAND. Mr. President, I siring to vote? those who depend on it. It is too bad urge my colleagues to vote in favor of The result was announced—yeas 35, that this ill-timed, ill-conceived the Keystone XL Pipeline Act. As it nays 63, as follows: amendment may have actually harmed stands now, gas companies in this [Rollcall Vote No. 41 Leg.] those efforts. country do not have to comply with YEAS—35 The PRESIDING OFFICER. The the Safe Drinking Water Act—the law Baldwin Franken Nelson question is on agreeing to the amend- that keeps our tapwater clear, safe, Blumenthal Gillibrand Peters ment. and clean. Booker Hirono Reed Boxer King Mr. COATS. Mr. President, I ask for For decades now, this loophole has Sanders Brown Klobuchar Schatz the yeas and nays. exempted hydrofracking and gas stor- Cantwell Leahy Schumer The PRESIDING OFFICER. Is there a age companies from this law, even Cardin Markey Shaheen though every other energy industry, Carper Menendez Stabenow sufficient second? Casey Merkley Warren There appears to be a sufficient sec- including oil and coal industries, is le- Coons Mikulski Whitehouse gally obligated to comply. If big coal Durbin Murphy ond. Wyden The clerk will call the roll. can comply with this law, so can gas Feinstein Murray The bill clerk called the roll. companies. NAYS—63 Mr. CORNYN. The following Senator This special exemption is unfair, it is Alexander Fischer Moran is necessarily absent: the Senator from unnecessary, and it is unsafe. My Ayotte Flake Murkowski Florida (Mr. RUBIO). amendment would finally remove it Barrasso Gardner Paul from the law. I urge my colleagues not Bennet Graham Perdue Mr. DURBIN. I announce that the Blunt Grassley Portman Senator from Nevada (Mr. REID) is nec- to let this chance pass us by. Boozman Hatch Risch essarily absent. I ask for the yeas and nays. Burr Heinrich Roberts The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there a Capito Heitkamp Rounds sufficient second? Cassidy Heller Sasse PERDUE). Are there any other Senators Coats Hoeven Scott in the Chamber desiring to vote? There appears to be a sufficient sec- Cochran Inhofe Sessions The result was announced—yeas 47, ond. Collins Isakson Shelby The yeas and nays were ordered. Corker Johnson Sullivan nays 51, as follows: The PRESIDING OFFICER. The Sen- Cornyn Kaine Tester [Rollcall Vote No. 40 Leg.] Cotton Kirk Thune ator from Alaska. Crapo Lankford Tillis YEAS—47 Ms. MURKOWSKI. Mr. President, Cruz Lee Toomey Baldwin Gillibrand Murray claiming the 1 minute in opposition. As Daines Manchin Udall Bennet Grassley Nelson the Senator from New York has de- Donnelly McCain Vitter Blumenthal Heinrich Enzi McCaskill Warner Peters scribed, this would apply to the re- Booker Heitkamp Reed Ernst McConnell Wicker Boxer Hirono quirements of the Safe Drinking Water Sanders NOT VOTING—2 Brown Kaine Schatz Act to underground ejection of natural Cantwell King Schumer gas. Currently the Safe Drinking Water Reid Rubio Cardin Kirk Shaheen Carper Klobuchar Act expressly prohibits this applica- The PRESIDING OFFICER. Under Stabenow Casey Leahy the previous order requiring 60 votes Tester tion. Collins Markey Udall This amendment to add the require- for the adoption of this amendment, Coons McCaskill Donnelly Menendez Warner ments to the Safe Drinking Water Act the amendment is rejected. Durbin Merkley Warren is beyond the scope of the immediate Ms. MURKOWSKI. I move to recon- Feinstein Mikulski Whitehouse Keystone debate. We are debating the sider the vote. Wyden Franken Murphy approval of a pipeline that is going to Ms. CANTWELL. I move to lay that NAYS—51 carry oil, not gas. If the Senator from motion on the table. Alexander Daines Manchin New York wants to debate the issues of The motion to lay on the table was Ayotte Enzi McCain fracking—most certainly those issues agreed to. Barrasso Ernst McConnell are before the Energy and Natural Re- The PRESIDING OFFICER. The Sen- Blunt Fischer Moran Boozman Flake Murkowski sources Committee, and the Safe ator from Alaska. Burr Gardner Paul Drinking Water Act—I would welcome Ms. MURKOWSKI. Mr. President, I Capito Graham Perdue a stand-alone bill. We will have those ask unanimous consent that the pend- Cassidy Hatch Portman Coats Heller Risch discussions, but on this measure I ing Murkowski substitute, as amended, Cochran Hoeven Roberts would oppose and encourage Members be considered original text for the pur- Corker Inhofe Rounds to vote against the Gillibrand amend- poses of further amendment. Cornyn Isakson Sasse ment. I ask unanimous consent that when Cotton Johnson Scott Crapo Lankford Sessions I would remind Members we are so the Senate resumes consideration of S. Cruz Lee Shelby close to wrapping up this series of 1 tomorrow, Thursday, January 29,

VerDate Sep 11 2014 02:30 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.047 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S574 CONGRESSIONAL RECORD — SENATE January 28, 2015 there be 15 minutes equally divided in ‘‘(C) In this paragraph, the term ‘available ‘‘(2) 50 percent of qualified outer Conti- the usual form and the Senate proceed unleased acreage’ means that portion of the nental Shelf revenues in a special account in to vote on the following amendments outer Continental Shelf that is not under the Treasury from which the Secretary shall in the order listed: Barrasso No. 245; lease at the time of a proposed lease sale, disburse— and that has not otherwise been made un- ‘‘(A) in the case of qualified outer Conti- Cardin No. 124; Burr No. 92, as modi- available for leasing by law. nental Shelf revenues generated from outer fied; Daines No. 246; Vitter No. 80, as ‘‘(6)(A) In the 5-year oil and gas leasing Continental Shelf areas adjacent to Gulf pro- further modified with the changes at program, the Secretary shall make available ducing States— the desk; Udall No. 77; further, that all for leasing any outer Continental Shelf plan- ‘‘(i) 75 percent to Gulf producing States in amendments on this list be subject to a ning area (other than the North Aleutian accordance with subsection (b); and 60-vote affirmative threshold for adop- Basin planning area or the North Atlantic ‘‘(ii) 25 percent to provide financial assist- tion and that no second-degrees be in planning area) that— ance to States in accordance with section order to any of the pending amend- ‘‘(i) is estimated to contain more than 200305 of title 54, United States Code, which 2,500,000,000 barrels of oil; or ments to this bill. I ask unanimous shall be considered income to the Land and ‘‘(ii) is estimated to contain more than Water Conservation Fund for purposes of sec- consent that there be 2 minutes of de- 7,500,000,000,000 cubic feet of natural gas. tion 200302 of that title; and bate equally divided between each vote ‘‘(B) To determine the planning areas de- ‘‘(B) in the case of qualified outer Conti- and that all votes after the first in this scribed in subparagraph (A), the Secretary nental Shelf revenues generated from outer series be 10-minute votes. shall use the document entitled ‘Minerals Continental Shelf areas adjacent to coastal I further ask that once these amend- Management Service Assessment of Undis- States described in section 102(5)(B), 100 per- ments have been disposed of, the Sen- covered Technically Recoverable Oil and Gas cent to the coastal States in accordance with ate agree to proceed to the motion to Resources of the Nation’s Outer Continental subsection (b).’’; Shelf, 2006’.’’. reconsider the failed cloture vote on S. (4) in subsection (b)— 1; that the motion to reconsider be SEC. l03. DISPOSITION OF REVENUES. (A) in the subsection heading, by striking (a) DEFINITIONS.—Section 102 of the Gulf of ‘‘GULF PRODUCING STATES’’ and inserting agreed to and the Senate proceed to Mexico Energy Security Act of 2006 (43 ‘‘COASTAL STATES’’; vote on the motion to invoke cloture U.S.C. 1331 note; Public Law 109–432) is (B) by redesignating paragraph (3) as para- on the bill, upon reconsideration. I ask amended— graph (4); consent that if cloture is invoked on (1) by redesignating paragraphs (5) through (C) by inserting after paragraph (2) the fol- the bill, as amended, all time (11) as paragraphs (6) through (12), respec- lowing: postcloture be considered expired at tively; ‘‘(3) ALLOCATION AMONG CERTAIN ATLANTIC 2:30 p.m. (2) by inserting after paragraph (4) the fol- STATES AND THE STATE OF ALASKA FOR FISCAL The PRESIDING OFFICER. Is there lowing: YEAR 2016 AND THEREAFTER.— objection? ‘‘(5) COASTAL STATE.—The term ‘coastal ‘‘(A) IN GENERAL.—Subject to subparagraph Without objection, it is so ordered. State’ means— (B), effective for fiscal years 2016 and each ‘‘(A) each of the Gulf producing States; and fiscal year thereafter, the amount made The amendment (No. 80), as further ‘‘(B) effective for fiscal year 2016 and each available under subsection (a)(2)(B) shall be modified, is as follows: fiscal year thereafter— allocated to each coastal State described in At the end, add the following: ‘‘(i) the State of Alaska; and section 102(5)(B) in amounts (based on a for- TITLE l—OUTER CONTINENTAL SHELF ‘‘(ii) for leasing in the Atlantic planning mula established by the Secretary by regula- OIL AND GAS LEASING REVENUE areas, each of the States of Florida, Georgia, tion) that are inversely proportional to the SEC. l01. REVENUE SHARING FROM OUTER CON- North Carolina, South Carolina, and Vir- respective distances between the point on TINENTAL SHELF WIND ENERGY ginia.’’; the coastline of each coastal State described PRODUCTION FACILITIES. (3) in paragraph (10) (as so redesignated), in section 102(5)(B) that is closest to the geo- The first sentence of section 8(p)(2)(B) of by striking subparagraph (A) and inserting graphic center of the applicable leased tract the Outer Continental Shelf Lands Act (43 the following: and the geographic center of the leased U.S.C. 1337(p)(2)(B)) is amended by inserting ‘‘(A) IN GENERAL.—The term ‘qualified tract. after ‘‘27 percent’’ the following: ‘‘, or, begin- outer Continental Shelf revenues’ means— ‘‘(B) MINIMUM ALLOCATION.—The amount ning in fiscal year 2016, in the case of ‘‘(i) with respect to the Gulf producing allocated to a coastal State described in sec- projects for offshore wind energy production States, in the case of fiscal year 2017 and tion 102(5)(B) each fiscal year under subpara- facilities, 37.5 percent’’. each fiscal year thereafter, all rentals, royal- graph (A) shall be at least 10 percent of the SEC. l02. OUTER CONTINENTAL SHELF LEASING ties, bonus bids, and other sums due and pay- amounts available under subsection PROGRAM REFORMS. able to the United States received on or after (a)(2)(B).’’; and Section 18(a) of the Outer Continental October 1, 2016, from leases entered into on (D) in paragraph (4) (as redesignated by Shelf Lands Act (43 U.S.C. 1344(a)) is amend- or after December 20, 2006; subparagraph (B)), by striking ‘‘paragraphs ed by adding at the end the following: ‘‘(ii) with respect to each of the coastal (1) and (2)’’ and inserting ‘‘paragraphs (1), (2), ‘‘(5)(A) In each oil and gas leasing program States described in paragraph (5)(B)(ii), all and (3)’’; and under this section, the Secretary shall make rentals, royalties, bonus bids, and other (5) in subsection (f), by striking paragraph available for leasing and conduct lease sales sums due and payable to the United States (1) and inserting the following: including at least 50 percent of the available from leases entered into in the Atlantic ‘‘(1) IN GENERAL.—Subject to paragraph (2), unleased acreage within each outer Conti- planning areas on or after October 1, 2015; the total amount of qualified outer Conti- nental Shelf planning area (other than the and nental Shelf revenues made available to North Aleutian Basin planning area or the ‘‘(iii) with respect to the State of Alaska, coastal States under subsection (a)(2) shall North Atlantic planning area) considered to in the case of fiscal year 2022 and each fiscal not exceed— have the largest undiscovered, technically year thereafter, all rentals, royalties, bonus ‘‘(A) in the case of the coastal States de- recoverable oil and gas resources (on a total bids, and other sums due and payable to the scribed in section 102(5)(A)— btu basis) based on the most recent national United States received on or after October 1, ‘‘(i) $500,000,000 for fiscal year 2017; geologic assessment of the outer Continental 2021, from leases entered into on or after ‘‘(ii) $520,000,000 for fiscal year 2018; Shelf, with an emphasis on offering the most March 1, 2005.’’; and ‘‘(iii) $525,000,000 for each of fiscal years geologically prospective parts of the plan- (4) in paragraph (11) (as so redesignated), 2019 and 2020; ning area. by striking ‘‘Gulf producing State’’ each ‘‘(iv) $575,000,000 for each of fiscal years ‘‘(B) The Secretary shall include in each place it appears and inserting ‘‘coastal 2021 through 2025; and proposed oil and gas leasing program under State’’. ‘‘(v) $699,000,000 for each of fiscal years 2026 this section any State subdivision of an (b) DISPOSITION OF REVENUES.—Section 105 through 2055; outer Continental Shelf planning area (other of the Gulf of Mexico Energy Security Act of ‘‘(B) in the case of the coastal States de- than the North Aleutian Basin planning area 2006 (43 U.S.C. 1331 note; Public Law 109–432) scribed in section 102(5)(B)(ii)— or the North Atlantic planning area) that is amended— ‘‘(i) $25,000,000 for each of fiscal years 2018 the Governor of the State that represents (1) in the section heading, by striking through 2020; that subdivision requests be made available ‘‘FROM 181 AREA, 181 SOUTH AREA, AND ‘‘(ii) $75,000,000 for each of fiscal years 2021 for leasing. The Secretary may not remove 2002–2007 PLANNING AREAS OF GULF OF through 2025; such a subdivision from the program until MEXICO’’; ‘‘(iii) $200,000,000 for each of fiscal years publication of the final program, and shall (2) by striking ‘‘Gulf producing State’’ 2026 through 2055; and include and consider all such subdivisions in each place it appears (other than paragraphs ‘‘(iv) $300,000,000 for each of fiscal years any environmental review conducted and (1) and (2) of subsection (b)) and inserting 2056 through 2065; and statement prepared for such program under ‘‘coastal State’’; ‘‘(C) in the case of the State of Alaska— section 102(2) of the National Environmental (3) in subsection (a), by striking paragraph ‘‘(i) $25,000,000 for each of fiscal years 2022 Policy Act of 1969 (42 U.S.C. 4332(2)). (2) and inserting the following: through 2025;

VerDate Sep 11 2014 05:58 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.058 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S575 ‘‘(ii) $100,000,000 for each of fiscal years 2026 Mr. UDALL. Mr. President, let me tificially low interest rates. In 10 years through 2055; and just say to the two leaders on the floor we will pay about $827 billion a year ‘‘(iii) $199,000,000 for each of fiscal years who have participated in this open just to service the debt. That is 3 per- 2056 through 2065.’’. amendment process that I really appre- cent of our economy just to pay inter- The PRESIDING OFFICER. The Sen- ciate the way Chairwoman Murkowski est on the debt. That is unsustainable. ator from Alaska. and Ranking Member CANTWELL have Don’t take my word for it, though. Ms. MURKOWSKI. Mr. President, I worked through this bill. I really ap- You can take CBO’s. They said: think Members have been given the preciate all their help. Such large and growing Federal debt would outline for tomorrow morning that will I have heard, at least on our side of have serious negative consequences, includ- take us through a final vote on cloture the aisle, over and over that this is the ing increasing Federal spending for interest so that we can get to final passage of way the Senate should be moving, this payments; restraining economic growth in the long term; giving policymakers less the Keystone XL Pipeline. is the way we should be working. So I I appreciate the consideration and flexibility to respond to unexpected chal- think all of us are very appreciative of the courtesy of all Members. It has lenges; and eventually heightening the risk how the two managers of the bill have been a long day. We have worked of a financial crisis. worked together. through about a dozen additional I have been working on these issues— I thank my colleagues, and I yield amendments, if my count is correct, this issue in particular—for a long the floor. and we have done it in pretty good time, and I have to admit that some- The PRESIDING OFFICER. The Sen- order. We have done it while there have times it is tough to get people to focus ator from Alaska. been a number of committee meetings on this topic. But we shouldn’t be Ms. MURKOWSKI. I thank our col- fooled and patting ourselves on the going on, which can be very disruptive, league for his kind comments. We do but I think with the level of coopera- back just because we have done things have one more consent request here such as getting rid of earmarks. That tion we have had, we will be able to very briefly. conclude our business at a relatively is a good thing, but it is certainly in- I ask unanimous consent that the sufficient to address our spending. civilized hour this evening. order of votes on the Burr and the I appreciate the good work of my The culture in Washington is still the Daines amendments be reversed. partner and ranking member Senator culture of runaway spending, not just The PRESIDING OFFICER. Without in earmarks, as I said, not just in CANTWELL in getting us to this place. I objection, it is so ordered. am hopeful that with the number of wasteful spending. For example, spend- Ms. MURKOWSKI. With that, Mr. ing on Social Security, Medicare, and amendments we have outlined for the President, I again thank Members for morning and then the handful of ger- Medicaid will nearly double over the their cooperation today and look for- next decade alone. This is not a rev- mane amendments we will have in the ward to yet another productive day to- afternoon, we will be able to move on enue problem that we are having. Pro- morrow. jected revenues will exceed their 50- to other business before the Senate. I yield the floor. But I thank my colleagues for all of year historical average of 17 percent of The PRESIDING OFFICER. The Sen- GDP this year and will grow to over 18 the effort and cooperation we have had ator from North Dakota. to this point. percent of the economy in this decade. Mr. HOEVEN. Mr. President, I want The culture of spending in Wash- The PRESIDING OFFICER. The Sen- to express my appreciation to the bill ator from Washington. ington is something that defies logic, managers for their hard work today defies math and an honest assessment Ms. CANTWELL. Mr. President, I and for their efforts in the work that wish to thank my colleague from Alas- of who we are as a country. As a result, was done in a bipartisan way on this the United States is fast becoming a ka for her hard work in getting us legislation. I know both the bill man- through this process. I think our col- once-prosperous nation. We don’t want agers have spent an awful lot of time that designation. It is truly a fright- leagues can see the daylight to fin- putting together these amendments, ishing this up tomorrow, hopefully. I ening distinction. Yet too few in Wash- and I think they have really bent over ington are motivated to get this coun- know Members have worked across the backward to make sure Members on aisle on some of these remaining try’s fiscal house in order. One has to both sides of the aisle have had an op- wonder how bad it is going to have to issues, and we are still trying to work portunity to file their amendments, to a few of them out. So hopefully tomor- get to prod those who are not yet moti- make those amendments pending, and vated. row will go as smoothly as today has. to get votes on the amendments. So I I would like to turn now to my col- Some will argue that we need to take would like to express my appreciation league from New Mexico to call up his baby steps to address our fiscal crisis. to both of them for all the work they amendment. I think we are well past that time, but The PRESIDING OFFICER. The Sen- have done and for the process today in whatever kinds of steps we take, we ator from New Mexico. voting on amendments. need to take them now. We need to With that, I yield the floor. AMENDMENT NO. 77 turn this culture of spending in Wash- The PRESIDING OFFICER. The Sen- ington to one that will fully repair our (Purpose: To establish a renewable elec- ator from Arizona. tricity standard, and for other purposes) economy. That will give the private THE ECONOMY Mr. UDALL. Mr. President, I ask sector the stability and confidence to Mr. FLAKE. Mr. President, yesterday create jobs. We also need to reform our unanimous consent to set aside the the Congressional Budget Office—the pending amendment so that I may call cumbersome Tax Code. Most of all, we CBO—released its budget and economic need to relieve future generations of up my amendment No. 77. outlook showing the forecast through The PRESIDING OFFICER. Is there the burden of our financial mess. 2025. It should strike fear in the heart objection? In short, it is well past time to start of anybody who is concerned about this Without objection, it is so ordered. climbing our way out of this fiscal hole The clerk will report. country’s financial future. we are in. The bill clerk read as follows: The very short-term news is good. I yield the floor. The Senator from New Mexico [Mr. The deficit is projected to fall—but The PRESIDING OFFICER. The Sen- UDALL], for himself, Mr. MARKEY, and Mr. only for another 2 years. In 2017 the ator from Rhode Island. BENNET, proposes an amendment numbered deficit is projected to start rising again CLIMATE CHANGE 77. to $1.1 trillion in 10 years. That is the Mr. WHITEHOUSE. Mr. President, I Mr. UDALL. I ask unanimous con- annual deficit. By 2025 the deficit will am here now for the 87th consecutive sent that the reading of the amend- be 4 percent of our overall economy. week the Senate has been in session to ment be dispensed with. Right now the country’s debt in cu- urge action on climate change. The PRESIDING OFFICER. Without mulative deficits over the years—the We have had an interesting couple of objection, it is so ordered. cumulative debt—is $18 trillion. This weeks on the Keystone Pipeline, but (The amendment is printed in the year we will pay about $277 billion just from a climate change and carbon pol- RECORD of January 20, 2015, under servicing that debt. That amount lution point of view, this would obvi- ‘‘Text of Amendments.’’) might seem low, but it is because of ar- ously not be helpful. Indeed, it would

VerDate Sep 11 2014 03:30 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.012 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S576 CONGRESSIONAL RECORD — SENATE January 28, 2015 be a disaster leading to as much as 27 United. And since then, the Republican some studies say nothing like this has million—27 million—metric tons of ad- Party has been virtually muzzled on been seen on the face of the Earth for ditional carbon dioxide emitted per that subject. So having Republicans as long as 300 million years. When we year. To put that number into some talk about climate change on the Sen- consider that our species has been perspective, that is the equivalent of ate floor was something of a revela- around for about 200,000 years, that is a adding 6 million cars and trucks to our tion, and I don’t think we should un- pretty long window to be launching roads for 50 years. So it is a very con- derestimate the importance of that or new and dramatic changes in our siderable carbon price to pay. undervalue what was said. oceans. We have seen a poster used on the The senior Senator from North Caro- There is nothing new about the Senate Floor that says it will have no lina came to the floor and said this: science that supports this. John Tyn- environmental effect. That is not pre- The concept that climate change is real, I dall wrote the first report about the cisely true. Indeed, precisely the oppo- completely understand and accept. To the greenhouse gas effect to the British site is true. This is the environmental point of how much man is contributing, I Academy of Sciences in 1861. The pages effect it will have, and it is consider- don’t know, but it does make sense that who are here and have studied history able. The report referred to went on to man-made emissions are contributing. will know that 1861 was the year Presi- . . . the greenhouse gas effect seems to me dent Lincoln took office. So the sci- say that it would be offset by the fact scientifically sound. The problem is that how that this fuel would go out by rail any- you fix this globally is going to require more entific community has been aware of way. But that offset was conditioned than just the U.S. being involved. the greenhouse gas phenomenon since on a fuel price above $75 per barrel of Which I think we all agree with. Abraham Lincoln was driving up and oil, and we are at $50. So there is no The senior Senator from Alaska, who down Pennsylvania Avenue in a car- way that conclusion can stand, and the is our chairman of the Energy and Nat- riage with his top hat on. underlying fact is what prevails—27 ural Resources Committee and the There is not much new that is there, million metric tons of additional car- floor manager on this very bill, agreed, and the latest data is clearer and clear- bon dioxide. stating that she hopes we can all, er that we just continue apace to warm the planet. It is obviously very bad from an envi- quoting her, get beyond the discussion Professor Jonathan Overpeck is at ronmental perspective. It is a lot of as to whether or not climate change is ‘‘not much’’ from a jobs perspective. the University of Arizona, and Arizona real and talk about what do we do. is certainly feeling the heat. Professor Every 4 days we add more jobs than the I look forward to that discussion Overpeck said: construction of this pipeline just about what do we do. It is not enough through the economic recovery that is just to say, OK, we finally concede that The global warmth of 2014 is just another reminder that the planet is warming and taking place. climate change is really happening. We warming fast. . . . Humans, and their burn- This is a little bit hard to explain, really do have to get on to what do we ing of fossil fuels, are dominating the particularly when you think that this do. Earth’s climate system like never before. bill is going to be dead on arrival at Even if you disagree with me that It is equally clear, when we look at the White House. We have known from climate change is real and very signifi- the oceans, they not only absorb a lot the beginning that this is going to be cant and consequential for our coun- of the carbon dioxide and acidify as a vetoed. But it has allowed the oil and try, if you will spot me that there is result—they absorb most of the heat. the fossil fuel industry to show their just a 10-percent chance that I am In fact, they absorb 90 percent of the hands. This is all being done on behalf right—even just a 2-percent chance excess heat that has been trapped by of a foreign oil company and on behalf that I am right—when we consider the the greenhouse gases that we have of the fossil fuel industry. possible harms, it is something that flooded our atmosphere with. When we look at what we have been grownup adults and responsible people I certainly see that in Rhode Island, through in the past couple of days, ought to take a look at and come to- where Narragansett Bay’s mean winter there are some interesting choices the gether and decide what to do. water temperature is up 3 to 4 degrees Senate has made if you are a foreign We have been through some very no- Fahrenheit since we had our big hurri- oil company. If you are a foreign oil table benchmarks. We hit for the first cane of 1938. That is significant, be- company, we will let you use eminent time last year 400 parts per million of cause it means more likely storms. It domain to extinguish the property carbon dioxide in our atmosphere for is associated with sea level rise. We rights of farmers and ranchers and more than 3 months. They have been have 10 more inches of sea level at the take their farms and ranches away. If tracking this in Hawaii, at the top of Newport Naval Station. So if the 1938 you are a foreign oil company, we will the mountain at the Mauna Loa lab- hurricane were to repeat itself now, it exempt you from the oilspill recovery oratory for decades now, and 400 parts would have 10 more inches of sea to fund—the Federal excise tax on petro- per million for more than 3 months is hammer against our shores. And that is leum—so you don’t have to pay the a new record. not a complicated measure, either. We taxes American companies have to pay. To put that in context: For as long as do that with thermometers. If you are a foreign oil company, we human beings have been on this planet, So since the Industrial Revolution, will not require you to use American all the way back to when we were liv- human beings have dumped 2 trillion steel in a pipeline being built across ing in caves, the range of carbon in the metric tons of carbon dioxide into the America being touted as a source of atmosphere has been 170 to 300 parts air and into the atmosphere. Said an- American jobs. If you are a foreign oil per million. So we are well outside the other way, that is 2,000 billion metric company, we won’t require you to sell range that has been our comfortable tons of carbon dioxide. it in the American market even though safe range for human habitation of this The notion that has no effect, when it is touted as a product that will help planet during our entire human experi- we have known since Abraham Lin- balance America’s energy portfolio. ence, and 400 is a big move when our coln’s day that carbon dioxide is a So, so far, not much good to show for entire range is only 130 points and now greenhouse gas, and when we put that all of this but one thing, and that is we are 100 parts per million out of that. much in and when we can measure that that this exercise has at last brought Some of this lands in the oceans. The it is at 400 for the first time in human the issue of climate change to the floor oceans have absorbed about a quarter history—connect the dots. How much of the Senate. of all our carbon emissions. We can does it take? It is really pretty obvi- We have not had much debate about measure their pH level. This isn’t com- ous. climate change since the Citizens plicated. This isn’t something we have Folks who remain skeptical—well, I United decision back in 2010 allowed to do with elaborate computer models. know, I am not a scientist. I get that. the fossil fuel industry to cast a very What we see is that the pH level of So ask one. That is all I request. And I long shadow of intimidation across this the oceans is changing rapidly. The don’t think that is too much to ask of body. They spend a huge amount of the oceans are acidifying rapidly. When I colleagues. And, by the way, do me one money that has been freed up by Citi- say rapidly, they are acidifying at a favor. You can ask the scientist that zens United. They spend a huge amount rate that we have not seen in 25 to per- you please, but please don’t ask a sci- of dark money that flows post Citizens haps 30 or 50 million years. Indeed, entist who is in the pay of the fossil

VerDate Sep 11 2014 03:30 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.060 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S577 fuel and the denial industry. There are opening that the distinguished senior 2020. Mr. Richmond oversaw the Louis- a bunch of them who are out there. Senator from Alaska and the distin- ville Urban League’s move to a new They turn up at all the usual denial guished senior Senator from South headquarters in 1990. And under Mr. conferences. They write in the denial Carolina have opened for us, and let us Richmond’s tenure, the Louisville journals. They take money from the do what is right by our country and by Urban League was just one of 13 Urban denial organizations that all have fos- the judgment that we can anticipate League affiliates nationwide to receive sil fuel industry funding behind them. from history. a top score in a self-audit required by Go to someplace neutral. I yield the floor. the National Urban League. For instance, go to your own State I suggest the absence of a quorum. I should add my interest in the Urban university, like the University of Ari- The PRESIDING OFFICER. The League is personal—my father once zona or the University of Oklahoma. clerk will call the roll. served on the board of the Louisville The dean of the relevant department at The assistant legislative clerk pro- Urban League. I believe he knew Ben the University of Oklahoma signed the ceeded to call the roll. Richmond. We are lucky, that after his IPCC report and started Climate Cen- Mr. HOEVEN. Mr. President, I ask retirement, Mr. Richmond plans on tral. Ask your own university. Ask any unanimous consent that the order for staying in Louisville. Our city can con- major scientific organization. All the the quorum call be rescinded. tinue to benefit from his wisdom and major recognized scientific organiza- The PRESIDING OFFICER. Without experience. tions in the United States of America objection, it is so ordered. I want to wish my good friend Mr. are on board, agree that this is real, f Ben Richmond all the best in retire- agree that this is important, agree that ment, and I ask my Senate colleagues MORNING BUSINESS it is vital, and believe that we are actu- to join me in congratulating Ben for ally near the tipping point that may Mr. HOEVEN. Mr. President, I ask his successful tenure at the helm of the make the damage irrecoverable. unanimous consent that the Senate Louisville Urban League. The city of If you don’t want to go to your home proceed to a period of morning busi- Louisville and the State of Kentucky State university and if you don’t want ness, with Senators permitted to speak have certainly benefitted immeas- to go to America’s major scientific so- for up to 10 minutes each. urably by his many efforts over the cieties, try NOAA and NASA. The PRESIDING OFFICER. Without decades. Think about NASA for a moment. As objection, it is so ordered. The Louisville Courier-Journal news- I give this speech, there is a Rover that f paper recently published an article ex- is the size of an SUV being driven tolling Mr. Ben Richmond’s many ac- around on the surface of Mars. We built TRIBUTE TO BEN RICHMOND complishments. I ask unanimous con- a Rover, shot it to Mars, landed it safe- Mr. MCCONNELL. Mr. President, I sent that said article be printed in the ly, and are now driving it around. Do rise to pay tribute to a great Ken- RECORD. we think those scientists might actu- tuckian and a man who has dedicated There being no objection, the mate- ally know something? Do we think his entire career to promoting civil rial was ordered to be printed in the they might know what they are talk- rights and helping people. My good RECORD, as follows: ing about? Do we think they might friend Ben Richmond, the longtime [From the Courier-Journal, Jan. 21, 2015] merit our confidence? So ask them and president and CEO of the Louisville URBAN LEAGUE CEO RICHMOND RETIRING see what they say. Urban League, recently announced his Or, if you want, ask some of Amer- impending retirement from that posi- (By Sheldon S. Shafer) ica’s leading corporations. If you are tion. Mr. Richmond has served as presi- Ben Richmond, a cornerstone of local so- from Arkansas, go and ask Walmart. dent and CEO of the Louisville Urban cial activism for more than a quarter cen- tury and a major advocate of economic They will tell you. If you are from League for nearly 30 years—since 1987. Georgia, go and ask Coca-Cola. They equality, is retiring as president and CEO of Mr. Richmond is a civil rights cham- the Louisville Urban League. will tell you. This is not hard to dis- pion who has led a venerable civil cover once you get away from that lit- Richmond announced his impending retire- rights institution such as the Louis- ment at an Urban League board meeting tle stable of denial scientists who are ville Urban League to new heights. Tuesday, after serving as head of the civil- so closely affiliated with the fossil fuel Under his tenure, the Louisville Urban rights organization since 1987. industry. League has promoted job training and Under the leadership of Richmond, a main- I do this every week because we have education for many in Louisville’s Af- stay in the push to improve economic devel- the arrogance so often here to think opment in western Louisville, the Urban rican-American community. His body how much our laws—the laws that we League has long been dedicated to promoting of work is so outstanding that in 2007 pass—matter. But the laws that we job training and education, primarily for pass are passing things. They come and he received from the city the Dr. Mar- Louisville’s poorer citizens. they go. They have their time. They tin Luther King Jr. Freedom Award, a Richmond ‘‘has been one of the anchors for diversity and for stability in not only the Af- are repealed, they are replaced, they recognition for a local activist who is dedicated to King’s principles and who rican-American community but the overall fall into desuetude. Louisville community,’’ said Raoul But some laws last, and those are the has promoted peace, equality, and jus- tice. Cunningham, Louisville NAACP president. laws that God laid down upon this ‘‘I am going to miss Ben, his counsel and his Earth that guide its operations. Those Since Mr. Richmond took over the cooperative spirit.’’ are the laws of physics, the laws of Louisville Urban League, the staff has Richmond ‘‘has become known around the chemistry, the laws of biology, the law grown from around 20 to 30 and the an- country for innovative and groundbreaking of gravity. We cannot repeal those nual budget grown from under $1 mil- approaches to helping residents improve laws. We must face their consequences. lion to around $3.3 million. Mr. Rich- their quality of life,’’ said Dan Hall, a Uni- And we know the consequences of con- mond is the driving force for fund- versity of Louisville vice president and the Urban League board chairman. ‘‘He is in- tinuing to emit gigatons of carbon di- raising for the budget. The Louisville Urban League placed tensely passionate about helping individuals oxide into our planet is going to launch find a pathway to success.’’ us into an environment in which the more than 200 people in jobs last year Richmond received Louisville Metro’s Dr. habitability of Earth as we have known with a combined annual income of Martin Luther King Jr. Freedom Award in it will be put into question. nearly $5 million. It helped about 1,000 2007, an annual recognition given by the city History makes its judgments about prepare for finding employment to a local activist dedicated to King’s prin- every generation. If we do not take through career expos, job training, re- ciples and who has promoted peace, equality calm and reasonable and sensible pre- ferrals, and career counseling. It also and justice. cautions about this obvious known and has many programs to help youth and Then-Mayor Jerry Abramson said at the seniors. time that ‘‘over his decades of leadership, admitted risk, then when that risk countless lives have been improved through comes home to roost, we will be duly The Louisville Urban League is near- Ben’s tireless efforts in workforce develop- shamed. ly halfway towards realizing their goal ment, housing and youth programs.’’ So let us avoid that. Let us get to of seeing 15,000 local African Americans The national Urban League was founded in work. Let us take advantage of the earn college degrees between 2012 and 1910, and the Louisville agency in 1921. The

VerDate Sep 11 2014 03:30 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.062 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S578 CONGRESSIONAL RECORD — SENATE January 28, 2015 local league was set up chiefly to help rural That a halfway point has nearly been ing to the Chairman to call a meeting of the black Southerners who had moved to Louis- reached toward a goal—shared with partner committee, and the Chairman fails to call ville after World War I. organizations such as Simmons College and such a meeting within 7 calendar days there- The Louisville Urban League under Rich- Jefferson Community and Technical Col- after, including the day on which the written mond has greatly expanded its reach. It lege—to have 15,000 local African-Americans notice is submitted, a majority of the mem- placed about 250 people in jobs last year and earn college degrees between 2012 and 2020. bers may call a meeting by filing a written helped around 1,000 more prepare for finding The minority effort is part of the commu- notice with the clerk of the committee who employment. The league’s career-develop- nity’s 55,000 Degrees effort. shall promptly notify each member of the ment efforts range from helping job seekers That the league last year received a top committee in writing of the date and time of draft resumes to mock job interviews. score in a self-audit—a review of its staff, the meeting. In recent times the league has sponsored policies, finances and procedures—required 1.5 Adjournment of Meetings.—The Chair- Saturday morning enrichment classes for every three years by the National Urban man of the committee or a subcommittee children. And it has found buyers for dozens League. The Louisville agency was just one shall be empowered to adjourn any meeting of new single-family homes built on vacant of 13 affiliates of the national organization of the committee or a subcommittee if a or abandoned property under its Project Re- to achieve that status, Richmond said. quorum is not present within 15 minutes of bound program in Russell, helping to trans- Richmond said he is proud that under his the time scheduled for such meeting. form the surrounding neighborhood. oversight the local league has attained fi- RULE 2—MEETINGS AND HEARINGS IN GENERAL League efforts annually include career nancial stability, adding that he believes his 2.1 Open Sessions.—Business meetings and expos; job training, referrals and career organized is widely respected. hearings held by the committee or any sub- counseling; a variety of services for employ- Under Richmond, the league has become committee shall be open to the public except ers; homeownership training and counseling; more diversified. About half of its 36–mem- as otherwise provided for in Senate Rule a health and wellness program called Get Fit ber board and about half the staff are white. XXVI, paragraph 5. Louisville; a walk to defeat childhood obe- Richmond said he has strived to ‘‘practice 2.2 Transcripts.—A transcript shall be kept sity; and a long list of programs to help both what we preach—racial diversity.’’ of each business meeting and hearing of the youths and seniors in many ways. Richmond ‘‘has been a tremendous leader,’’ committee or any subcommittee unless a Benjamin K. Richmond, 71 and single, was said Metro Councilman David Tandy, D–4th majority of the committee or the sub- born in Durham, N.C., and raised in Jackson, District. ‘‘There is still work to do, but he committee agrees that some other form of Miss. has been at the forefront of the second, or permanent record is preferable. Richmond came to the Louisville Urban third, wave of the civil-rights movement, fo- 2.3 Reports.—An appropriate opportunity League as president and CEO in 1987, after cusing on economic opportunity. ... He has shall be given the Minority to examine the top jobs with league affiliates in Wisconsin played a pivotal role in the community.’’ proposed text of committee reports prior to and Michigan. Richmond here replaced the Richmond ‘‘has tried to create opportuni- their filing or publication. In the event there league’s longtime leader, the late Art Wal- ties and meet challenges our community has are supplemental, minority, or additional ters. Walters, who died in 2010 at age 91, di- faced,’’ said longtime ally Sam Watkins, views, an appropriate opportunity shall be rected the Louisville Urban League from 1970 president of the Louisville Central Commu- given the Majority to examine the proposed to 1987. nity Center, another West End-based, pro-de- text prior to filing or publication. Since Richmond took over, the league’s velopment group. 2.4 Attendance.—(a) Meetings. Official at- staff has grown from around 20 to 30—also ‘‘He’s been a champion for west Louisville tendance of all markups and executive ses- aided by dozens of volunteers—and its an- and has been proactive in trying to garner sions of the committee shall be kept by the nual budget has grown from under $1 million desperately needed attention for the area’s committee clerk. Official attendance of all to around $3.3 million this year. The funds issues and problems.’’ subcommittee markups and executive ses- have been cobbled together largely by Rich- f sions shall be kept by the subcommittee mond—from Metro United Way and numer- clerk. ous public and private sources. COMMITTEE ON AGRICULTURE, (b) Hearings. Official attendance of all The current budget, for instance, includes NUTRITION AND FORESTRY hearings shall be kept, provided that, Sen- about $340,000 from United Way, less than ators are notified by the committee Chair- $100,000 from Metro Government and a $1.2 man and ranking minority member, in the million federal grant earmarked primarily RULES OF PROCEDURE case of committee hearings, and by the sub- for programs for seniors. committee Chairman and ranking minority The league has several departments, in- Mr. ROBERTS. Mr. President, the member, in the case of subcommittee hear- cluding the Center for Workforce Develop- Committee on Agriculture, Nutrition ings, 48 hours in advance of the hearing that ment, the Center for Housing and Financial and Forestry has adopted rules gov- attendance will be taken. Otherwise, no at- Empowerment and the Center for Youth De- erning its procedures for the 114th Con- tendance will be taken. Attendance at all velopment and Education. gress. Pursuant to rule XXVI, para- hearings is encouraged. Richmond said in an interview Monday graph 2, of the Standing Rules of the RULE 3—HEARING PROCEDURES that he expects to remain on the job until Senate, on behalf of myself and Sen- around June 30, or until a replacement is 3.1 Notice.—Public notice shall be given of named by the agency’s board, after a planned ator STABENOW, I ask unanimous con- the date, place, and subject matter of any national search. He said he may then stay on sent that a copy of the committee rules hearing to be held by the committee or any under a contract for a while longer. be printed in the RECORD. subcommittee at least 1 week in advance of Richmond intends to stay in Louisville, There being no objection, the mate- such hearing unless the Chairman of the full while traveling some to visit relatives in rial was ordered to be printed in the committee or the subcommittee determines Mississippi and Arizona. RECORD, as follows: that the hearing is noncontroversial or that But he pledges to remain active, noting special circumstances require expedited pro- RULES OF THE COMMITTEE ON AGRI- that ‘‘there are many opportunities in both cedures and a majority of the committee or CULTURE, NUTRITION AND FORESTRY the public and private sectors here. I will see the subcommittee involved concurs. In no what emerges. But I want to have fun.’’ RULE I—MEETINGS case shall a hearing be conducted with less Among many achievements during his ten- 1.1 Regular Meetings.—Regular meetings than 24 hours notice. ure, Richmond cited: shall be held on the first and third Wednes- 3.2 Witness Statements.—Each witness who Opening the league headquarters in 1990 at day of each month when Congress is in ses- is to appear before the committee or any 1535 W. Broadway, a 19,000–square-foot office, sion. subcommittee shall file with the committee community meeting site, classroom and job- 1.2 Additional Meetings.—The Chairman, or subcommittee, at least 24 hours in ad- training facility. The league invested $1.6 in consultation with the ranking minority vance of the hearing, a written statement of million in the headquarters, which was paid member, may call such additional meetings his or her testimony and as many copies as off long ago. Richmond said the league head- as he deems necessary. the Chairman of the committee or sub- quarters has spurred significant nearby de- 1.3 Notification.—In the case of any meet- committee prescribes. velopment along Broadway. ing of the committee, other than a regularly 3.3 Minority Witnesses.—In any hearing The economic impact of the league in scheduled meeting, the clerk of the com- conducted by the committee, or any sub- terms of finding jobs for more than 200 peo- mittee shall notify every member of the committee thereof, the minority members of ple last year. Their combined annual income committee of the time and place of the meet- the committee or subcommittee shall be en- should be nearly $5 million. ing and shall give reasonable notice which, titled, upon request to the Chairman by the Richmond noted that in recent years the except in extraordinary circumstances, shall ranking minority member of the committee league helped find jobs for dozens of minori- be at least 24 hours in advance of any meet- or subcommittee to call witnesses of their ties in construction of the KFC Yum! Center, ing held in Washington, DC, and at least 48 selection during at least 1 day of such hear- and he said the league was instrumental in hours in the case of any meeting held outside ing pertaining to the matter or matters getting the PGA of America to establish an Washington, DC. heard by the committee or subcommittee. urban youth golf program and also hire top 1.4 Called Meeting.—If three members of 3.4 Swearing in of Witnesses.—Witnesses in staff minorities. the committee have made a request in writ- committee or subcommittee hearings may be

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When the committee or Chairman deems such to be necessary. lic, provided that every member is polled and authorizes subpoenas, subpoenas may be 3.5 Limitation.—Each member shall be every poll consists of the following two ques- issued upon the signature of the Chairman or limited to 5 minutes in the questioning of tions: any other member of the committee des- any witness until such time as all members (1) Do you agree or disagree to poll the pro- ignated by the Chairman. who so desire have had an opportunity to posal; and 8.3 Notice for Taking Depositions.—Notices question a witness. Questions from members (2) Do you favor or oppose the proposal. for the taking of depositions, in an investiga- shall rotate from majority to minority mem- If any member requests, any matter to be tion authorized by the committee, shall be bers in order of seniority or in order of ar- polled shall be held for meeting rather than authorized and be issued by the Chairman or rival at the hearing. being polled. The chief clerk of the com- by a staff officer designated by him. Such no- mittee shall keep a record of all polls. RULE 4—NOMINATIONS tices shall specify a time and place for exam- RULE 7—SUBCOMMITTEES 4.1 Assignment.—All nominations shall be ination, and the name of the Senator, staff considered by the full committee. 7.1 Assignments.—To assure the equitable officer or officers who will take the deposi- 4.2 Standards.—In considering a nomina- assignment of members to subcommittees, tion. Unless otherwise specified, the deposi- tion, the committee shall inquire into the no member of the committee will receive as- tion shall be in private. The committee shall nominee’s experience, qualifications, suit- signment to a second subcommittee until, in not initiate procedures leading to criminal ability, and integrity to serve in the position order of seniority, all members of the com- or civil enforcement proceedings for a wit- to which he or she has been nominated. mittee have chosen assignments to one sub- ness’ failure to appear unless the deposition 4.3 Information.—Each nominee shall sub- committee, and no member shall receive as- notice was accompanied by a committee sub- mit in response to questions prepared by the signment to a third subcommittee until, in poena. committee the following information: order of seniority, all members have chosen 8.4 Procedure for Taking Depositions.— (1) A detailed biographical resume which assignments to two subcommittees. Witnesses shall be examined upon oath ad- contains information relating to education, 7.2 Attendance.—Any member of the com- ministered by an individual authorized by employment, and achievements; mittee may sit with any subcommittee dur- local law to administer oaths. The Chairman (2) Financial information, including a fi- ing a hearing or meeting but shall not have will rule, by telephone or otherwise, on any nancial statement which lists assets and li- the authority to vote on any matter before objection by a witness. The transcript of a abilities of the nominee; and the subcommittee unless he or she is a mem- deposition shall be filed with the committee (3) Copies of other relevant documents re- ber of such subcommittee. clerk. quested by the committee. Information re- 7.3 Ex Officio Members.—The Chairman RULE 9—AMENDING THE RULES ceived pursuant to this subsection shall be and ranking minority member shall serve as These rules shall become effective upon available for public inspection except as spe- nonvoting ex officio members of the sub- publication in the Congressional Record. cifically designated confidential by the com- committees on which they do not serve as These rules may be modified, amended, or re- mittee. voting members. The Chairman and ranking pealed by the committee, provided that all 4.4 Hearings.—The committee shall con- minority member may not be counted to- members are present or provide proxies or if duct a public hearing during which the nomi- ward a quorum. a notice in writing of the proposed changes 7.4 Scheduling.—No subcommittee may nee shall be called to testify under oath on has been given to each member at least 48 schedule a meeting or hearing at a time des- all matters relating to his or her suitability hours prior to the meeting at which action ignated for a hearing or meeting of the full for office. No hearing shall be held until at thereon is to be taken. The changes shall be- committee. No more than one subcommittee least 48 hours after the nominee has re- come effective immediately upon publication business meeting may be held at the same sponded to a prehearing questionnaire sub- of the changed rule or rules in the Congres- time. mitted by the committee. sional Record, or immediately upon approval 7.5 Discharge.—Should a subcommittee fail 4.5 Action on Confirmation.—A business of the changes if so resolved by the com- to report back to the full committee on any meeting to consider a nomination shall not mittee as long as any witnesses who may be measure within a reasonable time, the Chair- occur on the same day that the hearing on affected by the change in rules are provided man may withdraw the measure from such the nominee is held. The Chairman, with the with them. agreement of the ranking minority member, subcommittee and report that fact to the may waive this requirement. full committee for further disposition. The f full committee may at any time, by major- RULE 5—QUORUMS ity vote of those members present, discharge COMMITTEE ON HEALTH, EDU- 5.1 Testimony—For the purpose of receiv- a subcommittee from further consideration CATION, LABOR, AND PENSIONS ing evidence, the swearing of witnesses, and of a specific piece of legislation. the taking of sworn or unsworn testimony at 7.6 Application of Committee Rules to Sub- any duly scheduled hearing, a quorum of the committees.—The proceedings of each sub- RULES OF PROCEDURE committee and the subcommittee thereof committee shall be governed by the rules of shall consist of one member. the full committee, subject to such author- Mr. ALEXANDER. Mr. President, in 5.2 Business.—A quorum for the trans- izations or limitations as the committee accordance with rule XXVI, paragraph action of committee or subcommittee busi- may from time to time prescribe. 2, of the Standing Rules of the Senate, ness, other than for reporting a measure or RULE 8—INVESTIGATIONS, SUBPOENAS AND I submit for publication the Rules of recommendation to the Senate or the taking DEPOSITIONS Procedure for the Committee on of testimony, shall consist of one-third of 8.1 Investigations.—Any investigation un- Health, Education, Labor, and Pen- the members of the committee or sub- dertaken by the committee or a sub- committee, including at least one member sions, as unanimously adopted by the committee in which depositions are taken or from each party. committee on January 28, 2015. subpoenas issued, must be authorized by a 5.3 Reporting.—A majority of the member- I ask unanimous consent that the majority of the members of the committee ship of the committee shall constitute a text of the Rules of Procedure be print- voting for approval to conduct such inves- quorum for reporting bills, nominations, tigation at a business meeting of the com- ed in the RECORD. matters, or recommendations to the Senate. mittee convened in accordance with Rule 1. There being no objection, the mate- No measure or recommendation shall be or- 8.2 Subpoenas.—The Chairman, with the rial was ordered to be printed in the dered reported from the committee unless a approval of the ranking minority member of RECORD, as follows: majority of the committee members are the committee, is delegated the authority to physically present. The vote of the com- COMMITTEE ON HEALTH, EDUCATION, subpoena the attendance of witnesses or the mittee to report a measure or matter shall LABOR, AND PENSIONS production of memoranda, documents, require the concurrence of a majority of UNITED STATES SENATE records, or any other materials at a hearing those members who are physically present at of the committee or a subcommittee or in RULES OF PROCEDURE the time the vote is taken. connection with the conduct of an investiga- Rule 1.—Subject to the provisions of rule RULE 6—VOTING tion authorized in accordance with para- XXVI, paragraph 5, of the Standing Rules of 6.1 Rollcalls.—A roll call vote of the mem- graph 8.1. The Chairman may subpoena at- the Senate, regular meetings of the com- bers shall be taken upon the request of any tendance or production without the approval mittee shall be held on the second and fourth member. of the ranking minority member when the Wednesday of each month, at 10:00 a.m., in 6.2 Proxies.—Voting by proxy as authorized Chairman has not received notification from room SD–430, Dirksen Senate Office Build- by the Senate rules for specific bills or sub- the ranking minority member of disapproval ing. The chairman may, upon proper notice, jects shall be allowed whenever a quorum of of the subpoena within 72 hours, excluding call such additional meetings as he may the committee is actually present. Saturdays and Sundays, of being notified of deem necessary. 6.3 Polling.—The committee may poll any the subpoena. If a subpoena is disapproved by Rule 2.—The chairman of the committee or matters of committee business, other than a the ranking minority member as provided in of a subcommittee, or if the chairman is not

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Unless the subcommittee, including meetings to con- tronic distribution to the members of the chairman and ranking minority member duct hearings, shall be open to the public ex- committee. agree on a shorter period of time, the minor- cept as otherwise specifically provided in Rule 9.—The committee or a subcommittee ity shall have no fewer than three business subsections (b) and (d) of rule 26.5 of the shall require all witnesses heard before it to days to prepare supplemental, minority or Standing Rules of the Senate. file written statements of their proposed tes- additional views for inclusion in a com- Rule 4.—(a) Subject to paragraph (b), one- timony at least 24 hours before a hearing, mittee report from the time the majority third of the membership of the committee, unless the chairman and the ranking minor- makes the proposed text of the committee actually present, shall constitute a quorum ity member determine that there is good report available to the minority. for the purpose of transacting business. Any cause for failure to so file, and to limit their Rule 17.—(a) The committee, or any sub- quorum of the committee which is composed oral presentation to brief summaries of their committee, may issue subpoenas, or hold of less than a majority of the members of the arguments. Testimony may be filed elec- hearings to take sworn testimony or hear committee shall include at least one member tronically. The presiding officer at any hear- subpoenaed witnesses, only if such investiga- of the majority and one member of the mi- ing is authorized to limit the time of each tive activity has been authorized by major- nority. witness appearing before the committee or a ity vote of the committee. (b) A majority of the members of a sub- subcommittee. The committee or a sub- (b) For the purpose of holding a hearing to committee, actually present, shall con- committee shall, as far as practicable, uti- take sworn testimony or hear subpoenaed stitute a quorum for the purpose of lize testimony previously taken on bills and witnesses, three members of the committee transacting business: provided, no measure measures similar to those before it for con- or subcommittee shall constitute a quorum: or matter shall be ordered reported unless sideration. provided, with the concurrence of the chair- such majority shall include at least one Rule 10.—Should a subcommittee fail to re- man and ranking minority member of the member of the minority who is a member of port back to the full committee on any committee or subcommittee, a single mem- the subcommittee. If, at any subcommittee measure within a reasonable time, the chair- ber may hear subpoenaed witnesses or take meeting, a measure or matter cannot be or- man may withdraw the measure from such sworn testimony. dered reported because of the absence of such subcommittee and report that fact to the (c) The committee may, by a majority a minority member, the measure or matter full committee for further disposition. vote, delegate the authority to issue sub- shall lay over for a day. If the presence of a Rule 11.—No subcommittee may schedule a poenas to the chairman of the committee or member of the minority is not then ob- meeting or hearing at a time designated for a subcommittee, or to any member des- tained, a majority of the members of the a hearing or meeting of the full committee. ignated by such chairman. Prior to the subcommittee, actually present, may order No more than one subcommittee executive issuance of each subpoena, the ranking mi- such measure or matter reported. meeting may be held at the same time. nority member of the committee or sub- (c) No measure or matter shall be ordered Rule 12.—It shall be the duty of the chair- committee, and any other member so re- reported from the committee or a sub- man in accordance with section 133(c) of the questing, shall be notified regarding the committee unless a majority of the com- Legislative Reorganization Act of 1946, as identity of the person to whom it will be mittee or subcommittee is physically amended, to report or cause to be reported to issued and the nature of the information present. the Senate, any measure or recommendation sought and its relationship to the authorized Rule 5.—With the approval of the chairman approved by the committee and to take or investigative activity, except where the of the committee or subcommittee, one cause to be taken, necessary steps to bring chairman of the committee or sub- member thereof may conduct public hearings the matter to a vote in the Senate. committee, in consultation with the ranking other than taking sworn testimony. Rule 13.—Whenever a meeting of the com- minority member, determines that such no- Rule 6.—Proxy voting shall be allowed on mittee or subcommittee is closed pursuant tice would unduly impede the investigation. all measures and matters before the com- to the provisions of subsection (b) or (d) of All information obtained pursuant to such mittee or a subcommittee if the absent rule 26.5 of the Standing Rules of the Senate, investigative activity shall be made avail- member has been informed of the matter on no person other than members of the com- able as promptly as possible to each member which he is being recorded and has affirma- mittee, members of the staff of the com- of the committee requesting same, or to any tively requested that he be so recorded. mittee, and designated assistants to mem- assistant to a member of the committee des- While proxies may be voted on a motion to bers of the committee shall be permitted to ignated by such member in writing, but the report a measure or matter from the com- attend such closed session, except by special use of any such information is subject to re- mittee, such a motion shall also require the dispensation of the committee or sub- strictions imposed by the rules of the Sen- concurrence of a majority of the members committee or the chairman thereof. ate. Such information, to the extent that it who are actually present at the time such Rule 14.—The chairman of the committee is relevant to the investigation shall, if re- action is taken. or a subcommittee shall be empowered to ad- quested by a member, be summarized in The committee may poll any matters of journ any meeting of the committee or a writing as soon as practicable. Upon the re- committee business as a matter of unani- subcommittee if a quorum is not present quest of any member, the chairman of the mous consent; provided that every member within fifteen minutes of the time schedule committee or subcommittee shall call an ex- is polled and every poll consists of the fol- for such meeting. ecutive session to discuss such investigative lowing two questions: Rule 15.— Whenever a bill or joint resolu- activity or the issuance of any subpoena in (1) Do you agree or disagree to poll the pro- tion shall be before the committee or a sub- connection therewith. posal; and committee for final consideration, the clerk (d) Any witness summoned to testify at a (2) Do you favor or oppose the proposal. shall distribute to each member of the com- hearing, or any witness giving sworn testi- Rule 7.—There shall be prepared and kept a mittee or subcommittee a document, pre- mony, may be accompanied by counsel of his complete transcript or electronic recording pared by the sponsor of the bill or joint reso- own choosing who shall be permitted, while adequate to fully record the proceedings of lution. If the bill or joint resolution has no the witness is testifying, to advise him of his each committee or subcommittee meeting or underlying statutory language, the docu- legal rights. conference whether or not such meetings or ment shall consist of a detailed summary of (e) No confidential testimony taken or con- any part thereof is closed pursuant to the the purpose and impact of each section. If fidential material presented in an executive specific provisions of subsections (b) and (d) the bill or joint resolution repeals or amends hearing, or any report of the proceedings of of rule 26.5 of the Standing Rules of the Sen- any statute or part thereof, the document such an executive hearing, shall be made ate, unless a majority of said members vote shall consist of a detailed summary of the public, either in whole or in part or by way to forgo such a record. Such records shall underlying statute and the proposed changes of summary, unless authorized by a majority contain the vote cast by each member of the in each section of the underlying law and ei- of the members of the committee or sub- committee or subcommittee on any question ther a print of the statute or the part or sec- committee. on which a ‘‘yea and nay’’ vote is demanded, tion thereof to be amended or replaced show- Rule 18.—Presidential nominees shall sub- and shall be available for inspection by any ing by stricken-through type, the part or mit a statement of their background and fi- committee member. The clerk of the com- parts to be omitted and, in italics, the mat- nancial interests, including the financial in- mittee, or the clerk’s designee, shall have ter proposed to be added, along with a sum- terests of their spouse and children living in the responsibility to make appropriate ar- mary of the proposed changes; or a side-by- their household, on a form approved by the rangements to implement this rule. side document showing a comparison of cur- committee which shall be sworn to as to its Rule 8.—The committee and each sub- rent law, the proposed legislative changes, completeness and accuracy. The committee committee shall undertake, consistent with and a detailed description of the proposed form shall be in two parts— the provisions of rule XXVI, paragraph 4, of changes. (I) information relating to employment, the Standing Rules of the Senate, to issue Rule 16.—An appropriate opportunity shall education and background of the nominee re- public announcement of any hearing or exec- be given the minority to examine the pro- lating to the position to which the individual

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At least three days prior to the date of at the same time as the Members and chair- other background of the nominee, to be made such hearing, the committee or sub- man of a standing committee of the Senate. public when the committee determines that committee should provide to each member a After the date on which the majority and mi- such information bears directly on the nomi- list of witnesses who have been or are pro- nority Members of the special committee are nee’s qualifications to hold the position to posed to be invited to appear. initially appointed on or affect the effective which the individual is nominated. 4. The committee and its subcommittee date of title I of the Committee System Re- Information relating to background and fi- should, to the maximum feasible extent, en- organization Amendments of 1977, each time nancial interests (parts I and II) shall not be force the provisions of rule 9 of the com- a vacancy occurs in the Membership of the required of nominees for less than full-time mittee rules as it relates to the submission special committee, the number of Members appointments to councils, commissions or of written statements of witnesses twenty- of the special committee shall be reduced by boards when the committee determines that four hours in advance of a hearing. Witnesses one until the number of Members of the spe- some or all of the information is not rel- will be urged to submit testimony even ear- cial committee consists of nine Senators. evant to the nature of the position. Informa- lier whenever possible. When statements are (2) For the purposes of paragraph 1 of rule tion relating to other background and finan- received in advance of a hearing, the com- XXV; paragraphs 1, 7(a)(1)–(2), 9, and 10(a) of cial interests (part II) shall not be required mittee or subcommittee (as appropriate) rule XXVI; and paragraphs 1(a)–(d), and 2(a) of any nominee when the committee deter- should distribute copies of such statements and (d) of rule XXVII of the Standing Rules mines that it is not relevant to the nature of to each of its members. Witness testimony of the Senate; and the purposes of section the position. may be submitted and distributed electroni- 202(I) and (j) of the Legislative Reorganiza- Committee action on a nomination, includ- cally. tion Act of 1946, the special committee shall be treated as a standing committee of the ing hearings or meetings to consider a mo- EXECUTIVE SESSIONS FOR THE PURPOSE OF tion to recommend confirmation, shall not Senate. MARKING UP BILLS (b)(1) It shall be the duty of the special be initiated until at least five days after the In order to expedite the process of marking committee to conduct a continuing study of nominee submits the form required by this up bills and to assist each member of the any and all matters pertaining to problems rule unless the chairman, with the concur- committee so that there may be full and fair and opportunities of older people, including, rence of the ranking minority member, consideration of each bill which the com- but not limited to, problems and opportuni- waives this waiting period. mittee or a subcommittee is marking up the ties of maintaining health, of assuring ade- Rule 19.—Subject to statutory require- following procedures should be followed: quate income, of finding employment, of en- ments imposed on the committee with re- 1. Seven days prior to the proposed date for gaging in productive and rewarding activity, spect to procedure, the rules of the com- an executive session for the purpose of mark- of securing proper housing, and when nec- mittee may be changed, modified, amended ing up bills the committee or subcommittee essary, of obtaining care or assistance. No or suspended at any time; provided, not less (as appropriate) should provide written no- proposed legislation shall be referred to such than a majority of the entire membership so tice to each of its members as to the time, committee, and such committee shall not determine at a regular meeting with due no- place, and specific subject matter of such have power to report by bill, or otherwise tice, or at a meeting specifically called for session, including an agenda listing each bill have legislative jurisdiction. that purpose. or other matters to be considered and includ- (2) The special committee shall, from time Rule 20.—When the ratio of members on the ing: to time (but not less than once year), report committee is even, the term ‘‘majority’’ as (a) a copy of each bill, joint resolution, or to the Senate the results of the study con- used in the committee’s rules and guidelines other legislative matter (or committee print ducted pursuant to paragraph (1), together shall refer to the party of the chairman for thereof) to be considered at such executive with such recommendation as it considers purposes of party identification. Numerical session; and appropriate. requirements for quorums, votes and the like (b) a copy of a summary of the provisions (c)(1) For the purposes of this section, the shall be unaffected. of each bill, joint resolution, or other legis- special committee is authorized, in its dis- Rule 21.—First degree amendments must be lative matter to be considered at such execu- cretion, (A) to make investigations into any filed with the chairman at least 24 hours be- tive session including, whenever possible, an matter within its jurisdiction, (B) to make fore an executive session. The chairman explanation of changes to existing law pro- expenditures from the contingent fund of the shall promptly distribute all filed amend- posed to be made. Senate, (C) to employ personnel, (D) to hold ments electronically to the members of the 2. Insofar as practical, prior to the sched- hearings, (E) to sit and act at any time or committee. The chairman may modify the uled date for an executive session for the place during the sessions, recesses, and ad- filing requirements to meet special cir- purpose of marking up bills, the committee journed periods of the Senate, (F) to require, cumstances with the concurrence of the or a subcommittee (as appropriate) should by subpoena or otherwise, the attendance of ranking minority member. provide each member with a copy of the witnesses and the production of correspond- Rule 22.—In addition to the foregoing, the printed record or a summary of any hearings ence books, papers, and documents, (G) to proceedings of the committee shall be gov- conducted by the committee or a sub- take depositions and other testimony, (H) to procure the serve of individual consultants erned by the Standing Rules of the Senate committee with respect to each bill, joint or organizations thereof (as authorized by and the provisions of the Legislative Reorga- resolution, or other legislative matter to be section 202(I) of the Legislative Reorganiza- nization Act of 1946, as amended. considered at such executive session. tion Act of 1946, as amended) and (I) with the * * * * * f prior consent of the Government department GUIDELINES OF THE SENATE COMMITTEE ON SPECIAL COMMITTEE ON AGING or agency concerned and the Committee on HEALTH, EDUCATION, LABOR, AND PENSIONS Rules and Administration, to use on a reim- WITH RESPECT TO HEARINGS, MARKUP SES- bursable basis the services of personnel of SIONS, AND RELATED MATTERS RULES OF PROCEDURE any such department or agency. HEARINGS (2) The chairman of the special committee Section 133A(a) of the Legislative Reorga- Ms. COLLINS. Mr. President, I ask or any Member thereof may administer nization Act requires each committee of the unanimous consent that the Special oaths to witnesses. (3) Subpoenas authorized by the special Senate to publicly announce the date, place, Committee on Aging, having adopted committee may be issued over the signature and subject matter of any hearing at least rules governing its procedures for the of the chairman, or any Member of the spe- one week prior to the commencement of such 114th Congress, have a copy of their cial committee designated by the chairman, hearing. rules printed in the RECORD pursuant and may be served by any person designated The spirit of this requirement is to assure to rule XXVI, paragraph 2, of the by the chairman or the Member signing the adequate notice to the public and other Standing Rules of the Senate. subpoena. Members of the Senate as to the time and (d) All records and papers of the temporary subject matter of proposed hearings. In the Thank you for your consideration of this request. Special Committee on Aging established by spirit of section 133A(a) and in order to as- Senate Resolution 33, Eighty-seventh Con- sure that members of the committee are There being no objection, the mate- rial was ordered to be printed in the gress, are transferred to the special com- themselves fully informed and involved in mittee. the development of hearings: RECORD, as follows: RULES OF PROCEDURE 1. Public notice of the date, place, and sub- SPECIAL COMMITTEE ON AGING ject matter of each committee or sub- 159 Cong. Rec S1002 (daily ed. Feb. 28, 2013) JURISDICTION AND AUTHORITY committee hearing should be inserted in the I. CONVENING OF MEETINGS 1 Congressional Record seven days prior to the S. Res. 4, 104, 95th Congress, 1st Session (1977) 1. MEETINGS. The Committee shall meet to commencement of such hearing. (a)(1) There is established a Special Com- conduct Committee business at the call of 2. At least seven days prior to public notice mittee on Aging (hereafter in this section re- the Chairman. The Members of the Com- of each committee or subcommittee hearing, ferred to as the ‘‘special committee’’) which mittee may call additional meetings as pro- the majority should provide notice to the shall consist of nineteen Members. The Mem- vided in Senate Rule XXVI (3).

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2. NOTICE AND AGENDA: in testimony to correct errors of tran- 2. COMMITTEE BUSINESS. A third shall con- (a) WRITTEN OR ELECTRONIC NOTICE. The scription, grammatical errors, and obvious stitute a quorum for the conduct of Com- Chairman shall give the Members written or errors of fact. The Chairman or a staff officer mittee business, other than a final vote on electronic notice of any Committee meeting, designated by him shall rule on such request. reporting, providing a minority Member is accompanied by an agenda enumerating the 8. IMPUGNED PERSONS. Any person who be- present. items of business to be considered, at least 5 lieves that evidence presented, or comment 3. HEARINGS. One Member shall constitute days in advance of such meeting. made by a Member or staff, at a public hear- a quorum for the receipt of evidence, the (b) SHORTENED NOTICE. A meeting may be ing or at a closed hearing concerning which swearing of witnesses, and the taking of tes- called on not less than 24 hours notice if the there have been public reports, tends to im- timony at hearings. Chairman, with the concurrence of the pugn his or her character or adversely affect 4. POLLING: Ranking Minority Member, determines that his or her reputation may: (a) SUBJECTS. The Committee may poll (1) there is good cause to begin the meeting on (a) file a sworn statement of facts relevant internal Committee matters including those shortened notice. An agenda will be fur- to the evidence or comment, which shall be concerning the Committee’s staff, records, nished prior to such a meeting. placed in the hearing record; and and budget; (2) Committee rules changes and 3. PRESIDING OFFICER. The Chairman shall (b) request the opportunity to appear per- (3) other Committee business which has been preside when present. If the Chairman is not sonally before the Committee to testify in designated for polling at a meeting. present at any meeting, the Ranking Major- his or her own behalf. (b) PROCEDURE. The Chairman shall cir- 9. MINORITY WITNESSES. Whenever any ity Member present shall preside. culate polling sheets to each Member speci- hearing is conducted by the Committee, the fying the matter being polled and the time II. CONVENING OF HEARINGS Ranking Member shall be entitled to call at limit for completion of the poll. If any Mem- 1. NOTICE. The Committee shall make pub- least one witness to testify or produce docu- ber so requests in advance of the meeting, lic announcement of the date, place and sub- ments with respect to the measure or matter the matter shall be held for meeting rather ject matter of any hearing at least one week under consideration at the hearing. Such re- than being polled. The clerk shall keep a before its commencement. A hearing may be quest must be made before the completion of record of polls. If the Chairman determines called on not less than 24 hours notice if the the hearing or, if subpoenas are required to that the polled matter is one of the areas Chairman, with the concurrence of the call the minority witnesses, no later than enumerated in Rule III(1), the record of the Ranking Minority Member, determines that three days before the hearing. poll shall be confidential. Any Member may 10. CONDUCT OF WITNESSES, COUNSEL AND there is good cause to begin the hearing on request a Committee meeting following a MEMBERS OF THE AUDIENCE. If, during public shortened notice. poll for a vote on the polled decision. 2. PRESIDING OFFICER. The Chairman shall or executive sessions, a witness, his or her preside over the conduct of a hearing when counsel, or any spectator conducts him or VI. INVESTIGATIONS present, or, whether present or not, may del- herself in such a manner as to prevent, im- 1. AUTHORIZATION FOR INVESTIGATIONS. All egate authority to preside to any Member of pede, disrupt, obstruct, or interfere with the investigations shall be conducted on a bipar- the Committee. orderly administration of such hearing the tisan basis by Committee staff. Investiga- 3. WITNESSES. Witnesses called before the Chairman or presiding Member of the Com- tions may be initiated by the Committee Committee shall be given, absent extraor- mittee present during such hearing may re- staff upon the approval of the Chairman and dinary circumstances, at least 48 hours no- quest the Sergeant at Arms of the Senate, the Ranking Minority Member. Staff shall tice, and all witnesses called shall be fur- his representative or any law enforcement keep the Committee fully informed of the nished with a copy of these rules upon re- official to eject said person from the hearing progress of continuing investigations, except quest. room. where the Chairman and the Ranking Minor- 4. OATH. All witnesses who testify to mat- III. CLOSED SESSIONS AND CONFIDENTIAL ity Member agree that there exists tem- ters of fact shall be sworn unless the Com- MATERIALS porary cause for more limited knowledge. mittee waives the oath. The Chairman, or 1. PROCEDURE. All meetings and hearings 2. SUBPOENAS. The Chairman and Ranking any Member, may request and administer shall be open to the public unless closed. To Minority Member, acting together, shall au- the oath. close a meeting or hearing or portion there- thorize a subpoena. Subpoenas for the at- 5. TESTIMONY. At least 48 hours in advance of, a motion shall be made and seconded to tendance of witnesses or the production of of a hearing, each witness who is to appear go into closed discussion of whether the memoranda, documents, records, or any before the Committee shall submit his or her meeting or hearing will concern Committee other materials shall be issued by the Chair- testimony by way of electronic mail, in a investigations or matters enumerated in man, or by any other Member of the Com- format determined by the Committee and Senate Rule XXVI(5)(b). Immediately after mittee designated by him. Prior to the sent to an electronic mail address specified such discussion, the meeting or hearing or issuance of each subpoena, the Ranking Mi- by the Committee, unless the Chairman and portion thereof may be closed by a vote in nority Member, and any other Member so re- Ranking Minority Member determine that open session of a majority of the Members of questing, shall be notified regarding the there is good cause for a witness’s failure to the Committee present. identity of the person to whom the subpoena do so. A witness shall be allowed no more 2. WITNESS REQUEST. Any witness called for will be issued and the nature of the informa- than five minutes to orally summarize his or a hearing may submit a written or an elec- tion sought, and its relationship to the in- her prepared statement. Officials of the fed- tronic request to the Chairman no later than vestigation. eral government shall file 40 copies of such twenty-four hours in advance for his or her 3. INVESTIGATIVE REPORTS. All reports con- statement with the clerk of the Committee examination to be in closed or open session. taining findings or recommendations stem- 48 hours in advance of their appearance, un- The Chairman shall inform the Committee of ming from Committee investigations shall less the Chairman and the Ranking Minority any such request. be printed only with the approval of a major- Member determine there is good cause for 3. CONFIDENTIAL MATTER. No record made ity of the Members of the Committee. noncompliance. of a closed session, or material declared con- VII. DEPOSITIONS AND COMMISSIONS fidential by a majority of the Committee, or 6. COUNSEL. A witness’s counsel shall be 1. NOTICE. Notices for the taking of deposi- report of the proceedings of a closed session, permitted to be present during his testimony tions in an investigation authorized by the shall be made public, in whole or in part or at any public or closed hearing or deposi- Committee shall be authorized and issued by by way of summary, unless specifically au- tions or staff interview to advise such wit- the Chairman or by a staff officer designated thorized by the Chairman and Ranking Mi- ness of his or her rights, provided, however, by him. Such notices shall specify a time and nority Member. that in the case of any witness who is an offi- place for examination, and the name of the cer or employee of the government, or of a IV. BROADCASTING staff officer or officers who will take the dep- corporation or association, the Chairman 1. CONTROL. Any meeting or hearing open osition. Unless otherwise specified, the depo- may rule that representation by counsel to the public may be covered by television, sition shall be in private. The Committee from the government, corporation, or asso- radio, or still photography. Such coverage shall not initiate procedures leading to ciation creates a conflict of interest, and must be conducted in an orderly and unob- criminal or civil enforcement proceedings for that the witness shall be represented by per- trusive manner, and the Chairman may for a witness’s failure to appear unless the depo- sonal counsel not from the government, cor- good cause terminate such coverage in whole sition notice was accompanied by a Com- poration, or association. or in part, or take such other action to con- mittee subpoena. 7. TRANSCRIPT. An accurate electronic or trol it as the circumstances may warrant. 2. COUNSEL. Witnesses may be accompanied stenographic record shall be kept of the tes- 2. REQUEST. A witness may request of the at a deposition by counsel to advise them of timony of all witnesses in closed sessions Chairman, on grounds of distraction, harass- their rights, subject to the provisions of Rule and public hearings. Any witness shall be af- ment, personal safety, or physical discom- II(6). forded, upon request, the right to review fort, that during his or her testimony cam- 3. PROCEDURE. Witnesses shall be examined that portion of such record, and for this pur- eras, media microphones, and lights shall upon oath administered by an individual au- pose, a copy of a witness’s testimony in pub- not be directed at him or her. thorized by local law to administer oaths. lic or closed session shall be provided to the V. QUORUMS AND VOTING Questions shall be propounded orally by witness. Upon inspecting his or her tran- 1. REPORTING. A majority shall constitute Committee staff. Objections by the witnesses script, within a time limit set by the com- a quorum for reporting a resolution, rec- as to the form of questions shall be noted by mittee clerk, a witness may request changes ommendation or report to the Senate. the record. If a witness objects to a question

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If the There being no objection, the mate- any designation shall be provided to the Member overrules the objection, he or she rial was ordered to be printed in the Chief Clerk as early as practicable. may refer the matter to the Committee or RECORD, as follows: (b) It shall not be in order for the Com- the Member may order and direct the wit- RULES FOR THE U.S. SENATE COM- mittee to consider any amendment in the ness to answer the question, but the Com- MITTEE ON SMALL BUSINESS AND EN- first degree proposed to any measure under mittee shall not initiate the procedures lead- TREPRENEURSHIP FOR THE 114TH CON- consideration by the Committee unless thir- ing to civil or criminal enforcement unless GRESS ty written copies and an electronic copy, with a summary page attached, of such the witness refuses to testify after he or she JURISDICTION (ESTABLISHED IN THE SENATE amendment has been delivered to the Clerk has been ordered and directed to answer by a STANDING RULES) Member of the Committee. of the Committee at least 24 hours prior to Per Rule XXV(1) of the Standing Rules of 4. FILING. The Committee staff shall see the meeting. Following receipt of all amend- the Senate: that the testimony is transcribed or elec- ments, the Clerk shall disseminate the (1) Committee on Small Business and En- amendments to all Members of the Com- tronically recorded. trepreneurship to which committee shall be OMMISSIONS. The Committee may au- mittee. This subsection may be waived by 5. C referred all proposed legislation, messages, thorize the staff, by issuance of commis- agreement of the Chair and Ranking Member petitions, memorials, and other matters re- sions, to fill in prepared subpoenas, conduct or by a majority vote of the members of the lating to the Small Business Administration; Committee. field hearings, inspect locations, facilities, (2) Any proposed legislation reported by QUORUMS or systems of records, or otherwise act on be- such committee which relates to matters half of the Committee. Commissions shall be other than the functions of the Small Busi- (a)(1) A majority of the Members of the accompanied by instructions from the Com- ness Administration shall, at the request of Committee shall constitute a quorum for re- mittee regulating their use. the chairman of any standing committee porting any legislative measure or nomina- VIII. SUBCOMMITTEES having jurisdiction over the subject matter tion. (2) One-third of the Members of the Com- 1. ESTABLISHMENT. The Committee will op- extraneous to the functions of the Small mittee shall constitute a quorum for the erate as a Committee of the Whole, reserving Business Administration, be considered and transaction of routine business, provided to itself the right to establish temporary reported by such standing committee prior that one Minority Member is present. The subcommittees at any time by majority to its consideration by the Senate; and like- term ‘‘routine business’’ includes, but is not vote. The Chairman of the full Committee wise measures reported by other committees limited to, the consideration of legislation and the Ranking Minority Member shall be directly relating to the Small Business Ad- pending before the Committee and any ex officio Members of all subcommittees. ministration shall, at the request of the amendments thereto, and voting on such 2. JURISDICTION. Within its jurisdiction as Chair of the Committee on Small Business amendments, and steps in an investigation described in the Standing Rules of the Sen- and Entrepreneurship, be referred to the including, but not limited to, authorizing ate, each subcommittee is authorized to con- Committee on Small Business and Entrepre- the issuance of a subpoena. neurship for its consideration of any portion duct investigations, including use of sub- (3) In hearings, whether in public or closed of the measure dealing with the Small Busi- poenas, depositions, and commissions. session, a quorum for the asking of testi- ness Administration and be reported by this 3. RULES. A subcommittee shall be gov- mony, including sworn testimony, shall con- committee prior to its consideration by the erned by the Committee rules, except that sist of one Member of the Committee. its quorum for all business shall be one-third Senate. (b) Proxies will be permitted in voting of the subcommittee Membership, and for (3) Such committee shall also study and upon the business of the Committee. A Mem- hearings shall be one Member. survey by means of research and investiga- ber who is unable to attend a business meet- tion all problems of American small business IX. REPORTS ing may submit a proxy vote on any matter, enterprises, and report thereon from time to in writing, or through oral or written per- Committee reports incorporating Com- time. mittee findings and recommendations shall sonal instructions to a Member of the Com- be printed only with the prior approval of a GENERAL SECTION mittee or staff. Proxies shall in no case be majority of the Committee, after an ade- All applicable provisions of the Standing counted for establishing a quorum. quate period for review and comment. The Rules of the Senate, the Senate Resolutions, NOMINATIONS printing, as Committee documents, of mate- and the Legislative Reorganization Acts of In considering a nomination, the Com- rials prepared by staff for informational pur- 1946 and 1970 (as amended), shall govern the mittee shall conduct an investigation or re- poses, or the printing of materials not origi- Committee. view of the nominee’s experience, qualifica- nating with the Committee or staff, shall re- MEETINGS tions, suitability, and integrity to serve in quire prior consultation with the minority (a) The regular meeting day of the Com- the position to which he or she has been staff; these publications shall have the fol- mittee shall be the first Thursday of each nominated. In any hearings on the nomina- lowing language printed on the cover of the month unless otherwise directed by the tion, the nominee shall be called to testify document: ‘‘Note: This document has been Chair. All other meetings may be called by under oath on all matters relating to his or printed for informational purposes. It does the Chair as he or she deems necessary, on 3 her nomination for office. To aid in such in- not represent either findings or rec- business days notice where practicable. If at vestigation or review, each nominee may be ommendations formally adopted by the Com- least three Members of the Committee desire required to submit a sworn detailed state- mittee.’’ the Chair to call a special meeting, they may ment including biographical, financial, pol- X. AMENDMENT OF RULES file in the office of the Committee a written icy, and other information which the Com- mittee may request. The Committee may The rules of the Committee may be amend- request therefore, addressed to the Chair. specify which items in such statement are to ed or revised at any time, provided that not Immediately thereafter, the Clerk of the be received on a confidential basis. less than a majority of the Committee Committee shall notify the Chair of such re- present so determine at a Committee meet- quest. If, within 3 calendar days after the fil- HEARINGS ing preceded by at least 3 days notice of the ing of such request, the Chair fails to call (a)(1) The Chair of the Committee may ini- amendments or revisions proposed or via the requested special meeting, which is to be tiate a hearing of the Committee on his or polling, subject to Rule V (4). held within 7 calendar days after the filing of her authority or upon his or her approval of such request, a majority of the Committee a request by any Member of the Committee. f Members may file in the Office of the Com- If such request is by the Ranking Member, a COMMITTEE ON SMALL BUSINESS mittee their written notice that a special decision shall be communicated to the Rank- AND ENTREPRENEURSHIP Committee meeting will be held, specifying ing Member within 7 business days. Written the date, hour and place thereof, and the notice of all hearings, including the title, a Committee shall meet at that time and description of the hearing, and a tentative place. Immediately upon the filing of such witness list shall be given at least 5 business RULES OF PROCEDURE notice, the Clerk of the Committee shall no- days in advance, where practicable, to all Mr. VITTER. Mr. President, the Sen- tify all Committee Members that such spe- Members of the Committee. ate Committee on Small Business and cial meeting will be held and inform them of (2) Hearings of the Committee shall not be Entrepreneurship today adopted rules its date, hour and place. If the Chair is not scheduled outside the District of Columbia present at any regular, additional or special unless specifically authorized by the Chair governing its procedures for the 114th meeting, such member of the Committee as and the Ranking Minority Member or by Congress. Pursuant to rule XXVI, para- the Chair shall designate shall preside. For consent of a majority of the Committee. graph 2, of the Standing Rules of the any meeting or hearing of the Committee, Such consent may be given informally, with- Senate, I ask unanimous consent that the Ranking Member may delegate to any out a meeting, but must be in writing.

VerDate Sep 11 2014 03:30 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.018 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S584 CONGRESSIONAL RECORD — SENATE January 28, 2015 (b)(1) Any Member of the Committee shall script shall only be made public either by mittee to the extent the provisions of such be empowered to administer the oath to any vote of the majority or at the direction of Rules, Resolution, and Acts are applicable to witness testifying as to fact. the Chair after notifying the ranking minor- the Committee on Indian Affairs. (2) The Chair and Ranking Member will ne- ity member. MEETING OF THE COMMITTEE gotiate the number of witnesses for each CONFIDENTIAL INFORMATION Rule 2. The Committee shall meet on hearing, but in the absence of an agreement (a) No confidential testimony taken by, or Wednesday/Thursday while the Congress is in between the Chair and the Ranking Member confidential material presented to, the Com- session for the purpose of conducting busi- the ratio between the majority and minority mittee in executive session, or any report of ness, unless for the convenience of the Mem- witnesses will be no less than 3–2 or 2–1 when the proceedings of a closed hearing, or con- bers, the Chairman shall set some other day a smaller panel is justified. Interrogation of fidential testimony or material submitted for a meeting. Additional meetings may be witnesses at hearings shall be conducted on pursuant to a subpoena, shall be made pub- called by the Chairman as he may deem nec- behalf of the Committee by Members of the lic, either in whole or in part or by way of essary. Committee or such Committee staff as is au- summary, unless authorized by a majority of thorized by the Chair or Ranking Minority OPEN HEARINGS AND MEETINGS the Members. Other confidential material or Member. Rule 3(a). Hearings and business meetings testimony submitted to the Committee may (3) Witnesses appearing before the Com- of the Committee shall be open to the public be disclosed if authorized by the Chair with mittee shall file with the Clerk of the Com- except when the Chairman by a majority the consent of the Ranking Member. mittee a written statement of the prepared vote orders a closed hearing or meeting. (b) Persons asserting confidentiality of testimony at least two business days in ad- (b). Except as otherwise provided in the documents or materials submitted to the vance of the hearing at which the witness is Rules of the Senate, a transcript or elec- Committee offices shall clearly designate to appear unless this requirement is waived tronic recording shall be kept of each hear- them as such on their face. Designation of by the Chair and the Ranking Minority ing and business meeting of the Committee. submissions as confidential does not prevent Member. HEARING PROCEDURE (c) Any witness summoned to a public or their use in furtherance of Committee busi- ness. Rule 4(a). Public notice, including notice closed hearing may be accompanied by coun- to Members of the Committee, shall be given sel of his or her own choosing, who shall be MEDIA & BROADCASTING of the date, place and subject matter of any permitted while the witness is testifying to (a) At the discretion of the Chair, public hearing to be held by the Committee at least advise the witness of his or her legal rights. meetings of the Committee may be televised, one week in advance of such hearing unless Failure to obtain counsel will not excuse the broadcasted, or recorded in whole or in part the Chairman of the Committee, with the witness from appearing and testifying. by a member of the Senate Press Gallery or concurrence of the Vice Chairman, deter- (d) Subpoenas for the attendance of wit- an employee of the Senate. Any such person mines that holding the hearing would be nesses or the production of memoranda, doc- wishing to televise, broadcast, or record a non-controversial or that special cir- uments, records, and other materials may be Committee meeting must request approval cumstances require expedited procedures and authorized by the Chair with the consent of of the Chair by submitting a written request a majority of the Committee Members at- the Ranking Minority Member or by the con- to the Committee Office by 5 p.m. the day tending concurs. In no case shall a hearing sent of a majority of the Members of the before the meeting. Notice of televised or be conducted with less than 24 hours’ notice. Committee. Such consent may be given in- broadcasted hearings shall be provided to the (b). Each witness who is to appear before formally, without a meeting, but must be in Ranking Minority Member as soon as prac- the Committee shall submit his or her testi- writing. The Chair may subpoena attendance ticable. mony by way of electronic mail, at least 48 or production without the consent of the (b) During public meetings of the Com- hours in advance of a hearing, in a format Ranking Minority Member when the Chair mittee, any person using a camera, micro- determined by the Committee and sent to an has not received notification from the Rank- phone, or other electronic equipment may electronic mail address specified by the Com- ing Minority Member of disapproval of the not position or use the equipment in a way mittee. subpoena within 72 hours of being notified of that interferes with the seating, vision, or (c). Each Member shall be limited to five the intended subpoena, excluding Saturdays, hearing of Committee members or staff on (5) minutes of questioning of any witness Sundays, and holidays. Subpoenas shall be the dais, or with the orderly process of the until such time as all Members attending issued by the Chair or by the Member of the meeting. who so desire have had an opportunity to Committee designated by him or her. A sub- SUBCOMMITTEES question the witness unless the Committee poena for the attendance of a witness shall shall decide otherwise. The Committee shall not have standing state briefly the purpose of the hearing and subcommittees. BUSINESS MEETING AGENDA the matter or matters to which the witness Rule 5(a). A legislative measure or subject is expected to testify. A subpoena for the AMENDMENT OF RULES shall be included in the agenda of the next production of memoranda, documents, The foregoing rules may be added to, modi- following business meeting of the Committee records, and other materials shall identify fied or amended; provided, however, that not if a written request by a Member for consid- the papers or materials required to be pro- less than a majority of the entire Member- eration of such measure or subject has been duced with as much particularity as is prac- ship so determined at a regular meeting with filed with the Chairman of the Committee at ticable. due notice, or at a meeting specifically least one week prior to such meeting. Noth- (e) The Chair shall rule on any objections called for that purpose. ing in this rule shall be construed to limit or assertions of privilege as to testimony or f the authority of the Chairman of the Com- evidence in response to subpoenas or ques- mittee to include legislative measures or tions of Committee Members and staff in COMMITTEE ON INDIAN AFFAIRS subjects on the Committee agenda in the ab- hearings. sence of such request (f) Testimony may be submitted to the for- (b). Any bill, resolution, or other matter to mal record for a period not less than two RULES OF PROCEDURE be considered by the Committee at a busi- weeks following a hearing or roundtable, un- Mr. BARRASSO. Mr. President, the ness meeting shall be filed with the Clerk of less otherwise agreed to by Chair and Rank- the Committee. Notice of, and the agenda ing Member. Committee on Indian Affairs has adopt- ed rules governing its procedures for for, any business meeting of the Committee, DEPOSITIONS the 114th Congress. Pursuant to rule and a copy of any bill, resolution, or other At the direction of the Chair, with notifi- XXVI, paragraph 2, of the Standing matter to be considered at the meeting, shall cation to the ranking minority member of be provided to each Member and made avail- not less than 72 hours, the staff is authorized Rules of the Senate, I ask unanimous able to the public at least three days prior to to take depositions from witnesses. Such no- consent that a copy of the committee such meeting, and no new items may be tices shall specify a time and place for exam- rules be printed in the RECORD. added after the agenda is published except by ination, and the name of the Senator, staff There being no objection, the mate- the approval of a majority of the Members of officer or officers who will take the deposi- rial was ordered to be printed in the the Committee. The notice and agenda of tion. Any Committee member, or a member RECORD, as follows: any business meeting may be provided to the of the Committee staff designated by the Members by electronic mail, provided that a SENATE COMMITTEE ON INDIAN AF- Chair or ranking minority member, shall be paper copy will be provided to any Member FAIRS COMMITTEE RULES FOR THE given the opportunity to attend and partici- upon request. The Clerk shall promptly no- 114TH CONGRESS pate in the taking of any deposition. Wit- tify absent Members of any action taken by nesses at depositions shall be examined RULES OF PROCEDURE the Committee on matters not included in under oath administered by an individual au- Rule 1. The Standing Rules of the Senate, the published agenda. thorized by law to administer oaths, or ad- Senate Resolution 4, and the provisions of (c). Any amendment(s) to any bill or reso- ministered by any member of the Committee the Legislative Reorganization Act of 1946, lution to be considered shall be filed with the if one is present. The transcript of a deposi- as amended by the Legislative Reorganiza- Clerk not less than 48 hours in advance. This tion shall be filed with the committee clerk. tion Act of 1970, as supplemented by these rule may be waived by the Chairman with The transcript or any portion of the tran- rules, are adopted as the rules of the Com- the concurrence of the Vice Chairman.

VerDate Sep 11 2014 05:58 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.017 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S585 QUORUM mechanical recording, filming, or broad- rity of the United States, and I con- Rule 6(a). Except as provided in subsection casting devices shall position their equip- gratulate and honor the Coast Guard (b), a majority of the Members shall con- ment so as not to interfere with the sight, on its 100th anniversary. stitute a quorum for the transaction of busi- vision, and hearing of Members and staff on f ness of the Committee. Except as provided in the dais or with the orderly process of the Senate Rule XXVI 7(a), a quorum is pre- meeting or hearing. SUPPORTING TEACHERS AND sumed to be present unless the absence of a AUTHORIZING SUBPOENAS SCHOOL LEADERS quorum is noted by a Member. Rule 12. The Chairman may, with the Mr. ALEXANDER. Mr. President, I (b). One Member shall constitute a quorum agreement of the Vice Chairman, or the for the purpose of conducting a hearing or ask unanimous consent that a copy of Committee may, by majority vote, authorize my remarks at the Senate Health, Edu- taking testimony on any measure or matter the issuance of subpoenas. before the Committee. cation, Labor and Pensions Committee AMENDING THE RULES VOTING hearing yesterday be printed in the Rule 13. These rules may be amended only Rule 7(a). A recorded vote of the Members RECORD. by a vote of a majority of all the Members of There being no objection, the mate- shall be taken upon the request of any Mem- the Committee in a business meeting of the ber. Committee: Provided, that no vote may be rial was ordered to be printed in the (b). A measure may be reported without a taken on any proposed amendment unless RECORD, as follows: recorded vote from the Committee unless an such amendment is reproduced in full in the SUPPORTING TEACHERS AND SCHOOL LEADERS objection is made by a Member, in which Committee agenda for such meeting at least Today’s hearing is all about better teach- case a recorded vote by the Members shall be seven (7) days in advance of such meeting. ing—how we can create an environment so required. A Member shall have the right to teachers, principals, and other leaders can have his or her additional views included in f succeed. the Committee report in accordance with RECOGNIZING THE U.S. COAST Governors around the country are focused Senate Rule XXVI 10. GUARD on one issue: better jobs for the citizens in (c). A Committee vote to report a measure their states. And it doesn’t take very long to the Senate shall also authorize the staff of Mr. SESSIONS. Mr. President, today for a governor, which I once was, to come to the Committee to make necessary technical I honor the 100th anniversary of the the conclusion that better schools mean bet- and conforming changes to the measure. U.S. Coast Guard, officially established ter jobs and a better life. (d). Proxy voting shall be permitted on all on this day, January 28, 1915, when Since no one has figured out how to pass a matters, except that proxies may not be President Woodrow Wilson signed leg- better parents law, it doesn’t take long to re- counted for the purpose of determining the islation merging the Revenue Cutter alize how important a great teacher is. presence of a quorum. Unless further limited, I certainly came to that conclusion quick- a proxy shall be exercised only for the date Service and the U.S. Life-Saving Serv- ice into one organization. ly in 1984, when I was governor of Tennessee for which it is given and upon the terms pub- and I considered the holy grail of K–12 edu- lished in the agenda for that date. The Coast Guard has a long and noble cation to be finding a fair way to encourage SWORN TESTIMONY AND FINANCIAL STATEMENTS history, dating back to 1790, of defend- and reward outstanding teaching. Rule 8(a). Witnesses in Committee hear- ing the shores of our Nation. It re- I spent a year and a half, devoting 70 per- ings may be required to give testimony mains a vital component of our na- cent of my time, persuading the legislature under oath whenever the Chairman or Vice tional security infrastructure—per- to establish a career ladder—a master teach- Chairman of the Committee deems it to be forming law enforcement, lifesaving, er program that 10,000 teachers voluntarily necessary. and military duties. Whether it is climbed. They were paid more and had the (b). At any hearing to confirm a Presi- intercepting drug smugglers in the opportunity for 10- and 11-month contracts. dential nomination, the testimony of the Tennessee became the first state in the na- nominee, and at the request of any Member, Gulf of Mexico or rescuing stranded tion to pay teachers more for teaching well. any other witness shall be under oath. Every fishermen off the coast of Alaska, the Rarely a week goes by that a teacher doesn’t nominee shall submit a financial statement, Coast Guard always answers the call stop me and say, ‘‘Thank you for the master on forms to be perfected by the Committee, and performs its mission bravely. Our teacher program.’’ which shall be sworn to by the nominee as to Nation is safer thanks to the work It was not easy. A year before I’d been in its completeness and accuracy. All such done by the brave men and women of a meeting of southern governors and one of statements shall be made public by the Com- the U.S. Coast Guard. them said, ‘‘Who’s gonna be brave enough to take on the teachers union?’’ mittee unless the Committee, in executive I am honored that my home State of session, determines that special cir- I had a year and a half brawl with the Na- cumstances require a full or partial excep- Alabama has a significant Coast Guard tional Education Association before I could tion to this rule. presence in the city of Mobile. U.S. pass our teacher evaluation program. (c). Members of the Committee are urged Coast Guard Sector Mobile is home to Since then, there’s been an explosion of ef- to make public a complete disclosure of their over 200 Active-Duty military and ci- forts to answer these questions a great num- financial interests on forms to be perfected vilian personnel who play a crucial role ber of states and school districts are tack- by the Committee in the manner required in in enforcing our Nation’s laws and pro- ling: How do we determine who is an effec- the case of Presidential nominees. tive teacher? How do we relate student viding maritime security along the achievement to teacher effectiveness? And, CONFIDENTIAL TESTIMONY gulf coast of Alabama, Mississippi, and having decided that, how do we reward and Rule 9. No confidential testimony taken Florida. Mobile is also home to one of support outstanding teaching so we don’t by, or confidential material presented to the the Coast Guard’s largest units, the lose our best teachers? Committee or any report of the proceedings U.S. Coast Guard Aviation Training In 1987, the National Board for Professional of a closed Committee hearing or business Center. The Aviation Training Center Teaching Standards began to strengthen meeting shall be made public in whole or in is home to roughly 600 Active-Duty standards in teaching and professionalize the part, or by way of summary, unless author- teaching workforce. To date, more than ized by a majority of the Members of the military and civilian personnel, and it 110,000 teachers in all 50 states and DC have Committee at a business meeting called for serves as the Coast Guard’s aviation achieved National Board Certification. the purpose of making such a determination. and capabilities development center— In 2006, the Teacher Incentive Fund was DEFAMATORY STATEMENTS responsible for training Coast Guard created to help states and districts create Rule 10. Any person whose name is men- pilots. It also serves as an operational performance-based compensation system for tioned or who is specifically identified in, or Coast Guard air station, performing teachers based on evaluation results. who believes that testimony or other evi- traditional Coast Guard aviation mis- According to the National Center on dence presented at, an open Committee hear- Teacher Quality, in 2014: sions such as search and rescue, home- 27 states required annual evaluations for ing tends to defame him or her or otherwise land security, and environmental pro- adversely affect his or her reputation may all teachers tection in an area encompassing the 44 states required annual evaluations for file with the Committee for its consideration new teachers and action a sworn statement of facts rel- Gulf of Mexico from the Louisiana- 35 states required student achievement evant to such testimony of evidence. Texas border to the Florida panhandle. I am proud of what these Coast Guard and/or student growth to be a significant or BROADCASTING OF HEARINGS OR MEETINGS installations do to protect the people the most significant measure of teacher per- Rule 11. Any meeting or hearing by the formance. Committee which is open to the public may of the gulf coast and the Nation as a So when I came to Washington as a United be covered in whole or in part by television, whole. I would like to thank the U.S. States Senator in 2003, everyone expected— Internet, radio broadcast, or still photog- Coast Guard for everything it does to since I thought rewarding outstanding teach- raphy. Photographers and reporters using enhance and ensure the national secu- ing was the Holy Grail—that I would make

VerDate Sep 11 2014 05:58 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.019 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S586 CONGRESSIONAL RECORD — SENATE January 28, 2015 everyone do it. To the surprise of some, my Given all of the great progress that states Mr. Novotny, one of its reading clerks, answer was no—you can’t do it from Wash- and local school districts have made on announced that the House has passed ington. Nevertheless, over the last 10 years, standards, accountability, tests, and teacher the following bills, in which it requests Washington has tried. evaluation over the last 30 years—you’ll get Here is how: No Child Left Behind told a lot more progress with a lot less opposition the concurrence of the Senate: states that all teachers of core academic sub- if you leave those decisions there. H.R. 159. An act to stop exploitation jects needed to be ‘‘Highly Qualified’’ by I think we should return to states and through trafficking. 2006, and it prescribed that definition in a local school districts decisions for measuring H.R. 181. An act to provide justice for the very bureaucratic manner. That hasn’t the progress of our schools and for evalu- victims of trafficking. worked. I don’t know of many people who ating and measuring the effectiveness of H.R. 246. An act to improve the response to really want to keep that outdated defini- teachers. victims of child sex trafficking. tion—even Secretary Duncan waived the re- I know it is tempting to try to improve H.R. 285. An act to amend title 18, United quirements related to highly qualified teach- teachers from Washington. I also hear from States Code, to provide a penalty for know- ers when he granted waivers to 43 states, the governors and school superintendents who ingly selling advertising that offers certain District of Columbia, and Puerto Rico. say that if ‘‘Washington doesn’t make us do commercial sex acts. Unfortunately, the Secretary replaced it, the teachers unions and opponents from H.R. 350. An act to direct the Interagency those requirements with a new mandate re- the right will make it impossible to have Task Force to Monitor and Combat Traf- quiring teacher evaluation systems—first in good evaluation systems and better teach- ficking to identify strategies to prevent chil- Race to the Top, which gave nearly $4.4 bil- ers.’’ dren from becoming victims of trafficking lion to states, and second, in the waivers. And I understand what they’re saying. and review trafficking prevention efforts, to To get a waiver from No Child Left Behind, After I left office, the NEA watered down protect and assist in the recovery of victims a state and each local school district must Tennessee’s Master Teacher program. of trafficking, and for other purposes. Nevertheless, the Chairman’s Staff Discus- develop a teacher and principal evaluation H.R. 398. An act to provide for the develop- sion draft eliminates the Highly Qualified system with seven required elements—such ment and dissemination of evidence-based Teacher requirements and definition, and al- as that it will use at least three performance best practices for health care professionals lows states to decide the licenses and creden- levels; and will use multiple measures, in- to recognize victims of a severe form of traf- tials that they are going to require their cluding student growth; and will include ficking and respond to such individuals ap- guidelines and supports for implementa- teachers to have. And despite my personal support for teach- propriately and for other purposes. tion—and each element must be approved by er evaluation, the draft doesn’t mandate H.R. 460. An act to direct the Secretary of the U.S. Department of Education. Homeland Security to train Department of The problem is that, after 30 years, we are teacher and principal evaluations. Rather, it enables States to use the more Homeland Security personnel how to effec- still figuring out how to do this. tively deter, detect, disrupt, and prevent Our research work on measuring growth in than $2.5 billion under Title II to develop, implement, or improve these evaluation sys- human trafficking during the course of their student achievement and relating it fairly to primary roles and responsibilities, and for teacher effectiveness was started in 1984, but tems. In a state like Tennessee, that would mean other purposes. former Institute of Education Science Direc- $39 million potentially available for con- H.R. 469. An act to amend the Child Abuse tor Russ Whitehurst told the New York tinuing the work Tennessee has well under- Prevention and Treatment Act to enable Times in 2012 that states ‘‘are racing ahead way for evaluating teachers, including link- State child protective services systems to based on promises made to Washington or ing performance and student achievement. improve the identification and assessment of local political imperatives that prioritize an In addition, it would expand one of the pro- child victims of sex trafficking, and for other unwavering commitment to unproven ap- visions in No Child Left behind—the Teacher purposes. proaches. There’s a lot we don’t know about Incentive Fund that Secretary Spellings rec- H.R. 515. An act to protect children from how to evaluate teachers reliably and how to ommended putting into law and that Sec- exploitation, especially sex trafficking in use that information to improve instruction retary Duncan said, in testimony before the tourism, by providing advance notice of in- and learning.’’ HELP Committee in January 2009, was ‘‘One tended travel by registered child-sex offend- The second problem is that some states of the best things I think Secretary haven’t been willing or able to implement ers outside the United States to the govern- Spellings has done . . . the more we can re- ment of the country of destination, request- the systems the way the U.S. Department of ward excellence, the more we can incentivize Education wants them to. ing foreign governments to notify the United excellence, the more we can get our best States when a known child-sex offender is California, Iowa, and Washington state had teachers to work in those hard-to-staff their waiver requests denied or revoked over seeking to enter the United States, and for schools and communities, the better our stu- other purposes. the issue of teacher evaluations. dents are going to do.’’ In Iowa’s case, it was because the state leg- And third, it would emphasize the idea of a f islature wouldn’t pass a law that satisfied Secretary’s report card—calling considerable MEASURES REFERRED the requirement that allowed for teachers attention to the bully pulpit a secretary or and principals to be placed into at least president has to call attention to states that The following bills were read the first three performance levels—not effective, ef- are succeeding or failing. and the second times by unanimous fective, and highly effective. For example, I remember President consent, and referred as indicated: California simply ignored the Administra- Reagan visited Farragut High School in tion’s conditions when they applied for a Knoxville in 1984 to call attention to our H.R. 246. An act to improve the response to waiver, particularly the requirement that Master Teacher program. It caused the victims of child sex trafficking; to the Com- teacher evaluation systems be based signifi- Democratic speaker of our House of Rep- mittee on the Judiciary. cantly on the results of state standardized resentatives to say, ‘‘This is the American H.R. 350. An act to direct the Interagency tests. way,’’ and come up with an amendment to Task Force to Monitor and Combat Traf- In April, Washington state’s waiver was re- my proposal that was critical to its passage. ficking to identify strategies to prevent chil- voked by Secretary Duncan because their President Reagan didn’t order every other dren from becoming victims of trafficking state legislature would not pass legislation state to do what Tennessee was doing, but and review trafficking prevention efforts, to requiring standardized test results to be used the president’s bully pulpit made a real dif- protect and assist in the recovery of victims in teacher and principal evaluation sys- ference. of trafficking, and for other purposes; to the tems—instead the law in Washington allows Thomas Friedman recently told a group of Committee on the Judiciary. local school districts to decide which tests senators that one of his two rules of life is H.R. 398. An act to provide for the develop- they use. that he’s never met anyone who washed a ment and dissemination of evidence-based Whether or not this federal interference rented car. best practices for health care professionals with state education law offends your sense In other words, people take care of what to recognize victims of a severe form of traf- of federalism, like it does mine, it has proved they own. ficking and respond to such individuals ap- impractical. My experience is that finding a way to fair- propriately, and for other purposes; to the The federal government in its well-inten- ly reward better teaching is the holy grail of Committee on Health, Education, Labor, and tioned way, trying to say, ‘‘We want better K–12 education—but Washington will get the Pensions. teachers, and we’re going to tell you exactly best long-term result by creating an environ- H.R. 460. An act to direct the Secretary of how to do it, and you must do it now’’ has ment in which states and communities are Homeland Security to train Department of created an enormous backlash. It’s made encouraged, not ordered, to evaluate teach- Homeland Security personnel how to effec- even harder something that was already ers. tively deter, detect, disrupt, and prevent Let’s not mandate it from Washington if hard. human trafficking during the course of their Even in Tennessee, despite 30 years of ex- we want them to own it and make it work. primary roles and responsibilities, and for perience and nearly $500 million in Race to f other purposes; to the Committee on Home- the Top funding, the implementation of a MESSAGE FROM THE HOUSE land Security and Governmental Affairs. new teacher evaluation system has been de- H.R. 469. An act to amend the Child Abuse scribed in an article in my hometown news- At 11:24 a.m., a message from the Prevention and Treatment Act to enable paper as ‘‘contentious.’’ House of Representatives, delivered by State child protective services systems to

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.026 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S587 improve the identification and assessment of bia, transmitting, pursuant to law, a report Reporting Act of 2014’’; to the Committee on child victims of sex trafficking, and for other on D.C. Act 20–474, ‘‘Medical Marijuana Ex- Homeland Security and Governmental Af- purposes; to the Committee on Health, Edu- pansion Amendment Act of 2014’’; to the fairs. cation, Labor, and Pensions. Committee on Homeland Security and Gov- EC–412. A communication from the Chair- man of the Council of the District of Colum- f ernmental Affairs. EC–400. A communication from the Chair- bia, transmitting, pursuant to law, a report MEASURES PLACED ON THE man of the Council of the District of Colum- on D.C. Act 20–494, ‘‘St. Matthews Evan- CALENDAR bia, transmitting, pursuant to law, a report gelical Lutheran Church Community Garden Equitable Real Property Tax Relief Act of The following bill was read the sec- on D.C. Act 20–475, ‘‘H Street, N.E., Retail Priority Area Incentive Temporary Amend- 2014’’; to the Committee on Homeland Secu- ond time, and placed on the calendar: ment Act of 2014’’; to the Committee on rity and Governmental Affairs. S. 272. A bill making appropriations for the Homeland Security and Governmental Af- EC–413. A communication from the Chair- Department of Homeland Security for the fairs. man of the Council of the District of Colum- fiscal year ending September 30, 2015, and for EC–401. A communication from the Chair- bia, transmitting, pursuant to law, a report other purposes. man of the Council of the District of Colum- on D.C. Act 20–495, ‘‘Transaction Moderniza- f bia, transmitting, pursuant to law, a report tion Electronic Delivery or Posting Act of on D.C. Act 20–482, ‘‘Affordable Homeowner- 2014’’; to the Committee on Homeland Secu- EXECUTIVE AND OTHER ship Preservation and Equity Accumulation rity and Governmental Affairs. COMMUNICATIONS Amendment Act of 2014’’; to the Committee EC–414. A communication from the Chair- on Homeland Security and Governmental Af- man of the Council of the District of Colum- The following communications were bia, transmitting, pursuant to law, a report laid before the Senate, together with fairs. EC–402. A communication from the Chair- on D.C. Act 20–496, ‘‘Closing of a Portion of accompanying papers, reports, and doc- man of the Council of the District of Colum- the Public Alley System Square 368, S.O. 13– uments, and were referred as indicated: bia, transmitting, pursuant to law, a report 09586, Act of 2014’’; to the Committee on EC–390. A communication from the Chair- on D.C. Act 20–483, ‘‘Food Policy Council and Homeland Security and Governmental Af- man of the Council of the District of Colum- Director Establishment Act of 2014’’; to the fairs. EC–415. A communication from the Chair- bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- man of the Council of the District of Colum- on D.C. Act 20–462, ‘‘License to Carry a Pistol ernmental Affairs. bia, transmitting, pursuant to law, a report Temporary Amendment Act of 2014’’; to the EC–403. A communication from the Chair- on D.C. Act 20–497, ‘‘Captive Insurance Com- Committee on Homeland Security and Gov- man of the Council of the District of Colum- pany Amendment Act of 2014’’; to the Com- ernmental Affairs. bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- EC–391. A communication from the Chair- on D.C. Act 20–484, ‘‘Commission on Health man of the Council of the District of Colum- mental Affairs. Disparities Establishment Act of 2014’’; to EC–416. A communication from the Chair- bia, transmitting, pursuant to law, a report the Committee on Homeland Security and man of the Council of the District of Colum- on D.C. Act 20–463, ‘‘Zion Baptist Church Governmental Affairs. bia, transmitting, pursuant to law, a report Way Designation Act of 2014’’; to the Com- EC–404. A communication from the Chair- on D.C. Act 20–498, ‘‘Nationwide Mortgage mittee on Homeland Security and Govern- man of the Council of the District of Colum- Licensing System Conformity Act of 2014’’; mental Affairs. bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and EC–392. A communication from the Chair- on D.C. Act 20–485, ‘‘Disposition of District Governmental Affairs. man of the Council of the District of Colum- Land for Affordable Housing Amendment Act EC–417. A communication from the Chair- bia, transmitting, pursuant to law, a report of 2014’’; to the Committee on Homeland Se- man of the Council of the District of Colum- on D.C. Act 20–464, ‘‘Bishop Iola B. curity and Governmental Affairs. bia, transmitting, pursuant to law, a report Cunningham Way Designation Act of 2014’’; EC–405. A communication from the Chair- on D.C. Act 20–499, ‘‘Metropolitan Police De- to the Committee on Homeland Security and man of the Council of the District of Colum- partment Commencement of Discipline and Governmental Affairs. bia, transmitting, pursuant to law, a report Command Staff Appointment Amendment EC–393. A communication from the Chair- on D.C. Act 20–486, ‘‘Special Education Stu- Act of 2014’’; to the Committee on Homeland man of the Council of the District of Colum- dent Rights Act of 2014’’; to the Committee Security and Governmental Affairs. bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- EC–418. A communication from the Chair- on D.C. Act 20–467, ‘‘Civil Marriage Dissolu- fairs. man of the Council of the District of Colum- tion Equality Clarification Amendment Act EC–406. A communication from the Chair- bia, transmitting, pursuant to law, a report of 2014’’; to the Committee on Homeland Se- man of the Council of the District of Colum- on D.C. Act 20–500, ‘‘Douglas Knoll, Golden curity and Governmental Affairs. bia, transmitting, pursuant to law, a report Rule, 1728 W Street, and Wagner Gainesville EC–394. A communication from the Chair- on D.C. Act 20–487, ‘‘Enhanced Special Edu- Real Property Tax Exemption Amendment man of the Council of the District of Colum- cation Services Amendment Act of 2014’’; to Act of 2014’’; to the Committee on Homeland bia, transmitting, pursuant to law, a report the Committee on Homeland Security and Security and Governmental Affairs. on D.C. Act 20–468, ‘‘Nap Turner Way Des- Governmental Affairs. EC–419. A communication from the Chair- ignation Act of 2014’’; to the Committee on EC–407. A communication from the Chair- man of the Council of the District of Colum- Homeland Security and Governmental Af- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report fairs. bia, transmitting, pursuant to law, a report on D.C. Act 20–502, ‘‘Plan for Comprehensive EC–395. A communication from the Chair- on D.C. Act 20–488, ‘‘Special Education Qual- Services for Homeless Individuals at 425 2nd man of the Council of the District of Colum- ity Improvement Amendment Act of 2014’’; Street, N.W., Act of 2014’’; to the Committee bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and on Homeland Security and Governmental Af- on D.C. Act 20–469, ‘‘Stroke System of Care Governmental Affairs. fairs. Act of 2014’’; to the Committee on Homeland EC–408. A communication from the Chair- EC–420. A communication from the Chair- Security and Governmental Affairs. man of the Council of the District of Colum- man of the Council of the District of Colum- EC–396. A communication from the Chair- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- on D.C. Act 20–489, ‘‘Vehicle-for-Hire Innova- on D.C. Act 20–503, ‘‘Public Space Enforce- bia, transmitting, pursuant to law, a report tion Amendment Act of 2014’’; to the Com- ment Act of 2014’’; to the Committee on on D.C. Act 20–471, ‘‘N Street Village Way mittee on Homeland Security and Govern- Homeland Security and Governmental Af- Designation Act of 2014’’; to the Committee mental Affairs. fairs. on Homeland Security and Governmental Af- EC–409. A communication from the Chair- EC–421. A communication from the Chair- fairs. man of the Council of the District of Colum- man of the Council of the District of Colum- EC–397. A communication from the Chair- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- on D.C. Act 20–490, ‘‘Grocery Store Restric- on D.C. Act 20–506, ‘‘District Government bia, transmitting, pursuant to law, a report tive Covenant Prohibition Temporary Act of Certificate of Good Standing Filing Require- on D.C. Act 20–472, ‘‘Solid Waste Facility 2014’’; to the Committee on Homeland Secu- ment Temporary Amendment Act of 2014’’; Permit Amendment Act of 2014’’; to the Com- rity and Governmental Affairs. to the Committee on Homeland Security and mittee on Homeland Security and Govern- EC–410. A communication from the Chair- Governmental Affairs. mental Affairs. man of the Council of the District of Colum- EC–422. A communication from the Chair- EC–398. A communication from the Chair- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- man of the Council of the District of Colum- on D.C. Act 20–491, ‘‘Retirement Technical bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report Amendment Act of 2014’’; to the Committee on D.C. Act 20–511, ‘‘Housing Production on D.C. Act 20–473, ‘‘Repeal of Prostitution on Homeland Security and Governmental Af- Trust Fund Baseline Funding Amendment Free Zones and Drug Free Zones Amendment fairs. Act of 2014’’; to the Committee on Homeland Act of 2014’’; to the Committee on Homeland EC–411. A communication from the Chair- Security and Governmental Affairs. Security and Governmental Affairs. man of the Council of the District of Colum- EC–423. A communication from the Chair- EC–399. A communication from the Chair- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- man of the Council of the District of Colum- on D.C. Act 20–493, ‘‘Truth in Affordability bia, transmitting, pursuant to law, a report

VerDate Sep 11 2014 05:58 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.035 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S588 CONGRESSIONAL RECORD — SENATE January 28, 2015 on D.C. Act 20–512, ‘‘SeVerna, LLC, Real One Act of 2014’’; to the Committee on Home- EC–448. A communication from the Chair- Property Tax Exemption and Real Property land Security and Governmental Affairs. man of the Council of the District of Colum- Tax Relief Act of 2014’’; to the Committee on EC–436. A communication from the Chair- bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- man of the Council of the District of Colum- on D.C. Act 20–552, ‘‘Guardianship Amend- fairs. bia, transmitting, pursuant to law, a report ment Act of 2014’’; to the Committee on EC–424. A communication from the Chair- on D.C. Act 20–533, ‘‘D.C. No Taxation With- Homeland Security and Governmental Af- man of the Council of the District of Colum- out Representation Way Designation Act of fairs. bia, transmitting, pursuant to law, a report 2014’’; to the Committee on Homeland Secu- EC–449. A communication from the Chair- on D.C. Act 20–514, ‘‘Promoting Economic rity and Governmental Affairs. man of the Council of the District of Colum- Growth and Job Creation Through Tech- EC–437. A communication from the Chair- bia, transmitting, pursuant to law, a report nology Act of 2014’’; to the Committee on man of the Council of the District of Colum- on D.C. Act 20–553, ‘‘Closing of a Portion of Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report Manchester Lane, N.W., adjacent to Square fairs. on D.C. Act 20–534, ‘‘Criminalization of Non- 2742, S.O. 08–3083, Act of 2014’’; to the Com- EC–425. A communication from the Chair- Consensual Pornography Act of 2014’’; to the mittee on Homeland Security and Govern- man of the Council of the District of Colum- Committee on Homeland Security and Gov- mental Affairs. bia, transmitting, pursuant to law, a report ernmental Affairs. EC–450. A communication from the Chair- on D.C. Act 20–515, ‘‘Winter Sidewalk Safety EC–438. A communication from the Chair- man of the Council of the District of Colum- Amendment Act of 2014’’; to the Committee man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report on D.C. Act 20–554, ‘‘Turkey Bowl Revenue fairs. on D.C. Act 20–535, ‘‘Dedication of a Public Generation and Sponsorship Act of 2014’’; to EC–426. A communication from the Chair- Alley in Square 752, S.O. 14–15491, Act of the Committee on Homeland Security and man of the Council of the District of Colum- 2014’’; to the Committee on Homeland Secu- Governmental Affairs. bia, transmitting, pursuant to law, a report rity and Governmental Affairs. EC–451. A communication from the Chair- on D.C. Act 20–516, ‘‘Dignity for Homeless EC–439. A communication from the Chair- man of the Council of the District of Colum- Families Amendment Act of 2014’’; to the man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report on D.C. Act 20–555, ‘‘Fiscal Year 2015 Budget ernmental Affairs. on D.C. Act 20–536, ‘‘Grandparent Caregivers Support Clarification Temporary Amend- EC–427. A communication from the Chair- Program Subsidy Transfer Temporary ment Act of 2014’’; to the Committee on man of the Council of the District of Colum- Amendment Act of 2014’’; to the Committee Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- fairs. on D.C. Act 20–517, ‘‘Lawrence Guyot Way fairs. EC–452. A communication from the Chair- Designation Act of 2014’’; to the Committee EC–440. A communication from the Chair- man of the Council of the District of Colum- on Homeland Security and Governmental Af- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report fairs. bia, transmitting, pursuant to law, a report on D.C. Act 20–556, ‘‘Soccer Stadium Devel- EC–428. A communication from the Chair- on D.C. Act 20–537, ‘‘Pepco Cost-Sharing opment Amendment Act of 2014’’; to the man of the Council of the District of Colum- Fund for DC PLUG Establishment Tem- Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report porary Act of 2014’’; to the Committee on ernmental Affairs. on D.C. Act 20–518, ‘‘Percy Battle Way Des- Homeland Security and Governmental Af- EC–453. A communication from the Chair- ignation Act of 2014’’; to the Committee on fairs. man of the Council of the District of Colum- Homeland Security and Governmental Af- EC–441. A communication from the Chair- bia, transmitting, pursuant to law, a report fairs. man of the Council of the District of Colum- on D.C. Act 20–558, ‘‘Small and Certified EC–429. A communication from the Chair- bia, transmitting, pursuant to law, a report Business Enterprise Waiver and Recertifi- man of the Council of the District of Colum- on D.C. Act 20–538, ‘‘Trash Compactor Tax cation Amendment Act of 2014’’; to the Com- bia, transmitting, pursuant to law, a report Incentive Amendment Act of 2014’’; to the mittee on Homeland Security and Govern- on D.C. Act 20–519, ‘‘Uniform Certificate of Committee on Homeland Security and Gov- mental Affairs. Title for Vessels Act of 2014’’; to the Com- ernmental Affairs. EC–454. A communication from the Chair- mittee on Homeland Security and Govern- EC–442. A communication from the Chair- man of the Council of the District of Colum- mental Affairs. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report EC–430. A communication from the Chair- bia, transmitting, pursuant to law, a report on D.C. Act 20–559, ‘‘Insurance Holding Com- man of the Council of the District of Colum- on D.C. Act 20–539, ‘‘Behavioral Health Sys- pany and Credit for Reinsurance Moderniza- bia, transmitting, pursuant to law, a report tem of Care Amendment Act of 2014’’; to the tion Amendment Act of 2014’’; to the Com- on D.C. Act 20–520, ‘‘Department of Parks Committee on Homeland Security and Gov- mittee on Homeland Security and Govern- and Recreation Fee-based Use Permit Au- ernmental Affairs. mental Affairs. thority Clarification Amendment Act of EC–443. A communication from the Chair- EC–455. A communication from the Chair- 2014’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- man of the Council of the District of Colum- rity and Governmental Affairs. bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report EC–431. A communication from the Chair- on D.C. Act 20–540, ‘‘Copper Intrauterine De- on D.C. Act 20–560, ‘‘Sex Trafficking of Chil- man of the Council of the District of Colum- vice Access Amendment Act of 2014’’; to the dren Prevention Amendment Act of 2014’’; to bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- the Committee on Homeland Security and on D.C. Act 20–521, ‘‘Cashell Alley Designa- ernmental Affairs. Governmental Affairs. tion Act of 2014’’; to the Committee on EC–444. A communication from the Chair- EC–456. A communication from the Chair- Homeland Security and Governmental Af- man of the Council of the District of Colum- man of the Council of the District of Colum- fairs. bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report EC–432. A communication from the Chair- on D.C. Act 20–548, ‘‘Community Develop- on D.C. Act 20–561, ‘‘Firefighter Retirement man of the Council of the District of Colum- ment Amendment Act of 2014’’; to the Com- While Under Disciplinary Investigation bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- Amendment Act of 2014’’; to the Committee on D.C. Act 20–522, ‘‘Standard Deduction mental Affairs. on Homeland Security and Governmental Af- EC–445. A communication from the Chair- Withholding Clarification Temporary fairs. Amendment Act of 2014’’; to the Committee man of the Council of the District of Colum- EC–457. A communication from the Chair- on Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- fairs. on D.C. Act 20–549, ‘‘Youth Tanning Safety bia, transmitting, pursuant to law, a report EC–433. A communication from the Chair- Regulation Amendment Act of 2014’’; to the on D.C. Act 20–562, ‘‘Inspector General Quali- man of the Council of the District of Colum- Committee on Homeland Security and Gov- fications Amendment Act of 2014’’; to the bia, transmitting, pursuant to law, a report ernmental Affairs. Committee on Homeland Security and Gov- EC–446. A communication from the Chair- on D.C. Act 20–530, ‘‘Conversion Therapy for ernmental Affairs. man of the Council of the District of Colum- Minors Prohibition Amendment Act of 2014’’; EC–458. A communication from the Chair- bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and man of the Council of the District of Colum- on D.C. Act 20–550, ‘‘Public-Private Partner- Governmental Affairs. bia, transmitting, pursuant to law, a report EC–434. A communication from the Chair- ship Act of 2014’’; to the Committee on on D.C. Act 20–588, ‘‘Trauma Technologists man of the Council of the District of Colum- Homeland Security and Governmental Af- Licensure Temporary Amendment Act of bia, transmitting, pursuant to law, a report fairs. 2014’’; to the Committee on Homeland Secu- on D.C. Act 20–531, ‘‘Wage Transparency Act EC–447. A communication from the Chair- rity and Governmental Affairs. of 2014’’; to the Committee on Homeland Se- man of the Council of the District of Colum- curity and Governmental Affairs. bia, transmitting, pursuant to law, a report f EC–435. A communication from the Chair- on D.C. Act 20–551, ‘‘N Street Village, Inc. REPORTS OF COMMITTEES man of the Council of the District of Colum- Tax and TOPA Exemption Act of 2014’’; to bia, transmitting, pursuant to law, a report the Committee on Homeland Security and The following reports of committees on D.C. Act 20–532, ‘‘DC Rocks, So We Need Governmental Affairs. were submitted:

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.029 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S589 By Mr. CORKER, from the Committee on Shelstad, which nominations were received and their dependents from gross income; to Foreign Relations, with an amendment in by the Senate and appeared in the Congres- the Committee on Finance. the nature of a substitute and with a pre- sional Record on January 13, 2015. By Mr. PORTMAN (for himself, Mrs. amble: By Mr. ALEXANDER for the Committee MCCASKILL, Mr. BLUNT, Mr. JOHNSON, S. Res. 35. A resolution commemorating on Health, Education, Labor, and Pensions. Mr. KING, Mr. MANCHIN, and Mr. the 70th anniversary of the liberation of the *Allison Beck, of the District of Columbia, PAUL): Auschwitz extermination camp in Nazi-occu- to be Federal Mediation and Conciliation Di- S. 280. A bill to improve the efficiency, pied Poland. rector. management, and interagency coordination By Mr. ALEXANDER, from the Committee *Adri Davin Jayaratne, of Michigan, to be of the Federal permitting process through on Health, Education, Labor, and Pensions, an Assistant Secretary of Labor. reforms overseen by the Director of the Of- without amendment: *Mary Lucille Jordan, of Maryland, to be a fice of Management and Budget, and for S. Res. 44. An original resolution author- Member of the Federal Mine Safety and other purposes; to the Committee on Home- izing expenditures by the Committee on Health Review Commission for a term of six land Security and Governmental Affairs. Health, Education, Labor, and Pensions. years expiring August 30, 2020. By Mr. BLUNT (for himself and Mr. By Mr. VITTER, from the Committee on *Michael Young, of Pennsylvania, to be a RUBIO): Small Business and Entrepreneurship, with- Member of the Federal Mine Safety and S. 281. A bill to require a Federal agency to out amendment: Health Review Commission for a term of six include language in certain educational and S. Res. 45. An original resolution author- years expiring August 30, 2020. advertising materials indicating that such izing expenditures by the Committee on *Nomination was reported with rec- materials are produced and disseminated at taxpayer expense; to the Committee on Small Business and Entrepreneurship. ommendation that it be confirmed sub- By Ms. COLLINS, from the Special Com- Homeland Security and Governmental Af- mittee on Aging, without amendment: ject to the nominee’s commitment to fairs. S. Res. 46. An original resolution author- respond to requests to appear and tes- By Mr. LANKFORD (for himself, Mrs. izing expenditures by the Special Committee tify before any duly constituted com- MCCASKILL, Mr. JOHNSON, Ms. on Aging. mittee of the Senate. AYOTTE, Ms. HEITKAMP, Mr. ENZI, and By Mr. CORKER, from the Committee on (Nominations without an asterisk Mr. MCCAIN): Foreign Relations, without amendment: were reported with the recommenda- S. 282. A bill to provide taxpayers with an annual report disclosing the cost and per- S. Res. 47. An original resolution author- tion that they be confirmed.) izing expenditures by the Committee on For- formance of Government programs and areas eign Relations. f of duplication among them, and for other By Mr. ROBERTS, from the Committee on INTRODUCTION OF BILLS AND purposes; to the Committee on Homeland Se- Agriculture, Nutrition, and Forestry, with- JOINT RESOLUTIONS curity and Governmental Affairs. out amendment: By Mr. FLAKE (for himself, Mr. ROB- S. Res. 48. An original resolution author- The following bills and joint resolu- ERTS, Mr. BLUNT, Mr. GRASSLEY, Mr. izing expenditures by the Committee on Ag- tions were introduced, read the first RUBIO, Mr. CRAPO, Mr. KIRK, Mr. riculture, Nutrition, and Forestry. and second times by unanimous con- INHOFE, Mrs. CAPITO, Mr. WICKER, Mr. By Mr. BARRASSO, from the Committee sent, and referred as indicated: RISCH, Mr. PERDUE, Mr. DAINES, Mr. on Indian Affairs, without amendment: HELLER, Mr. BURR, Mr. VITTER, Mr. RASS S. Res. 49. An original resolution author- By Mr. CRUZ (for himself, Mr. G - MCCAIN, Mr. GRAHAM, Mr. ISAKSON, LEY NHOFE ITTER izing expenditures by the Senate Committee , Mr. I , Mr. V , and Mr. Mr. ENZI, Mr. PAUL, Mr. TOOMEY, Mr. LUNT on Indian Affairs. B ): MORAN, Mr. CRUZ, Mr. PORTMAN, Mr. S. 273. A bill to amend title 18, United ALEXANDER, Mr. BOOZMAN, Mr. COR- f States Code, to prohibit the intentional dis- NYN, Mr. COCHRAN, Mr. MCCONNELL, crimination of a person or organization by EXECUTIVE REPORTS OF Mr. SCOTT, Mrs. FISCHER, Mr. THUNE, an employee of the Internal Revenue Serv- COMMITTEES Mr. CORKER, Mr. BARRASSO, Mr. LEE, ice; to the Committee on the Judiciary. The following executive reports of and Mr. SHELBY): By Mr. CRUZ (for himself, Mr. GRASS- S. 283. A bill to prohibit the Internal Rev- nominations were submitted: LEY, Mr. INHOFE, and Mr. VITTER): enue Service from modifying the standard By Mr. MCCAIN for the Committee on S. 274. A bill to prohibit the Department of for determining whether an organization is Armed Services. the Treasury from assigning tax statuses to operated exclusively for the promotion of so- Air Force nominations beginning with organizations based on their political beliefs cial welfare for purposes of section 501(c)(4) Colonel Tony D. Bauernfeind and ending and activities; to the Committee on Finance. of the Internal Revenue Code of 1986; to the with Colonel William P. West, which nomi- By Mr. ISAKSON (for himself and Mr. Committee on Finance. nations were received by the Senate and ap- WARNER): By Mr. CARDIN (for himself, Mr. peared in the Congressional Record on Janu- S. 275. A bill to amend title XVIII of the MCCAIN, Mrs. SHAHEEN, Mr. RUBIO, ary 7, 2015. Social Security Act to provide for the cov- Mr. DURBIN, Mr. WICKER, Mr. MAR- erage of home as a site of care for infusion Mr. MCCAIN. Mr. President, for the KEY, Mr. KIRK, and Mr. BLUMENTHAL): therapy under the Medicare program; to the S. 284. A bill to impose sanctions with re- Committee on Armed Services I report Committee on Finance. favorably the following nomination spect to foreign persons responsible for gross By Mr. MENENDEZ: violations of internationally recognized lists which were printed in the S. 276. A bill to amend the Public Health human rights, and for other purposes; to the RECORDS on the dates indicated, and Service Act to provide for the expansion, in- Committee on Foreign Relations. ask unanimous consent, to save the ex- tensification, and coordination of the pro- By Mr. GARDNER (for himself and Mr. pense of reprinting on the Executive grams and activities of the National Insti- BENNET): Calendar that these nominations lie at tutes of Health with respect to Tourette syn- S. 285. A bill to authorize the construction the Secretary’s desk for the informa- drome; to the Committee on Health, Edu- of a replacement medical center of the De- cation, Labor, and Pensions. tion of Senators. partment of Veterans Affairs in Aurora, Col- By Mr. REED (for himself and Ms. orado, and to direct the Secretary of Vet- The PRESIDING OFFICER. Without BALDWIN): erans Affairs to enter into an agreement objection, it is so ordered. S. 277. A bill to amend the Education with the Chief of Engineers to act as the con- Air Force nomination of Rodrick A. Koch, Sciences Reform Act of 2002 and the Edu- struction agent with respect to such con- to be Lieutenant Colonel. cational Technical Assistance Act of 2002 to struction, and for other purposes; to the Air Force nomination of James F. Richey, strengthen research in adult education; to Committee on Veterans’ Affairs. to be Lieutenant Colonel. the Committee on Health, Education, Labor, By Mr. BARRASSO (for himself, Mr. Marine Corps nominations beginning with and Pensions. TESTER, and Ms. MURKOWSKI): Morris A. Desimone III and ending with An- By Mr. BLUNT (for himself, Mr. COR- S. 286. A bill to amend the Indian Self-De- drew R. Strauss, which nominations were re- NYN, Mrs. FISCHER, and Mr. ROBERTS): termination and Education Assistance Act ceived by the Senate and appeared in the S. 278. A bill to amend title 5, United to provide further self-governance by Indian Congressional Record on January 13, 2015. States Code, to establish certain procedures tribes, and for other purposes; to the Com- Marine Corps nominations beginning with for conducting in-person or telephone inter- mittee on Indian Affairs. Steven P. Hulse and ending with Anthony C. actions by executive branch employees with By Mr. DURBIN (for himself, Mrs. Lyons, which nominations were received by individuals, and for other purposes; to the FEINSTEIN, Mrs. GILLIBRAND, and Mr. the Senate and appeared in the Congres- Committee on Homeland Security and Gov- BLUMENTHAL): sional Record on January 13, 2015. ernmental Affairs. S. 287. A bill to establish the Food Safety Marine Corps nomination of Brian L. By Ms. AYOTTE: Administration to protect the public health White, to be Lieutenant Colonel. S. 279. A bill to amend the Internal Rev- by preventing foodborne illness, ensuring the Marine Corps nominations beginning with enue Code of 1986 to exclude certain com- safety of food, improving research on con- Steven R. Lucas and ending with James N. pensation received by public safety officers taminants leading to foodborne illness, and

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.023 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S590 CONGRESSIONAL RECORD — SENATE January 28, 2015 improving security of food from inter- By Mr. HELLER (for himself and Mr. By Mr. BROWN (for himself, Mr. national contamination, and for other pur- MANCHIN): PORTMAN, and Mr. CARPER): poses; to the Committee on Agriculture, Nu- S. 296. A bill to amend title 38, United S. Res. 50. A resolution congratulating The trition, and Forestry. States Code, to enhance treatment of certain Ohio State University football team for win- By Mr. ALEXANDER (for himself, Mr. small business concerns for purposes of De- ning the 2015 College Football Playoff na- MCCONNELL, Mr. ENZI, Mr. ISAKSON, partment of Veterans Affairs contracting tional championship; considered and agreed Mr. RUBIO, and Mr. SCOTT): goals and preferences, and for other pur- to. S. 288. A bill to amend the National Labor poses; to the Committee on Veterans’ Af- By Mr. VITTER (for himself and Mr. Relations Act to reform the National Labor fairs. CASEY): Relations Board, the Office of the General By Mr. KIRK (for himself, Mr. S. Res. 51. A resolution recognizing the Counsel, and the process for appellate re- MANCHIN, and Mr. UDALL): goals of Catholic Schools Week and honoring view, and for other purposes; to the Com- S. 297. A bill to revive and expand the In- the valuable contributions of Catholic mittee on Health, Education, Labor, and termediate Care Technician Pilot Program schools in the United States; considered and Pensions. of the Department of Veterans Affairs, and agreed to. By Mr. DURBIN (for himself, Mr. for other purposes; to the Committee on Vet- By Mr. CARDIN (for himself and Mr. BROWN, Ms. KLOBUCHAR, Mrs. BOXER, erans’ Affairs. WICKER): Mr. MARKEY, Mr. CARDIN, Mr. By Mr. GRASSLEY (for himself, Mr. S. Res. 52. A resolution calling for the re- FRANKEN, Mr. CASEY, and Mr. SCHU- BENNET, Mr. PORTMAN, Mr. NELSON, lease of Ukrainian fighter pilot Nadiya MER): Mr. BLUNT, Mr. BROWN, Mr. KIRK, and Savchenko, who was captured by Russian S. 289. A bill to prioritize funding for an ex- Mrs. MURRAY): forces in Eastern Ukraine and has been held panded and sustained national investment in S. 298. A bill to amend titles XIX and XXI illegally in a Russian prison since July 2014; biomedical research; to the Committee on of the Social Security Act to provide States to the Committee on Foreign Relations. the Budget. with the option of providing services to chil- f By Mr. MORAN (for himself, Ms. dren with medically complex conditions AYOTTE, Mr. RUBIO, and Mr. MCCAIN): under the Medicaid program and Children’s ADDITIONAL COSPONSORS S. 290. A bill to amend title 38, United Health Insurance Program through a care S. 33 States Code, to improve the accountability coordination program focused on improving of employees of the Department of Veterans health outcomes for children with medically At the request of Mr. BARRASSO, the Affairs, and for other purposes; to the Com- complex conditions and lowering costs, and name of the Senator from Ohio (Mr. mittee on Veterans’ Affairs. for other purposes; to the Committee on Fi- PORTMAN) was added as a cosponsor of By Mr. INHOFE (for himself, Mr. nance. S. 33, a bill to provide certainty with GRASSLEY, Mr. SESSIONS, Mr. VITTER, f respect to the timing of Department of and Mr. CRUZ): Energy decisions to approve or deny S. 291. A bill to amend the Immigration SUBMISSION OF CONCURRENT AND applications to export natural gas, and and Nationality Act to provide for exten- SENATE RESOLUTIONS sions of detention of certain aliens ordered for other purposes. The following concurrent resolutions removed, and for other purposes; to the Com- S. 37 and Senate resolutions were read, and mittee on the Judiciary. At the request of Mr. REED, the name By Mr. CORNYN (for himself, Mr. referred (or acted upon), as indicated: of the Senator from Wisconsin (Ms. FLAKE, Mr. ROBERTS, Mr. CRAPO, Mr. By Mr. PORTMAN (for himself and Mr. BALDWIN) was added as a cosponsor of DAINES, Mr. HATCH, Mr. ROUNDS, Mr. BLUMENTHAL): S. 37, a bill to amend the Elementary MORAN, Mr. LANKFORD, Mr. ENZI, Mr. S. Res. 43. A resolution expressing the CRUZ, and Mrs. FISCHER): sense of the Senate that children trafficked and Secondary Education Act of 1965 to S. 292. A bill to amend the Endangered Spe- in the United States should be treated as vic- provide for State accountability in the cies Act of 1973 to require publication on the tims, and not criminals, especially during provision of access to the core re- Internet of the basis for determinations that the upcoming Super Bowl, an event around sources for learning, and for other pur- species are endangered species or threatened which many children are at risk for being poses. species, and for other purposes; to the Com- trafficked for sex; to the Committee on the S. 48 mittee on Environment and Public Works. Judiciary. By Mr. CORNYN (for himself, Mr. By Mr. ALEXANDER: At the request of Mr. VITTER, the FLAKE, Mr. ROBERTS, Mr. CRAPO, Mr. S. Res. 44. An original resolution author- name of the Senator from Kansas (Mr. BOOZMAN, Mr. HATCH, Mr. ROUNDS, izing expenditures by the Committee on ROBERTS) was added as a cosponsor of Mr. MORAN, Mr. LANKFORD, Mr. VIT- Health, Education, Labor, and Pensions; S. 48, a bill to prohibit discrimination TER, Mr. RISCH, Mr. HELLER, Mrs. from the Committee on Health, Education, against the unborn on the basis of sex FISCHER, and Mr. WICKER): Labor, and Pensions; to the Committee on or gender, and for other purposes. S. 293. A bill to amend the Endangered Spe- Rules and Administration. S. 50 cies Act of 1973 to establish a procedure for By Mr. VITTER: approval of certain settlements; to the Com- S. Res. 45. An original resolution author- At the request of Mr. VITTER, the mittee on Environment and Public Works. izing expenditures by the Committee on name of the Senator from Kansas (Mr. By Mr. PORTMAN (for himself, Mr. Small Business and Entrepreneurship; from ROBERTS) was added as a cosponsor of MANCHIN, Mr. BLUNT, Mr. BOOZMAN, the Committee on Small Business and Entre- S. 50, a bill to amend the Public Health Mrs. BOXER, Mr. BROWN, Mr. HOEVEN, preneurship; to the Committee on Rules and Service Act to prohibit certain abor- Mr. INHOFE, Mr. ISAKSON, Mr. KAINE, Administration. tion-related discrimination in govern- Mr. MORAN, Mr. THUNE, Mr. VITTER, By Ms. COLLINS: Mr. WARNER, Ms. AYOTTE, Mr. COR- S. Res. 46. An original resolution author- mental activities. NYN, Mr. GRAHAM, and Mr. WICKER): izing expenditures by the Special Committee S. 51 S. 294. A bill to require the Secretary of on Aging; from the Special Committee on At the request of Mr. VITTER, the the Treasury to mint coins in recognition Aging; to the Committee on Rules and Ad- name of the Senator from Kansas (Mr. and celebration of the Pro Football Hall of ministration. ROBERTS) was added as a cosponsor of Fame; to the Committee on Banking, Hous- By Mr. CORKER: ing, and Urban Affairs. S. Res. 47. An original resolution author- S. 51, a bill to amend title X of the By Mr. HATCH (for himself, Mr. SCHU- izing expenditures by the Committee on For- Public Health Service Act to prohibit MER, Ms. AYOTTE, Mr. BLUMENTHAL, eign Relations; from the Committee on For- family planning grants from being Mr. BLUNT, Ms. CANTWELL, Mrs. CAP- eign Relations; to the Committee on Rules awarded to any entity that performs ITO, Mr. CARPER, Mr. CASEY, Mr. and Administration. abortions, and for other purposes. COONS, Mr. CORNYN, Mr. DAINES, Mrs. By Mr. ROBERTS: S. 183 FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- S. Res. 48. An original resolution author- At the request of Mr. BARRASSO, the BRAND, Mr. GRAHAM, Mr. GRASSLEY, izing expenditures by the Committee on Ag- Mr. INHOFE, Mr. ISAKSON, Mr. KIRK, riculture, Nutrition, and Forestry; from the name of the Senator from Oklahoma Ms. KLOBUCHAR, Mr. LEE, Mr. MAR- Committee on Agriculture, Nutrition, and (Mr. LANKFORD) was added as a cospon- KEY, Mr. MCCAIN, Mrs. MURRAY, Mr. Forestry; to the Committee on Rules and Ad- sor of S. 183, a bill to repeal the annual PERDUE, Mr. PORTMAN, Mr. ROBERTS, ministration. fee on health insurance providers en- Mr. RUBIO, Mr. THUNE, Mr. TOOMEY, By Mr. BARRASSO: acted by the Patient Protection and Mr. UDALL, Mr. VITTER, Ms. WARREN, S. Res. 49. An original resolution author- Affordable Care Act. Mr. WHITEHOUSE, and Mr. MANCHIN): izing expenditures by the Senate Committee S. 295. A bill to amend section 2259 of title on Indian Affairs; from the Committee on In- S. 192 18, United States Code, and for other pur- dian Affairs; to the Committee on Rules and At the request of Mr. ALEXANDER, the poses; to the Committee on the Judiciary. Administration. names of the Senator from Maine (Ms.

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One of the cornerstones of Federal of the Senator from Alabama (Mr. SES- AMENDMENT NO. 70 Indian policy is the concept of tribal self-determination and self-governance. SIONS) and the Senator from Georgia At the request of Mr. PETERS, the (Mr. PERDUE) were added as cosponsors name of the Senator from Wisconsin In 1975, Congress passed the Indian Self-Determination and Education As- of S. 233, a bill to amend the Fair (Ms. BALDWIN) was added as a cospon- sistance Act. The Act, Public Law No. Labor Standards Act of 1938 to provide sor of amendment No. 70 proposed to S. 93–638 authorizes Indian tribes to carry compensatory time for employees in 1, a bill to approve the Keystone XL out certain Federal Indian programs, the private sector. Pipeline. activities, and functions within the De- S. 248 AMENDMENT NO. 73 partment of the Interior and the De- At the request of Mr. MORAN, the At the request of Mr. INHOFE, his partment of the Health and Human name of the Senator from Idaho (Mr. name was added as a cosponsor of Services. RISCH) was added as a cosponsor of S. amendment No. 73 proposed to S. 1, a Self-governance is both a policy and 248, a bill to clarify the rights of Indi- bill to approve the Keystone XL Pipe- procedure whereby, pursuant to the In- ans and Indian tribes on Indian lands line. dian Self-Determination and Education under the National Labor Relations AMENDMENT NO. 115 Assistance Act, Indian tribes admin- Act. At the request of Mr. COONS, the ister Federal programs for Indians. S. 265 names of the Senator from Washington Tribal administration of these pro- At the request of Mr. SCOTT, the (Mrs. MURRAY) and the Senator from grams promotes local control and deci- names of the Senator from Indiana Vermont (Mr. SANDERS) were added as sion-making for these important pro- (Mr. COATS), the Senator from Okla- cosponsors of amendment No. 115 pro- grams that affect the local tribal com- homa (Mr. INHOFE) and the Senator posed to S. 1, a bill to approve the Key- munity. from Kentucky (Mr. MCCONNELL) were stone XL Pipeline. Tribal administration through these added as cosponsors of S. 265, a bill to processes also serves to reduce Federal AMENDMENT NO. 120 expand opportunity through greater bureaucracy. This legislation promotes At the request of Mr. CARPER, the choice in education, and for other pur- accountability by maintaining require- name of the Senator from Michigan poses. ments that Indian tribes must dem- (Ms. STABENOW) was added as a cospon- S. 269 onstrate a higher level of responsible sor of amendment No. 120 proposed to At the request of Mr. KIRK, the governance and administration. Good S. 1, a bill to approve the Keystone XL names of the Senator from Delaware governance is vital for continuing this Pipeline. (Mr. COONS), the Senator from South policy. Dakota (Mr. ROUNDS), the Senator from AMENDMENT NO. 124 The act gives authority to the Secre- Oklahoma (Mr. INHOFE), the Senator At the request of Mr. CARDIN, the taries of the Interior and Health and from Utah (Mr. HATCH), the Senator name of the Senator from Washington Human Services to enter into 638 con- from Kansas (Mr. ROBERTS), the Sen- (Ms. CANTWELL) was added as a cospon- tracts and self-governance compacts ator from Montana (Mr. DAINES), the sor of amendment No. 124 proposed to with Indian tribes. Each 638 contact or Senator from Idaho (Mr. CRAPO), the S. 1, a bill to approve the Keystone XL self-governance compact identifies Senator from North Dakota (Mr. Pipeline. functions and activities to be carried HOEVEN), the Senator from West Vir- AMENDMENT NO. 132 out by the tribe, as well as any admin- ginia (Mrs. CAPITO), the Senator from At the request of Mr. DAINES, the istrative, reporting, or other require- Oklahoma (Mr. LANKFORD), the Senator names of the Senator from Idaho (Mr. ments that must be followed. from Georgia (Mr. ISAKSON), the Sen- CRAPO) and the Senator from Idaho Despite the increased flexibility in ator from Mississippi (Mr. WICKER), the (Mr. RISCH) were added as cosponsors of the tribal self-governance program, In- Senator from South Carolina (Mr. amendment No. 132 proposed to S. 1, a dian tribes have stated to Congress SCOTT), the Senator from Alaska (Ms. bill to approve the Keystone XL Pipe- that the Department of the Interior MURKOWSKI), the Senator from Utah line. has, for many years, resisted the ef- forts by tribes to carry out Interior (Mr. LEE), the Senator from Nebraska AMENDMENT NO. 148 (Mr. SASSE), the Senator from Maine programs. Without additional reforms, At the request of Mr. WHITEHOUSE, the success of the Indian Self-Deter- (Ms. COLLINS), the Senator from Iowa the name of the Senator from Delaware mination and Education Assistance (Mr. GRASSLEY) and the Senator from (Mr. COONS) was added as a cosponsor Act cannot reach its full potential. South Dakota (Mr. THUNE) were added of amendment No. 148 proposed to S. 1, The bill intends to clarify and expand as cosponsors of S. 269, a bill to expand a bill to approve the Keystone XL Pipe- the provisions of the Indian Self-Deter- sanctions imposed with respect to Iran line. mination and Education Assistance and to impose additional sanctions f Act. This legislation will give tribes a with respect to Iran, and for other pur- better opportunity to advance the pol- poses. STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS icy of tribal self-governance by author- S. RES. 35 izing the Secretary of the Interior to At the request of Ms. MIKULSKI, the By Mr. BARRASSO (for himself, select up to 50 new Indian tribes to par- names of the Senator from Connecticut Mr. TESTER, and Ms. MUR- ticipate in the tribal self-governance (Mr. MURPHY) and the Senator from KOWSKI): program. In addition, the bill clarifies Wisconsin (Ms. BALDWIN) were added as S. 286. A bill to amend the Indian that provisions of water settlements cosponsors of S. Res. 35, a resolution Self-Determination and Education As- and their authorizing legislation will commemorating the 70th anniversary sistance Act to provide further self- not be affected by the self-governance of the liberation of the Auschwitz ex- governance by Indian tribes, and for amendments. Furthermore, nothing in termination camp in Nazi-occupied Po- other purposes; to the Committee on this will expand or limit programs eli- land. Indian Affairs. gible for self-governance compacts be- AMENDMENT NO. 15 Mr. BARRASSO. Mr. President, I rise yond those already authorized under At the request of Mr. INHOFE, his today to introduce legislation that current law. name was added as a cosponsor of would further advance the goals of In- This bipartisan bill is supported by amendment No. 15 proposed to S. 1, a dian self-governance and self-deter- Indian tribes across the country. I urge bill to approve the Keystone XL Pipe- mination. The legislation is entitled, my colleagues to support this legisla- line. the Department of the Interior Self- tion.

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.036 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S592 CONGRESSIONAL RECORD — SENATE January 28, 2015 By Mr. DURBIN (for himself, SEC. 2. FINDINGS; PURPOSES. (C) lead an integrated, systemwide ap- Mrs. FEINSTEIN, Mrs. GILLI- (a) FINDINGS.—Congress finds that— proach to food safety and to make more ef- (1) the safety of the food supply of the BRAND, and Mr. BLUMENTHAL): fective and efficient use of resources to pre- United States is vital to the public health, to vent foodborne illness; S. 287. A bill to establish the Food public confidence in the food supply, and to Safety Administration to protect the (D) provide a single focal point for food the success of the food sector of the Nation’s safety leadership, both nationally and inter- public health by preventing foodborne economy; nationally; and illness, ensuring the safety of food, im- (2) lapses in the protection of the food sup- (E) provide an integrated food safety re- proving research on contaminants lead- ply and loss of public confidence in food safe- search capability, utilizing internally-gen- ing to foodborne illness, and improving ty are damaging to consumers and the food erated, scientifically and statistically valid security of food from international industry, and place a burden on interstate studies, in cooperation with academic insti- commerce; tutions and other scientific entities of the contamination, and for other purposes; (3) the safety and security of the food sup- to the Committee on Agriculture, Nu- Federal and State governments, to achieve ply requires an integrated, systemwide ap- the continuous improvement of research on trition, and Forestry. proach to preventing foodborne illness, a foodborne illness and contaminants; Mr. DURBIN. Mr. President, I ask thorough and broad-based approach to basic (2) to transfer to the Food Safety Adminis- and applied research, and intensive, effec- unanimous consent that the text of the tration the food safety, labeling, inspection, tive, and efficient management of the Na- bill be printed in the RECORD. and enforcement functions that, as of the tion’s food safety program; There being no objection, the text of day before the effective date of this Act, are (4) the task of preserving the safety of the the bill was ordered to be printed in performed by other Federal agencies; and food supply of the United States faces tre- the RECORD, as follows: (3) to modernize and strengthen the Fed- mendous pressures with regard to— S. 287 (A) emerging pathogens and other con- eral food safety laws to achieve more effec- Be it enacted by the Senate and House of Rep- taminants and the ability to detect all forms tive application and efficient management of resentatives of the United States of America in of contamination; the laws for the protection and improvement Congress assembled, (B) an aging and immune-compromised of public health. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. population, with a growing number of people SEC. 3. DEFINITIONS. (a) SHORT TITLE.—This Act may be cited as at high risk for foodborne illnesses, includ- In this Act: the ‘‘Safe Food Act of 2015’’. ing infants and children; (1) ADMINISTRATION.—The term ‘‘Adminis- (b) TABLE OF CONTENTS.—The table of con- (C) a concern regarding food fraud for eco- tents of this Act is as follows: nomic gain, especially with mislabeling and tration’’ means the Food Safety Administra- tion established under section 101(a)(1). Sec. 1. Short title; table of contents. intentionally misleading claims; (2) ADMINISTRATOR.—The term ‘‘Adminis- Sec. 2. Findings; purposes. (D) an increasing volume of imported food, trator’’ means the Administrator of Food Sec. 3. Definitions. without adequate monitoring and inspection; and Safety appointed under section 101(a)(3). TITLE I—ESTABLISHMENT OF FOOD (E) maintenance of rigorous inspection of (3) ADULTERATED.— SAFETY ADMINISTRATION the domestic food processing and food serv- (A) IN GENERAL.—The term ‘‘adulterated’’ Sec. 101. Establishment of food safety ad- ice industries; has the meaning given such term in— ministration. (5) Federal food safety standard setting, in- (i) section 402 of the Federal Food, Drug, Sec. 102. Consolidation of separate food safe- spection, enforcement, and research efforts and Cosmetic Act (21 U.S.C. 342) for food reg- ty and inspection services and should be based on the best available science ulated under such Act; agencies. and public health considerations and food (ii) section 1(m) of the Federal Meat In- Sec. 103. Additional duties of the adminis- safety resources should be systematically de- spection Act (21 U.S.C. 601(m)) for food regu- tration. ployed in ways that most effectively prevent lated under such Act; TITLE II—ADMINISTRATION OF FOOD foodborne illness; (iii) section 4(g) of the Poultry Products SAFETY PROGRAM (6) the Federal food safety system is frag- Inspection Act (21 U.S.C. 453(g)) for food reg- Sec. 201. Administration of national pro- mented, with at least 15 Federal agencies ulated under such Act; and gram. sharing responsibility for food safety, and (iv) section 4(a) of the Egg Products In- Sec. 202. Registration of food facilities. operates under laws that do not reflect cur- spection Act (21 U.S.C. 1033(a)) for food regu- Sec. 203. Preventive process controls to re- rent conditions in the food system or current lated under such Act. duce adulteration of food. scientific knowledge about the cause and (B) INCLUSION.—In applying the definitions Sec. 204. Performance standards for con- prevention of foodborne illness; cited in subparagraph (A), poisonous or dele- taminants in food. (7) the fragmented Federal food safety sys- terious substances in food shall be treated as Sec. 205. Inspections of food facilities. tem and outdated laws preclude an inte- an added substance if the poisonous or dele- Sec. 206. Food production establishments. grated, systemwide approach to preventing terious substances are known to cause seri- Sec. 207. Federal and State cooperation. foodborne illness, to the effective and effi- ous illness or death in persons, including in Sec. 208. Foreign supplier verification pro- cient operation of the Nation’s food safety sensitive populations. gram. program, and to the most beneficial deploy- (4) AGENCY.—The term ‘‘agency’’ has the Sec. 209. Imports. ment of food safety resources; meaning given that term in section 551 of Sec. 210. Traceback. (8) the National Academy of Sciences rec- title 5, United States Code. Sec. 211. Food safety technology. ommended in the report ‘‘Ensuring Safe (5) CATEGORY 1 FOOD FACILITY.—The term TITLE III—RESEARCH AND EDUCATION Food from Production to Consumption’’ that ‘‘category 1 food facility’’ means a facility Sec. 301. Public health assessment system. Congress establish by statute a unified and that slaughters animals for food. Sec. 302. Public education and advisory sys- central framework for managing Federal (6) CATEGORY 2 FOOD FACILITY.—The term tem. food safety programs, and recommended ‘‘category 2 food facility’’ means a facility Sec. 303. Research. modifying Federal statutes so that inspec- that processes— TITLE IV—ENFORCEMENT tion, enforcement, and research efforts are (A) raw meat, poultry, or seafood in a man- Sec. 401. Prohibited acts. based on scientifically supportable assess- ner that may reduce but is not validated to Sec. 402. Mandatory recall authority. ments of risks to public health; and destroy contaminants; or Sec. 403. Injunction proceedings. (9) the lack of a single focal point for food (B) other products that the Administrator Sec. 404. Civil and criminal penalties. safety leadership in the United States under- determines by regulation to be at high risk Sec. 405. Presumption. cuts the ability of the United States to exert of contamination. Sec. 406. Whistleblower protection. food safety leadership internationally, which (7) CATEGORY 3 FOOD FACILITY.—The term Sec. 407. Administration and enforcement. is detrimental to the public health and the ‘‘category 3 food facility’’ means a facility— Sec. 408. Citizen civil actions. international trade interests of the United (A) that processes meat, poultry, or sea- TITLE V—IMPLEMENTATION States. food, or other products that the Adminis- trator determines by regulation to be at high Sec. 501. Definition. (b) PURPOSES.—The purposes of this Act Sec. 502. Reorganization plan. are— risk of contamination; and Sec. 503. Transitional authorities. (1) to establish a single agency to be (B) whose processes include one or more Sec. 504. Savings provisions. known as the ‘‘Food Safety Administration’’ steps validated to destroy contaminants. Sec. 505. Conforming amendments. to— (8) CATEGORY 4 FOOD FACILITY.—The term Sec. 506. Additional technical and con- (A) regulate food safety and related label- ‘‘category 4 food facility’’ means a facility forming amendments. ing to strengthen the protection of the pub- that processes food but is not a category 1, 2, Sec. 507. Regulations. lic health; or 3 food facility. Sec. 508. Authorization of appropriations. (B) ensure that food facilities fulfill their (9) CATEGORY 5 FOOD FACILITY.—The term Sec. 509. Limitation on authorization of ap- responsibility to produce food in a manner ‘‘category 5 food facility’’ means a facility propriations. that protects the public health of all people that stores, holds, or transports food prior to Sec. 510. Effective date. in the United States; delivery for retail sale.

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(10) CONTAMINANT.—The term ‘‘contami- (I) Public Law 85-765 (commonly known as resources to achieve the greatest benefit in nant’’ includes biological, chemical, phys- the ‘‘Humane Methods of Slaughter Act of reducing foodborne illness; ical, or radiological hazards, natural toxins, 1958’’) (7 U.S.C. 1901 et seq.); (E) coordination of the Federal response to pesticides, drug residues, decomposition, (J) the provisions of this Act; and foodborne illness outbreaks with other Fed- parasites, allergens, and unapproved food or (K) such other provisions of law related to eral and State agencies; and color additives. and requiring food safety, labeling, inspec- (F) integration of Federal food safety ac- (11) CONTAMINATION.—The term ‘‘contami- tion, and enforcement as the President des- tivities with State and local agencies. nation’’ refers to a presence of a contami- ignates by Executive order as appropriate to SEC. 102. CONSOLIDATION OF SEPARATE FOOD nant in food, which may occur naturally or include within the jurisdiction of the Admin- SAFETY AND INSPECTION SERVICES be introduced into a food. istration. AND AGENCIES. (12) FEED FACILITY.—The term ‘‘feed facil- (17) INTERSTATE COMMERCE.—The term (a) TRANSFER OF FUNCTIONS.—For each ity’’ means a domestic or foreign feed manu- ‘‘interstate commerce’’ has the meaning Federal agency specified in subsection (b), facturer, processor, packer, warehouse, or given that term in section 201(b) of the Fed- there are transferred to the Administration other facility that— eral Food, Drug, and Cosmetic Act (21 U.S.C. all functions that the head of the Federal (A) if operating in the United States, man- 321(b)). agency exercised on the day before the effec- ufactures, slaughters, processes, or holds (18) MISBRANDED.—The term ‘‘misbranded’’ tive date of this Act (including all related animal feed or feed ingredients; or has the meaning given to it in— functions of any officer or employee of the (B) if operating elsewhere, manufactures, (A) section 403 of the Federal Food, Drug, Federal agency) that relate to administra- slaughters, processes, or holds animal feed or and Cosmetic Act (21 U.S.C. 343) for food reg- tion or enforcement of the food safety law, feed ingredients intended for consumption in ulated under such Act; as determined by the President. the United States. (B) section 1(n) of the Federal Meat Inspec- (b) TRANSFERRED AGENCIES.—The Federal (13) FOOD.— tion Act (21 U.S.C. 601(n)) for food regulated agencies referred to in subsection (a) are— (A) IN GENERAL.—The term ‘‘food’’ means a under such Act; (1) the Food Safety and Inspection Service product intended to be used for food or drink (C) section 4(h) of the Poultry Products In- of the Department of Agriculture; for a human or an animal. spection Act (21 U.S.C. 453(h)) for food regu- (2) the Center for Food Safety and Applied (B) INCLUSIONS.—The term ‘‘food’’ includes lated under such Act; and Nutrition of the Food and Drug Administra- any product (including a meat food product, (D) section 4(l) of the Egg Products Inspec- tion; as defined in section 1(j) of the Federal Meat tion Act (21 U.S.C. 1033(l)) for food regulated (3) the part of the Agriculture Marketing Inspection Act (21 U.S.C. 601(j))), capable for under such Act. Service that administers shell egg surveil- use as human and animal food that is made (19) PROCESS.—The term ‘‘process’’ or lance services established under the Egg in whole or in part from any animal, includ- ‘‘processing’’ means the commercial slaugh- Products Inspection Act (21 U.S.C. 1031 et ing cattle, sheep, swine, goat, or poultry (as ter, packing, preparation, or manufacture of seq.); defined in section 4 of the Poultry Products food. (4) the resources and facilities of the Office Inspection Act (21 U.S.C. 453)), and animal (20) SAFE.—The term ‘‘safe’’ refers to of Regulatory Affairs of the Food and Drug feed. human and animal health. Administration that administer and conduct (14) FOOD FACILITY.— (21) STATE.—The term ‘‘State’’ means— inspections of food and feed facilities and im- (A) IN GENERAL.—The term ‘‘food facility’’ (A) a State; ports; means a domestic or foreign food manufac- (B) the District of Columbia; (5) the Center for Veterinary Medicine of turer, slaughterhouse, processor, packer, (C) the Commonwealth of Puerto Rico; and the Food and Drug Administration; warehouse, or other facility that— (D) any other territory or possession of the (6) the resources and facilities of the Office (i) if operating in the United States, manu- United States. of the Commissioner of the Food and Drug factures, slaughters, processes, or holds food (22) VALIDATION.—The term ‘‘validation’’ Administration, known as the Office of Food or food ingredients; or means the act of obtaining evidence that the and Veterinary Medicine, that support— (ii) if operating outside the United States, process control measure or measures se- (A) the Center for Food Safety and Applied manufactures, slaughters, processes, or holds lected to control a contaminant in food is ca- Nutrition; food intended for consumption in the United pable of effectively and consistently control- (B) the Center for Veterinary Medicine; States. ling the contaminant. and (B) EXCLUSIONS.—For the purposes of reg- (23) STATISTICALLY VALID.—The term ‘‘sta- (C) the Office of Regulatory Affairs facili- istration, the term ‘‘food facility’’ does not tistically valid’’ means evaluated and con- ties and resources described in paragraph (4); include— ducted under standards set by the National (7) the part of the Research, Education, (i) a farm, restaurant, other retail food es- Institute of Standards and Technology. and Economics mission area of the Depart- tablishment, nonprofit food establishment in TITLE I—ESTABLISHMENT OF FOOD ment of Agriculture related to food and feed which food is prepared for or served directly SAFETY ADMINISTRATION safety; to the consumer; or SEC. 101. ESTABLISHMENT OF FOOD SAFETY AD- (8) the part of the National Marine Fish- (ii) a fishing vessel (other than a fishing MINISTRATION. eries Service of the National Oceanic and At- vessel engaged in processing, as that term is (a) ESTABLISHMENT.— mospheric Administration of the Depart- defined in section 123.3(k) of title 21, Code of (1) IN GENERAL.—There is established in the ment of Commerce that administers the sea- Federal Regulations). executive branch an agency to be known as food inspection program; (15) FOOD PRODUCTION ESTABLISHMENT.—The the ‘‘Food Safety Administration’’. (9) the part of the Animal and Plant In- term ‘‘food production establishment’’ (2) STATUS.—The Administration shall be spection Health Service of the Department of means any farm, ranch, orchard, vineyard, an independent establishment (as defined in Agriculture related to the management of aquaculture facility, or confined animal- section 104 of title 5, United States Code). animals going into the food supply; and feeding operation. (3) HEAD OF ADMINISTRATION.—The Admin- (10) such other offices, services, or agencies (16) FOOD SAFETY LAW.—The term ‘‘food istration shall be headed by the Adminis- as the President designates by Executive safety law’’ means— trator of Food Safety, who shall be ap- order to carry out this Act. (A) the provisions of the Federal Food, pointed by the President, by and with the ad- SEC. 103. ADDITIONAL DUTIES OF THE ADMINIS- Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) vice and consent of the Senate. TRATION. related to and requiring the safety, labeling, (b) DUTIES OF ADMINISTRATOR.—The Ad- (a) OFFICERS AND EMPLOYEES.—The Admin- and inspection of food, infant formulas, food ministrator shall— istrator may— additives, pesticide residues, and other sub- (1) administer and enforce the food safety (1) appoint officers and employees for the stances present in food under that Act; law; Administration in accordance with the pro- (B) the provisions of the Federal Food, (2) serve as a representative to inter- visions of title 5, United States Code, relat- Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) national food safety bodies and discussions; ing to appointment in the competitive serv- and of any other Act that are administered (3) promulgate regulations to ensure the ice; and by the Center for Veterinary Medicine of the security of the food supply from all forms of (2) fix the compensation of those officers Food and Drug Administration; contamination, including intentional con- and employees in accordance with chapter 51 (C) the Poultry Products Inspection Act (21 tamination; and and with subchapter III of chapter 53 of that U.S.C. 451 et seq.); (4) oversee— title, relating to classification and General (D) the Federal Meat Inspection Act (21 (A) implementation of Federal food safety Schedule pay rates. U.S.C. 601 et seq.); inspection, labeling, enforcement, and re- (b) EXPERTS AND CONSULTANTS.—The Ad- (E) the FDA Food Safety Modernization search efforts to protect the public health; ministrator may— Act (Public Law 111–353); (B) development of consistent and science- (1) procure the services of temporary or (F) the Egg Products Inspection Act (21 based standards for safe food; intermittent experts and consultants as au- U.S.C. 1031 et seq.); (C) coordination and prioritization of food thorized by section 3109 of title 5, United (G) the Sanitary Food Transportation Act safety research and education programs with States Code; and of 1990 (49 U.S.C. App. 2801 et seq.); other Federal agencies; (2) pay in connection with those services (H) chapter 57 of title 49, United States (D) prioritization of Federal food safety ef- the travel expenses of the experts and con- Code; forts and deployment of Federal food safety sultants, including transportation and per

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S594 CONGRESSIONAL RECORD — SENATE January 28, 2015 diem in lieu of subsistence while away from other Federal Government agencies, in order (1) ensure food facilities operate in a sani- the homes or regular places of business of to develop and implement a national surveil- tary manner so that food is not adulterated; the individuals, as authorized by section 5703 lance system to assess the health risks asso- (2) limit the presence of contaminants in of that title. ciated with the human consumption of food food; (c) BUREAUS, OFFICES, AND DIVISIONS.—The or to create surveillance data and studies; (3) meet the performance standards estab- Administrator may establish within the Ad- (8) partner with relevant agencies to iden- lished under section 204; ministration such bureaus, offices, and divi- tify and prevent terrorist threats to food; (4) ensure fully processed or ready-to-eat sions as the Administrator determines are (9) establish a process for providing a sin- foods are processed using reasonably avail- necessary to perform the duties of the Ad- gle point of contact to assist impacted con- able techniques and technologies to elimi- ministrator. sumers in navigating Federal, State, and nate contaminants; (d) ADVISORY COMMITTEES.— local agencies involved in responding to or (5) label food intended for final processing (1) IN GENERAL.—The Administrator shall monitoring a foodborne outbreak; outside commercial food facilities with in- establish advisory committees that consist (10) develop public education risk commu- structions for handling and preparation for of representatives of scientific expert bodies, nication and advisory programs; consumption that will destroy contami- academics, industry specialists, and con- (11) implement a basic and applied research nants; sumers. program to further the purposes of this Act; (6) require sampling and testing at a fre- (2) DUTIES.—The duties of an advisory com- and quency and in a manner sufficient to ensure mittee established under paragraph (1) may (12) coordinate and prioritize food safety that process controls are effective on an on- include developing recommendations with research and educational programs with going basis and that performance standards respect to the development of regulatory other agencies, including State or local are being met; and science and processes, research, communica- agencies. (7) provide for agency access to records tions, performance standards, and inspec- SEC. 202. REGISTRATION OF FOOD FACILITIES. kept by food facilities and submission of cop- tion. (a) IN GENERAL.—The Administrator shall ies of the records to the Administrator, as TITLE II—ADMINISTRATION OF FOOD require that all food and feed facilities reg- the Administrator determines appropriate. SAFETY PROGRAM ister before the facility can operate in the (b) PROCESSING CONTROLS.—The Adminis- SEC. 201. ADMINISTRATION OF NATIONAL PRO- United States or import food, feed, or ingre- trator may require any person with responsi- GRAM. dients into the United States. bility for or control over food or food ingre- (a) IN GENERAL.—The Administrator (b) REGISTRATION REQUIREMENTS.— dients to adopt process controls, if the proc- shall— (1) IN GENERAL.—To be registered under ess controls are needed to ensure the protec- (1) administer a national food safety pro- subsection (a)— tion of the public health. gram (referred to in this section as the ‘‘pro- (A) all food facilities covered under this Act shall comply with registration require- SEC. 204. PERFORMANCE STANDARDS FOR CON- gram’’) to protect public health; and TAMINANTS IN FOOD. (2) ensure that persons who produce or ments in section 415 of the Federal Food, (a) PERFORMANCE STANDARDS.—Whenever process food meet their responsibility to pre- Drug, and Cosmetic Act (21 U.S.C. 350d); the Administrator determines that a vent or minimize food safety hazards related (B) for food facilities that have not reg- foodborne contaminant presents the risk of to their products. istered under such section 415 prior to the serious adverse health consequences or death (b) COMPREHENSIVE ANALYSIS.—The pro- date of enactment of this Act, the require- to consumers, causes food to be adulterated, gram shall be based on a comprehensive ment in subparagraph (A) applies beginning or could promote the spread of commu- analysis of the hazards associated with dif- on the day that is 180 days after the date of nicable disease described in section 361 of the ferent food and with the processing of dif- enactment of this Act; and Public Health Service Act (42 U.S.C. 264), the ferent food, including the identification and (C) for food facilities that have registered Administrator shall issue a performance evaluation of— under such section 415 prior to the date of standard (in the form of guidance, action lev- (1) the severity of the health risks; enactment of this Act, such facilities shall els, or regulations) to prevent or control the (2) the sources and specific points of poten- file an amended registration within 180 days contaminant. tial contamination extending from the farm of such date of enactment to deliver the in- (b) ENFORCEMENT.— or ranch to the consumer that may render formation required by paragraph (2). (1) IN GENERAL.—Not later than 1 year after food unsafe; (2) CATEGORIES.—In addition to the infor- the promulgation of a performance standard (3) the potential for persistence, mul- mation required under section 415 of the Fed- under this section, the Administrator shall tiplication, or concentration of naturally oc- eral Food, Drug, and Cosmetic Act (21 U.S.C. implement a statistically significant sam- curring or added contaminants in food; 350d) to be included in registration, a food fa- pling program to determine whether food fa- (4) opportunities across the food produc- cility shall— cilities are complying with the standards tion, processing, distribution, and retail sys- (A) list the facility’s primary purpose and promulgated under this section. tem to manage and reduce potential health business activity, including the dates of op- (2) ACTIONS.—If the Administrator deter- risks; and eration if the food facility is operating sea- mines that a food facility fails to meet a (5) opportunities for intentional contami- sonally; and standard promulgated under this section, nation. (B) list the types of food handled at the fa- and such facility fails to take appropriate (c) PROGRAM ELEMENTS.—In carrying out cility and identify the activities conducted corrective action as determined by the Ad- the program, the Administrator shall— in the facility, that are relevant to deter- ministrator, the Administrator shall, as ap- (1) adopt and implement a national system mining whether the facility is a category 1, propriate— for the registration of food facilities and reg- 2, 3, 4, or 5 facility. (A) detain, seize, or condemn food from the ular unannounced inspection of food facili- (3) PROCEDURE.—Upon receipt of a com- food facility under section 209(i); ties; pleted or amended registration described in (B) order a recall of food from the food fa- (2) verify and enforce the adoption of pre- paragraph (1), the Administrator shall notify cility under section 402; ventive process controls in food facilities, the registrant of the receipt of the registra- (C) increase the inspection frequency for based on the best available scientific and tion, review the activities identified in the the food facility; public health considerations and best avail- registration, designate the facility as a cat- (D) withdraw the mark of inspection from able technologies; egory 1, 2, 3, 4, or 5 food facility for the pur- the food facility, if in use; or (3) establish and enforce science-based poses of inspection, and assign a registration (E) take other appropriate enforcement ac- standards for— number to each food facility. tion concerning the food facility, including (A) substances that may contaminate food; (4) LIST.—The Administrator— suspension of registration. and (A) shall compile and maintain an up-to- (c) NEWLY IDENTIFIED CONTAMINANTS.—Not- (B) safety and sanitation in the processing date list of food facilities that are registered withstanding any other provision of this sec- and handling of food; under this section, in accordance with sec- tion, the Administrator shall promulgate in- (4) implement a statistically valid sam- tion 415(a)(5) of the Federal Food, Drug, and terim performance standards for newly iden- pling program to ensure that industry pro- Cosmetic Act (21 U.S.C. 350d(a)(5)); and tified contaminants as necessary to protect grams and procedures that prevent food con- (B) may establish regulations on how the the public health. tamination are effective on an ongoing basis list may be shared with other governmental (d) REVOCATION BY ADMINISTRATOR.—All and that food meets the performance stand- authorities. ards established under this Act; performance standards, tolerances, action SEC. 203. PREVENTIVE PROCESS CONTROLS TO levels, or other similar standards with re- (5) implement procedures and requirements REDUCE ADULTERATION OF FOOD. spect to food in effect on the date of enact- to ensure the safety and security of imported (a) IN GENERAL.—The Administrator shall food; review existing regulations on hazard anal- ment of this Act shall remain in effect until (6) coordinate with other agencies and ysis and process controls and amend existing revised or revoked by the Administrator. State or local governments in carrying out regulations as appropriate, upon the basis of SEC. 205. INSPECTIONS OF FOOD FACILITIES. inspection, enforcement, research, and moni- best available public health, scientific, and (a) IN GENERAL.—The Administrator shall toring; technological information, to ensure that establish an inspection program, which shall (7) access the surveillance data of the Cen- those regulations are working effectively include sampling and testing of food and food ters for Disease Control and Prevention, and to— facilities, to determine if each food facility—

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S595 (1) is operating in a sanitary manner; quencies under paragraphs (1) and (2), the (ii) has been inspected in accordance with (2) has continuous systems, interventions, Administrator shall consider— the inspection frequencies under this sec- and processes in place to minimize or elimi- (A) the nature of the foods being processed, tion. nate contaminants in food; stored, or transported; (B) REMOVAL OF OFFICIAL MARK.—The Ad- (3) uses validated process controls and on- (B) the manner in which foods are proc- ministrator shall promulgate regulations going verification; essed, stored, or transported; that provide for the removal of the official (4) is in compliance with applicable per- (C) the inherent likelihood that the foods mark under this subsection if— formance standards established under sec- will contribute to the risk of foodborne ill- (i) the Administrator makes a finding that tion 204, process control regulations, and ness; the facility is not in compliance with the other requirements; (D) the best available evidence concerning food safety law; or (5) is processing food that is safe and not reported illnesses associated with the foods (ii) the Administrator suspends the reg- adulterated or misbranded; produced in the proposed subcategory of fa- istration of the facility. (6) maintains records of process control cilities; and (2) CATEGORY 1, 2, OR 3 FOOD FACILITIES.—In plans under section 203, and other records re- (E) the overall record of compliance with the case of products manufactured, slaugh- lated to the processing, sampling, and han- the food safety law among facilities in the tered, processed, or held in a category 1, 2, or dling of food; and proposed subcategory, including compliance 3 food facility— (7) is in compliance with the requirements with applicable performance standards and (A) products subject to Federal Meat In- of the applicable food safety law. the frequency of recalls. spection Act (21 U.S.C. 601 et seq.), the Poul- (b) FACILITY CATEGORIES AND INSPECTION (4) The Administrator may adopt alter- try Products Inspection Act (21 U.S.C. 451 et FREQUENCIES.—Inspections of food facilities native inspection frequencies for increased seq.), the Egg Products Inspection Act (21 under this Act shall be based on the fol- or decreased inspection for a specific facil- U.S.C. 1031 et seq.), and the Federal Food, lowing categories and inspection frequencies, ity, subject to paragraphs (2) and (5), and Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) subject to subsections (c), (d), and (e): shall annually publish a list of facilities sub- as of the date of enactment of this Act, shall (1) CATEGORY 1 FOOD FACILITIES.—A cat- ject to alternative inspections. remain subject to the requirement under egory 1 food facility shall be subject to ante- (5) In adopting alternative inspection fre- those Acts that they bear the mark of in- mortem, postmortem, and continuous in- quencies for a specific facility, the Adminis- spection pending completion of the transi- spection of each slaughter line during all op- trator shall consider— tion process under subsection (e); erating hours, and other inspection on a (A) the supporting evidence that an indi- (B) the Administrator shall publicly cer- daily basis, sufficient to verify that— vidual food facility shall submit related to tify on a monthly basis that the inspection (A) diseased animals are not offered for whether an alternative inspection frequency frequencies required under this section have slaughter; should be established for such facility by the (B) the food facility has successfully iden- been achieved; and Administrator; (C) a product from an facility that has not tified and removed from the slaughter line (B) whether products from the specific fa- visibly defective or contaminated carcasses, been inspected in accordance with the re- cility have been associated with a case or an quired frequencies under this section shall has avoided cross-contamination, and de- outbreak of foodborne illness; stroyed or reprocessed contaminated car- not bear the official mark and shall not be (C) the record of the facility of compliance shipped in interstate commerce. casses in a manner acceptable to the Admin- with the food safety law, including compli- (3) CATEGORY 4 AND 5 FOOD FACILITIES.—In istrator; and ance with applicable performance standards the case of a product manufactured, slaugh- (C) that applicable performance standards and the frequency of recalls; and tered, processed, or held in a category 4 or 5 and other provisions of the food safety law, (D) the criteria in paragraph (3). food facility, the Administrator shall pro- including those intended to eliminate or re- (6) Before establishing decreased alter- vide by regulation for the voluntary use of duce pathogens, have been satisfied. native inspection frequencies for subcat- the official mark established under para- (2) CATEGORY 2 FOOD FACILITIES.—A cat- egories of facilities or individual facilities, graph (1), subject to— egory 2 food facility shall be randomly in- the Administrator shall— (A) such minimum inspection frequencies spected at least daily. (A) describe the alternative uses of re- as determined appropriate by the Adminis- (3) CATEGORY 3 FOOD FACILITIES.—A cat- sources in general terms when issuing the trator; egory 3 food facility shall— regulation or order that establishes the al- (A) provide documentation to the Adminis- ternative inspection frequency; and (B) compliance with applicable perform- trator on request that ongoing verification (B) determine, based on the best available ance standards and other provisions of the shows that its processes are controlled; and evidence, that the alternative uses of the re- food safety law; and (B) be randomly inspected at least month- sources required to carry out the inspection (C) such other requirements as the Admin- ly. activity would make a greater contribution istrator considers appropriate. (4) CATEGORY 4 FOOD FACILITIES.—A cat- to protecting the public health and reducing (g) MAINTENANCE AND INSPECTION OF egory 4 food facility shall be randomly in- the risk of foodborne illness. RECORDS.— spected at least quarterly. (e) INSPECTION TRANSITION.—The Adminis- (1) IN GENERAL.— (5) CATEGORY 5 FOOD FACILITIES.—A cat- trator shall manage the transition to the in- (A) RECORDS.—A food facility shall— egory 5 food facility shall be randomly in- spection system described in this Act as fol- (i) maintain such records as the Adminis- spected at least annually. lows: trator requires by regulation, including all (c) ESTABLISHMENT OF INSPECTION PROCE- (1) REGULATIONS.—The Administrator shall records relating to the processing, distrib- DURES.—The Administrator shall establish promulgate regulations to implement this uting, receipt, or importation of any food; procedures under which inspectors or safety section no later than 24 months after the officers inspect food facilities, which shall and date of enactment of this Act. allow the taking of random samples, photo- (ii) permit the Administrator, in addition (2) LIMIT ON REDUCTION IN INSPECTION FRE- graphs, and copies of records in food facili- to any authority of the food safety agencies ties. QUENCY.—For any food facility, the Adminis- in effect on the day before the date of enact- (d) ALTERNATIVE INSPECTION FRE- trator shall not reduce the inspection fre- ment of this Act, upon presentation of appro- QUENCIES.—With respect to a category 2, 3, 4, quency from the frequency required pursuant priate credentials and at reasonable times or 5 food facility, the Administrator may es- to the Federal Meat Inspection Act (21 U.S.C. and in a reasonable manner, to have access tablish alternative increased or decreased in- 601 et seq.), the Poultry Products Inspection to and copy all records maintained by or on spection frequencies for subcategories of Act (21 U.S.C. 451 et seq.), and the Federal behalf of such food facility representative in food facilities or for individual facilities, to Food, Drug, and Cosmetic Act (21 U.S.C. 301 any format (including paper or electronic) foster risk-based allocation of resources, et seq.) until the food facility has dem- and at any location, that are necessary to subject to the following criteria and proce- onstrated that sufficient changes in facili- assist the Administrator to determine dures: ties, procedures, personnel, or other aspects whether the food is contaminated or not in (1) Subcategories of food facilities and of the process control system have been compliance with the food safety law. their alternative inspection frequencies shall made such that the Administrator deter- (B) REQUIRED DISCLOSURE.—A food facility be defined by regulation, subject to para- mines that compliance with the food safety shall have an affirmative obligation to dis- graphs (2) and (3). law is achieved. close to the Administrator the results of (2) Alternative inspection frequencies for (f) OFFICIAL MARK.— testing or sampling of food, equipment, or subcategories of food facilities under para- (1) IN GENERAL.— material in contact with food, that is posi- graph (1) and for a specific food facility (A) ESTABLISHMENT.—Before the comple- tive for any contaminant. under paragraph (4) shall provide that— tion of the transition process under sub- (2) MAINTENANCE OF RECORDS.—The records (A) category 2 food facilities shall be in- section (e), the Administrator shall by regu- required by paragraph (1) shall be main- spected at least monthly; and lation establish an official mark that can be tained for a reasonable period of time, as de- (B) category 3 and 4 food facilities shall be affixed to a food produced in a category 1, 2, termined by the Administrator. inspected at least annually. or 3 food facility if— (3) REQUIREMENTS.—The records required (3) In defining subcategories of food facili- (i) the facility is in compliance with the by paragraph (1) shall include records de- ties and their alternative inspection fre- food safety law; and scribing—

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(A) the origin, receipt, delivery, sale, (c) ASSISTANCE.—To assist in planning, de- that eligible entities or foods certified by movement, holding, and disposition of food veloping, and implementing a food safety such government (or agency) meet the re- or ingredients; program, the Administrator may provide to quirements of the food safety law. (B) the identity and quantity of ingredi- a State— (c) REQUEST BY FOREIGN GOVERNMENT.— ents used in the food; (1) advisory assistance; Prior to granting accreditation to a foreign (C) the processing of the food; (2) technical and laboratory assistance and government under this section, the Adminis- (D) the results of laboratory, sanitation, or training (including necessary materials and trator shall review and audit the food safety other tests performed on the food or in the equipment); and program of the requesting foreign govern- food facility; (3) financial assistance, in kind, and other ment and certify that such program (includ- (E) consumer complaints concerning the aid. ing all statutes, regulations, and inspection food or packaging of the food; (d) SERVICE AGREEMENTS.— authority) meets the standard specified in (F) the production codes, open date codes, (1) IN GENERAL.—The Administrator may, subsection (b). and locations of food production; and under agreements entered into with Federal, (d) LIMITATIONS.—Any accreditation of a (G) other matters reasonably related to State, or local agencies, use on a reimburs- foreign government under this section whether food is unsafe, is adulterated or mis- able basis or otherwise, the personnel and shall— branded, or otherwise fails to meet the re- services of those agencies in carrying out (1) specify the foods covered by the accred- quirements of this Act. this Act. itation; and (h) PROTECTION OF SENSITIVE INFORMA- (2) TRAINING.—Agreements with a State (2) be limited to a period not to exceed 5 TION.— under this subsection may provide for train- years. (1) IN GENERAL.—The Administrator shall ing of State employees. (e) WITHDRAWAL OF ACCREDITATION.—The develop and maintain procedures to prevent (3) MAINTENANCE OF AGREEMENTS.—The Ad- Administrator may withdraw accreditation the unauthorized disclosure of any trade se- ministrator shall maintain any agreement fully or partially from a foreign government cret or confidential information obtained by that is in effect on the day before the date of if the Administrator finds that— the Administrator. enactment of this Act until the Adminis- (1) food covered by the accreditation is (2) LIMITATION.—The requirement under trator evaluates such agreement and deter- linked to an outbreak of human illness; this subsection does not— mines whether to maintain or substitute (2) the programs or procedures of the for- (A) limit the authority of the Adminis- such agreement. eign government no longer meet the stand- trator to inspect or copy records or to re- (e) AUDITS.— ards of the food safety programs and proce- quire the facility or maintenance of records (1) IN GENERAL.—The Administrator shall dures of the United States; or under this Act; annually conduct a comprehensive review of (3) the foreign government refuses to allow (B) have any legal effect on section 1905 of each State program that provides services to United States officials to conduct such au- title 18, United States Code; the Administrator in carrying out the re- dits and investigations as may be necessary (C) extend to any food recipe, financial sponsibilities under this Act, including man- to fulfill the requirements under this sec- data, pricing data, personnel data, or sales dated inspections under section 205. tion. (f) RENEWAL OF ACCREDITATION.—The Ad- data (other than shipment dates relating to (2) REQUIREMENTS.—The review shall— sales); (A) include a determination of the effec- ministrator shall audit foreign governments (D) limit the public disclosure of distribu- tiveness of the State program; and accredited under this section at least every 5 tion records or other records related to food (B) identify any changes necessary to en- years to ensure the continued compliance by subject to a voluntary or mandatory recall sure enforcement of Federal requirements such governments with the standard set under section 402; or under this Act. forth in subsection (b). (g) REQUIRED ROUTINE INSPECTION.—The (E) limit the authority of the Adminis- (f) NO FEDERAL PREEMPTION.—Nothing in Administrator shall routinely inspect food or trator to promulgate regulations to permit this Act shall be construed to preempt the food animals by physical examination before the sharing of data with other governmental enforcement of State food safety laws and the food or food animals enter the United authorities. standards that are at least as stringent as States to ensure that the food or food ani- (i) BRIBERY OF OR GIFTS TO INSPECTOR OR those under this Act. mals— OTHER OFFICERS AND ACCEPTANCE OF GIFTS.— SEC. 208. FOREIGN SUPPLIER VERIFICATION (1) are safe; Section 22 of the Federal Meat Inspection PROGRAM. (2) are labeled as required for food pro- Act (21 U.S.C. 622) shall apply under this Act. (a) IN GENERAL.—The Administrator shall duced in the United States; and SEC. 206. FOOD PRODUCTION ESTABLISHMENTS. require that each importer of products from (3) otherwise meet the requirements of the a feed facility, food facility, or food producer In carrying out the duties of the Adminis- food safety law. trator and the purposes of this Act, the Ad- establishment be in compliance with the for- (h) ENFORCEMENT.—The Administrator ministrator shall have the authority, with eign supplier verification program require- may— respect to food production establishments, ments under section 805 of the Federal Food, (1) deny importation of food from any to— Drug, and Cosmetic Act (21 U.S.C. 384a). country if the country’s government does (1) visit and inspect food production estab- (b) RULE OF CONSTRUCTION.—In applying not permit United States officials to enter lishments in the United States and in foreign subsection (a) with respect to products sub- the country to conduct such audits and in- countries for food safety purposes; ject to the Federal Meat Inspection Act (21 spections as may be necessary to fulfill the (2) review food safety records as needed to U.S.C. 601 et seq.), the Poultry Products In- requirements under this section; carry out traceback and for other food safety spection Act (21 U.S.C. 451 et seq.), or the (2) deny importation of food from any purposes; Egg Products Inspection Act (21 U.S.C. 1031 country or foreign facility that does not con- (3) set good practice standards to protect et seq.), references in section 805 of the Fed- sent to an investigation by the Adminis- the public and promote food safety; eral Food, Drug, and Cosmetic Act (21 U.S.C. trator when food from that country or for- (4) partner with appropriate agencies to 384a) to sections 402, 403(w), 418, and 419 of eign facility is linked to a foodborne illness monitor animals, plants, products, or the en- such Act (21 U.S.C. 342, 343(w), 350g, and 350h) outbreak or is otherwise found to be adulter- vironment, as appropriate; and shall be construed to be references to the ated or mislabeled; and (5) collect and maintain information rel- corresponding provisions of the food safety (3) promulgate regulations to carry out the evant to public health and farm practices. law, if any, that apply to such products, as purposes of this section, including setting SEC. 207. FEDERAL AND STATE COOPERATION. determined by the Administrator. terms and conditions for the destruction of (a) IN GENERAL.—The Administrator shall (c) REPEAL OF EXEMPTIONS.—Subsection (e) products that fail to meet the standards of work with the States to carry out activities of section 805 of the Federal Food, Drug, and the food safety law. and programs that create a national food Cosmetic Act (21 U.S.C. 384a) is hereby re- (i) DETENTION AND SEIZURE.—Any food im- safety program so that Federal and State pealed. ported for consumption in the United States programs function in a coordinated and cost- SEC. 209. IMPORTS. that fails to meet the standards of the food effective manner. (a) IN GENERAL.—Not later than 2 years safety law may be detained, seized, or con- (b) STATE ACTION.—The Administrator after the effective date of this Act, the Ad- demned. shall work with States to— ministrator shall establish a system under SEC. 210. TRACEBACK. (1) continue, strengthen, or establish State which a foreign government seeking to cer- (a) IN GENERAL.—The Administrator, in food safety programs, especially with respect tify food for importation into the United order to protect the public health, shall es- to the regulation of retail commercial food States shall submit a request for accredita- tablish requirements for a national system establishments, transportation, harvesting, tion to the Administrator. for tracing food, animals, or ingredients and fresh markets; (b) ACCREDITATION STANDARD.—A foreign from point of origin to retail sale, subject to (2) continue, strengthen, or establish in- government requesting to be accredited to subsection (b). spection programs and requirements to en- certify food for importation into the United (b) APPLICABILITY.—Traceability require- sure that food under the jurisdiction of the States shall demonstrate, in a manner deter- ments shall— State is safe; and mined appropriate by the Administrator, (1) be established in accordance with regu- (3) support recall authorities at the State that the foreign government (or an agency lations and guidelines issued by the Adminis- and local levels. thereof) is capable of adequately ensuring trator; and

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S597 (2) apply to food production establishments SEC. 302. PUBLIC EDUCATION AND ADVISORY (4) to refuse to permit access to a food fa- and food facilities. SYSTEM. cility for the inspection and copying of a SEC. 211. FOOD SAFETY TECHNOLOGY. (a) PUBLIC EDUCATION.—The Administrator record as required under section 205(g); (a) IN GENERAL.—The Administrator shall shall— (5) to fail to establish or maintain any establish and implement a program, to be (1) in cooperation with private and public record or to make any report as required known as the Food Safety Technology Pro- organizations, including the cooperative ex- under section 205(g); gram, to foster innovation in food tech- tension services and building on the efforts (6) to refuse to permit entry to or inspec- nologies and foods that have the potential to of appropriate State and local entities, es- tion of a food facility as required under sec- improve food safety at the point of produc- tablish a national public education program tion 205; tion, processing, transport, storage, or final on food safety; and (7) to fail to provide to the Administrator preparation. (2) coordinate with other Federal depart- the results of a testing or sampling of a food, (b) PROGRAM DESCRIBED.—The program ments and agencies to integrate food safety equipment, or material in contact with con- under this section shall consist of technical messaging into all food-related agricultural, taminated food under section 205(g)(1)(B); guidance to and consultation with tech- nutrition, and health promotion programs. (8) to fail to comply with an applicable (b) HEALTH ADVISORIES.—The Adminis- nology developers to assist them in meeting provision of, or a regulation or order of the trator, in consultation with such other Fed- requirements for approval of technologies Administrator under, section 202, 204, or 208; eral departments and agencies as the Admin- and products described in subsection (a). istrator determines necessary, shall work (9) to slaughter an animal that is capable TITLE III—RESEARCH AND EDUCATION with the States and other appropriate enti- for use in whole or in part as human food at a food facility processing any such food for SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. ties— commerce, except in compliance with the (a) IN GENERAL.—The Administrator, act- (1) to develop and distribute regional and ing in coordination with the Director of the national advisories concerning food safety; food safety law; Centers for Disease Control and Prevention (2) to develop standardized formats for (10) to fail to comply with a recall or other and with the Research Education and Eco- written and broadcast advisories; order under section 402; or nomics mission area of the Department of (3) to incorporate State and local (11) to otherwise violate the food safety Agriculture, shall— advisories into the national public education law. (1) have access to the applicable data sys- program established under subsection (a); SEC. 402. MANDATORY RECALL AUTHORITY. tems of the Centers for Disease Control and and (a) VOLUNTARY PROCEDURES.—If the Ad- Prevention and to the databases made avail- (4) to present prompt, specific information ministrator determines that there is a rea- able by a State; regarding foods found to pose a threat to the sonable probability that an article of food (2) partner with relevant agencies to main- public health. (other than infant formula) is adulterated or tain or access an active surveillance system SEC. 303. RESEARCH. misbranded and the use of or exposure to of food and epidemiological evidence sub- (a) IN GENERAL.—The Administrator shall such article will cause serious adverse health mitted by States to the Centers for Disease conduct research to carry out this Act, in- consequences or death to humans or animals, Control and Prevention based on a represent- cluding studies to— the Administrator shall provide the owner, ative proportion of the population of the (1) improve sanitation and food safety operator, or agent in charge of the facility United States; practices in the processing of food; that created, caused, or was otherwise re- (3) assess the frequency and sources of (2) develop improved techniques to monitor sponsible for such food with an opportunity human illness in the United States associ- and inspect food; to cease distribution and recall such article. ated with the consumption of food; (3) develop efficient, rapid, and sensitive (b) PREHEARING ORDER TO CEASE DISTRIBU- (4) partner with relevant agencies to main- methods to detect contaminants in food; TION AND GIVE NOTICE.— tain or access a state-of-the-art partial or (4) determine the sources of contamination (1) IN GENERAL.—If the owner, operator, or full genome sequencing system and epide- of contaminated food; agent in charge of the facility refuses to or miological system dedicated to foodborne ill- (5) develop food consumption data; does not voluntarily cease distribution or re- ness identification, outbreaks, and contain- (6) identify ways that animal production call such article within the time and in the ment; and techniques could improve the safety of the manner prescribed by the Administrator (if (5) have access to the surveillance data cre- food supply; so prescribed), the Administrator may by ated via monitoring and statistical studies (7) draw upon research and educational order require, as the Administrator deems conducted as part of its own inspection. programs that exist at the State and local necessary, such person to— (b) PUBLIC HEALTH SAMPLING.— level; (A) immediately cease distribution of such (1) IN GENERAL.—Not later than 1 year after (8) determine the food safety education article; the effective date of this Act, the Adminis- needs of vulnerable populations, including (B) as applicable, immediately notify all trator shall establish guidelines for a sam- children less than 10 years of age, pregnant persons manufacturing, processing, packing, pling system under which the Administrator women, adults 65 years of age and older, and transporting, distributing, receiving, hold- shall take and analyze samples of food— individuals with compromised immune sys- ing, or importing and selling such article; (A) to assist the Administrator in carrying tems; and out this Act; and (9) utilize the partial or full genome se- (C) to which such article has been distrib- (B) to assess the nature, frequency of oc- quencing system and other processes to iden- uted, transported, or sold, immediately cease currence, and quantities of contaminants in tify and control pathogens; distribution of such article. food. (10) address common and emerging (2) REQUIRED ADDITIONAL INFORMATION.— (2) REQUIREMENTS.—The sampling system zoonotic diseases; (A) IN GENERAL.—If an article of food cov- described in paragraph (1) shall provide— (11) develop methods to reduce or destroy ered by a recall order issued under paragraph (A) statistically valid monitoring, includ- harmful pathogens before, during, and after (1)(B) has been distributed to a warehouse- ing market-based studies, on the nature, fre- processing; based, third-party logistics provider without quency of occurrence, and quantities of con- (12) analyze the incidence of antibiotic re- providing such provider sufficient informa- taminants in food available to consumers; sistance as it pertains to the food supply and tion to know or reasonably determine the and develop new methods to reduce infection by precise identity of the article of food covered (B) at the request of the Administrator, antibiotic resistant bacteria in humans and by a recall order that is in its possession, the such other information, including analysis of animals; and notice provided by the responsible party sub- monitoring and verification samples, as the (13) conduct other research that supports ject to the order issued under paragraph Administrator determines may be useful in the purposes of this Act. (1)(B) shall include such information as is assessing the occurrence of contaminants in (b) CONTRACT AUTHORITY.—The Adminis- necessary for the warehouse-based, third- food. trator may enter into contracts and agree- party logistics provider to identify the food. (c) ASSESSMENT OF HEALTH HAZARDS.— ments with any State, university, Federal (B) RULES OF CONSTRUCTION.—Nothing in Through the surveillance system referred to Government agency, or person to carry out this paragraph shall be construed— in subsection (a), the sampling system de- this section. (i) to exempt a warehouse-based, third- scribed in subsection (b), and other available TITLE IV—ENFORCEMENT party logistics provider from the require- data, the Administrator shall— SEC. 401. PROHIBITED ACTS. ments of food safety law; or (1) rank food categories based on the haz- It is prohibited— (ii) to exempt a warehouse-based, third- ard to human health presented by the food (1) to manufacture, introduce, deliver for party logistics provider from being the sub- category; introduction, or receive into interstate com- ject of a mandatory recall order. (2) identify appropriate industry and regu- merce any food that is adulterated, mis- (3) DETERMINATION TO LIMIT AREAS AF- latory approaches to minimize hazards in the branded, or otherwise unsafe; FECTED.—If the Administrator requires an food supply; and (2) to adulterate or misbrand any food in owner, operator, or agent in charge of the fa- (3) assess the public health environment interstate commerce; cility to cease distribution under paragraph for emerging diseases, including zoonosis, for (3) for a food facility or foreign food facil- (1)(A) of an article of food identified in sub- their risk of appearance in the United States ity to fail to register under section 202, or to section (a), the Administrator may limit the food supply. operate without a valid registration; size of the geographic area and the markets

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S598 CONGRESSIONAL RECORD — SENATE January 28, 2015 affected by such cessation if such limitation to recall under any other provision of the trator of not more than $10,000 for each such would not compromise the public health. food safety law or under the Public Health act. (c) HEARING ON ORDER.—The Administrator Service Act (42 U.S.C. 201 et seq.). (B) SEPARATE OFFENSE.—Each act de- shall provide the owner, operator, or agent (j) COORDINATED COMMUNICATION.— scribed in subparagraph (A) and each day in charge of the facility subject to an order (1) IN GENERAL.—To assist in carrying out during which that act continues shall be con- under subsection (b) with an opportunity for the requirements of this subsection, the Ad- sidered a separate offense. an informal hearing, to be held as soon as ministrator shall establish an incident com- (2) OTHER REQUIREMENTS.— possible, but not later than 2 days after the mand operation or a similar operation that (A) WRITTEN ORDER.—The civil penalty de- issuance of the order, on the actions required will operate not later than 24 hours after the scribed in paragraph (1) shall be assessed by by the order and on why the article that is initiation of a mandatory recall or the recall the Administrator by a written order, which the subject of the order should not be re- of an article of food for which the use of, or shall specify the amount of the penalty and called. exposure to, such article will cause serious the basis for the penalty under subparagraph (d) POST-HEARING RECALL ORDER AND MODI- adverse health consequences or death to hu- (B) considered by the Administrator. FICATION OF ORDER.— mans or animals. (B) AMOUNT OF PENALTY.—Subject to para- (1) AMENDMENT OF ORDER.—If, after pro- (2) REQUIREMENTS.—To reduce the poten- graph (1)(A), the amount of the civil penalty viding opportunity for an informal hearing tial for miscommunication during recalls or shall be determined by the Administrator, under subsection (c), the Administrator de- regarding investigations of a foodborne ill- after considering— termines that removal of the article from ness outbreak associated with a food that is (i) the gravity of the violation; commerce is necessary, the Administrator subject to a recall, each incident command (ii) the degree of culpability of the person; shall, as appropriate— operation or similar operation under para- (iii) the size and type of the business of the (A) amend the order to require recall of graph (1) shall use regular staff and re- person; and such article or other appropriate action; sources of the Administration to— (iv) any history of prior offenses by the (B) specify a timetable in which the recall (A) ensure timely and coordinated commu- person under the food safety law. shall occur; nication within the Administration, includ- (C) REVIEW OF ORDER.—The order may be (C) require periodic reports to the Admin- ing enhanced communication and coordina- reviewed only in accordance with subsection istrator describing the progress of the recall; tion between different agencies and organi- (c). and zations within the Administration; (b) CRIMINAL SANCTIONS.— (D) provide notice to consumers to whom (B) ensure timely and coordinated commu- (1) IN GENERAL.—Except as provided in such article was, or may have been, distrib- nication from the Administration, including paragraphs (2) and (3), a person that know- uted. public statements, throughout the duration ingly produces or introduces into commerce (2) VACATING OF ORDER.—If, after such of the investigation and related foodborne food that is unsafe or otherwise adulterated hearing, the Administrator determines that illness outbreak; or misbranded shall be imprisoned for not adequate grounds do not exist to continue (C) identify a single point of contact with- more than 1 year or fined not more than the actions required by the order, or that in the Administration for public inquiries re- $10,000, or both. such actions should be modified, the Admin- garding any actions by the Administrator re- (2) SEVERE VIOLATIONS.—A person that istrator shall vacate the order or modify the lated to a recall; commits a violation described in paragraph order. (D) coordinate with Federal, State, local, (1) after a conviction of that person under (e) RULE REGARDING ALCOHOLIC BEV- and tribal authorities, as appropriate, that this section has become final, or commits ERAGES.—The Administrator shall not ini- have responsibilities related to the recall of such a violation with the intent to defraud tiate a mandatory recall or take any other a food or a foodborne illness outbreak associ- or mislead, shall be imprisoned for not more action under this section with respect to any ated with a food that is subject to the recall, than 3 years or fined not more than $100,000, alcohol beverage until the Administrator has including notification of the Secretary of or both. provided the Alcohol and Tobacco Tax and Agriculture and the Secretary of Education (3) EXCEPTION.—No person shall be subject Trade Bureau with a reasonable opportunity in the event such recalled food is a com- to the penalties of this subsection— to cease distribution and recall such article modity intended for use in a child nutrition (A) for having received, proffered, or deliv- under the Alcohol and Tobacco Tax and program (as defined in section 25(b) of the ered in interstate commerce any food, if the Trade Bureau’s authority. Richard B. Russell National School Lunch receipt, proffer, or delivery was made in good (f) COOPERATION AND CONSULTATION.—The Act (42 U.S.C. 1769f(b))); and Administrator shall work with State and faith, unless that person refuses to furnish (E) conclude operations at such time as the (on request of an officer or employee des- local public health officials in carrying out Administrator determines appropriate. this section, as appropriate. ignated by the Administrator)— (3) MULTIPLE RECALLS.—The Administrator (g) PUBLIC NOTIFICATION.—In conducting a (i) the name, address, and contact informa- may establish multiple or concurrent inci- recall under this section, the Administrator tion of the person from whom that person dent command operations or similar oper- shall— purchased or received the food; ations in the event of multiple recalls or (1) ensure that a press release is published (ii) copies of all documents relating to the foodborne illness outbreaks. regarding the recall, as well as alerts and person from whom that person purchased or (4) FEES APPLICABLE TO ALL FACILITIES.— public notices, as appropriate, in order to received the food; and Fees described in section 743 of Federal Food, provide notification— (iii) copies of all documents pertaining to Drug, and Cosmetic Act (21 U.S.C. 379j–31) for (A) of the recall to consumers and retailers the delivery of the food to that person; or not complying with a recall order are appli- to whom such article was, or may have been, (B) if that person establishes a guaranty cable to all food facilities under this Act as distributed; and signed by, and containing the name and ad- if— (B) that includes, at a minimum— dress of, the person from whom that person (A) the term ‘‘responsible party’’ means (i) the name of the article of food subject received in good faith the food, stating that ‘‘owner, operator, or agent in charge of the to the recall; the food is not adulterated or misbranded facility’’; and (ii) a description of the risk associated within the meaning of this Act. (B) references to section 423 of the Federal with such article; and (c) JUDICIAL REVIEW.— Food, Drug, and Cosmetic Act (21 U.S.C. 350l) (iii) to the extent practicable, information (1) IN GENERAL.—An order assessing a civil are references to section 402 of this Act. for consumers about similar articles of food penalty under subsection (a) shall be a final that are not affected by the recall; SEC. 403. INJUNCTION PROCEEDINGS. order unless the person— (2) provide to the public a list of retail con- (a) JURISDICTION.—The district courts of (A) not later than 30 days after the effec- signees receiving products for which there is the United States, and the United States tive date of the order, files a petition for ju- determined to be a reasonable probability courts of the territories and possessions of dicial review of the order in the United that eating the food will cause serious ad- the United States, shall have jurisdiction, States court of appeals for the circuit in verse health consequences or death to hu- for cause shown, to restrain a violation of which that person resides or has its principal mans or animals; and section 202, 203, 204, 207, or 401 (or a regula- place of business or the United States Court (3) if available, publish on the Internet tion promulgated under that section). of Appeals for the District of Columbia; and website of the Administration an image of (b) TRIAL.—In a case in which violation of (B) simultaneously serves a copy of the pe- the article that is the subject of the press re- an injunction or restraining order issued tition by certified mail to the Adminis- lease described in paragraph (1). under this section also constitutes a viola- trator. (h) NO DELEGATION.—The authority con- tion of the food safety law, trial shall be by (2) FILING OF RECORD.—Not later than 45 ferred by this section to order a recall or va- the court or, upon demand of the accused, by days after the service of a copy of the peti- cate a recall order shall not be delegated to a jury. tion under paragraph (1)(B), the Adminis- any officer or employee other than the Ad- SEC. 404. CIVIL AND CRIMINAL PENALTIES. trator shall file in the court a certified copy ministrator. (a) CIVIL SANCTIONS.— of the administrative record upon which the (i) EFFECT.—Nothing in this section shall (1) CIVIL PENALTY.— order was issued. affect the authority of the Administrator to (A) IN GENERAL.—Any person that commits (3) STANDARD OF REVIEW.—The findings of request or participate in a voluntary recall, an act that violates the food safety law may the Administrator relating to the order shall or to issue an order to cease distribution or be assessed a civil penalty by the Adminis- be set aside only if found to be unsupported

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S599 by substantial evidence on the record as a trator may designate, may prosecute any in- (4) Specification of the proposed alloca- whole. quiry necessary to carry out the duties of tions within the Administration of unex- (d) COLLECTION ACTIONS FOR FAILURE TO the Administrator under the food safety law pended funds transferred in connection with PAY.— in any part of the United States. transfers under the plan. (1) IN GENERAL.—If any person fails to pay (2) POWERS.—The powers conferred by sec- (5) Specification of any proposed disposi- a civil penalty assessed under subsection (a) tions 9 and 10 of the Federal Trade Commis- tion of property, facilities, contracts, after the order assessing the penalty has be- sion Act (15 U.S.C. 49, 50) on the United records, and other assets and obligations of come a final order, or after the court of ap- States district courts may be exercised for agencies transferred under the plan. peals described in subsection (b) has entered the purposes of this chapter by any United (6) Specification of the proposed alloca- final judgment in favor of the Administrator, States district court of competent jurisdic- tions within the Administration of the func- the Administrator shall refer the matter to tion. tions of the agencies and subdivisions that the Attorney General, who shall institute in SEC. 408. CITIZEN CIVIL ACTIONS. are not related directly to ensuring the safe- a United States district court of competent (a) CIVIL ACTIONS.—A person may com- ty of food. jurisdiction a civil action to recover the mence a civil action against— (c) MODIFICATION OF PLAN.—The President amount assessed. (1) a person that violates a regulation (in- may, on the basis of consultations with the (2) LIMITATION ON REVIEW.—In a civil action cluding a regulation establishing a perform- appropriate congressional committees, mod- under paragraph (1), the validity and appro- ance standard), order, or other action of the ify or revise any part of the plan until that priateness of the order of the Administrator Administrator to ensure the safety of food; part of the plan becomes effective in accord- assessing the civil penalty shall not be sub- or ance with subsection (d). ject to judicial review. (2) the Administrator (in his or her capac- (d) EFFECTIVE DATE.— (e) PENALTIES PAID INTO ACCOUNT.—The ity as the Administrator), if the Adminis- (1) IN GENERAL.—The reorganization plan Administrator— trator fails to perform an act or duty to en- described in this section, including any (1) shall deposit penalties collected under sure the safety of food that is not discre- modifications or revisions of the plan under this section in an account in the Treasury; tionary under the food safety law. subsection (c), shall become effective for an and (b) COURT.— agency on the earlier of— (2) may use the funds in the account, with- (1) IN GENERAL.—The action shall be com- (A) the date specified in the plan (or the out further appropriation or fiscal year limi- menced in the United States district court plan as modified pursuant to subsection (c)), tation— for the district in which the defendant re- except that such date may not be earlier (A) to carry out enforcement activities sides, is found, or has an agent. than 90 days after the date the President has under food safety law; or (2) JURISDICTION.—The court shall have ju- transmitted the reorganization plan to the (B) to provide assistance to States to in- risdiction, without regard to the amount in appropriate congressional committees pursu- spect retail commercial food establishments controversy or the citizenship of the parties, ant to subsection (a); or or other food or firms under the jurisdiction to enforce a regulation (including a regula- (B) the end of the transition period. tion establishing a performance standard), of State food safety programs. (2) STATUTORY CONSTRUCTION.—Nothing in order, or other action of the Administrator, (f) DISCRETION OF THE ADMINISTRATOR TO this subsection may be construed to require or to order the Administrator to perform the PROSECUTE.—Nothing in this Act requires the transfer of functions, personnel, records, act or duty. the Administrator to report for prosecution, balances of appropriations, or other assets of (3) DAMAGES.—The court may— or for the commencement of an action, the an agency on a single date. (A) award damages, in the amount of dam- violation of the food safety law in a case in (3) SUPERCEDES EXISTING LAW.—Paragraph ages actually sustained; and which the Administrator finds that the pub- (1) shall apply notwithstanding section 905(b) (B) if the court determines it to be in the lic interest will be adequately served by the of title 5, United States Code. interest of justice, award the plaintiff the assessment of a civil penalty under this sec- SEC. 503. TRANSITIONAL AUTHORITIES. tion. costs of suit, including reasonable attorney’s (a) PROVISION OF ASSISTANCE BY OFFI- (g) REMEDIES NOT EXCLUSIVE.—The rem- fees, reasonable expert witness fees, and pen- CIALS.—Until the transfer of an agency to edies provided in this section may be in addi- alties. (c) REMEDIES NOT EXCLUSIVE.—The rem- the Administration, any official having au- tion to, and not exclusive of, other remedies edies provided for in this section shall be in thority over or function relating to the agen- that may be available. addition to, and not exclusive of, other rem- cy immediately before the effective date of SEC. 405. PRESUMPTION. edies that may be available. this Act shall provide the Administrator In any action to enforce the requirements TITLE V—IMPLEMENTATION such assistance, including the use of per- of the food safety law, the connection with SEC. 501. DEFINITION. sonnel and assets, as the Administrator may interstate commerce required for jurisdic- request in preparing for the transfer and in- tion shall be presumed to exist. For purposes of this title, the term ‘‘tran- sition period’’ means the 12-month period be- tegration of the agency to the Administra- SEC. 406. WHISTLEBLOWER PROTECTION. ginning on the effective date of this Act. tion. Section 1012 of the Federal Food, Drug, and SEC. 502. REORGANIZATION PLAN. (b) SERVICES AND PERSONNEL.—During the Cosmetic Act (21 U.S.C. 399d) shall apply (a) SUBMISSION OF PLAN.—Not later than transition period, upon the request of the with respect to any violation of, or any act 180 days after the effective date of this Act, Administrator, the head of any Executive or omission an employee reasonably believes the President shall transmit to the appro- agency may, on a reimbursable basis, provide to be a violation of, any provision of this Act priate congressional committees a reorga- services or detail personnel to assist with to the same extent and in the same manner nization plan regarding the following: the transition. as such section 1012 applies with respect to a (1) The transfer of agencies, personnel, as- (c) ACTING OFFICIALS.— violation of, or any act or omission an em- sets, and obligations to the Administration (1) IN GENERAL.—During the transition pe- ployee reasonably believes to be a violation pursuant to this Act. riod, pending the advice and consent of the of, any provision of the Federal Food, Drug, (2) Any consolidation, reorganization, or Senate to the appointment of an officer re- and Cosmetic Act (21 U.S.C. 301 et seq.). streamlining of agencies transferred to the quired by this Act to be appointed by and SEC. 407. ADMINISTRATION AND ENFORCEMENT. Administration pursuant to this Act. with such advice and consent, the President (a) IN GENERAL.—For the efficient adminis- (b) PLAN ELEMENTS.—The plan transmitted may designate any officer whose appoint- tration and enforcement of the food safety under subsection (a) shall contain, con- ment was required to be made by and with law, the provisions (including provisions re- sistent with this Act, such elements as the such advice and consent and who was such an lating to penalties) of sections 6, 8, 9, and 10 President determines appropriate, including officer immediately before the effective date of the Federal Trade Commission Act (15 the following: of this Act (and who continues to be in of- U.S.C. 46, 48, 49, and 50) (except subsections (1) Identification of any functions of agen- fice) or immediately before such designation, (c) through (h) of section 6 of that Act (15 cies designated to be transferred to the Ad- to act in such office until the same is filled U.S.C. 46)), relating to the jurisdiction, pow- ministration pursuant to this Act that will as provided in this Act. ers, and duties of the Federal Trade Commis- not be transferred to the Administration (2) COMPENSATION.—While acting pursuant sion and the Attorney General to administer under the plan. to paragraph (1), such officers shall receive and enforce that Act, and to the rights and (2) Specification of the steps to be taken by compensation at the higher of— duties of persons with respect to whom the the Administrator to organize the Adminis- (A) the rates provided by this Act for the powers are exercised, shall apply to the juris- tration, including the delegation or assign- respective offices in which they act; or diction, powers, and duties of the Adminis- ment of functions transferred to the Admin- (B) the rates provided for the offices held trator and the Attorney General in admin- istration among the officers of the Adminis- at the time of designation. istering and enforcing the provisions of the tration in order to permit the Administra- (3) LIMITATION.—Nothing in this Act shall food safety law and to the rights and duties tion to carry out the functions transferred be construed to require the advice and con- of persons with respect to whom the powers under the plan. sent of the Senate to the appointment by the are exercised, respectively. (3) Specification of the funds available to President to a position in the Administra- (b) INQUIRIES AND ACTIONS.— each agency that will be transferred to the tion of any officer whose agency is trans- (1) IN GENERAL.—The Administrator, in Administration as a result of transfers under ferred to the Administration pursuant to person or by such agents as the Adminis- the plan. this Act and whose duties following such

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S600 CONGRESSIONAL RECORD — SENATE January 28, 2015 transfer are germane to those performed be- SEC. 506. ADDITIONAL TECHNICAL AND CON- Third, it is too slow to resolve dis- fore such transfer. FORMING AMENDMENTS. putes. Right now, 145 cases, that is 32 (d) TRANSFER OF PERSONNEL, ASSETS, OBLI- Not later than 60 days after the submission of the reorganization plan under section 502, percent of the board’s caseload, have GATIONS, AND FUNCTION.— been pending for more than a year. (1) IN GENERAL.—Consistent with section the President shall prepare and submit pro- 1531 of title 31, United States Code, the per- posed legislation to Congress containing nec- Our bill provides three fixes. sonnel, assets, liabilities, contracts, prop- essary and appropriate technical and con- First, it ends partisan advocacy. A 6- erty, records, and unexpended balances of ap- forming amendments to any food safety law member board of 3 Republicans and 3 propriations, authorizations, allocations, to reflect the changes made by this Act. Democrats and a majority of 4 will re- and other funds that relate to the functions SEC. 507. REGULATIONS. quire both sides to find a middle transferred under subsection (a) from a Fed- The Administrator may promulgate such ground. eral agency shall be transferred to the Ad- regulations as the Administrator determines Second, it reins in the general coun- ministration. are necessary or appropriate to perform the duties of the Administrator. sel. Businesses and unions would be (2) UNEXPENDED FUNDS.—Unexpended funds able to challenge complaints filed by transferred under this subsection shall be SEC. 508. AUTHORIZATION OF APPROPRIATIONS. used by the Administration only for the pur- There are authorized to be appropriated the General Counsel in Federal district poses for which the funds were originally au- such sums as are necessary to carry out this court, and they will have greater trans- thorized and appropriated. Act. parency about the basis and legal rea- SEC. 504. SAVINGS PROVISIONS. SEC. 509. LIMITATION ON AUTHORIZATION OF AP- soning of charges brought by the Gen- PROPRIATIONS. (a) COMPLETED ADMINISTRATIVE ACTIONS.— eral Counsel. The enactment of this Act or the transfer of For the fiscal year that includes the effec- Third, it encourages timely decisions functions under this Act shall not affect any tive date of this Act, the amount authorized in two ways. First, either party in a to be appropriated to carry out this Act shall order, determination, rule, regulation, per- case before the board may appeal to a mit, personnel action, agreement, grant, not exceed— (1) the amount appropriated for that fiscal Federal Court of Appeals if the board contract, certificate, license, registration, fails to reach a decision in their case privilege, or other administrative action year for the Federal agencies identified in issued, made, granted, or otherwise in effect section 102(b) for the purpose of admin- within one year. or final with respect to that agency on the istering or enforcing the food safety law; or Second, funding for the entire NLRB day before the transfer date with respect to (2) the amount appropriated for those would be reduced by 20 percent if the the transferred functions. agencies for that purpose for the preceding board is not able to decide 90 percent of fiscal year, if, as of the effective date of this (b) PENDING PROCEEDINGS.—Subject to the its cases within one year over the first Act, appropriations for those agencies for authority of the Administrator under this 2-year period post-reform. Act— the fiscal year that includes the effective date have not yet been made. Our bill would offer these solutions (1) pending proceedings in an agency, in- without taking away rights or rem- cluding notices of proposed rulemaking, and SEC. 510. EFFECTIVE DATE. applications for licenses, permits, certifi- This Act and the amendments made by edies for any employee, business, or cates, grants, and financial assistance, shall this Act take effect on the date of enactment union. continue notwithstanding the enactment of of this Act. While the increasing partisanship at this Act or the transfer of the agency to the the board has occurred in Republican Administration, unless discontinued or By Mr. ALEXANDER (for him- administrations as well as Democrat modified under the same terms and condi- self, Mr. MCCONNELL, Mr. ENZI, administrations, it has reached a cli- tions and to the same extent that such dis- Mr. ISAKSON, Mr. RUBIO, and max in this administration. continuance could have occurred if such en- Mr. SCOTT): Three of President Obama’s recent actment or transfer had not occurred; and S. 288. A bill to amend the National nominees came to the board from a (2) orders issued in such proceedings, and Labor Relations Act to reform the Na- appeals from those orders, and payments major labor union’s leadership. tional Labor Relations Board, the Of- One labor law professor at a major made pursuant to such orders, shall be issued fice of the General Counsel, and the in the same manner on the same terms as if university recently said that she can’t this Act had not been enacted or the agency process for appellate review, and for even use the most recent textbook, in- had not been transferred, and any such order other purposes; to the Committee on stead she has to resort to handing out shall continue in effect until amended, modi- Health, Education, Labor, and Pen- NLRB decisions. The decisions are fied, superceded, terminated, set aside, or re- sions. coming out so rapidly and this NLRB is voked by an officer of the United States or a Mr. ALEXANDER. Mr. President, venturing into new territory with ef- court of competent jurisdiction, or by oper- today I am reintroducing the NLRB ation of law. forts at rulemaking. Reform Act with Senator MCCONNELL. This is no way to maintain a na- (c) PENDING CIVIL ACTIONS.—Subject to the Our legislation will change the Na- tional labor law policy. authority of the Administrator under this tional Labor Relations Board from an Act, any civil action commenced with regard advocate to an umpire. By Mr. DURBIN (for himself, Mr. to that agency pending before that agency The board was created 80 years ago to on the day before the transfer date with re- BROWN, Ms. KLOBUCHAR, Mrs. spect to the transferred functions shall con- act as an impartial umpire in labor dis- BOXER, Mr. MARKEY, Mr. tinue notwithstanding the enactment of this putes that threaten the free flow of CARDIN, Mr. FRANKEN, Mr. Act or the transfer of an agency to the Ad- commerce. CASEY, and Mr. SCHUMER): ministration. The board’s decisions affect about 85 S. 289. A bill to prioritize funding for (d) REFERENCES.— million private-sector workers and 5.7 an expanded and sustained national in- (1) IN GENERAL.—After the transfer of func- million private-sector employers. vestment in biomedical research; to tions from a Federal agency under this Act, But over time, the board has become any reference in any other Federal law, Ex- the Committee on the Budget. an advocate for one interest group over Mr. DURBIN. Mr. President, I ask ecutive order, rule, regulation, directive, the other—changing positions with document, or other material to that Federal unanimous consent that the text of the each new administration. agency or the head of that agency in connec- bill be printed in the RECORD. There are three significant problems tion with the administration or enforcement There being no objection, the text of of the food safety laws shall be deemed to be the board faces today: First, the biggest problem is partisan the bill was ordered to be printed in a reference to the Administration or the Ad- the RECORD, as follows: ministrator, respectively. advocacy. Today, the majority of the 5- S. 289 (2) STATUTORY REPORTING REQUIREMENTS.— member board is made up of appointees Statutory reporting requirements that ap- who follow the president’s political Be it enacted by the Senate and House of Rep- plied in relation to such an agency imme- leanings. President Obama has ap- resentatives of the United States of America in Congress assembled, diately before the effective date of this Act pointed 3 labor union lawyers to the shall continue to apply following such trans- board. SECTION 1. SHORT TITLE. fer if the reporting requirements refer to the This Act may be cited as the ‘‘American agency by name. Second, the board has a freewheeling Cures Act’’. advocate for a general counsel. The SEC. 505. CONFORMING AMENDMENTS. SEC. 2. CAP ADJUSTMENT. Section 5313 of title 5, United States Code, board’s most recent general counsels (a) IN GENERAL.—Section 251(b)(2) of the is amended by adding at the end the fol- have been exceeding their statutory Balanced Budget and Emergency Deficit lowing new item: authority and bringing questionable Control Act of 1985 (2 U.S.C. 901(b)(2)) is ‘‘Administrator of Food Safety.’’. cases that threaten American jobs. amended—

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.032 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S601 (1) by redesignating subparagraph (D) as ‘‘(IV) for fiscal year 2019, $112,189,000 in ad- (iv) of such section 251(b)(2)(D) in each of fis- subparagraph (E); and ditional new budget authority; cal years 2016 through 2021, and such sums as (2) by inserting after subparagraph (C), the ‘‘(V) for fiscal year 2020, $146,157,000 in addi- may be necessary for each subsequent fiscal following: tional new budget authority; and year. ‘‘(D) BIOMEDICAL RESEARCH.— ‘‘(VI) for fiscal year 2021, $184,027,000 in ad- (c) MINIMUM CONTINUED FUNDING REQUIRE- ‘‘(i) NATIONAL INSTITUTES OF HEALTH.—If a ditional new budget authority. MENT.—Amounts appropriated for each of the bill or joint resolution making appropria- ‘‘(v) DEFINITIONS.—As used in this subpara- programs and agencies described in section tions for a fiscal year is enacted that speci- graph: 251(b)(2)(D) of the Balanced Budget and fies amounts for the National Institutes of ‘‘(I) ADDITIONAL NEW BUDGET AUTHORITY.— Emergency Deficit Control Act of 1985 (as Health at the Department of Health and The term ‘additional new budget authority’ added by subsection (a)) for each of fiscal Human Services, then the adjustments for means— years 2016 through 2021, and each subsequent that fiscal year shall be the amount of addi- ‘‘(aa) with respect to the National Insti- fiscal year, shall not be less than the tional new budget authority provided in that tutes of Health, the amount provided for a amounts appropriated for such programs and Act for such programs for that fiscal year, fiscal year, in excess of the amount provided agencies for fiscal year 2015. but shall not exceed— in fiscal year 2015, in an appropriation Act (d) EXEMPTION OF CERTAIN APPROPRIATIONS ‘‘(I) for fiscal year 2016, $1,741,000,000 in ad- and specified to support the National Insti- FROM SEQUESTRATION.— ditional new budget authority; tutes of Health; (1) IN GENERAL.—Section 255(g)(1)(A) of the ‘‘(II) for fiscal year 2017, $3,422,000,000 in ad- ‘‘(bb) with respect to the Centers for Dis- Balanced Budget and Emergency Deficit ditional new budget authority; ease Control and Prevention, the amount Control Act (2 U.S.C. 905(g)(1)(A)) is amended ‘‘(III) for fiscal year 2018, $5,167,000,000 in provided for a fiscal year, in excess of the by inserting after ‘‘Advances to the Unem- additional new budget authority; amount provided in fiscal year 2015, in an ap- ployment Trust Fund and Other Funds (16– ‘‘(IV) for fiscal year 2019, $7,085,000,000 in propriation Act and specified to support the 0327–0–1–600).’’ the following: additional new budget authority; Centers for Disease Control and Prevention; ‘‘Appropriations under the American Cures ‘‘(V) for fiscal year 2020, $9,149,000,000 in ad- ‘‘(cc) with respect to the Department of Act.’’. ditional new budget authority; and Defense health program, the amount pro- (2) APPLICABILITY.—The amendment made ‘‘(VI) for fiscal year 2021, $11,435,000,000 in vided for a fiscal year, in excess of the by this section shall apply to any sequestra- additional new budget authority. amount provided in fiscal year 2015, in an ap- tion order issued under the Balanced Budget ‘‘(ii) CENTERS FOR DISEASE CONTROL AND propriation Act and specified to support the and Emergency Deficit Control Act of 1985 (2 PREVENTION.—If a bill or joint resolution Department of Defense health program; and U.S.C. 900 et seq.) on or after the date of en- making appropriations for a fiscal year is en- ‘‘(dd) with respect to the medical and pros- actment of this Act. acted that specifies amounts for the Centers thetics research program of the Department for Disease Control and Prevention at the of Veterans Affairs, the amount provided for By Mr. CORNYN (for himself, Mr. Department of Health and Human Services, a fiscal year, in excess of the amount pro- FLAKE, Mr. ROBERTS, Mr. then the adjustments for that fiscal year vided in fiscal year 2015, in an appropriation CRAPO, Mr. DAINES, Mr. HATCH, shall be the amount of additional new budget Act and specified to support the medical and authority provided in that Act for such pro- prosthetics research program of the Depart- Mr. ROUNDS, Mr. MORAN, Mr. grams for that fiscal year, but shall not ex- ment of Veterans Affairs. LANKFORD, Mr. ENZI, Mr. CRUZ, ceed— ‘‘(II) CENTERS FOR DISEASE CONTROL AND and Mrs. FISCHER): ‘‘(I) for fiscal year 2016, $716,000,000 in addi- PREVENTION.—The term ‘Centers for Disease S. 292. A bill to amend the Endan- tional new budget authority; Control and Prevention’ means the appro- gered Species Act of 1973 to require ‘‘(II) for fiscal year 2017, $1,287,000,000 in ad- priations accounts that support the various publication on the Internet of the basis ditional new budget authority; institutes, offices, and centers that make up for determinations that species are en- ‘‘(III) for fiscal year 2018, $1,503,000,000 in the Centers for Disease Control and Preven- additional new budget authority; tion. dangered species or threatened species, ‘‘(IV) for fiscal year 2019, $1,980,000,000 in ‘‘(III) DEPARTMENT OF DEFENSE HEALTH and for other purposes; to the Com- additional new budget authority; PROGRAM.—The term ‘Department of Defense mittee on Environment and Public ‘‘(V) for fiscal year 2020, $2,298,000,000 in ad- health program’ means the appropriations Works. ditional new budget authority; and accounts that support the various institutes, Mr. CORNYN. Mr. President, I ask ‘‘(VI) for fiscal year 2021, $2,884,000,000 in offices, and centers that make up the De- unanimous consent that the text of the additional new budget authority. partment of Defense health program. bill be printed in the RECORD. ‘‘(iii) DEPARTMENT OF DEFENSE HEALTH PRO- ‘‘(IV) MEDICAL AND PROSTHETICS RESEARCH There being no objection, the text of GRAM.—If a bill or joint resolution making PROGRAM OF THE DEPARTMENT OF VETERANS the bill was ordered to be printed in appropriations for a fiscal year is enacted AFFAIRS.—The term ‘medical and prosthetics that specifies amounts for the Department of research program of the Department of Vet- the RECORD, as follows: Defense health program, then the adjust- erans Affairs’ means the appropriations ac- S. 292 ments for that fiscal year shall be the counts that support the various institutes, Be it enacted by the Senate and House of Rep- amount of additional new budget authority offices, and centers that make up the med- resentatives of the United States of America in provided in that Act for such programs for ical and prosthetics research program of the Congress assembled, that fiscal year, but shall not exceed— Department of Veterans Affairs. SECTION 1. SHORT TITLE. ‘‘(I) for fiscal year 2016, $57,402,000 in addi- ‘‘(V) NATIONAL INSTITUTES OF HEALTH.—The This Act may be cited as the ‘‘21st Century tional new budget authority; term ‘National Institutes of Health’ means Endangered Species Transparency Act’’. ‘‘(II) for fiscal year 2017, $139,213,000 in ad- the appropriations accounts that support the SEC. 2. REQUIREMENT TO PUBLISH ON INTER- ditional new budget authority; various institutes, offices, and centers that NET BASIS FOR LISTINGS. ‘‘(III) for fiscal year 2018, $226,460,000 in ad- make up the National Institutes of Health.’’. Section 4(b) of the Endangered Species Act ditional new budget authority; (b) FUNDING.—There are hereby authorized (16 U.S.C. 1533(b)) is amended by adding at ‘‘(IV) for fiscal year 2019, $322,742,000 in ad- to be appropriated— the end the following: ditional new budget authority; (1) for the National Institutes of Health, ‘‘(9) PUBLICATION ON INTERNET OF BASIS FOR ‘‘(V) for fiscal year 2020, $425,700,000 in addi- the amounts provided for under clause (i) of LISTINGS.—The Secretary shall make pub- tional new budget authority; and such section 251(b)(2)(D) in each of fiscal licly available on the Internet the best sci- ‘‘(VI) for fiscal year 2021, $540,000,000 in ad- years 2016 through 2021, and such sums as entific and commercial data available that ditional new budget authority. may be necessary for each subsequent fiscal are the basis for each regulation, including ‘‘(iv) MEDICAL AND PROSTHETICS RESEARCH year; each proposed regulation, promulgated under PROGRAM OF THE DEPARTMENT OF VETERANS (2) for the Secretary of Health and Human subsection (a)(1), except that, at the request AFFAIRS.—If a bill or joint resolution making Services, acting through the Centers for Dis- of a Governor or legislature of a State, the appropriations for a fiscal year is enacted ease Control and Prevention, the amounts Secretary shall not make available under that specifies amounts for the medical and provided for under clause (ii) of such section this paragraph information regarding which prosthetics research program of the Depart- 251(b)(2)(D) in each of fiscal years 2016 the State has determined public disclosure is ment of Veterans Affairs, then the adjust- through 2021, and such sums as may be nec- prohibited by a law of that State relating to ments for that fiscal year shall be the essary for each subsequent fiscal year; the protection of personal information.’’. amount of additional new budget authority (3) for the Department of Defense health provided in that Act for such programs for program, the amounts provided for under By Mr. CORNYN (for himself, Mr. that fiscal year, but shall not exceed— clause (iii) of such section 251(b)(2)(D) in FLAKE, Mr. ROBERTS, Mr. ‘‘(I) for fiscal year 2016, $25,201,000 in addi- each of fiscal years 2016 through 2021, and CRAPO, Mr. BOOZMAN, Mr. tional new budget authority; such sums as may be necessary for each sub- ‘‘(II) for fiscal year 2017, $52,945,000 in addi- sequent fiscal year; and HATCH, Mr. ROUNDS, Mr. tional new budget authority; (4) for the Medical and prosthetics research MORAN, Mr. LANKFORD, Mr. VIT- ‘‘(III) for fiscal year 2018, $80,866,000 in ad- program of the Department of Veterans Af- TER, Mr. RISCH, Mr. HELLER, ditional new budget authority; fairs, the amounts provided for under clause Mrs. FISCHER, and Mr. WICKER):

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.039 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S602 CONGRESSIONAL RECORD — SENATE January 28, 2015 S. 293. A bill to amend the Endan- ‘‘(BB) a magistrate judge. State or county approval described in this gered Species Act of 1973 to establish a ‘‘(bb) PARTIES INCLUDED IN SETTLEMENT DIS- paragraph in a form— procedure for approval of certain set- CUSSIONS.—The settlement discussions de- ‘‘(i) acceptable to the State or county, as tlements; to the Committee on Envi- scribed in item (aa) shall include each— applicable; and ‘‘(AA) plaintiff; ‘‘(ii) signed by the State or county official ronment and Public Works. ‘‘(BB) defendant agency; and authorized to approve the covered settle- Mr. CORNYN. Mr. President, I ask ‘‘(CC) intervenor.’’; ment.’’. unanimous consent that the text of the (2) by striking paragraph (4) and inserting bill be printed in the RECORD. the following: By Mr. HATCH (for himself, Mr. There being no objection, the text of ‘‘(4) LITIGATION COSTS.— SCHUMER, Ms. AYOTTE, Mr. the bill was ordered to be printed in ‘‘(A) IN GENERAL.—Except as provided in BLUMENTHAL, Mr. BLUNT, Ms. the RECORD, as follows: subparagraph (B), the court, in issuing any CANTWELL, Mrs. CAPITO, Mr. final order in any suit brought under para- S. 293 CARPER, Mr. CASEY, Mr. COONS, graph (1), may award costs of litigation (in- Mr. CORNYN, Mr. DAINES, Mrs. Be it enacted by the Senate and House of Rep- cluding reasonable attorney and expert wit- FEINSTEIN, Mr. FRANKEN, Mrs. resentatives of the United States of America in ness fees) to any party, whenever the court Congress assembled, determines such award is appropriate. GILLIBRAND, Mr. GRAHAM, Mr. SECTION 1. DEFINITIONS. ‘‘(B) COVERED SETTLEMENT.— GRASSLEY, Mr. INHOFE, Mr. Section 3 of the Endangered Species Act of ‘‘(i) CONSENT DECREES.—The court shall not ISAKSON, Mr. KIRK, Ms. KLO- 1973 (16 U.S.C. 1532) is amended— award costs of litigation in any proposed BUCHAR, Mr. LEE, Mr. MARKEY, (1) by redesignating— covered settlement that is a consent decree. Mr. MCCAIN, Mrs. MURRAY, Mr. (A) paragraphs (1) through (4) as para- ‘‘(ii) OTHER COVERED SETTLEMENTS.— PERDUE, Mr. PORTMAN, Mr. graphs (2) through (5), respectively; ‘‘(I) IN GENERAL.—For a proposed covered ROBERTS, Mr. RUBIO, Mr. (B) paragraphs (5) through (10) as para- settlement other than a consent decree, the THUNE, Mr. TOOMEY, Mr. UDALL, graphs (7) through (12), respectively; and court shall ensure that the covered settle- (C) paragraphs (12) through (21) as para- ment does not include payment to any plain- Mr. VITTER, Ms. WARREN, Mr. graphs (13) through (22), respectively; tiff for the costs of litigation. WHITEHOUSE, and Mr. MANCHIN): (2) by adding before paragraph (2) (as so re- ‘‘(II) MOTIONS.—The court shall not grant S. 295. A bill to amend section 2259 of designated) the following: any motion, including a motion to dismiss, title 18, United States Code, and for ‘‘(1) AFFECTED PARTIES.—The term ‘af- based on the proposed covered settlement de- other purposes; to the Committee on fected party’ means any person, including a scribed in subclause (I) if the covered settle- the Judiciary. business entity, or any State, tribal govern- ment includes payment to any plaintiff for Mr. HATCH. Mr. President, today I ment, or local subdivision the rights of the costs of litigation.’’; and am introducing legislation to help vic- which may be affected by a determination (3) by adding at the end the following: tims of child pornography, one of soci- made under section 4(a) in a suit brought ‘‘(6) APPROVAL OF COVERED SETTLEMENT.— ety’s most heinous crimes. I am joined under section 11(g)(1)(C).’’; and ‘‘(A) DEFINITION OF SPECIES.—In this para- (3) by adding after paragraph (5) (as so re- graph, the term ‘species’ means a species by 34 Senators on both sides of the designated) the following: that is the subject of an action brought aisle. I hope this legislation will soon ‘‘(6) COVERED SETTLEMENT.—The term ‘cov- under paragraph (1)(C). become law. ered settlement’ means a consent decree or a ‘‘(B) IN GENERAL.— Sexually exploiting a child distorts settlement agreement in an action brought ‘‘(i) CONSENT DECREES.—The court shall not her life and leaves scars long after the under section 11(g)(1)(C).’’. approve a proposed covered settlement that abuse itself ends and the abuser has SEC. 2. INTERVENTION; APPROVAL OF COVERED is a consent decree unless each State and been prosecuted. For this reason, the SETTLEMENT. county in which the Secretary of the Inte- Violence Against Women Act includes Section 11(g) of the Endangered Species rior believes a species occurs approves the Act of 1973 (16 U.S.C. 1540) is amended— covered settlement. a provision requiring that in such cases (1) in paragraph (3), by adding at the end ‘‘(ii) OTHER COVERED SETTLEMENTS.— a defendant must pay restitution to the following: ‘‘(I) IN GENERAL.—For a proposed covered cover all of the victim’s losses. Those ‘‘(C) PUBLISHING COMPLAINT; INTERVEN- settlement other than a consent decree, the losses can include future lost income as TION.— court shall ensure that the covered settle- well as medical care, mental health ‘‘(i) PUBLISHING COMPLAINT.— ment is approved by each State and county counseling, and therapy. ‘‘(I) IN GENERAL.—Not later than 30 days in which the Secretary of the Interior be- Child pornography isn’t merely the after the date on which the plaintiff serves lieves a species occurs. record of a child’s sexual abuse, it is the defendant with the complaint in an ac- ‘‘(II) MOTIONS.—The court shall not grant tion brought under paragraph (1)(C) in ac- any motion, including a motion to dismiss, itself an instance of abuse. The ongoing cordance with Rule 4 of the Federal Rules of based on the proposed covered settlement de- trafficking and those images pile harm Civil Procedure, the Secretary of the Inte- scribed in subclause (I) unless the covered upon harm. As a result, it becomes rior shall publish the complaint in a readily settlement is approved by each State and even more difficult for a victim to put accessible manner, including electronically. county in which the Secretary of the Inte- together a life that was shattered be- ‘‘(II) FAILURE TO MEET DEADLINE.—The fail- rior believes a species occurs. fore it had barely begun. ure of the Secretary to meet the 30-day dead- ‘‘(C) NOTICE.— As the Supreme Court has recog- line described in subclause (I) shall not be ‘‘(i) IN GENERAL.—The Secretary of the In- nized, ‘‘every viewing of child pornog- the basis for an action under paragraph terior shall provide each State and county in raphy is a repetition of the victim’s (1)(C). which the Secretary of the Interior believes ‘‘(ii) INTERVENTION.— a species occurs notice of a proposed covered abuse.’’ The current restitution statute ‘‘(I) IN GENERAL.—After the end of the 30- settlement. was enacted in 1994, before the Internet day period described in clause (i), each af- ‘‘(ii) DETERMINATION OF RELEVANT STATES became prime real estate for traf- fected party shall be given a reasonable op- AND COUNTIES.—The defendant in a covered ficking of child pornography. portunity to move to intervene in the action settlement shall consult with each State de- It puts victims in an impossible bind. described in clause (i), until the end of which scribed in clause (i) to determine each coun- In a case decided last spring, the Su- a party may not file a motion for a consent ty in which the Secretary of the Interior be- preme Court said the current restitu- decree or to dismiss the case pursuant to a lieves a species occurs. tion statute requires the victim to settlement agreement. ‘‘(D) FAILURE TO RESPOND.—The court may prove how much of her losses were spe- ‘‘(II) REBUTTABLE PRESUMPTION.—In consid- approve a covered settlement or grant a mo- ering a motion to intervene by any affected tion described in subparagraph (B)(ii)(II) if, cifically caused by a single defendant’s party, the court shall presume, subject to re- not later than 45 days after the date on possession of her images. With a bur- buttal, that the interests of that party would which a State or county is notified under den like that, it is no wonder that not be represented adequately by the parties subparagraph (C)— under this statute victims receive no to the action described in clause (i). ‘‘(i)(I) a State or county fails to respond; restitution at all in more than three- ‘‘(III) REFERRAL TO ALTERNATIVE DISPUTE and quarters of child pornography cases. RESOLUTION.— ‘‘(II) of the States or counties that re- The cruel irony today is that the ‘‘(aa) IN GENERAL.—If the court grants a spond, each State or county approves the more individuals who participate in motion to intervene in the action, the court covered settlement; or shall refer the action to facilitate settlement ‘‘(ii) all of the States and counties fail to harming a victim, the less any of them discussions to— respond. is financially responsible, and the less ‘‘(AA) the mediation program of the court; ‘‘(E) PROOF OF APPROVAL.—The defendant timely help the victim will receive. or in a covered settlement shall prove any Perpetrators are easily lost in a crowd.

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.040 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S603 The bill I introduce today will amend cule amounts of restitution from hun- children for sex, in accordance with the Traf- the restitution statute so that it works dreds, if not thousands of defendants ficking Victims Protection Act and State for child pornography victims. It is all over the country. I want my col- child protection laws against abuse and stat- named for Amy and Vicky, brave leagues to hear his words: utory rape, and should take all necessary measures to protect the children of the women who are the victims of two of My images may never be taken off the United States from harm. the most widely viewed child pornog- Internet and may always be circulating raphy series in the world. Amy’s case around the country. At least with this con- f went before the Supreme Court last gressional change, I can start to heal, learn SENATE RESOLUTION 44—AUTHOR- year, and my staff worked with the how to handle my circumstances, and re- IZING EXPENDITURES BY THE legal team for these women in devel- build my life. COMMITTEE ON HEALTH, EDU- oping this bill. There are many more Amys, Vickys, CATION, LABOR, AND PENSIONS and Andys than any of us want to I want to mention in particular Mr. ALEXANDER submitted the fol- admit, and they need our help. In our James Marsh, whose legal practice in lowing resolution; from the Committee system of government, we have the re- New York focuses exclusively on help- on Health, Education, Labor, and Pen- sponsibility to pass or change legisla- ing victims; Professor Paul Cassell at sions; which was referred to the Com- tion to address issues and problems the University of Utah, who argued mittee on Rules and Administration: Amy’s case before the Supreme Court; Americans face. All the courts could do S. RES. 44 and Carol Hepburn, who practices law was confirm that the current restitu- Resolved, in Seattle on behalf of Vicky and many tion statute is no longer suited to help other victims. child pornography victims. It is now up SECTION 1. GENERAL AUTHORITY. This bill changes the current restitu- to us to do our duty and enact a stat- In carrying out its powers, duties, and ute that will. Amy, Vicky, and Andy functions under the Standing Rules of the tion statute in three important ways Senate, in accordance with its jurisdiction so that it works for child pornography are counting on us, and we must not let under rule XXV of the Standing Rules of the victims. First, it gives judges options them down. Senate, including holding hearings, report- for determining a victim’s losses and f ing such hearings, and making investiga- tions as authorized by paragraphs 1 and 8 of calculating restitution. Second, it SUBMITTED RESOLUTIONS gives judges the ability to impose res- rule XXVI of the Standing Rules of the Sen- titution on defendants in different ate, the Committee on Health, Education, kinds of cases to ensure that victims Labor, and Pensions (in this resolution re- SENATE RESOLUTION 43—EX- ferred to as the ‘‘committee’’) is authorized actually receive meaningful restitu- PRESSING THE SENSE OF THE from March 1, 2015 through February 28, 2017, tion. Third, it shifts the burden of SENATE THAT CHILDREN TRAF- in its discretion, to— chasing defendants all over the country FICKED IN THE UNITED STATES (1) make expenditures from the contingent from victims to defendants who can SHOULD BE TREATED AS VIC- fund of the Senate; share the restitution costs with other TIMS, AND NOT CRIMINALS, ES- (2) employ personnel; and defendants. PECIALLY DURING THE UPCOM- (3) with the prior consent of the Govern- Both Amy and Vicky personally sup- ING SUPER BOWL, AN EVENT ment department or agency concerned and port this bill. I am also pleased that the Committee on Rules and Administration, AROUND WHICH MANY CHILDREN use on a reimbursable or nonreimbursable many national victim advocacy groups ARE AT RISK FOR BEING TRAF- basis the services of personnel of any such support this bill, including the Na- FICKED FOR SEX department or agency. tional Center for Missing and Exploited Mr. PORTMAN (for himself and Mr. SEC. 2. EXPENSES. Children, the National Organization for BLUMENTHAL) submitted the following (a) EXPENSES FOR PERIOD ENDING SEP- Victim Assistance, the National Crime resolution; which was referred to the TEMBER 30, 2015.—The expenses of the com- Victim Law Institute, the National Committee on the Judiciary: mittee for the period March 1, 2015 through Center for Victims of Crime, and the September 30, 2015 under this resolution National Task Force to End Sexual and S. RES. 43 shall not exceed $5,105,487, of which Domestic Violence Against Women. Whereas according to the Department of amount— Last October I received a letter en- Justice, there are currently an estimated (1) not to exceed $75,000 may be expended dorsing this bill signed by the attor- 293,000 children in the United States at risk for the procurement of the services of indi- of commercial sexual exploitation; vidual consultants, or organizations thereof neys general of 43 States, 22 Repub- Whereas the victims of child sex traf- (as authorized by section 202(i) of the Legis- licans and 21 Democrats. ficking are often hidden in plain view, and lative Reorganization Act of 1946 (2 U.S.C. I want to share with my colleagues may be found standing around bus stops, 4301(i))); and the story of a young man, a Utah resi- staying in runaway youth shelters, or adver- (2) not to exceed $25,000 may be expended dent, who uses the name Andy. tised for commercial sex online; for the training of the professional staff of Between the ages of 7 and 12, he was Whereas the average age of entry into sex the committee (under procedures specified sexually abused by a trusted adult and trafficking is between just 12 and 14 years by section 202(j) of that Act). family friend. Dr. David Corwin, the old; (b) EXPENSES FOR FISCAL YEAR 2016 PE- University of Utah child psychologist Whereas child victims of trafficking are RIOD.—The expenses of the committee for the often abducted or lured into running away period October 1, 2015 through September 30, who examined him, said that based on by traffickers and then routinely raped, 2016 under this resolution shall not exceed 30 years of experience with child sexual drugged, and beaten into submission, and $8,752,264, of which amount— abuse victims, the images and videos of sometimes even branded; (1) not to exceed $75,000 may be expended Andy’s abuse were the most disturbing Whereas it is widely recognized that the for the procurement of the services of indi- he had ever seen. beloved American tradition of the Super vidual consultants, or organizations thereof According to the FBI, the images and Bowl, an event that draws tens of thousands (as authorized by section 202(i) of the Legis- videos created from Andy’s abuse are of fans to the host city, like other major lative Reorganization Act of 1946 (2 U.S.C. one of the most widely distributed boy sporting events, leads to a surge in the sex 4301(i))); and trafficking of underage girls and boys in the (2) not to exceed $25,000 may be expended series in the country. The FBI says host city; and for the training of the professional staff of that as of last month Andy is a named Whereas traffickers aggressively advertise the committee (under procedures specified victim in 726 cases. He has been grant- and sell sex trafficking victims on sites like by section 202(j) of that Act). ed restitution in 24 of the 101 cases in Backpage.com during the Super Bowl in (c) EXPENSES FOR PERIOD ENDING FEBRUARY which he requested it and has collected order to meet the increased demand from 28, 2017.—The expenses of the committee for anything at all in only 2 cases. those flocking to the host city: Now, there- the period October 1, 2016 through February Andy wrote to support the bill I am fore, be it 28, 2017 under this resolution shall not exceed introducing today. He addresses letters Resolved, That the Senate agrees that— $3,646,777, of which amount— to the Members of the Congress, which (1) law enforcement, the juvenile justice (1) not to exceed $75,000 may be expended system, and social services should treat all for the procurement of the services of indi- means that he is writing to each Mem- children trafficked for sex as victims; and vidual consultants, or organizations thereof ber of this body. Andy says this legisla- (2) Federal and State law enforcement (as authorized by section 202(i) of the Legis- tion will prevent him from having to agencies should make every effort to arrest lative Reorganization Act of 1946 (2 U.S.C. spend decades trying to recover minus- and prosecute both traffickers and buyers of 4301(i))); and

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G28JA6.044 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S604 CONGRESSIONAL RECORD — SENATE January 28, 2015 (2) not to exceed $25,000 may be expended SEC. 2. EXPENSES. (2) for the period October 1, 2015 through for the training of the professional staff of (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2016; and the committee (under procedures specified TEMBER 30, 2015.—The expenses of the com- (3) for the period October 1, 2016 through by section 202(j) of that Act). mittee for the period March 1, 2015 through February 28, 2017. September 30, 2015 under this resolution SEC. 3. REPORTING LEGISLATION. f The committee shall report its findings, shall not exceed $1,520,944, of which together with such recommendations for leg- amount— SENATE RESOLUTION 46—AUTHOR- islation as it deems advisable, to the Senate (1) not to exceed $25,000 may be expended IZING EXPENDITURES BY THE at the earliest practicable date, but not later for the procurement of the services of indi- SPECIAL COMMITTEE ON AGING than February 28, 2017. vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- Ms. COLLINS submitted the fol- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. lative Reorganization Act of 1946 (2 U.S.C. lowing resolution; from the Special (a) EXPENSES OF THE COMMITTEE.— 4301(i))); and Committee on Aging; which was re- (1) IN GENERAL.—Except as provided in (2) not to exceed $10,000 may be expended ferred to the Committee on Rules and paragraph (2), expenses of the committee for the training of the professional staff of Administration: under this resolution shall be paid from the the committee (under procedures specified S. RES. 46 contingent fund of the Senate upon vouchers by section 202(j) of that Act). Resolved, approved by the chairman of the committee. (b) EXPENSES FOR FISCAL YEAR 2016 PE- (2) VOUCHERS NOT REQUIRED.—Vouchers RIOD.—The expenses of the committee for the SECTION 1. GENERAL AUTHORITY. shall not be required for— period October 1, 2015 through September 30, In carrying out its powers, duties, and (A) the disbursement of salaries of employ- 2016 under this section shall not exceed functions imposed by section 104 of S. Res. 4, ees paid at an annual rate; $2,607,332, of which amount— agreed to February 4, 1977 (95th Congress), (B) the payment of telecommunications (1) not to exceed $25,000 may be expended and in exercising the authority conferred on provided by the Office of the Sergeant at for the procurement of the services of indi- it by such section, the Special Committee on Arms and Doorkeeper; vidual consultants, or organizations thereof Aging (in this resolution referred to as the (C) the payment of stationery supplies pur- (as authorized by section 202(i) of the Legis- ‘‘committee’’) is authorized from March 1, chased through the Keeper of the Stationery; lative Reorganization Act of 1946 (2 U.S.C. 2015 through February 28, 2017, in its discre- (D) payments to the Postmaster of the 4301(i))); and tion, to— Senate; (2) not to exceed $10,000 may be expended (1) make expenditures from the contingent (E) the payment of metered charges on for the training of the professional staff of fund of the Senate; copying equipment provided by the Office of the committee (under procedures specified (2) employ personnel; and the Sergeant at Arms and Doorkeeper; by section 202(j) of that Act). (3) with the prior consent of the Govern- (F) the payment of Senate Recording and (c) EXPENSES FOR PERIOD ENDING FEBRUARY ment department or agency concerned and Photographic Services; or 28, 2017.—The expenses of the committee for the Committee on Rules and Administration, (G) the payment of franked and mass mail the period October 1, 2016 through February use on a reimbursable or nonreimbursable costs by the Sergeant at Arms and Door- 28, 2017 under this section shall not exceed basis the services of personnel of any such keeper. $1,086,388, of which amount— department or agency. (b) AGENCY CONTRIBUTIONS.—There are au- (1) not to exceed $25,000 may be expended SEC. 2. EXPENSES. thorized to be paid from the appropriations for the procurement of the services of indi- (a) EXPENSES FOR PERIOD ENDING SEP- account for ‘‘Expenses of Inquiries and Inves- vidual consultants, or organizations thereof TEMBER 30, 2015.—The expenses of the com- tigations’’ of the Senate such sums as may (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2015 through be necessary for agency contributions re- lative Reorganization Act of 1946 (2 U.S.C. September 30, 2015 under this resolution lated to the compensation of employees of 4301(i))); and shall not exceed $1,399,763, of which the committee— (2) not to exceed $10,000 may be expended amount— (1) for the period March 1, 2015 through for the training of the professional staff of (1) not to exceed $3,055 may be expended for September 30, 2015; the committee (under procedures specified the procurement of the services of individual (2) for the period October 1, 2015 through by section 202(j) of that Act). consultants, or organizations thereof (as au- September 30, 2016; and SEC. 3. REPORTING LEGISLATION. thorized by section 202(i) of the Legislative (3) for the period October 1, 2016 through The committee shall report its findings, Reorganization Act of 1946 (2 U.S.C. 4301(i))); February 28, 2017. together with such recommendations for leg- and f islation as it deems advisable, to the Senate (2) not to exceed $3,000 may be expended for at the earliest practicable date, but not later the training of the professional staff of the SENATE RESOLUTION 45—AUTHOR- than February 28, 2017. committee (under procedures specified by IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. section 202(j) of that Act). COMMITTEE ON SMALL BUSI- (a) EXPENSES OF THE COMMITTEE.— (b) EXPENSES FOR FISCAL YEAR 2016 PE- NESS AND ENTREPRENEURSHIP (1) IN GENERAL.—Except as provided in RIOD.—The expenses of the committee for the paragraph (2), expenses of the committee period October 1, 2015 through September 30, Mr. VITTER submitted the following under this resolution shall be paid from the 2016 under this resolution shall not exceed resolution; from the Committee on contingent fund of the Senate upon vouchers $2,399,594, of which amount— Small Business and Entrepreneurship; approved by the chairman of the committee. (1) not to exceed $6,000 may be expended for which was referred to the Committee (2) VOUCHERS NOT REQUIRED.—Vouchers the procurement of the services of individual on Rules and Administration: shall not be required for— consultants, or organizations thereof (as au- (A) the disbursement of salaries of employ- thorized by section 202(i) of the Legislative S. RES. 45 ees paid at an annual rate; Reorganization Act of 1946 (2 U.S.C. 4301(i))); Resolved, (B) the payment of telecommunications and SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at (2) not to exceed $6,000 may be expended for In carrying out its powers, duties, and Arms and Doorkeeper; the training of the professional staff of the functions under the Standing Rules of the (C) the payment of stationery supplies pur- committee (under procedures specified by Senate, in accordance with its jurisdiction chased through the Keeper of the Stationery; section 202(j) of that Act). under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the (c) EXPENSES FOR PERIOD ENDING FEBRUARY Senate, including holding hearings, report- Senate; 28, 2017.—The expenses of the committee for ing such hearings, and making investiga- (E) the payment of metered charges on the period October 1, 2016 through February tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of 28, 2017 under this resolution shall not exceed rule XXVI of the Standing Rules of the Sen- the Sergeant at Arms and Doorkeeper; $999,831, of which amount— ate, the Committee on Small Business and (F) the payment of Senate Recording and (1) not to exceed $2,500 may be expended for Entrepreneurship (in this resolution referred Photographic Services; or the procurement of the services of individual to as the ‘‘committee’’) is authorized from (G) the payment of franked and mass mail consultants, or organizations thereof (as au- March 1, 2015 through February 28, 2017, in costs by the Sergeant at Arms and Door- thorized by section 202(i) of the Legislative its discretion, to— keeper. Reorganization Act of 1946 (2 U.S.C. 4301(i))); (1) make expenditures from the contingent (b) AGENCY CONTRIBUTIONS.—There are au- and fund of the Senate; thorized to be paid from the appropriations (2) not to exceed $1,500 may be expended for (2) employ personnel; and account for ‘‘Expenses of Inquiries and Inves- the training of the professional staff of the (3) with the prior consent of the Govern- tigations’’ of the Senate such sums as may committee (under procedures specified by ment department or agency concerned and be necessary for agency contributions re- section 202(j) of that Act). the Committee on Rules and Administration, lated to the compensation of employees of SEC. 3. REPORTING LEGISLATION. use on a reimbursable or nonreimbursable the committee— The committee shall report its findings, basis the services of personnel of any such (1) for the period March 1, 2015 through together with such recommendations for leg- department or agency. September 30, 2015; islation as it deems advisable, to the Senate

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.043 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S605 at the earliest practicable date, but not later vidual consultants, or organizations thereof SENATE RESOLUTION 48—AUTHOR- than February 28, 2017. (as authorized by section 202(i) of the Legis- IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. lative Reorganization Act of 1946 (2 U.S.C. COMMITTEE ON AGRICULTURE, (a) EXPENSES OF THE COMMITTEE.— 4301(i))); and NUTRITION, AND FORESTRY (1) IN GENERAL.—Except as provided in (2) not to exceed $11,600 may be expended paragraph (2), expenses of the committee for the training of the professional staff of Mr. ROBERTS submitted the fol- under this resolution shall be paid from the the committee (under procedures specified lowing resolution; from the Committee contingent fund of the Senate upon vouchers by section 202(j) of that Act). on Agriculture, Nutrition, and For- approved by the chairman of the committee. (b) EXPENSES FOR FISCAL YEAR 2016 PE- estry; which was referred to the Com- (2) VOUCHERS NOT REQUIRED.—Vouchers RIOD.—The expenses of the committee for the mittee on Rules and Administration: shall not be required for— period October 1, 2015 through September 30, (A) the disbursement of salaries of employ- S. RES. 48 2016 under this resolution shall not exceed ees paid at an annual rate; Resolved, (B) the payment of telecommunications $6,666,904, of which amount— SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at (1) not to exceed $100,000 may be expended In carrying out its powers, duties, and Arms and Doorkeeper; for the procurement of the services of indi- functions under the Standing Rules of the (C) the payment of stationery supplies pur- vidual consultants, or organizations thereof Senate, in accordance with its jurisdiction chased through the Keeper of the Stationery; (as authorized by section 202(i) of the Legis- under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the lative Reorganization Act of 1946 (2 U.S.C. Senate, including holding hearings, report- Senate; 4301(i))); and ing such hearings, and making investiga- (E) the payment of metered charges on (2) not to exceed $20,000 may be expended tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of for the training of the professional staff of rule XXVI of the Standing Rules of the Sen- the Sergeant at Arms and Doorkeeper; the committee (under procedures specified ate, the Committee on Agriculture, Nutri- (F) the payment of Senate Recording and by section 202(j) of that Act). tion, and Forestry (in this resolution re- Photographic Services; or (c) EXPENSES FOR PERIOD ENDING FEBRUARY ferred to as the ‘‘committee’’) is authorized (G) the payment of franked and mass mail 28, 2017.—The expenses of the committee for from March 1, 2015 through February 28, 2017, costs by the Sergeant at Arms and Door- the period October 1, 2016 through February in its discretion, to— keeper. 28, 2017 under this resolution shall not exceed (1) make expenditures from the contingent (b) AGENCY CONTRIBUTIONS.—There are au- $2,777,877, of which amount— fund of the Senate; thorized to be paid from the appropriations (1) not to exceed $42,000 may be expended (2) employ personnel; and account for ‘‘Expenses of Inquiries and Inves- for the procurement of the services of indi- (3) with the prior consent of the Govern- tigations’’ of the Senate such sums as may vidual consultants, or organizations thereof ment department or agency concerned and be necessary for agency contributions re- (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, lated to the compensation of employees of lative Reorganization Act of 1946 (2 U.S.C. use on a reimbursable or nonreimbursable the committee— 4301(i))); and basis the services of personnel of any such (1) for the period March 1, 2015 through (2) not to exceed $8,400 may be expended for department or agency. September 30, 2015; the training of the professional staff of the SEC. 2. EXPENSES. (2) for the period October 1, 2015 through committee (under procedures specified by (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2016; and section 202(j) of that Act). TEMBER 30, 2015.—The expenses of the com- (3) for the period October 1, 2016 through mittee for the period March 1, 2015 through February 28, 2017. SEC. 3. REPORTING LEGISLATION. September 30, 2015 under this resolution f The committee shall report its findings, shall not exceed $2,463,834, of which amount— SENATE RESOLUTION 47—AUTHOR- together with such recommendations for leg- islation as it deems advisable, to the Senate (1) not to exceed $200,000 may be expended IZING EXPENDITURES BY THE for the procurement of the services of indi- COMMITTEE ON FOREIGN RELA- at the earliest practicable date, but not later than February 28, 2017. vidual consultants, or organizations thereof TIONS (as authorized by section 202(i) of the Legis- Mr. CORKER submitted the following SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. lative Reorganization Act of 1946 (2 U.S.C. 4301(i))); and resolution; from the Committee on (a) EXPENSES OF THE COMMITTEE.— (2) not to exceed $40,000 may be expended Foreign Relations; which was referred (1) IN GENERAL.—Except as provided in paragraph (2), expenses of the committee for the training of the professional staff of to the Committee on Rules and Admin- the committee (under procedures specified istration: under this resolution shall be paid from the contingent fund of the Senate upon vouchers by section 202(j) of that Act). S. RES. 47 XPENSES FOR FISCAL YEAR 2016 PE- approved by the chairman of the committee. (b) E RIOD.—The expenses of the committee for the Resolved, (2) VOUCHERS NOT REQUIRED.—Vouchers SECTION 1. GENERAL AUTHORITY. shall not be required for— period October 1, 2015 through September 30, In carrying out its powers, duties, and (A) the disbursement of salaries of employ- 2016 under this resolution shall not exceed functions under the Standing Rules of the ees paid at an annual rate; $4,223,716, of which amount— Senate, in accordance with its jurisdiction (B) the payment of telecommunications (1) not to exceed $200,000 may be expended under rule XXV of the Standing Rules of the provided by the Office of the Sergeant at for the procurement of the services of indi- Senate, including holding hearings, report- Arms and Doorkeeper; vidual consultants, or organizations thereof ing such hearings, and making investiga- (C) the payment of stationery supplies pur- (as authorized by section 202(i) of the Legis- tions as authorized by paragraphs 1 and 8 of chased through the Keeper of the Stationery; lative Reorganization Act of 1946 (2 U.S.C. rule XXVI of the Standing Rules of the Sen- (D) payments to the Postmaster of the 4301(i))); and ate, the Committee on Foreign Relations (in Senate; (2) not to exceed $40,000 may be expended this resolution referred to as the ‘‘com- (E) the payment of metered charges on for the training of the professional staff of mittee’’) is authorized from March 1, 2015 copying equipment provided by the Office of the committee (under procedures specified through February 28, 2017, in its discretion, the Sergeant at Arms and Doorkeeper; by section 202(j) of that Act). (c) EXPENSES FOR PERIOD ENDING FEBRUARY to— (F) the payment of Senate Recording and 28, 2017.—The expenses of the committee for (1) make expenditures from the contingent Photographic Services; or the period October 1, 2016 through February fund of the Senate; (G) the payment of franked and mass mail 28, 2017 under this resolution shall not exceed (2) employ personnel; and costs by the Sergeant at Arms and Door- $1,759,882, of which amount— (3) with the prior consent of the Govern- keeper. ment department or agency concerned and (1) not to exceed $200,000 may be expended the Committee on Rules and Administration, (b) AGENCY CONTRIBUTIONS.—There are au- for the procurement of the services of indi- use on a reimbursable or nonreimbursable thorized to be paid from the appropriations vidual consultants, or organizations thereof basis the services of personnel of any such account for ‘‘Expenses of Inquiries and Inves- (as authorized by section 202(i) of the Legis- department or agency. tigations’’ of the Senate such sums as may lative Reorganization Act of 1946 (2 U.S.C. SEC. 2. EXPENSES. be necessary for agency contributions re- 4301(i))); and (a) EXPENSES FOR PERIOD ENDING SEP- lated to the compensation of employees of (2) not to exceed $40,000 may be expended TEMBER 30, 2015.—The expenses of the com- the committee— for the training of the professional staff of mittee for the period March 1, 2015 through (1) for the period March 1, 2015 through the committee (under procedures specified September 30, 2015 under this resolution September 30, 2015; by section 202(j) of that Act). shall not exceed $3,889,028, of which (2) for the period October 1, 2015 through SEC. 3. REPORTING LEGISLATION. amount— September 30, 2016; and The committee shall report its findings, (1) not to exceed $58,000 may be expended (3) for the period October 1, 2016 through together with such recommendations for leg- for the procurement of the services of indi- February 28, 2017. islation as it deems advisable, to the Senate

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.046 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S606 CONGRESSIONAL RECORD — SENATE January 28, 2015 at the earliest practicable date, but not later (b) For the period October 1, 2015, through coach, bringing the total of national cham- than February 28, 2017. September 30, 2016, expenses of the com- pionships in collegiate football by The Ohio SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. mittee under this resolution shall not exceed State University to 8; (a) EXPENSES OF THE COMMITTEE.— $2,030,258.00, of which amount (1) not to ex- Whereas the head coach of the Ohio State (1) IN GENERAL.—Except as provided in ceed $20,000 may be expended for the procure- Buckeyes became only the second coach to paragraph (2), expenses of the committee ment of the services of individual consult- lead 2 separate Football Bowl Subdivision under this resolution shall be paid from the ants, or organizations thereof (as authorized programs to a national championship; contingent fund of the Senate upon vouchers by section 202(i) of the Legislative Reorga- Whereas the quarterback of the Ohio State approved by the chairman of the committee. nization Act of 1946, as amended), and (2) not Buckeyes, number 12, completed 18 passes for (2) VOUCHERS NOT REQUIRED.—Vouchers to exceed $20,000 may be expended for the 242 yards, scoring 1 rushing touchdown and 1 shall not be required for— training of professional staff of such com- passing touchdown in just his third start as (A) the disbursement of salaries of employ- mittee (under procedures specified by section a collegiate quarterback; ees paid at an annual rate; 202(j) of the Legislative Reorganization Act Whereas the running back of the Ohio (B) the payment of telecommunications of 1946). State Buckeyes, number 15, rushed for 246 provided by the Office of the Sergeant at (c) For the period October 1, 2016, through yards, scoring 4 touchdowns and earning the Arms and Doorkeeper; February 28, 2017, expenses of the committee title of Offensive Most Valuable Player; Whereas the safety of the Ohio State Buck- (C) the payment of stationery supplies pur- under this resolution shall not exceed eyes, number 23, recorded 9 tackles, earning chased through the Keeper of the Stationery; $845,941.00, of which amount (1) not to exceed the title of Defensive Most Valuable Player; (D) payments to the Postmaster of the $20,000 may be expended for the procurement Whereas the Ohio State Buckeyes finished Senate; of the services of individual consultants, or the 2014 season with a record of 14 wins and (E) the payment of metered charges on organizations thereof (as authorized by sec- 1 loss, winning 13 straight games on the road copying equipment provided by the Office of tion 202(i) of the Legislative Reorganization to a national championship; the Sergeant at Arms and Doorkeeper; Act of 1946, as amended), and (2) not to ex- Whereas in the 2014 season, the Ohio State (F) the payment of Senate Recording and ceed $20,000 may be expended for the training Buckeyes tied school and National Colle- Photographic Services; or of professional staff of such committee giate Athletic Association records for the (G) the payment of franked and mass mail (under procedures specified by section 202(j) of the Legislative Reorganization Act of most victories in 1 season, including a 42-28 costs by the Sergeant at Arms and Door- triumph over rival school, the University of keeper. 1946). SEC. 3. The committee shall report its find- Michigan; (b) AGENCY CONTRIBUTIONS.—There are au- Whereas the Ohio State Buckeyes won the thorized to be paid from the appropriations ings, together with such recommendations for legislation as it deems advisable, to the Big Ten Conference championship, which was account for ‘‘Expenses of Inquiries and Inves- the first conference championship for The tigations’’ of the Senate such sums as may Senate at the earliest practicable date, but not later than February 28, 2017. Ohio State University under their current be necessary for agency contributions re- head coach and the 35th since joining the SEC. 4. Expenses of the committee under lated to the compensation of employees of conference in 1912, with a 59-0 win over the the committee— this resolution shall be paid from the contin- gent fund of the Senate upon vouchers ap- Wisconsin Badgers; (1) for the period March 1, 2015 through Whereas the Ohio State Buckeyes defeated proved by the Chairman of the committee, September 30, 2015; the first-ranked University of Alabama except that vouchers shall not be required (1) (2) for the period October 1, 2015 through Crimson Tide by a score of 42 to 35 to win the for the disbursement of the salaries of em- September 30, 2016; and Allstate Sugar Bowl and advance to the na- ployees paid at an annual rate, or (2) for the (3) for the period October 1, 2016 through tional championship game; payment of telecommunications provided by February 28, 2017. Whereas, The Ohio State University cele- the Office of the Sergeant at Arms and Door- brated the 125th anniversary of the football f keeper, United States Senate, or (3) for the program during the 2014 season; payment of stationery supplies purchased SENATE RESOLUTION 49—AUTHOR- Whereas the sophomore defensive end of through the Keeper of the Stationery, United IZING EXPENDITURES BY THE the Ohio State Buckeyes, number 97, was States Senate, or (4) for payments to the recognized as a 2014 unanimous All-American SENATE COMMITTEE ON INDIAN Postmaster, United States Senate, or (5) for AFFAIRS selection, just the 27th player to receive such the payment of metered charges on copying an honor in the history of the football pro- Mr. BARRASSO submitted the fol- equipment provided by the Office of the Ser- gram of The Ohio State University; lowing resolution; from the Committee geant at Arms and Doorkeeper, United Whereas the quarterback of the Ohio State on Indian Affairs; which was referred States Senate, or (6) for the payment of Sen- Buckeyes, number 16, was named the Big Ten ate Recording and Photographic Services, or Conference Griese-Brees Quarterback of the to the Committee on Rules and Admin- (7) for payment of franked and mass mail istration: year; costs by the Sergeant at Arms and Door- Whereas the star defensive end of the Ohio S. RES. 49 keeper, United States Senate. State Buckeyes, number 97, was named the Resolved, That, in carrying out its powers, SEC. 5. There are authorized such sums as Big Ten Conference Smith-Brown Defensive duties and functions imposed by section 105 may be necessary for agency contributions Lineman of the year; of S. Res. 4, agreed to February 4, 1977 (95th related to the compensation of employees of Whereas 8 football players from The Ohio Congress), and in exercising the authority the committee from March 1, 2015, through State University were named to all-con- conferred on it by that section, the Com- September 30, 2015; October 1, 2015, through ference teams by Big Ten Conference coach- mittee on Indian Affairs is authorized from September 30, 2016; and October 1, 2016, es; March 1, 2015, through September 30, 2015; through February 28, 2017, to be paid from Whereas the junior center of the Ohio October 1, 2015, through September 30, 2016; the Appropriations account for Expenses of State Buckeyes and Horticulture and Crop and October 1, 2016, through February 28, Inquiries and Investigations. Science student, number 50, was 1 of 6 Big 2017, in its discretion (1) to make expendi- f Ten Conference student-athletes to be named tures from the contingent fund of the Sen- an Academic All American in football; ate, (2) to employ personnel, and (3) with the SENATE RESOLUTION 50—CON- Whereas 12 student-athletes on the cham- prior consent of the Government department GRATULATING THE OHIO STATE pionship team were named Fall 2014 Aca- or agency concerned and the Committee on UNIVERSITY FOOTBALL TEAM demic All-Big Ten Honorees; Rules and Administration, to use on a reim- FOR WINNING THE 2015 COLLEGE Whereas The Ohio State University Presi- bursable, or non-reimbursable, basis the FOOTBALL PLAYOFF NATIONAL dent, Interim President, and director of ath- services of personnel of any such department CHAMPIONSHIP letics have fostered a continuing tradition of or agency. athletic and academic excellence at the in- SEC. 2. (a) The expenses of the committee Mr. BROWN (for himself, Mr. stitution; for the period March 1, 2015, through Sep- PORTMAN, and Mr. CARPER) submitted Whereas The Ohio State University is 1 of tember 30, 2015, under this resolution shall the following resolution; which was the largest and most comprehensive univer- not exceed $1,184,317.00, of which amount (1) considered and agreed to: sities in the United States, and has proven to not to exceed $20,000 may be expended for the be a perennial championship contender in procurement of the services of individual S. RES. 50 National Collegiate Athletic Association consultants, or organizations thereof (as au- Whereas on January 12, 2015, The Ohio football; and thorized by section 202(i) of the Legislative State University Buckeyes won the first-ever Whereas The Ohio State University March- Reorganization Act of 1946, as amended), and College Football Playoff national champion- ing Band, cheerleaders, students, faculty, (2) not to exceed $20,000 may be expended for ship with a 42-20 victory over the second- alumni, and fans worldwide have supported the training of professional staff of such ranked University of Oregon Ducks; the football team through a season filled committee (under procedures specified by Whereas the head coach of the Ohio State with adversity and triumph; Now, therefore, section 202(j) of the Legislative Reorganiza- Buckeyes led the Buckeyes to a national be it tion Act of 1946). championship win in his third year as head Resolved, That the Senate—

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.047 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S607 (1) congratulates The Ohio State Univer- Whereas the week of January 25, 2015, to the International Red Cross to secure Nadiya sity Buckeyes football team for winning the January 31, 2015, has been designated as ‘‘Na- Savchenko’s release; 2015 College Football Playoff national cham- tional Catholic Schools Week’’ by the Na- Whereas the international community, in- pionship; tional Catholic Educational Association and cluding representatives of the Parliamentary (2) recognizes the players, coaches, staff, the United States Conference of Catholic Assembly of the Council of Europe (PACE) and fans whose hard work led to the cham- Bishops; and of the United States, have urged her im- pionship; and Whereas the National Catholic Schools mediate release; (3) respectfully requests that the Secretary Week was first established in 1974 and has Whereas, on January 26, 2015, the opening of the Senate prepare an official copy of this been celebrated annually for the past 41 day of the Parliamentary Assembly, the resolution for presentation to— years; and global community embarks on a public cam- (A) the President of The Ohio State Uni- Whereas the theme for National Catholic paign to bring attention to the plight of versity; Schools Week 2015 is ‘‘Catholic Schools: Nadiya Savchenko and demand her imme- (B) the director of athletics at The Ohio Communities of Faith, Knowledge, and Serv- diate release; and State University; and ice’’; Now, therefore, be it Whereas the Government and people of the (C) the head coach of The Ohio State Uni- Resolved, That the Senate— United States express concern about the de- versity football team. (1) supports the goals of National Catholic teriorating health of detained pilot Nadiya f Schools Week, an event cosponsored by the Savchenko and her continued illegal impris- National Catholic Educational Association onment: Now, therefore, be it SENATE RESOLUTION 51—RECOG- and the United States Conference of Catholic Resolved, That the Senate— NIZING THE GOALS OF CATHOLIC Bishops and established to recognize the (1) condemns the Government of the Rus- SCHOOLS WEEK AND HONORING vital contributions of the thousands of sian Federation for its illegal imprisonment THE VALUABLE CONTRIBUTIONS Catholic elementary and secondary schools of Nadiya Savchenko; OF CATHOLIC SCHOOLS IN THE in the United States; and (2) calls on the Government of the Russian (2) commends Catholic schools, students, UNITED STATES Federation to immediately release Nadiya parents, and teachers across the United Savchenko; Mr. VITTER (for himself and Mr. States for ongoing contributions to edu- (3) calls on the United States, its European CASEY) submitted the following resolu- cation and for playing a vital role in pro- allies, and the international community to tion; which was considered and agreed moting and ensuring a brighter, stronger fu- aggressively support efforts to release to: ture for the United States. Nadiya Savchenko and other illegally de- S. RES. 51 f tained persons; and Whereas Catholic schools in the United SENATE RESOLUTION 52—CALLING (4) expresses solidarity with the Ukrainian people. States are internationally acclaimed for FOR THE RELEASE OF UKRAIN- their academic excellence and provide stu- IAN FIGHTER PILOT NADIYA f dents with more than an exceptional scho- SAVCHENKO, WHO WAS CAP- AMENDMENTS SUBMITTED AND lastic education; Whereas Catholic schools instill a broad, TURED BY RUSSIAN FORCES IN PROPOSED values-based education, emphasizing the life- EASTERN UKRAINE AND HAS SA 247. Ms. HEITKAMP (for herself and long development of moral, intellectual, BEEN HELD ILLEGALLY IN A Mr. TESTER) submitted an amendment in- physical, and social values in young people RUSSIAN PRISON SINCE JULY tended to be proposed by her to the bill S. 1, in the United States; 2014 to approve the Keystone XL Pipeline; which Whereas Catholic schools provide a high Mr. CARDIN (for himself and Mr. was ordered to lie on the table. level of service to the United States by pro- f viding a strong academic and moral founda- WICKER) submitted the following reso- tion to a diverse student population from all lution; which was referred to the Com- TEXT OF AMENDMENTS mittee on Foreign Relations: regions of the country and all socioeconomic SA 247. Ms. HEITKAMP (for herself backgrounds; S. RES. 52 and Mr. TESTER) submitted an amend- Whereas Catholic schools are an affordable Whereas Nadiya Savchenko is the first- ment intended to be proposed by her to option for parents, particularly in under- ever female fighter pilot in Ukraine’s Armed served urban areas; Forces and is an Iraqi war veteran; the bill S. 1, to approve the Keystone Whereas Catholic schools produce students Whereas, in the ongoing conflict in Eastern XL Pipeline; which was ordered to lie who are strongly dedicated to their faith, Ukraine, Nadiya Savchenko volunteered her on the table; as follows: values, families, and communities, by pro- services to the Ukrainian Aidar battalion; At the appropriate place, insert the fol- viding an intellectually stimulating environ- Whereas Nadiya Savchenko was elected in lowing: ment that is rich in spiritual, character, and absentia from the Batkivshchyna Party to SEC. ll. STUDY ON RESOURCES REQUIRED TO moral development; Ukraine’s Parliament in October 2014, and ENSURE SAFE TRANSPORTATION BY Whereas Catholic schools are committed to appointed to the Parliament Assembly of the PIPELINE AND RAIL OF PETROLEUM community service, producing graduates who Council of Europe (PACE) as a representa- PRODUCTS. hold ‘‘helping others’’ as a core value; tive from Ukraine; (a) STUDY REQUIRED.— Whereas the total student enrollment in Whereas, as a member of the Armed Forces (1) IN GENERAL.—The Secretary of Trans- Catholic schools in the United States for the of Ukraine, Lieutenant Nadiya Savchenko portation and the Administrator of Pipeline 2014–2015 academic year is almost 2,000,000 was conducting operations in eastern and Hazardous Materials Safety Administra- and the student-to-teacher ratio is 13.1 to 1; Ukraine against pro-Russian forces in the tion (PHMSA) shall conduct a study on the Whereas Catholic schools in the United summer of 2014 when she was captured and resources necessary to ensure the safe trans- States educate a diverse population of stu- taken into captivity; portation of crude oil, petroleum products, dents, of which 20.4 percent belong to racial Whereas, during her mission in Eastern natural gas, natural gas liquids, and related minorities, 15.9 percent are of Hispanic or Ukraine, she was captured by the Donbas products, including by rail and pipeline. The Latino origin, and 16.9 percent are non- People’s Militia, detained on Ukrainian ter- study shall focus on the following priorities: Catholics; ritory, deprived of rights to due process, and (A) Ensuring the safe transportation of Whereas the Catholic high school gradua- illegally transferred to the Russian Federa- crude oil, petroleum products, natural gas, tion rate in the United States is 99 percent, tion to stand trial on unsubstantiated natural gas liquids, and related products by with 87 percent of graduates attending a 4- charges of terrorism; rail and pipeline. year college; Whereas, since July 2014, Nadiya (B) Ensuring PHMSA has the necessary Whereas in the 1972 pastoral message con- Savchenko has endured involuntary psy- personnel and other resources, including ac- cerning Catholic education, the United chiatric evaluations and solitary confine- cess to new and emerging technologies, to States Conference of Catholic Bishops stat- ment; properly monitor and regulate the transpor- ed, ‘‘Education is one of the most important Whereas Nadiya Savchenko is currently tation of crude oil, petroleum products, nat- ways by which the Church fulfills its com- entering her sixth week of a hunger strike as ural gas, natural gas liquids, and related mitment to the dignity of the person and a symbol of her protest; products by rail and pipeline. building of community. Community is cen- Whereas Nadiya Savchenko is denied ac- (2) SCOPE.—The study required under this tral to education ministry, both as a nec- cess to urgently needed medical attention subsection shall include the following ele- essary condition and an ardently desired and access to legal counsel; ments: goal. The educational efforts of the Church, Whereas the Minsk Protocol of September (A) An examination of the current and pro- therefore, must be directed to forming per- 2014, signed by Ukraine and the Russian Fed- jected resources and personnel at the Depart- sons-in-community; for the education of the eration, calls for the ‘‘immediate release of ment of Transportation and PHMSA that are individual Christian is important not only to all hostages and illegally held persons’’; or will be dedicated to regulating, moni- his solitary destiny, but also the destinies of Whereas appeals have been made to the toring, and ensuring the overall safe trans- the many communities in which he lives.’’; United Nations Human Rights Council and portation of crude oil, petroleum products,

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.048 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE S608 CONGRESSIONAL RECORD — SENATE January 28, 2015 natural gas, natural gas liquids, and related AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without products by rail and pipeline. MEET objection, it is so ordered. (B) A determination of the appropriate COMMITTEE ON HEALTH, EDUCATION, LABOR, manpower personnel, resources, and funding COMMITTEE ON AGRICULTURE, NUTRITION, AND AND PENSIONS requirements for all Department and Admin- FORESTRY istration elements that do or are expected to Mrs. FISCHER. Mr. President, I ask Mrs. FISCHER. Mr. President, I ask play a significant role in regulating, moni- unanimous consent that the Com- unanimous consent that the Com- toring, and ensuring the overall safe trans- mittee on Agriculture, Nutrition, and mittee on Health, Education, Labor, portation of crude oil, petroleum products, Forestry, be authorized to meet during and Pensions be authorized to meet natural gas, natural gas liquids, and related the session of the Senate on January during the session on January 28, 2015, products by rail and pipeline. 28, 2015, at 4 p.m., in room SR–216 of the at 9:30 a.m., in room SD–430 of the (C) An assessment and description of the Dirksen Senate Office Building. personnel, resources, and funding needs for Russell Senate Office Building. The PRESIDING OFFICER. Without The PRESIDIING OFFICER. Without each State, and a description of the State, objection, it is so ordered. local, and tribal resources and personnel objection, it is so ordered. COMMITTEE ON HOMELAND SECURITY AND that are dedicated to performing the tasks COMMITTEE ON ARMED SERVICES GOVERNMENTAL AFFAIRS described in subparagraph (B). Mrs. FISCHER. Mr. President, I ask Mrs. FISCHER. Mr. President, I ask (D) The development and use of technology unanimous consent that the Com- unanimous consent that the Com- for each of the Department and Administra- mittee on Armed Services be author- tion elements involved in regulating, moni- mittee on Homeland Security and Gov- ized to meet during the session of the toring, or otherwise ensuring the overall safe ernmental Affairs be authorized to Senate on January 28, 2015, at 9:30 a.m. transportation of crude oil, petroleum prod- meet during the session of the Senate The PRESIDING OFFICER. Without ucts, natural gas, natural gas liquids, and re- on January 28, 2015, at 1:30 p.m. to con- lated products by rail and pipeline, including objection, it is so ordered. whether the elements need additional tech- duct a hearing entitled ‘‘Protecting COMMITTEE ON BANKING, HOUSING, AND URBAN America from Cyber Attacks: The Im- nological assets and how best to acquire AFFAIRS portance of Information Sharing.’’ needed additional technological assets. Mrs. FISCHER. Mr. President, I ask (b) REPORT.— The PRESIDIING OFFICER. Without unanimous consent that the Com- objection, it is so ordered. (1) IN GENERAL.—Not later than 180 days mittee on Banking, Housing, and after the date of the enactment of this Act, COMMITTEE ON INDIAN AFFAIRS Urban Affairs be authorized to meet and every 2 years thereafter, the Secretary Mrs. FISCHER. Mr. President, I ask during the session of the Senate on of Transportation and the PHMSA Adminis- unanimous consent that the Com- January 28, 2015, at 1:30 p.m in room trator, in conjunction with the heads of mittee on Indian Affairs be authorized other Federal agencies, as appropriate, shall SH–219 of the Hart Senate Office Build- to meet during the session of the Sen- submit to the appropriate congressional ing. ate on January 28, 2015, in room SD–628 committees a report on the study conducted The PRESIDING OFFICER. Without of the Dirksen Senate Office Building, under subsection (a). objection, it is so ordered. (2) CONTENT.—The report required under at 2:05 p.m., to conduct a hearing enti- COMMITTEE ON COMMERCE, SCIENCE, AND paragraph (1) shall include the following ele- tled ‘‘Indian Country Priorities for the TRANSPORTATION ments: 114th Congress.’’ (A) The findings of the study conducted Mrs. FISCHER. Mr. President, I ask The PRESIDIING OFFICER. Without under subsection (a). unanimous consent that the Com- objection, it is so ordered. (B) Input from other Federal agencies that mittee on Commerce, Science, and COMMITTEE ON THE JUDICIARY have any significant role in the safe trans- Transportation be authorized to meet Mrs. FISCHER. Mr. President, I ask portation of crude oil, petroleum products, during the session of the Senate on unanimous consent that the Com- natural gas, natural gas liquids, and related January 28, 2015, at 10 a.m. in room SR– mittee on the Judiciary be authorized products by rail and pipeline. 253 of the Russell Senate Office Build- (C) A description of any impending changes to meet during the session of the Sen- ing to conduct a hearing entitled, to regulations or policy that may have an ef- ate on January 28, 2015, at 10 a.m., in ‘‘Freight Rail Transportation: Enhanc- fect on personnel, resources, or funding or room SH–216 of the Hart Senate Office ing Safety, Efficiency, and Commerce.’’ that would otherwise impact the ability of Building, to conduct a hearing entitled The PRESIDING OFFICER. Without the Department and the Administration to ‘‘Attorney General Nomination.’’ meet the basic standards necessary to prop- objection, it is so ordered. erly monitor and regulate the transportation The PRESIDIING OFFICER. Without COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. of crude oil, petroleum products, natural gas, WORKS COMMITTEE ON SMALL BUSINESS AND natural gas liquids, and related products by Mrs. FISCHER. Mr. President, I ask rail and pipeline. ENTREPRENEURSHIP (D) Recommendations for enhancing safety unanimous consent that the Com- Mrs. FISCHER. Mr. President, I ask for the transport of crude oil, petroleum mittee on Environment and Public unanimous consent that the Com- products, natural gas, natural gas liquids, Works be authorized to meet during mittee on Small Business and Entre- and related products by rail and pipeline, the session of the Senate on January preneurship be authorized to meet dur- and what resources, personnel, and funding 28, 2015, at 9:30 a.m. in room SD–406 of ing the session of the Senate on Janu- would be required to implement such rec- the Dirksen Senate Office Building, to ommendations. ary 28, 2015, at 10:30 a.m., in room SR– conduct a hearing entitled, ‘‘The Im- 428A of the Russell Senate Office Build- (E) An explanation of why the Department portance of MAP–21 Reauthorization: or the Administration is not already imple- ing. menting any of such recommendations. Federal and State Perspectives.’’ The PRESIDIING OFFICER. Without (F) Recommendations for additional legis- The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. lation necessary to implement recommenda- COMMITTEE ON SMALL BUSINESS AND tions contained in the report. COMMITTEE ON FINANCE ENTREPRENEURSHIP (c) APPROPRIATE CONGRESSIONAL COMMIT- Mrs. FISCHER. Mr. President, I ask Mrs. FISCHER. Mr. President, I ask TEES DEFINED.—In this section, the term unanimous consent that the Com- unanimous consent that the Com- ‘‘appropriate congressional committees’’ mittee on Finance be authorized to mittee on Small Business and Entre- means— meet during the session of the Senate (1) the Committee on Commerce, Science, preneurship be authorized to meet dur- and Transportation, the Committee on on January 28, 2015, at 11 a.m. in room ing the session of the Senate on Janu- Homeland Security and Governmental Af- SD–215 of the Dirksen Senate Office ary 28, 2015, at 2 p.m. fairs, the Committee on Energy and Natural Building. The PRESIDIING OFFICER. Without Resources, the Committee on Finance, and The PRESIDING OFFICER. Without objection, it is so ordered. the Committee on Appropriations of the Sen- objection, it is so ordered. SPECIAL COMMITTEE ON AGING ate; and COMMITTEE ON FOREIGN RELATIONS Mrs. FISCHER. Mr. President, I ask (2) the Committee on Energy and Com- Mrs. FISCHER. Mr. President, I ask unanimous consent that the Special merce, the Committee on Natural Resources, the Committee on Homeland Security, the unanimous consent that the Com- Committee on Aging be authorized to Committee on Ways and Means, and the mittee on Foreign Relations be author- meet during the session of the Senate Committee on Appropriations of the House ized to meet during the session of the on January 28, 2015, at 2:30 p.m. in of Representatives. Senate on January 28, 2015, at 9:45 a.m. room S–211 of the Capitol Building.

VerDate Sep 11 2014 03:45 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A28JA6.053 S28JAPT1 SSpencer on DSK4SPTVN1PROD with SENATE January 28, 2015 CONGRESSIONAL RECORD — SENATE S609 The PRESIDIING OFFICER. Without The PRESIDING OFFICER. The the Senate will pass this resolution objection, it is so ordered. clerk will report the resolution by celebrating Catholic Schools Week. f title. Mr. HOEVEN. Mr. President, I ask The legislative clerk read as follows: unanimous consent that the resolution PRIVILEGES OF THE FLOOR A resolution (S. Res. 51) recognizing the be agreed to, the preamble be agreed Mrs. SHAHEEN. Mr. President, I ask goals of Catholic Schools Week and honoring to, and the motions to reconsider be unanimous consent that Ariel Marshall the valuable contributions of Catholic laid upon the table with no intervening and Kelley Sparrow, fellows in my of- schools in the United States. action or debate. fice, be granted the privilege of the There being no objection, the Senate The PRESIDING OFFICER. Without floor for the first session of the 114th proceeded to consider the resolution. objection, it is so ordered. Congress. Mr. VITTER. Mr. President, I rise The resolution (S. Res. 51) was agreed The PRESIDING OFFICER. Without today in honor of Catholic schools to. objection, it is so ordered. across our Nation who provide our chil- The preamble was agreed to. Ms. MURKOWSKI. Mr. President, I dren with an outstanding education (The resolution, with its preamble, is ask unanimous consent that Kayla while preparing them to lead lives in printed in today’s RECORD under ‘‘Sub- Dolan, a staff member on the staff of the example of Jesus Christ. This year, mitted Resolutions.’’) Senator TILLIS, be granted floor privi- we mark the 41st year of celebrating leges for the remainder of this Con- Catholic Schools Week, shedding light f gress. on the extraordinary contributions ORDERS FOR THURSDAY, The PRESIDING OFFICER. Without these schools and their students make JANUARY 29, 2015 objection, it is so ordered. to communities across the country. Mr. HOEVEN. Mr. President, I ask f This year’s theme, ‘‘Catholic Schools: Communities of Faith, Knowl- unanimous consent that when the Sen- CONGRATULATING THE OHIO edge, and Service,’’ provides a solid ate completes its business today, it ad- STATE UNIVERSITY FOOTBALL representation of the mission of these journ until 9:30 a.m., tomorrow, Thurs- TEAM FOR WINNING THE 2015 schools in educating the whole person day, January 29. I ask that following COLLEGE FOOTBALL PLAYOFF and forming our children into respon- the prayer and pledge, the morning NATIONAL CHAMPIONSHIP sible stewards ready to take on the hour be deemed expired, the Journal of Mr. HOEVEN. Mr. President, I ask challenges of the future. Today, more proceedings be approved to date, and unanimous consent that the Senate than 2 million children are educated in the time for the two leaders be re- proceed to the immediate consider- Catholic schools in the United States. served for their use later in the day; ation of S. Res. 50, which was sub- Ninety-nine percent of them graduate and that the Senate then be in a period mitted earlier today. from high school and 85 percent pursue of morning business for 1 hour, with The PRESIDING OFFICER. The post-secondary education. Such a rate Senators permitted to speak therein clerk will report the resolution by of success is a great testament to the for up to 10 minutes each, with the title. quality of our Catholic schools and Democrats controlling the first half The legislative clerk read as follows: their educators. and the Republicans controlling the A resolution (S. Res. 50) congratulating As an alumnus of a Catholic school in final half; and that following morning The Ohio State University football team for New Orleans, I have firsthand experi- business, the Senate then resume con- winning the 2015 College Football Playoff na- ence of the benefits of receiving a sideration of S. 1 under the previous tional championship. Catholic education. These schools are order. There being no objection, the Senate devoted to nurturing the young minds The PRESIDING OFFICER. Without proceeded to consider the resolution. that pass though their halls each year, objection, it is so ordered. Mr. HOEVEN. I further ask unani- instilling in them the values necessary f mous consent that the resolution be to become active and caring members agreed to, the preamble be agreed to, of their communities, cities, and Na- PROGRAM and the motions to reconsider be con- tion. In the words of Pope Francis, Mr. HOEVEN. Tomorrow there will sidered made and laid upon the table ‘‘[o]ur generation will show that it can be two stacks of votes on the Keystone with no intervening action or debate. rise to the promise found in each young bill. Senators should expect up to seven The PRESIDING OFFICER. Without person when we know how to give them votes shortly after 11 a.m., and then an objection, it is so ordered. space. This means that we have to cre- additional four or five votes at 2:30 The resolution (S. Res. 50) was agreed ate the material and spiritual condi- p.m. to. tions for their full development; to The preamble was agreed to. give them a solid basis on which to f (The resolution, with its preamble, is build their lives; to guarantee their ADJOURNMENT UNTIL 9:30 A.M. printed in today’s RECORD under ‘‘Sub- safety and their education to be every- mitted Resolutions.’’) thing they can be.’’ TOMORROW f During the week of January 25 to Mr. HOEVEN. Mr. President, if there January 31, let us recognize the stead- is no further business to come before RECOGNIZING THE GOALS OF fast commitment of the administra- the Senate, I ask unanimous consent CATHOLIC SCHOOLS WEEK tors, teachers, students, and families, that it stand adjourned under the pre- Mr. HOEVEN. Mr. President, I ask who support Catholic schools across vious order. unanimous consent that the Senate the United States, and appreciate their There being no objection, the Senate, proceed to the consideration of S. Res. efforts to educate the youth of our Na- at 7:01 p.m., adjourned until Thursday, 51, submitted earlier today. tion. In that respect, I am hopeful that January 29, 2015, at 9:30 a.m.

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