Senate the Senate Met at 9:30 A.M

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

Vol. 159 WASHINGTON, THURSDAY, AUGUST 1, 2013 No. 113 Senate The Senate met at 9:30 a.m. and was ator from the State of Hawaii, to perform RECOGNITION OF THE MINORITY called to order by the Honorable BRIAN the duties of the Chair. LEADER SCHATZ, a Senator from the State of PATRICK J. LEAHY, President pro tempore. The PRESIDING OFFICER. The Re- Hawaii. publican leader is recognized. Mr. SCHATZ thereupon assumed the PRAYER chair as Acting President pro tempore. f The Chaplain, Dr. Barry C. Black, offered the following prayer: f COMMENDING DAVID J. SCHIAPPA Let us pray. Mr. MCCONNELL. Mr. President, this Eternal Lord God, the source of our RECOGNITION OF THE MAJORITY morning I wish to say a few words life, You are high above all, yet in all. LEADER about somebody who will not be around Keep us from becoming weary in doing The ACTING PRESIDENT pro tem- when we get back after the recess. what is right, as You use us for Your pore. The majority leader is recog- After nearly 30 years of service, Dave instruments in these challenging nized. Schiappa is hanging up his cleats. Dave times. Empower our Senators to bring Mr. REID. Mr. President, I suggest is not exactly a household name. I Your freedom to those shackled by the absence of a quorum. think he likes it that way, but there is fear. Help them to lift the burdens that The ACTING PRESIDENT pro tem- no question to those who work here are too heavy for people to carry. pore. The clerk will call the roll. day in and day out that nobody is more Lengthen their vision that they may The assistant legislative clerk pro- essential to the running of this place see beyond today and make decisions ceeded to call the roll. than Dave. To the extent we get any- that will have an impact for eternity. Mr. REID. Mr. President, I ask unan- thing done around here, it is largely And, Lord, in a special way, bless imous consent the order for the because of Dave. To the extent we are Dave Schiappa, as he prepares to tran- quorum call be rescinded. not getting into shouting matches and sition to new vocational opportunities. The PRESIDING OFFICER. Without food fights the rest of the time, well, Thank You for his decades of faithful objection, it is so ordered. that is largely thanks to Dave too. He service for You and country on Capitol has been the glue and he has been the grease that keeps this place func- Hill. Be gracious to him and his family. f We pray in Your loving Name. Amen. tioning and we are really going to miss f him. SCHEDULE As Secretary for the Republican ma- PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, following jority and minority under three dif- The Presiding Officer led the Pledge leader remarks the Senate will be in ferent leadership offices, Dave has been of Allegiance, as follows: morning business until 11 o’clock this the eyes and ears on the floor for Re- I pledge allegiance to the Flag of the morning. The time until then will be publican leaders going back more than United States of America, and to the Repub- equally divided and controlled between a decade. He has also been our chief lic for which it stands, one nation under God, the majority leader and the Republican diplomat to the other side. He has an- indivisible, with liberty and justice for all. leader. swered a million questions from all of f At 11 the Senate will proceed to exec- us at all hours, always with the same APPOINTMENT OF ACTING utive session to consider the Chen tact, wicked sense of humor, and sharp PRESIDENT PRO TEMPORE nomination to be a U.S. circuit judge mind that has made him not just an infor the Federal circuit. Also, at 11 dispensable help to our conference but The PRESIDING OFFICER. The there will be a filing deadline for all also the kind of guy we just like having clerk will please read a communication second-degree amendments to the around this place. I know I am speak- to the Senate from the President pro Transportation bill. ing for everybody when I say that. tempore (Mr. LEAHY). At noon there will be two rollcall When I announced Dave’s departure The assistant legislative clerk read votes on confirmation of Chen and clo- to the leadership team earlier this the following letter: ture on the THUD bill. Following those week, the entire room, Senators and U.S. SENATE, votes, the Senate will recess until 2 staff, erupted in applause. I assure you PRESIDENT PRO TEMPORE, p.m. for a bipartisan caucus meeting. it was not because folks were glad to Washington, DC, August 1, 2013. To the Senate: This afternoon there will be a rollcall see him go. There is just nobody you Under the provisions of rule I, paragraph 3, vote on the confirmation of the Power would rather be with, in a foxhole or of the Standing Rules of the Senate, I hereby nomination to be Ambassador to the just killing time on the Senate floor, appoint the Honorable BRIAN SCHATZ, a Sen- United Nations. than Dave.

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

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VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.000 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6142 CONGRESSIONAL RECORD — SENATE August 1, 2013 Dave had a pretty illustrious career pected that Dave is the exception. I thus earning the respect of Republican and before he got the big office up on the guess we will soon find out. Democratic Senators alike, as well as their third floor. Prior to joining the Senate Dave, thanks for all you have done staffs; and as a cloakroom assistant at the tender for all of us and for your devotion to Whereas, his good humor, storytelling abil- age of 21, legend has it he did stints as the institution. I know how much the ity, and easy-going manner have made him a bartender—that was while he was in an invaluable member of the Senate family: Senate means to you personally and we Now, therefore, be it college—and as a hot dog vendor out on all appreciate how much you have the National Mall during summers in Resolved, That the Senate expresses its ap- given to it over the years. Some folks preciation to David Schiappa and his family high school. As far as I know, these are complain about the hours and the un- and commends him for his outstanding and the only two jobs outside the Senate predictable schedule around here, but faithful service to the Senate. Dave has ever had. Somehow they Dave has us all beat. He is not only The Secretary of the Senate shall transmit turned out to be great preparation for here whenever we are, he is here after a copy of this resolution to David J. this place. I am not exactly sure why the lights go out, finishing up the busi- Schiappa. that is, but I am sure we could all come ness of the day, sending out e-mails, There being no objection, the Senate up with some interesting theories tying up loose ends or ‘‘loose tarps,’’ as proceeded to consider the resolution. about that. he might put it. We are all glad you Mr. MCCONNELL. I ask unanimous So Dave came here right out of col- will finally have a little predictability consent the resolution be agreed to, lege, back when there were no cameras in your life. the preamble be agreed to, the motions on the floor, just a radio. His job back Which brings me to my last point to reconsider be laid on the table with then was basically to perform the role which is almost, actually, the most im- no intervening action or debate. of play-by-play announcer, telling of- portant. Nobody who has a family can fices what was happening out here on handle this place without an under- Mr. REID. I object. the floor, matching the voices with standing spouse. So I want to thank (Laughter.) names, and just letting everybody Cheryl for putting up with this place I will withdraw my objection. know where things stood at all times. I over the last 23 years. Dave tells the The PRESIDING OFFICER. Without wanted to have a poster out here with story that early on in their marriage, objection, it is so ordered. a photo of Dave from those days, but Cheryl got Dave tickets to a show at The resolution (S. Res. 212) was all the photos have mysteriously some- the Kennedy Center for his birthday. agreed to. how disappeared. Someone suggested it When he called to tell her something might have something to do with the had come up and he couldn’t make it, The preamble was agreed to. fact that Dave sported a pretty serious she didn’t know what he was talking The ACTING PRESIDENT pro tem- eighties mustache back then. Maybe about. Dave explained that he was pore. The majority leader is recog- Cheryl can dig up that good photo from stuck and there just wasn’t anything nized. the family collection. he could do about it; it is just how the Mr. President, when I learned David In 1994, Dave moved out of the cloak- Senate works. It was the last time she Schiappa was going to leave, I had a room and onto the floor as Republican questioned his job or his schedule. brief conversation with him at the floor assistant. Two years after that, So as much as I am here to thank back of the Chamber. I am not very he was named Assistant Secretary for Dave today, I want to thank Cheryl. I much for being emotional, but if ever the majority and 2 weeks before 9/11, in want Cheryl to know we are grateful to there was a time I felt like shedding a August 2001, Senator Lott named him her for all the sacrifices she has made tear, it was when I said goodbye to Secretary for the majority. Since then, over the years for Dave and their fam- Dave Schiappa. the two parties have swung back and ily. ‘‘Parting is such sweet sorrow,’’ and forth a couple of times, but Dave has Ask Dave why he has been here so it really is. It is from Shakespeare: been one of the constants—smoothing long and he will tell you it is the peo- ‘‘Good night, good night! Parting is such out all the rough edges during a thou- ple, but the truth is Dave is one of the sweet sorrow.’’ sand legislative fights, providing indis- best this place has ever seen. I have no pensable strategic advice to me and to doubt about it. And it really is. the rest of our conference, and just Dave, on behalf of the entire Senate If you are looking for someone who is generally keeping everybody on both family, thanks for everything. You will a true Washington insider, you need sides informed of everything that is be missed. look no further than Dave. He was ac- going on out here. I see my friend the majority leader. tually born in Washington, DC, and for It is not easy. It is not easy telling Let me call up a resolution before his a quarter of a century he has made the Senators they will not get an amend- comments and then we will move on. trains run on time in the Republican ment they have been fighting for or f cloakroom. For 13 of those years he that they have to wait. But Dave has served as the Republican secretary. He always had the perfect temperament COMMENDING DAVID J. SCHIAPPA has been the secretary, as the Repub- for that job. Mr. MCCONNELL. Mr. President, I lican leader mentioned, when the Re- Nobody on Earth—nobody—knows ask unanimous consent the Senate pro- publicans held the majority and the more about Senate precedent and proceed to the immediate consideration of minority. cedure than Dave Schiappa, and no- S. Res. 212 and for the clerk to read the Regardless of who controlled this body wears their knowledge and skill resolution. Chamber, my observation was that he more lightly. The legislative clerk read as follows: has always managed the floor with in- So we are going to miss him a lot. We A resolution (S. Res. 212) commending tegrity and an even temper. He has will all miss his ‘‘Davisms,’’ whether David J. Schiappa: been a real pleasure to work with. he is reporting that some Senator just S. RES. 212 When Gary, his counterpart, wasn’t showed up in the cloakroom ‘‘in a around, I would go to Dave and ask three-point stance’’ or that the week is Whereas, David Schiappa has loyally served the Senate for 29 years, his entire pro- him questions. I never had any concern shaping up to be a ‘‘nothing burger.’’ fessional career, starting in the Senate in about the answer because he would al- Those are Davisms. December 1984; He will take some secrets, hopefully, ways tell me the truth. Sometimes I Whereas, David Schiappa grew up in Mary- didn’t like to hear the truth, but he with him. It will forever remain a mys- land and graduated from DaMatha Catholic was always very forthright and candid. tery, for example, how Dave stuffs all High School, the University of Maryland, of those cards into his suit coat pocket. and Johns Hopkins University; No matter how bad things got on the Ask Dave a question about anything Whereas, David Schiappa rose through all floor between Members, Dave and his and he will have the answer written on the positions in the Republican Cloakroom Democratic counterpart Gary Myrick finally serving as either Secretary for the some card inside his coat. The secrets were always looking for a path for- Majority or Secretary for the Minority for ward. Gary Myrick has been so impor- of the Senate are contained on those the last three Republican Leaders; cards. Whereas, David Schiappa has at all times tant to this body, along with Dave. They say there are no indispensable discharged the duties of his office with great How these staff members love their men, though many of us have long sus- dedication, diligence, and sense of service, jobs. I try to tell people about my staff,

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.001 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6143 and about the Senate staff in general. that is my middle name—happiness. I ing schedule demanded by Senate They do this because it is public serv- mean it when I say: Parting is such hours, which for Dave often stretches ice. He has put in 20 years—longer than sweet sorrow. well before and well after when the 20 years. He is 50 years old and moving (Applause, Senators rising.) Senate is actually in session. We owe on to another career. I understand his Mr. HATCH. Mr. President, I am both Dave’s family an enormous amount of doing that for himself and his family. saddened and heartened by the depar- gratitude for the time demands that Gary Myrick has been my chief of ture of Dave Schiappa from the Senate the Senate has placed on them. staff. He ran my office. He loved this family. I am going to miss Dave Schiappa, as floor very much. This was always his I share the sadness felt on both sides will the entire Senate as a collection of dream job even though on paper he was of the aisle that the Senate is going to people and as an institution which a big shot by being the Democratic lose a valuable, dedicated, and inspir- Dave has nurtured and preserved. leader’s chief of staff, but that is not ing resource. what he wanted to do. He wanted to I am heartened to know, without f come to the Senate floor where he was doubt, that Dave will move on to pur- suits in which everyone around him raised in his employment. He knew this COMMENDING ROHIT KUMAR was the job that he wanted, and he told will benefit from his productive pres- me that. I arranged things so he would ence. I am heartened to think, also, Mr. REID. Mr. President, in addition come and be the secretary to the ma- that his family might be able to see to David leaving, Rohit Kumar is also jority here. him a bit more often. leaving. I don’t know what he did for Gary Myrick and David Schiappa Dave’s work in the Senate involves a Senator MCCONNELL, but most of the were literally always looking for a way challenging schedule, often involving time I didn’t like it. But I learned in forward. They sorted through what I brutal hours. He is often here morning, our conversations, most of them in the wanted, what the Republican leader noon, and night—and sometimes over- back room, what a fine man he is and wanted, and what Members wanted. night—helping to ensure that the Sen- how smart he is. He is incredibly intel- They didn’t always arrive at the con- ate operates. With Dave at the helm, ligent, he is good at his job and, as I clusion the Republican leader or I the operations are smooth, predictable, have just indicated, a little too good wanted because sometimes that wasn’t and disciplined. When things go sometimes. possible, but they worked through long smooth, as they normally do with Dave Even though we at times knew what hard days—and even longer nights—as around, rest assured that much of that was happening was happening because well as holidays and birthdays. He has is the direct cause of Dave’s tireless he was behind it, I am really sorry to a friendly demeanor—Gary is not near- work and devotion. see him leave the Senate. He is a good ly as friendly as Dave but is just as ef- Amazingly, with all of his tireless de- person. I admire him and have such fective. votion, Dave always has a positive and great respect for him. I wish him suc- They worked so well together. They uplifting disposition, and is always a cess and happiness in his next endeav- are a team. Some day, when the his- pleasure to be around. Whether it is or. tory of this institution is written, they idle friendly chat, or discussions of He has a beautiful young daughter will have to talk about these two good Senate-rule intricacies, discourse with that he boasts about all the time, and men who made this place work through Dave always leaves you in a better rightly so. He and his wife Hillary, I some of the most difficult times this place. am confident, will have a very pleasant body has ever seen. As Leaders MCCONNELL and REID and life outside the Senate, even though we He will be missed by Democrats and many others have attested, Dave al- will all miss him. Republicans alike, and that is the ways tells you the truth and is a truth. straight-shooter, whether you like it or f In all of the times we talked—and we not. He tells the truth to any Senator talked about important things most of on the floor, no matter what side of the the time. I understand he and Gary aisle. That is what has helped the Sen- MORNING BUSINESS have been working together since the ate work smoothly for the many years Mr. REID. Would the Chair announce 1980s, and they are supposedly great Dave has been at the steering wheel on the business of the day. storytellers—one and all. They have our side. The ACTING PRESIDENT pro tem- been known to talk for hours on end. Dave’s tenure in the Senate began al- pore. Under the previous order, the They would disappear, and when Gary most 30 years ago when he began work- Senate will be in a period of morning came back, we would ask: What did you ing in the cloakroom. Since those ear- business until 11 a.m. with the time talk about? And Gary would say—and I lier days, he has moved up the ranks to equally divided and controlled between want to make sure I get this right—‘‘I be one of the few people around here the two leaders or their designees, with have no idea.’’ But that was only a way who understands all of the intricacies Senators permitted to speak for up to of covering for both of them because of the Senate, and he uses that under- 10 minutes each. they were so candid and forthright standing to help all of us and to make The PRESIDING OFFICER. The Sen- with each other. They always have this place work. Dave is ending his il- ator from Tennessee. been, and they would never ever di- lustrious Senate career with more Sen- vulge anything I was doing or going to ate years under his belt than most Sen- f do or anything Leader MCCONNELL was ators he works with on the floor. Dave Schiappa has been a true treas- going to do or had done. They were ab- TRIBUTE TO DAVID SCHIAPPA solutely confidential in their commu- ure for me, for the Senate, and for the nications with each other. That is how American people. The Senate is losing Mr. ALEXANDER. Mr. President, I they trusted each other. So when Gary a valuable resource, and I am sad to see thank the majority leader and the Re- said, ‘‘I have no idea,’’ he knew every him go. I, and I am sure all of my col- publican leader for what they expressed idea, but he wasn’t going to tell me leagues, wish Dave and his family all about David Schiappa. We rank-and- what they talked about. the very best, and I am confident that file Senators feel the same way on both They are two such fine men. Even in whatever Dave chooses in his future sides of the aisle. though there were difficult situations endeavors, we will continue to see I was reminded that the late Alex where they found themselves forced to nothing but the very best from him. Haley, the author of ‘‘Roots,’’ once talk, I am sure time passed quickly be- When people talk about America’s said: ‘‘When an old person dies, it’s like cause they are such good people. best and brightest, they refer to folks a library burning down.’’ Dave is nei- I know David will be successful at like Dave who is truly one of our best ther old nor dying, but there is some whatever he does. I congratulate him and brightest. similarity in what is happening. With and thank him for three decades of val- In addition to thanking Dave for his his leaving after 30 years, a number of ued service to the United States Senate counsel, camaraderie, guidance, and volumes from the Senate library are and to our country. hard work, I also would like to give going out the door. We won’t have that I wish him, his wife Cheryl, and his sincere thanks to Dave’s wife and fam- wisdom, that experience, or that children Aly and Mason—by the way, ily. They have endured the often-gruel- knowledge that has been so valuable to

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It was all aimed at trying I had a chance to work with Dave at dered. to distract the American people from the request of Senator MCCONNELL at f the health care train wreck that is the beginning of the last two Con- coming. gresses to work on the Senate rules. In OBAMACARE working with Dave and with Gary, Mr. BARRASSO. Mr. President, According to the Associated Press, at what I found was they were rep- many of us will be leaving in the next least $684 million will be spent nation- resenting our point of view, but they day or so and heading to States across ally on publicity, marketing, and ad- also had such a love of the institution, the country. As we travel across our vertising for the law. The Washington they wanted to make sure whatever we States, we will be listening to our con- Post found that the States will be run- came up with enhanced it, strength- stituents and hearing what is on their ning ads not just on TV and radio—and ened it, and didn’t destroy it. minds. you are not going to believe this—they We wish Dave the best. We have ad- One of the things I hear about every are also putting slogans on coffee cups, mired his service and his friendship, weekend in Wyoming is that people are on airplanes flying banners across and we hope that over the next few concerned about the President’s health beaches, and even, believe it or not, on years he will allow us to bring those care law, and specifically how the law portable toilets at a cost of nearly $700 volumes of wisdom, knowledge, and ex- affects their lives, their families, and million. It is a windfall for advertising perience back because occasionally we their jobs. People all across Wyoming— agencies and a hard sell for hard-work- may need to read them. and I believe all across the country— ing taxpayers. I yield the floor. are angry. They are angry that the The administration is picking the The ACTING PRESIDENT pro tem- White House is unfairly giving employ- pockets of the American people for ad- pore. The Senator from Mississippi. ers a 1-year delay in the mandate to vertising while the health care law is Mr. COCHRAN. Mr. President, I am offer insurance but did not delay the shrinking the paychecks of the people very pleased to be able to join my col- individual mandate that says every who can only find part-time work. leagues in wishing Dave Schiappa well American must buy or hold Wash- in his next adventure in life, and I ington-approved insurance. For many Speaking of part-time workers, I know he will be successful and also of these people this is very expensive wish to talk about a new story that is build upon his knowledge and experi- insurance. out that demonstrates the height of ence here in the Senate. I know his Instead of granting a permanent hypocrisy surrounding the President’s contributions will continue, and it will delay or helping all Americans, Presi- health care law. Frankly, the story is be a pleasure to continue to follow dent Obama and his supporters are try- so outrageous that it is one of those Dave in his career, noncareer, or long ing to convince the American people things a person can’t make up. The vacation. Whatever he chooses to do that this health care law is working headline of the article reads ‘‘Half of will be happy and rewarding as has his fine. Once again, the Obama adminis- Affordable Care Act call center jobs tenure here in the Senate. tration is lecturing the American peo- will be part-time.’’ Here are the de- No one is more respected or more ap- ple instead of listening to the Amer- tails. preciated than David Schiappa. So is it ican people. They think if they give The article is about a new call center a sad day, in many ways, to see him more speeches and deliver more sales in Contra Costa County, CA. This is leave, but a happy one to know he is pitches the American people will fi- part of the effort to have so-called going to begin a new era. We will watch nally like this law. It is not going to navigators who will answer Americans’ him closely and stay in touch with him happen. questions about the health care law. and continue to appreciate him Look at how far the Obama adminis- The call center ran ads for more than throughout his career. tration is willing to go with its latest 200 jobs that said all of these jobs I yield the floor. sales pitch. Last week CNN reported would be full time. That is what people The ACTING PRESIDENT pro tem- the administration called together a are looking for in America—full-time pore. The Senator from Wyoming. bunch of Hollywood celebrities to help jobs, full-time work. But once the new Mr. BARRASSO. Mr. President, I convince young Americans to buy ex- workers started training, some of them would like to add to the comments. In pensive health coverage. The youth of got a different story. They found out Wyoming we have what is called the America are not going to fall for it. that they would actually be part-time code of the West. While Dave Schiappa Even though many of these Hollywood employees with no health benefits. may be the man of Washington, he stars are great actors who always re- abides by the code of the West. There member their lines, young Americans Let me emphasize that point. Even are 10 points, and I won’t name them understand that ObamaCare is the the ObamaCare navigators are not all, but it is to live each day with cour- wrong script for America. Even though going to be covered by the health care age, take pride in your work—and we some of these stars deliver funny jokes law and are not going to be provided see that year after year—do what needs on ‘‘Saturday Night Live,’’ they are health care. Even some of the naviga- to be done, if you make a promise, keep about to find out that this health care tors will not know how they can get af- it. We also say ride for the brand. law is no laughing matter. fordable health care coverage even Finally, we say—and this really ap- In fact, Americans of all ages believe though they are the ones who are supplies to David—it is: Speak less and say the law is unworkable, unaffordable, posed to be giving advice to Americans. more. When he speaks, we all listen, and deeply unpopular. They are also Some navigators are being forced to just like the old EF Hutton commer- finding out it is unfair, and that is work part time because the company cial. But he does epitomize what we what CBS found out last week. They cannot afford to provide the expensive look to in terms of leadership, and his did a poll. They found that 54 percent government-mandated, government-ap- guidance has been so wonderful for all of Americans disapprove of the law. proved insurance they are supposed to of us. So I wanted to rise from the West They also found that only 13 percent of teach others how to get. It turns out to say that David Schiappa has done a the people say the law will actually the ObamaCare navigators need their remarkable job for all of us, both par- help them personally. Three times as own ObamaCare navigators. ties, and a wonderful job for this coun- many Americans in the poll believe the The article even quotes one worker try. law will hurt them personally. Three saying, ‘‘What’s really ironic is work- I yield the floor. times as many people believe the law ing for a call center and trying to help The ACTING PRESIDENT pro tem- will hurt them personally than the peo- people get health care, but we can’t af- pore. The clerk will call the roll. ple it will help. So over the next couple ford it ourselves.’’ That is what this

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.006 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6145 administration has done to this coun- big part of the President’s health care very contentious. That hands-on ap- try. I don’t call that ironic; I call it law was to force people onto Med- proach is emblematic of David’s leader- outrageous. icaid—a program that is not working ship—leadership that has meant so So the question is, Who are the navi- already. much to my work in the Senate and to gators going to call for help and how The President should listen to what me personally. are they going to answer Americans’ Americans have to say about how hard questions when many of them don’t it is to keep their current coverage. At the end of this week, when David know how they are personally going to And the President should listen to Lyles retires from the Senate, we are be able to afford the health care cov- what the American people have to say going to miss his passion, his dedica- erage the government and the Presi- about trying to make ends meet on a tion, his South Carolina maxims, his dent of the United States mandate part-time salary—a part-time salary encyclopedic knowledge of the Senate, they have? because of the health care law, because Civil War history, and also his vast The bad news is this story is only one of the incentives of the health care law knowledge of the best bicycling routes of many new examples of hypocrisy re- to knock down employees’ work hours in Northern Virginia. cently surrounding the President’s to less than 30. Nearly all of David’s professional life health care law. Week after week we Then the President should come back have seen labor unions—one after an- has been in public service, and nearly to Washington after he actually lis- all of that service has been spent with other—that originally supported the tens, not lectures, and sit down with the aim of strengthening our Nation’s law now express concerns about how Congress—Republicans and Democrats security and honoring our commit- the health care law will impact their working together—and work on real so- members’ access to care. Late last lutions that will give Americans what ments to the men and women of our week we even heard from something they wanted in the first place with military. Of more than 30 years of Sen- called the National Treasury Employ- health care. Americans want the care ate service, most has been spent with ees Union. It is important to know that they need from a doctor they choose at the Armed Services Committee, first as this union represents most of the IRS lower cost. These are the things that a professional staff member, then as workers—the 100,000 IRS workers—who have not been provided under the deputy staff director, and from 1997 to are going to be enforcing the health health care law. 2003 as director of the Democratic staff, care law. What about these IRS work- Remember what NANCY PELOSI said: before agreeing to serve as my chief of ers? What are they saying? Well, it First we have to pass it to find out staff in my personal office. turns out the IRS employee union said what is in it. The American people now He also served earlier with the Sen- they are very concerned they might ac- know more and more what is in this tually have to buy their own health in- ate Appropriations Committee, as a ci- health care law, which is why it is even vilian member of the Pentagon staff. surance in the exchanges, just as other less popular today than it was the day and as staff director of the 1995 Base Americans will. These are the exact it passed and why; for every American Realignment and Closure Commis- same IRS agents who will collect mas- who thinks they will be helped by the sive amounts of data—personal data— health care law, three Americans be- sion—a difficult and at times thankless on people’s individual lives and their lieve their lives will be made worse by job that was nonetheless of major im- health care choices. They will inves- the law forced through this body. portance to our Nation. tigate whether people have the right Thank you, Mr. President. I yield the His Armed Services Committee ca- coverage. They will apply the tax pen- floor and note the absence of a quorum. reer even encompassed some of the alties to anyone who doesn’t. These are The ACTING PRESIDENT pro tem- most significant national security the agents who now say they want no pore. The clerk will call the roll. challenges of our time: the end of the part of the health care law’s exchanges The assistant legislative clerk pro- Cold War, the Persian Gulf war, the for themselves. They actually have ceeded to call the roll. 2001 terrorist attacks, the wars in Iraq sample letters the union has sent to Mr. LEVIN. Mr. President, I ask and Afghanistan, as well as the im- the IRS agents to send to Members of unanimous consent that the order for mense technological changes and Congress to say: I am one of your con- the quorum call be rescinded. stituents, and we don’t want it to apply The ACTING PRESIDENT pro tem- major budget challenges we have faced to us, and we want to hear back. pore. Without objection, it is so or- during his years here. This health care law is bad for all dered. I have asked David twice to change Americans. Each of those stories dem- f jobs: first in 1997 when I asked him to onstrates again that the President’s TRIBUTE TO DAVID LYLES leave a brief stint in the private sector health care law is fundamentally bro- to serve as Democratic staff director ken. Instead of spending the rest of the Mr. LEVIN. Mr. President, if you on the Armed Services Committee and, come to my office in the Russell Build- summer trying to sell an expensive second, when I asked him to give up failing product, the President should ing, you will usually be greeted by one that position to join my personal office simply listen. He should listen to of the young and eager staffers who as the chief of staff. young people who are about to see welcome visitors and answer the their premiums soar. He should listen phones at the front desk. Every once in I made these requests because I value to ObamaCare navigators who can’t a while, you will find, instead, someone his judgment, his knowledge, and his find affordable health care. He should with a little more experience—my chief integrity, because I know of his love listen to the IRS agents who enforce of staff, who has now about 30 years of and his respect for this institution. the law and who don’t want to live Senate service in fact. When new staffers join our office, under the law. He should listen to the David Lyles often takes time to sit David will usually walk them down to American people and what they have to at the front desk and to answer phone the Senate floor, bring them to the say about the high costs of their health calls—not during the slower, easier staff benches behind me along the insurance coverage. He should listen to days of a summer recess, but always, walls, give them a chance to see in per- what Americans have to say about how instead, when the constituent calls are son what most have only seen on C– hard it is to find a doctor who will take the hottest and the heaviest. It is his SPAN and to share some of the mix of care of them. way of staying connected to the flow of excitement and responsibility that Front-page story: So many people on feedback coming into the office and of David still feels when he comes to this Medicare cannot get a doctor to take letting the staff know that everybody, floor. care of them. Why? Because of the from the most experienced staffer to health care law. Twenty percent of the most recent college graduate, is re- David once told a reporter for the family physicians in this country—this sponsible for responding to the people Washington Post, ‘‘I’ve always felt story was reported in the Wall Street we all serve. But it is also his way of that anonymity was the key to job se- Journal—20 percent of family physi- providing some relief to the pressure curity.’’ Well, I am sorry to blow his cians are not taking new Medicare pa- these young new staffers are under— cover, but David’s outstanding career tients. Thirty-three percent are not particularly when answering the phone is worthy of public praise. He has taking new Medicaid patients. But a calls at various times when issues are served the American people and the

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.008 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6146 CONGRESSIONAL RECORD — SENATE August 1, 2013 Senate with great distinction. He has Schiappa, who has been here for 28 We know there are many people in helped protect the men and women in years, makes a move on to another life. the middle class, hard-working Ameri- uniform and their families. He has led It is imperative that we say: Dave, cans who are happy with the health in- the men and women in his charge with thanks for your great work. Thanks for surance coverage they have now. They patience and loyalty and modesty at your inspiration to all of us. are probably going to lose that cov- times of great challenge for the Senate Dave probably knows this institution erage. They are going to have to go to and the Nation. better than any Member on the Repub- an exchange or another company their I am and I always will be deeply lican side, certainly. The one thing I company is now offering. This doesn’t grateful to David Lyles for his wise will always remember about is Dave, mean you lose only the insurance with counsel, for his loyalty, for his friend- No. 1, keeps his word. If you tell him which you are happy, it means you lose ship, and above all for his integrity. I you have an issue with the bill, an wish David and his wife Annie a long issue with a nominee, or you have an the doctor, potentially, because you and happy retirement full of visits with amendment you wish to call up, Dave can only go to a doctor that is in the laughing grandchildren, untroubled takes care of you. network on your insurance plan. If waters to paddle, and smooth roads to He has been so valuable to all Mem- your new insurance doesn’t have that ride. bers of the Senate during his tenure. doctor, you can’t keep going to that I yield the floor and suggest the ab- We are truly going to miss him. I know doctor. There are a lot of reasons to be sence of a quorum. his next life will hold great things for nervous. The ACTING PRESIDENT pro tem- him. He will be very successful there, Add to this a lot of the original sup- pore. The clerk will call the roll. and we certainly wish him the best. porters of this; for example, the labor The assistant legislative clerk pro- The ACTING PRESIDENT pro tem- unions. The Teamsters came out 2 ceeded to call the roll. pore. The Senator from Florida. weeks ago saying they want this sus- Mr. CHAMBLISS. I ask unanimous Mr. RUBIO. We are in morning busi- pended or repealed because it is break- consent that the order for the quorum ness? call be rescinded. The ACTING PRESIDENT pro tem- ing the promises it made in terms of The ACTING PRESIDENT pro tempore. We are. the 40-hour workweek and the whole argument I made about full time to pore. Without objection, it is so or- f dered. part time. OBAMACARE Mr. CHAMBLISS. I ask unanimous Here is the irony. The labor union consent to be allowed to speak as in Mr. RUBIO. I wish to speak briefly that represents the IRS workers is ask- morning business for up to 10 minutes. about ObamaCare once again. This is ing to be exempted from ObamaCare. The ACTING PRESIDENT pro tem- an issue that is now coming to the This is ironic, because they are the forefront over the next few weeks. pore. Without objection, it is so or- very workers who are in charge of en- dered. As we get ready to start to imple- forcing the law. The people who are f ment portions of it across the country, we are starting to see the implications going to be in charge of enforcing TRIBUTE TO DAVE SCHIAPPA of it. ObamaCare have asked to be exempted Mr. CHAMBLISS. Mr. President, I There is so much coverage given to from ObamaCare. There are a lot of rise this morning to speak about my this as a partisan fight between Repub- reasons to be nervous about it if you good friend and a great friend of this licans and Democrats or liberals and are a supporter. great institution who will be leaving us conservatives, but I actually think this One more reason is the impact it is this week, Dave Schiappa. issue goes much farther than that be- going to have on our insurers. We I remember after I was elected in 2002 cause it is impacting all Americans. haven’t heard a lot of talk about this there was a transition in the leadership I understand the President was here yet, but I will focus on one group of on the Republican side from Trent Lott yesterday and individuals from the seniors in particular, and that is sen- to Senator Bill Frist. Trent told me White House as well. According to the iors who are on something called Medi- one day that the first thing he told Bill press reports, they were here to reas- care Advantage. Medicare Advantage is Frist was make sure that Dave sure nervous Democrats about the im- Schiappa is going to be your floor lead- plementation of ObamaCare and what the Medicare Program where basically er, and that is exactly what Bill did. it could mean. you contract with a private company I was new to the Senate, did not I understand why people are nervous to administer your benefits under know my way around at all, much less about this bill. They have the right to Medicare. How these companies com- know the rules. I simply don’t know be. For example, the exchanges, health pete for your business is they add all how I would have functioned over the care exchanges which, if you can’t get sorts of value-added services. last 10 years without Dave Schiappa insurance, you are supposed to be able One example is transportation. My being here. He has been that valuable to go to them and buy health insur- mom is on Medicare Advantage. One of to all of us as Members of the Senate. ance, are not going as planned. Only the reasons they get her business is He is available, frankly, to both sides yesterday there was a news report that that in addition to good doctors, they of the aisle. I have heard a number of in Georgia they have asked for an actually will pick her up from home, my Democratic friends over the last 24 emergency extension because they because she can’t and doesn’t drive. hours, since we have been aware of won’t be up and running by October 1. They take her to her doctors’ appoint- Dave’s departure, who have said: Gee, I There are more news reports of more ments. These are the kinds of benefits don’t know what I am going to do with- people being pushed from full-time Medicare Advantage offers. out Dave Schiappa being here. work to part-time work. The reason Our floor leaders are all so vitally why is because ObamaCare says if a The problem is ObamaCare cuts important. We do reach out to those company has more than 50 employees about $156 billion out of Medicare Ad- Members on the other side who inform at full-time status, there are certain vantage—not to save Medicare; it us from time to time of what is going rules to follow that are going to cost throws it into the overall budget on on. They are always straight with us. money. We are starting to see evidence ObamaCare. This institution couldn’t operate with- that people are being moved from full Who uses Medicare Advantage? This out them. time to part time. Some major compa- is an interesting statistic: Forty per- Dave has certainly been our leader. nies are announcing that they are mov- cent of African Americans on Medicaid He is very smart, very knowledgeable, ing more people to part time. There are use Medicare Advantage, 53 percent of and he is very hard-working. All of reports of impending rate increases. Hispanic beneficiaries who are on these folks work such long hours. They In my home State of Florida 2 days Medicare use Medicare Advantage, and are here long after we are here, and ago, the insurance commissioner an- they are here well before we get here nounced that the individual market 38 percent of people on Medicare Ad- the next morning. We owe a deep debt rates, if you are buying as an indi- vantage make less than $30,000 a year. of gratitude to all of them, and par- vidual, are going to go up 30 or 40 per- What is the impact of taking $156 bil- ticularly when someone such as Dave cent. lion out of Medicare Advantage? It is

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.010 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6147 about $11 billion this year alone being have to tell them soon. When they do, the businesses that can’t grow, to the taken out of the Medicare Advantage this will add one more concern that individuals who are going to lose the Program. people should rightfully have about coverage they are happy with and the This means—and the President would ObamaCare and the impact it is going doctor they have gotten to know, to say we are going to pay less money to to have on our people, particularly on the seniors on Medicare Advantage who these insurance companies. Fine. What seniors. This is why, my colleagues, I are going to see their benefits reduced is the impact of that? Let me describe have become so passionate about this and their out-of-pocket costs go up— to you the impact of what it is going to issue, one more reason why it is so im- and say to them I did everything I be. portant that we stop ObamaCare. could to prevent these things from hap- First, you are going to see reductions One may say what can we do to stop pening? How can I possibly say that to in benefits, meaning a lot of these com- it? It is already the law. It is already in them if I vote for a budget that pays panies are going to have to save that place. A lot of people have told me this. for this? money somewhere. Where they are The answer is there is something we This September gives us the last best going to save it is by reducing the ben- can do and it comes as soon as Sep- chance to slow this down or to stop it. efits they offer you on Medicare Advan- tember. In September, in order for this Once this law starts kicking in and tage. government to continue to function, starts hurting our economy, we will For example, maybe there won’t be we have to pass a short-term budget. I start crossing some points of no return. anymore transportation in my mom’s wish it were a long-term budget that To my colleagues on the Republican Medicare Advantage plan. We don’t was balanced, but it looks as though it side, I would just say: Look, if we are know. is going to be a short-term budget. not willing to draw a line in the sand There will be increases in copays, the We should pass the budget. We have on this issue, what issue are we willing amount of money seniors are going to to. We can’t shut down the govern- to draw a line in the sand on? If we are have to pay every time they go to the ment. I am not for shutting down the not willing to fight on this issue, what doctor or hospital. They are going to government. When we do this short- issue are we willing to do it on? have to tighten physician networks, term budget, let’s fund the govern- Right now I can think of nothing which means the number of doctors ment. Let’s make sure Social Security that is hurting our economy and noth- available is going to shrink. If you checks go out. Let’s make sure we are ing that is hurting job creation more have a doctor now who has been seeing funding defense to keep our Nation than the uncertainty and the fear this you, and he or she gets kicked out of safe. Let’s make sure we fund the gov- law is imposing on our small busi- the network because they are tight- ernment, but let’s not keep funding nesses, on our middle class, on our ening the network, you may not be ObamaCare. Let’s not keep pouring working class, and on our seniors. I able to keep going to the same doctor. money into a program that even the hope we will not let this last best That is the disruption it has. unions are now against. Let’s not keep chance go by. I hope we will take this One study found that by 2017, seniors pouring money into a program that not opportunity to stop this law from hurt- on Medicare Advantage could lose on even the IRS workers, who are going to ing Americans, especially the millions an average about $1,841 a year. This is enforce this, want for themselves. Let’s of seniors who rely on Medicare Advan- the impact. not keep funding this program that is tage for their health care. I will say why this is pernicious, why going to hurt seniors on Medicare Ad- Mr. President, I yield the floor. this hurts. Medicare Advantage has vantage. Let’s not keep funding it. some things about it that need to be I will say what the blowback is: Oh, fixed, but it is a good program. It has you are threatening to shut down the f good outcomes. The fact is these com- government. No, I am not. I don’t want panies want you to go to your doctors’ to shut down the government. In fact, CONCLUSION OF MORNING appointments. They want you to be the only people who are talking about BUSINESS getting your flu shots and your vaccine shutting down the government are the The ACTING PRESIDENT pro tem- against pneumonia and other things. people who go around saying: We will pore. Morning business is closed. Why? Because they want to you stay not support a short-term budget unless healthy. They need you to stay healthy it funds ObamaCare. Those are the peo- f in order for the plan to work. We see it ple who are threatening to shut down in the results. the government. Their position, basi- EXECUTIVE SESSION Medicare Advantage patients have 39 cally, is that ObamaCare is so impor- percent fewer hospital readmissions. tant we can’t possibly fund government When people leave the hospital, there without funding it. is a 39-percent reduction in people who So if the government is shut down— NOMINATION OF RAYMOND T. go back because something went and I hope that doesn’t happen—be- CHEN TO BE UNITED STATES wrong. There are 24 percent fewer cause of ObamaCare, that is an unrea- CIRCUIT JUDGE FOR THE FED- emergency room visits and 20 percent sonable position, especially in light of ERAL CIRCUIT fewer hospital days. all the problems we know this program Medicare Advantage is the program has. And this idea that unless we fund The ACTING PRESIDENT pro tem- that works. I say this firsthand because ObamaCare we must shut down the pore. Under the previous order, the I see it in my mom’s life, and I see it government is a false choice. That is Senate will proceed to executive ses- in the lives of thousands of seniors in not true. sion to consider the following nomina- Florida who are on Medicare Advan- Let me just say every single Repub- tion, which the clerk will report. tage. lican opposes ObamaCare. And I must The assistant bill clerk read the You may ask yourself: Well, if this is share with you that there are a grow- nomination of Raymond T. Chen, of so bad why haven’t we heard any of ing number of Democrats who are at Maryland, to be United States Circuit this before? The reason is the insur- least nervous about ObamaCare and Judge for the Federal Circuit. ance companies, because of a gag order, would love for it to go away in some The ACTING PRESIDENT pro tem- are prohibited from talking about any way, shape, or form. In fact, one of pore. Under the previous order, there of this until you start getting your them is the President. The President will be 1 hour for debate equally di- benefits letter, and they are coming. If has actually delayed a major portion of vided in the usual form. you are a senior on Medicare Advan- ObamaCare because he knows it is The Senator from Vermont tage, the chances are that soon you going to be a disaster. Mr. LEAHY. Mr. President, 3 months will open your mail to the bad news I would just suggest to those who op- ago, I noted in my statement on April that the Medicare Advantage you have pose ObamaCare to ask themselves this 18 that it had taken the Senate almost and are happy with has been changed question: How can I possibly go back to 1 year longer to confirm 150 of Presi- in a negative way for you because of the people who sent me here—to the dent Obama’s district court nominees ObamaCare. They don’t know that yet, people who are going to be hurt by than it took the Senate to confirm the because the companies have not been this, to the people being moved from same number of President Bush’s disallowed to tell them yet, but they will full-time to part-time employment, to trict court nominees. Unfortunately,

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.012 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6148 CONGRESSIONAL RECORD — SENATE August 1, 2013 we have not picked up the pace, and we tions, and longer wait times for nomi- how it is devastating our public de- remain almost 1 year behind the record nees, even though President Obama has fender service. This was an important we set from 2001 to 2005. Today, the nominated more people and there are and timely hearing, and I commend Senate confirms the 200th of President more vacancies. Anyone can point to Chairman COONS for chairing it. Obama’s circuit and district nominees. this example or that example, but Today the Senate will vote on the Thanks to Senate Republicans’ con- when one looks at the whole picture, it nomination of Raymond Chen, who is certed effort to filibuster, obstruct and is clear that President Obama’s nomi- nominated for the United States Court delay his moderate judicial nominees, nees have faced unprecedented delays of Appeals for the Federal Circuit. Mr. it took almost 1 year longer to reach on the Senate floor and that his nomi- Chen currently serves as Deputy Gen- this milestone than it did when his Re- nees have been less likely to be con- eral Counsel for Intellectual Property publican predecessor was serving as firmed than President Bush’s at the Law and Solicitor in the Office of the President—over 10 months, in fact. I same point. Solicitor at the United States Patent have repeatedly asked Senate Repub- But if Senators wish to claim that and Trademark Office, a position he licans to abandon their destructive tac- there is no obstruction of the Senate’s has held since 2008. Prior to 2008, he tics. Their continued unwillingness to consideration of judicial nominees, or was an Associate Solicitor in the Office do so shows that Senate Republicans that we are matching or even exceed- of the Solicitor at the USPTO, a Tech- are still focused on obstructing this ing the pace of confirmations from the nical Assistant for the Federal Circuit, President rather than helping meet the Bush administration, let us make it a and an Associate at Knobbe, Martens, needs of the American people and our reality. According to the nonpartisan Olson & Bear. Before practicing law, judiciary. Congressional Research Service, it Mr. Chen was a scientist at Hecker & Earlier this month, the senior Sen- would require 27 additional circuit and Harriman. The ABA Standing Com- ator from Tennessee observed that at district confirmations this year to mittee on the Federal Judiciary unani- the time there were only three circuit reach the same number of confirma- mously gave him its highest rating of and district nominees on the Executive tions as President Bush had achieved ‘‘well qualified.’’ Mr. Chen was re- Calendar. He said, correctly, that we by the end of his fifth year in office. ported by the Senate Judiciary Com- could clear those three nominees in That means we must pick up the pace, mittee over 3 months ago by voice just one afternoon. Weeks later, we are since we have had only 26 circuit and vote. now being permitted to vote on just district confirmations so far this year, We must work to reduce the number one of those nominees. As Senator and just two confirmations in the past of judicial vacancies so that Americans ALEXANDER said, we could very easily month. seeking justice are not faced with be voting on several others as well. Fortunately, the Senate had already delays and empty courtrooms. So let us received more than enough judicial There are now 12 circuit and district act quickly on consensus nominees. nominees pending before the Senate. nominees to make this happen. There And if Senate Republicans have con- The only reason we are not voting on are eight circuit and district nominees cerns about a nominee, let us debate all 12 is the refusal of Senate Repub- pending on the calendar today, and an- that nominee, for however long is nec- licans to give consent. This refusal other four were reported this morning. essary, and then have an up-or-down means that by the time the Senate re- One of the nominees reported today is vote. Eleven of the twelve circuit and turns in September, our district courts Patricia Millett, one of three well- district nominees currently pending will once again be facing a period of qualified nominees for the vacancies on before the Senate were reported by what the nonpartisan Congressional the D.C. Circuit. I hope Senate Repub- voice vote. There is no reason we can- Research Service calls ‘‘historically licans will end their misguided attempt not consider all 12 today. If Senators high’’ vacancy levels, which they last to strip the D.C. Circuit of three seats are willing to work together to focus experienced 2 years ago. So the Repub- and that we will be allowed to consider on meeting the needs of the Federal ju- licans’ effort to obstruct and delay the her nomination on the merits of the diciary, then I am confident that we confirmations of President Obama’s nominee. Five more nominees had a will be able to make real progress for nominees means that we have essen- hearing last week, as the Judiciary the millions of Americans who depend tially not been permitted to make any Committee continues to do its job. If on our courts for justice. net progress in filling vacancies. We we do confirm 27 more nominees this The ACTING PRESIDENT pro tem- have barely kept up with attrition. year, we might even bring the number pore. The Senator from Georgia. Over the past month, some Senate of vacancies below 70 for the first time Republicans have been claiming that in more than 4 years. POWER NOMINATION ‘‘at this same point in their However, even if we do bring the Mr. ISAKSON. Mr. President, let me presidenc[ies]’’ President Obama has number of vacancies down to 70, that express my thanks to Senator SANDERS had more circuit and district nominees number is still far too high. These va- for his willingness to yield to me and confirmed than President Bush did. Of cancies impact millions of people all give me this time. course, these Senators fail to mention across America who depend on our Fed- I am here very briefly to commend that they are referring only to the fifth eral courts for justice. In addition to Samantha Power to the entire Senate year of those presidencies, and ignoring the 87 current vacancies, the Judicial as President Obama’s nominee to be both presidents’ first terms. Such com- Conference has identified the need for the U.N. ambassador representing the parisons are misleading—the reason 91 new judgeships, so that the people United States. President Bush had so few confirma- who live in the busiest districts can I do so proudly because of the great tions in his fifth year is that we had nonetheless have access to speedy jus- work she has done against genocide made such good progress already in his tice. Earlier this week, Senator COONS and atrocities around the world, be- first term—but I appreciate the Rank- and I introduced a bill to create those cause she has been an outspoken leader ing Member of the Judiciary Com- judgeships, and I hope we can pass this in terms of doing what is right, and I mittee for at least being honest when long-overdue legislation into law. The think she has the courage to represent he makes this comparison by saying Nation’s growing demands on our our country on the Security Council that it is between fifth years, and not courts also shows how important it is better than anyone I know. entire Presidencies. that we reverse the senseless cuts to I got to know Samantha Power by The assertion by some Senate Repub- our legal system from sequestration. I reading her book, ‘‘A Problem from licans that ‘‘there is no difference in continue to hear from judges and other Hell: America and the Age of Geno- how this President’s nominees are legal professionals about the serious cide.’’ It is the story about Rwanda and being treated versus how President problems sequestration either has the genocide where 1 million people Bush’s nominees were treated’’ is sim- caused, or will cause, if we do not fix died while the rest of the world turned ply not supported by the facts. Com- it. Last week the Judiciary Commit- and looked away, and her calling on all pared to the same point in the Bush ad- tee’s Subcommittee on Bankruptcy and people of democracies and freedom ministration, there have been more the Courts held a hearing on the im- around the world to not let that hap- nominees filibustered, fewer confirma- pact of sequestration and highlighted pen again.

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.014 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6149 When she came to the White House, $10 an hour. Just do the arithmetic, wage had kept up with inflation since she created the Commission on Atroc- with somebody making $7.25 an hour, 1968, it would be worth approximately ities for President Obama to focus on and if they are lucky enough to be get- $10.56 per hour today. that and see to it that it didn’t happen ting 40 hours a week—and many work- The issue our young people working again. It was through her leadership ers are not. at these fast-food places are high- that she forced President Obama and I was in Detroit a couple of months lighting goes beyond the fast-food in- the administration to engage in Libya ago talking to fast-food workers, and dustry. The reality is that many of the and end what would have been a geno- what they are saying is they get 20 new jobs being created in America cide in Libya by Muammar Qadhafi. hours a week in one place to make a today are low-wage jobs. She is smart, she is intelligent, she is living and then they have to work at I think we all recognize, even some of tough, and she has a Georgia tie of another place. One young man I talked my Republican colleagues understand, which I am very proud. She graduated to is working at three separate loca- we have made significant economic from a high school in DeKalb County, tions, having to travel, in order to cob- gains since the collapse of the economy GA, in the 1980s called Lakeside High ble together what, in fact, is by far less at the end of President Bush’s tenure School. She did an internship between than a livable income. So just do the in 2008 when we were losing 700,000 jobs her first and second year at Yale Uni- arithmetic. If you make $7.25 an hour, a month—an unsustainable reality, versity in Atlanta, GA, for a sports and if you are lucky enough to be 700,000 jobs a month. Now we are gain- broadcaster on a sports station in the working 40 hours a week, you are making jobs, and that is a good thing, but city. He was asked a few days after she ing about $15,000 a year. Then, of not enough jobs. Unemployment re- left to give some description of what course, your Social Security taxes are mains much too high. Real unemploy- kind of person Samantha Power was, coming out of that and your Medicare ment today is close to 14 percent. But and I want to read that quote because taxes are coming out of that, and in the midst of understanding the job it reflects the kind of person we want maybe some local taxes. You can’t sur- creation process in this country, we representing us as an ambassador at vive on $14,000 or $15,000 a year. need to know that nearly two-thirds of the U.N. He said: The point is these fast-food workers the jobs gained since 2009 are low-wage Oh, my God, was she bright. Acerbic, light- are educating the Nation about the jobs that pay less than $13.80 an hour. ening-witted, and the depth of the Mariana fact that hundreds and hundreds of So the good news is we are now cre- Trench. thousands of people are working hard ating some jobs—not enough jobs; un- That is a quote from Jeff Hullinger, every single day and are falling further employment remains much too high— the first person she worked for in 1988. and further behind economically. We but we cannot lose track of the fact Samantha Power is the right person, have to stand with them and we have that most of the new jobs being created at the right time, to represent the to raise the minimum wage in this are not paying working people a living right country in the U.N. on the Secu- country. wage. While most of the new jobs being rity Council. I commend her to the While workers at fast-food establish- created are low-wage jobs, we should Senate and hope she receives a unani- ments and other places such as remember that nearly two-thirds of the mous vote. Walmart are earning the minimum jobs lost during the Wall Street reces- I yield back the remainder of my wage, I should mention that the CEOs sion were middle-class jobs that paid time and thank the Senator from of these large corporations are, in up to $21 an hour. So the economic Vermont. many cases, making exorbitant com- trend is not good. The Wall Street The ACTING PRESIDENT pro tem- pensation packages. The CEO of Burger crash resulted in mass unemployment, pore. The Senator from Vermont. King, a corporation with over 191,000 and though we are gaining new jobs, THE MINIMUM WAGE mostly low-wage workers gave its CEO many of the jobs we are gaining are Mr. SANDERS. Mr. President, I rise Bernardo Hees a 61-percent pay raise low-wage jobs. Yet the jobs we have today to congratulate hundreds and last year, boosting his total compensa- lost are higher wage jobs. hundreds of young people throughout tion to $6.5 million in 2012. the country who are standing up for Well, if a millionaire can get a 65-per- Also, while we discuss the state of justice, who are putting a spotlight on cent pay raise, maybe it is time to get the economy, let us never ever forget one of the major economic crises facing a pay raise for the workers who are that middle-class families have seen this country. making $7.25 an hour. their incomes go down by nearly $5,000 Today—this week and in recent Last year, McDonald’s, a corporation since 1999, after adjusting for inflation. weeks—we have had young people in with over 850,000 mostly low-wage em- Opponents, and there are many—the New York City, in Chicago, in Wash- ployees, more than tripled the com- entire fast-food industry and all the ington, DC, in St. Louis, in Kansas pensation of its CEO Don Thompson. In big-money interests, the guys who City, in Detroit, in Flint, MI, and other 2011, Mr. Thompson received a mere, make millions and millions of dollars a areas around this country who are fast- paltry $4.1 million. But last year, be- year, the people who have unbelievable food workers—the people who work at cause of his significant raise, the CEO pensions, who have all kinds of bene- Burger King and McDonald’s and Pop- of McDonald’s received $13.8 million. fits, the CEOs—are working very hard eye’s; the ones who give us the ham- Well, if Mr. Thompson can make $13.8 to tell us in Congress not to raise the burgers and the french fries—saying million as the head of McDonald’s, minimum wage, which is $7.25. Among that workers all over this country can- surely the workers at McDonald’s can many other arguments they say: Well, not make it on $7.25 an hour, $7.50 an make at least $10 an hour, not $7.25 an if you raise the minimum wage, it is hour. Often they are unable even to get hour, not $8 an hour. going to be a job killer. It will kill 40 hours of work and, in most cases, David Novak, the CEO of Yum! jobs. they get no or very limited benefits. Brands—the owners of Taco Bell, Pizza Let me say this on a personal basis. So all over the country these work- Hut, Kentucky Fried Chicken, and I represent the State of Vermont. The ers, often young people, are walking Long John Silvers—was paid $11.3 mil- State of Vermont has the third highest out of their establishments, their fast- lion last year and received over $44 mil- minimum wage in the country; it is food places, and are educating con- lion in stock options. $8.60 an hour. Meanwhile, with an $8.60- sumers about the economic injustice Well, if this company has enough an-hour minimum wage, I am happy to taking place in these fast-food estab- money to give this gentleman $44 mil- say that the State of Vermont has the lishments. What they are saying is lion in stock options, maybe we can fourth lowest unemployment rate in that we need to raise the minimum end starvation wages at Yum! foods. the United States at 4.4 percent. And to wage in this country; that American In terms of the minimum wage, since be very honest, I have not bumped into workers cannot exist on $7.25 an hour, 1968, the real value of the Federal min- many employers who tell me: I would which is the national minimum wage imum wage has fallen by close to 30 be hiring more people if we lowered the now, or $8 an hour or $9 an hour. percent. The purchasing power of the minimum wage in Vermont. It does not My own view is, at the very least, we minimum wage has gone down by some happen. I think that is a bogus argu- should be raising the minimum wage to 30 percent since 1968. If the minimum ment.

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.015 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6150 CONGRESSIONAL RECORD — SENATE August 1, 2013 The State of Washington, if my mem- The ACTING PRESIDENT pro tem- Jason Woolwine, and Rajat Mathur— ory is correct, has the highest min- pore. The clerk will call the roll. all of whom worked so hard and put in imum wage in the country. Their un- The assistant bill clerk proceeded to so many hours and late nights on this employment rate is lower than the na- call the roll. strong bipartisan bill. tional average. Mr. REID. Mr. President, I ask unan- There is another point I would like to imous consent that the order for the After 2 weeks of debate and discus- make that needs to be made over and quorum call be rescinded. sion and a bipartisan bill before us, we over. We talk a lot in this country The ACTING PRESIDENT pro tem- are now going to move very shortly to about welfare reform. I think that in pore. Without objection, it is so or- a final vote. I want to be clear. This general, when people use that expres- dered. bill has the support of the majority of sion, what they are talking about is Mr. REID. Mr. President, we know the caucus. In the House of Representa- lower income people who may be what is ahead of us the next hour or so. tives, what did we see happen yester- breaking the law and taking advantage I ask unanimous consent that we day? They pulled their transportation of programs for which they are not change that. and housing bill off the floor. The Re- quite eligible. In between the vote on Chen, the publican leadership would not even Let me say a word about the need for judge, and the next vote, I ask that allow a vote on their bill because they welfare reform but in a somewhat dif- there be 10 minutes, and 2 minutes of did not have a majority in their cau- ferent tone, and let me say that the that would be 1 minute on each side, cus. The chairman of the House Appro- biggest welfare recipient in this coun- and 8 minutes would be given to the co- priations Committee said that showed try happens to be the wealthiest family manager of that bill, SUSAN COLLINS. in the United States of America; that that sequestration is unworkable and That would be for debate only. needs to be replaced. That is the House is, the Walton family, who owns The ACTING PRESIDENT pro tem- Republican chairman. But here in the Walmart, a family that is worth $100 pore. Without objection, it is so or- billion—more wealth, by the way, than dered. Senate we have a majority, and we should move to pass this bill. the bottom 40 percent of the American THUD APPROPRIATIONS people. The wealthiest family in Amer- Mrs. MURRAY. Mr. President, we The only thing that can block the ica is the largest welfare recipient in have spent the last 2 weeks here on the passage of this bill, the only way a bi- America. How is that? Well, the reason Senate floor talking about our bipar- partisan bill with the support of the they are so wealthy, the reason that tisan transportation and housing bill. majority could be stopped is if Repub- family is worth $100 billion is they This is a bill that is all about creating lican leaders whip their own Members make huge profits because they pay jobs, investing in our families and in into filibustering a jobs and infrastruc- their workers starvation wages. But in our communities, and laying down a ture bill that many of those Repub- order to keep their workers going, the strong foundation for a long-term and licans actually support. That is the taxpayers of this country—through broad-based economic growth. This bill only way. Medicaid, through nutrition programs, is not exactly a bill I would have writ- The choice before us is clear, and I through affordable housing—give as- ten on my own. I know it is not exactly urge my colleagues to make the right sistance to Walmart so that their a bill Senator COLLINS would have workers can keep coming to work. So written on her own. But it is a com- one. This vote is not about whether somebody who works at Walmart for promise bill that reflects the deep cuts you support this exact bill or agree $7.25 or $8 an hour, more often than not we made when we set spending levels in with the exact spending level. As Sen- their children are on Medicaid paid for the Budget Control Act as well as the ator COLLINS has made clear again and by the taxpayers of this country. They best ideas from both sides of the aisle again, you can think the spending level and their kids are on food stamps paid of ways we can improve and reform our is too high and still support this proc- for by the taxpayers of this country. transportation and housing invest- ess in which we pass a bill in the Sen- Many of their employees live in afford- ment. ate and work with the House bill on a able housing subsidized by the tax- The transportation and housing in- compromise. You can certainly dis- payers of this country. vestments in this bill have a direct im- agree with the bill and not think it So the Walton family becomes the pact on the families and communities should be subjected to a filibuster. wealthiest family in this country while we represent, from improving our working-class and middle-class tax- The bottom line is that a vote to roads, to reducing traffic and helping payers provide assistance to their wrap up and vote on this bill is a vote workers so they can continue going to Main Street businesses, to making sure for jobs and the economy and for bipar- work. Let me make the very radical our bridges are safe so we do not see tisan solutions to the problems facing suggestion that maybe the wealthiest more collapses like the one back home our Nation. A vote to filibuster this family in America might want to pay in my State of Washington, to sup- bill is a vote for more gridlock, more porting our most vulnerable families, their employees a living wage so that obstruction, more partisanship, and seniors, and veterans with a roof over the taxpayers of this country do not more political games. have to subsidize them. their heads when they need it the most I would conclude by telling those and making investments in our com- I know when I go home to Wash- young people in major cities around munities that mayors across our coun- ington State I want to be able to tell this country that many of us respect try use to create local jobs in their my constituents that Democrats and and appreciate the courage they are hometowns and so much more. Republicans worked together to solve showing. It is not easy to walk out of Senator COLLINS and I worked very some problems, help them, and grow a job when you don’t have any money, hard together to write a bipartisan bill the economy. I know there are many because your employer may say: You to invest in programs that should not Democrats and Republicans here today are out of here; you are fired. But these be partisan. I think we succeeded. Six who want to be able to say the same to young people have the courage to stand Republicans voted for this bill in com- their constituents, and I hope they will and say: No. We are human beings. We mittee; 73 Senators voted to bring this stand with me and Senator COLLINS live in the greatest country on Earth. bill to the floor for a debate. That de- and vote against a filibuster of our bi- We have to earn a living wage. We bate was a full and open one, with partisan bill. amendments and votes from Democrats can’t make it on starvation wages. I yield the floor. So I thank those young people for and Republicans. standing for justice not only for them- I wish to personally thank Senator The ACTING PRESIDENT pro tem- selves but for all Americans, and I hope COLLINS for her hard work on this bill, pore. The Senator from Louisiana. and I also thank all of our staff on the that Members of Congress listen care- UNAMINOUS CONSENT REQUEST—S. 101 fully to what they are saying and that appropriations subcommittee: Alex we go forward as soon as possible in Keenan, Dabney Hegg, Meaghan Mr. VITTER. Mr. President, I stand passing a minimum wage that will pro- McCarthy, Rachel Milberg, and Dan today to discuss and strongly support vide dignity for millions of workers. Broder; as well as the staff of Senator my bill, S. 101, the State and Local Mr. President, I yield the floor, and I COLLINS, who spent endless hours: Government Bailout Prevention Act. I suggest the absence of a quorum. Heideh Shahmoradi, Kenneth Altman, urge all of us to unite to pass this bill

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.017 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6151 expeditiously. Let me briefly explain Urban Development be discharged from defaulted or, more important, is at what it is about. further consideration of S. 101 and the risk, has problems financially. What I first introduced this bill in early Senate proceed to its immediate con- does that mean? It means that any 2011, February 2011, because two things sideration and that the bill be read a city, any county, any local unit of gov- were happening. First of all, several third time and passed and the motion ernment that is struggling with a tight significant State and local entities to reconsider be considered made and budget could potentially lose all Fed- were teetering on the verge of bank- laid upon the table. eral funding. We are not talking about ruptcy. At the same time, the Federal The ACTING PRESIDENT pro tem- a bailout here. We are talking about Government—things in Washington— pore. Is there objection? was in a horrible state fiscally, such Mr. WYDEN. Mr. President, I object. the same Federal funds that go to that we could clearly not afford to take The ACTING PRESIDENT pro tem- every community—no funding for on more spending, more debt, more re- pore. Objection is heard. emergency services such as police de- sponsibility. I wanted to pass legisla- Mr. WYDEN. Mr. President, I will be partments and fire departments; no tion that would make it crystal clear very clear. First, I say to my colleague funding for transportation, for roads that neither we, the Congress, nor the from Louisiana, he and I have worked and bridges; cutting off funding for spe- Treasury Department, nor the Federal together often on a whole host of cial education and for our schools; no Reserve, nor any other Federal entity issues. He is on Environment and Pub- funding for economic development to was going to bail out State or local lic Works; I chair Energy. I want him help these communities that are chal- governments that had acted irrespon- to know I am happy to continue work- lenged because of, possibly, economic sibly and tipped into bankruptcy. ing with him on this and other issues. circumstances such as a shifting manu- Things have not gotten better since The reason I have to object at this then. In fact, in many ways things have facturing base or other economic issues time is that the language as it is writ- beyond their control. gotten worse, and very recently, just in ten would deal a huge body blow to the last few weeks, the city of Detroit more than 700 rural and heavily for- This is extremely broad. According filed for bankruptcy—the largest mu- ested counties across the country in to some legal definitions, ‘‘default’’ nicipal bankruptcy in U.S. history. more than 40 of our States. It, in effect, could mean anything—late payments Other large States and local commu- could prohibit payments under the Se- on any kind of an obligation. It makes nities are teetering on the verge of cure Rural Schools and Community absolutely no sense. bankruptcy. Many States are in a hor- Self-Determination Act. Let me also indicate that one of the rible fiscal situation, such as Cali- This legislation, which was a bipar- real concerning problems here is that fornia and Illinois. tisan bill—Senator Larry Craig and I Meanwhile, we are not in a fun- it would exempt emergency spending authored this legislation—is a lifeline damentally more sound place here in for a natural disaster. I appreciate that Washington at the Federal level. Even for these hard-hit rural communities that are walking on a tightrope. They the Senator from Louisiana would if we stick to the Budget Control Act want to do that given the fact that we numbers—and that is very much up in are trying to balance, for example, how they are going to keep the schools open had Hurricane Katrina hit in New Orle- the air, but even if we stick to those ans and our whole country came to- numbers, Congress will spend $967 bil- and how they are going to have law en- gether. People in Detroit raised money lion in discretionary money this year, forcement in their communities. De- and that will result in a $810 billion clining revenues from Federal forests to help with Hurricane Katrina. But I deficit—almost a $1 trillion deficit this spurred the creation of this program to suggest that for the 41 cities and coun- year. compensate for the loss of receipts ties that filed bankruptcy over the last This Nation, total, is almost $17 tril- from the Federal forests. Suffice it to 20 years or the hundreds from Texas, to lion in debt. The balance sheet of the say that without this legislation we Kentucky, to Alabama, and beyond Federal Reserve has swollen from $800 could have school perhaps 3 days a who now have troubled bond ratings billion in August of 2007 to over $3.5 week in a big chunk of rural America. and are considered at risk—this is real- trillion today. I mentioned law enforcement. The ly a slap in the face to every city and Now more than ever, S. 101, the State question of how you maintain 24-hour community across our country. and Local Government Bailout Preven- law enforcement in a lot of these areas tion Act, is appropriate, is needed. has been drawn into question. I think This is not about stopping a bailout That is why I come to the floor today that without this assistance we might for Detroit. We are working hard. Peo- to urge expeditious passage of S. 101. have some counties facing bankruptcy. ple are coming together. This is a com- This bill is very simple, basic, straight- Given the fact that this language munity that is coming back thanks to forward, but important. It would sim- does not clarify the status of the Se- a tremendous amount of grit, hard ply do four things: First, it would pro- cure Rural Schools Program, I have to work, and leadership from the business hibit the use of Federal funds to bail object. I am going to continue to object community, religious community, out State and local government budg- until the legislation does clarify that it community leaders, and so on. This is ets. Second, it would prevent the Fed- will not prohibit payments under that about whether we are going to support eral Reserve from providing assistance legislation, which is a lifeline for rural communities that need some help. to or creating a facility to help, again, America. Think about this: If a city is doing State and local governments in a bail- We have had a number of recorded out situation. Third, it would prevent votes on that particular legislation well and has a wealthy tax base and an Congress and the Treasury Department here in the Senate. It has received upper middle-income community with from bailing out State and local gov- overwhelming bipartisan support. It high-powered lobbyists, then they ernments. Fourth, there is specific lan- was authorized on a bipartisan basis. should get Federal money—taxpayer guage so we do not create any confu- I am going to yield the floor. I know money? Children with disabilities can sion that this is not intended to stop or colleagues want to speak on this issue. get special education. We are going to deter or interfere with appropriate as- I want it understood how concerned I help build roads and bridges in commu- sistance in declared disaster areas. am about the legislation in its present nities. But if a community is having That is the sum and substance of S. form. That is why I have to object at some financial difficulty, then, unfor- 101, the State and Local Government this time. tunately, we would say we would not Bailout Prevention Act. When you look I yield the floor. allow the same ordinary Federal fund- at situations such as Detroit—the larg- The ACTING PRESIDENT pro tem- ing every community gets to be avail- est ever municipal bankruptcy—and pore. The Senator from Michigan. able for that community. That is not Ms. STABENOW. Mr. President, I too when you look at our fiscal situation the right values for America. in Washington at the Federal level, join with our colleague from Oregon in this clear bar of the Fed bailing out raising great concern about what this That is why the International City/ State and local governments is very proposal would do. This is a proposal— County Management Association, the much needed. we have seen, actually, three of them National Association of Counties, the I ask unanimous consent that the now—that would cut all Federal fund- National League of Cities, the U.S. Committee on Banking, Housing, and ing for any community that has either Conference of Mayors, the Government

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.029 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6152 CONGRESSIONAL RECORD — SENATE August 1, 2013 Finance Officers Association strongly with securities below investment not exactly not opening the door and oppose this effort. grade, which presumably means there considering that opportunity. I have one final statement to make is a significant credit risk in those Again, I didn’t file this bill in the before turning to our distinguished communities. Under this bill, are those last 2 weeks. I originally filed this bill senior Senator from Michigan. communities not eligible to seek reg- in February of 2011. Unfortunately, De- When we are looking at what is hap- ular grants? I am afraid so, and that is troit isn’t the only municipal or State pening right now in Detroit and around not just me saying that. Again, that is bankruptcy on the maps. States can’t the country, once again we are seeing from the CRS. formally file bankruptcy, but in lay- workers and retirees on the frontline Finally, Senator STABENOW has made men’s terms they can essentially go who have lost their pensions and their reference to a letter that we received bankrupt. Detroit is not the only issue wages. In the auto rescue, we saw Del- from the National League of Cities, Na- on the map. Many States face a hor- phi retiree pensions were not pro- tional Association of Counties, the rible fiscal situation as well, such as tected. Now in the city of Detroit, po- United States Conference of Mayors, California and Illinois. There is a real lice, fire, and city workers are not pro- and others, opposing this legislation danger of these States and localities tected. So when we talk about the mid- because it goes way beyond its stated seeking a Federal bailout. This bill is dle class of this country—people work- purpose of preventing bailouts. about that. It is not about normal Fed- ing hard every day—we need to put Again, my town—and I don’t know of eral funding. It is not about the safe them first. We need to make sure no- any town that has—has not asked for a and secure rural schools program. It is body loses their pension. We need to bailout. I am proud to have been living not about any of that routine stuff. It make sure we stand as a country with in Detroit all of my life. It doesn’t need is about a bailout of a State. It is cities that are in distress and working this kind of legislation poking at it to about a bailout of the municipality or hard to become vibrant and strong stop something from going to Detroit, other local jurisdiction. Of course, De- again. which it has not applied for. troit, unfortunately, is the most obvi- I yield the floor. I know this legislation was intro- The ACTING PRESIDENT pro tem- ous example after its historic bank- duced before this recent bankruptcy ruptcy filing very recently. pore. The Senator from Michigan. application on the part of the city of Mr. LEVIN. Mr. President, I too ob- Detroit, but nonetheless to seek a Again, I am sorry to hear their objec- ject to the unanimous consent request. unanimous consent in this context and tion. I am sorry the two Senators from While the sponsor says it is aimed at in this moment to pass legislation—ap- Michigan are here on the floor about bailouts, no one I know of is seeking a parently without even a hearing— this. I don’t think that is a coincidence bailout from the communities that seems to me to be beyond the pale. because this is a bill about bailouts. I would be impacted. Despite the stated As a lifelong resident of Detroit, I op- think we should pass it, and be very intention, the effect of this bill is to pose this proposal. I oppose it because crystal clear at the Federal level that endanger the financial health of hun- thousands of municipalities that have we are not going to take on that bail- dreds of cities and counties in every suffered in the aftermath of the recent out role and responsibility. corner of this country. It would weak- recession would be negatively affected. I yield the floor. en the safety and security of countless Our residents, their residents, our em- The ACTING PRESIDENT pro tem- Americans who call those communities ployees, their employees, and retirees pore. The Senator from Michigan. home. I don’t know of anyone seeking around the country deserve better. Mr. LEVIN. On line 7, page 1: ‘‘Not- a bailout. Yet bailout is the word that I yield the floor. is used frequently here by the sponsor The ACTING PRESIDENT pro tem- withstanding any other provision of of this legislation. pore. The Senator from Louisiana. law’’—and then after talking about What is the definition? Communities Mr. VITTER. Mr. President, I appre- Federal funds not being used to pur- at risk of defaulting. Hundreds and ciate the two Senators from Michigan chase or guarantee obligations, it then hundreds of communities are ‘‘at risk being the only ones on the floor right says: of defaulting.’’ It is unclear what that now objecting and saying this has no Federal funds may be used . . . or provide means. But the strains on local govern- nothing to do with Detroit, but, of direct or indirect grants-and-aid, to any ments in the last few years—particu- course, it does. State government, municipal government, larly following the financial crisis we I am very sorry to hear this objec- local government, or county government tion. There is no objection on the Re- which, on or after January 26, 2011, has de- had—are real. To say that any commu- faulted on its obligations. nity, city, or State, for that matter, publican side. Of course there would be that is at risk of defaulting is to be an objection if, in fact, this legislation It is very clear. It is line 7, page 1, challenged in terms of getting regular would bar normal Federal grants and and lines 1 and 2 on page 2: ‘‘direct or support from the Federal Government. normal Federal loans unrelated to a indirect grants-and-aid to’’ may not be This is not limited to loans. This bill bailout of a State or a municipality in provided to any city which has de- affects grants as well as loans. In the bankruptcy mode, but it doesn’t do faulted on its obligations. This is the words of the bill, ‘‘grants and aid’’ that. language of the bill. would be prevented. All sorts of Fed- The legislation is very specific and It also says on line 12 of page 2 that eral funding, in other words, besides very targeted. It is about a bailout of a the funds of the United States may not those kind of actions of the Federal State or locality in bankruptcy mode, be used ‘‘to assist such government en- Government involving credit or reli- and that is what it is about. It is not tity.’’ ‘‘Assist any such government en- ance on credit of the donor or for re- about normal routine Federal funding, tity.’’ payment. and that is why there is no Republican Hundreds of governments would be The Congressional Research Service objection. covered by this legislation. It is no co- says this, again, applies not just to One of the distinguished Senators incidence that the Senators from loans but to grants as well. Why in from Michigan makes the point that Michigan are here on the floor because Heaven’s name would struggling com- Detroit has not formally asked for a we are the most current victims of this munities—whether it is my hometown bailout. That is true so far. But when language if it were ever passed. There of Detroit or any other community in the mayor talked to the Wall Street are hundreds of others who would be this country—be denied the ability to Journal about this, he ‘‘left the door victimized by this language because of seek grants is beyond me. It is not lim- open for a Federal bailout after the its breadth, and that is what the Sen- ited to loans but grants as well. This city’s bankruptcy filing.’’ When asked ator from Oregon was very dramati- bill goes way beyond the bailouts that directly whether Detroit would seek a cally pointing out. no one is seeking and would have a se- Federal bailout, Mayor Bing said, ‘‘Not vere impact on cities and towns across yet.’’ Mr. President, I ask unanimous con- the country. Similarly, the Governor of Michigan sent that the language from the bill be Standard & Poor’s lists more than 250 Rick Snyder didn’t support a bailout printed in the RECORD at this time. securities offered by Louisiana munici- but said on CBS’s ‘‘Face the Nation:’’ There being no objection, the mate- palities that are below investment ‘‘If the Federal Government wants to rial was ordered to be printed in the grade. One State has 250 communities do that, that’s their option.’’ That is RECORD, as follows:

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.031 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6153 S. 101 dent Bush’s second term, when 21 lower the Solicitor at the United States Pat- Be it enacted by the Senate and House of Rep- court judges were confirmed. ent and Trademark Office. During that resentatives of the United States of America in With regard to hearings, the record time, he was first or second chair on Congress assembled, shows that President Obama is being several dozen Federal Circuit briefs de- SECTION 1. PROHIBITION ON THE USE OF FED- treated much better than President fending the agency’s patent and trade- ERAL FUNDS TO PAY STATE AND Bush during his second term. mark decisions, and he presented ap- LOCAL OBLIGATIONS. Last week we held the 11th judicial (a) IN GENERAL.—Notwithstanding any proximately 20 arguments in the Fed- other provision of law, no Federal funds may nominations hearing this year. In eral Circuit. those hearings we we have considered a be used to purchase or guarantee obligations He regularly appeared in district of, issue lines of credit to, or provide direct total of 33 judicial nominees. Compare this favorable treatment of President court defending the agency against or indirect grants-and-aid to, any State gov- lawsuits brought under the Adminis- ernment, municipal government, local gov- Obama during the beginning of his sec- ernment, or county government which, on or ond term versus the first year of Presi- trative Procedure Act. He was also a after January 26, 2011, has defaulted on its dent Bush’s second term. At this stage legal advisor on several patent policy obligations, is at risk of defaulting, or is in President Bush’s second term, the and legal issues within the agency, oc- likely to default, absent such assistance Committee had held not 11 hearings casionally prosecuting patent attor- from the United States Government. neys in administrative proceedings for (b) LIMIT ON USE OF BORROWED FUNDS.— with 33 judicial nominees, but only 3 hearings for 5 nominees, and all of violating the agency’s code of profes- The Secretary of the Treasury shall not, di- sional responsibility. rectly or indirectly, use general fund reve- those were hold-overs from the pre- nues or funds borrowed pursuant to title 31, vious Congress. In 2008, Mr. Chen became the Deputy United States Code, to purchase or guar- In fact, for the entire year of 2005, General Counsel of Intellectual Prop- antee any asset or obligation of any State Senate Democrats only allowed 7 hear- erty Law and Solicitor. There he super- government, municipal government, local ings for a grand total of 18 judicial vises other lawyers in the Solicitor’s government, or county government, or oth- nominees. Office and has presented oral argu- erwise to assist such government entity, if, It is hard to believe, but no nomina- ments in some of the seminal patent on or after January 26, 2011, that State gov- tion hearings on judicial nominees ernment, municipal government, or county cases before the Federal circuit. were held during April, May, June, or government has defaulted on its obligations, In addition, Mr. Chen deals with is at risk of defaulting, or is likely to de- July. Four months with no judicial higher-level patent and trademark pol- nomination hearings. Yet, we recently fault, absent such assistance from the United icy issues within the agency. He also rushed through hearings on nominees States Government. coordinates the determination of what (c) PROHIBITION ON FEDERAL RESERVE AS- to the DC Circuit Court of Appeals, positions the United States should SISTANCE.—Notwithstanding any other provi- plus a number of District nominations. take as an amicus in intellectual prop- sion of law, the Board of Governors of the In fact, in just the last few weeks, we erty cases before both the Supreme Federal Reserve System shall not provide or have held hearings for 14 judicial nomi- extend to, or authorize with respect to, any Court and the Federal circuit. nees. That’s not very far behind the en- State government, municipal government, Lastly, Mr. Chen is responsible for local government, county government, or tire output of 2005—7 hearings, 18 nomi- other entity that has taxing authority or nees. the review and clearance of all new reg- bonding authority, any funds, loan guaran- Again, we have already exceeded that ulations and amendments to existing tees, credits, or any other financial instru- number—11 hearings and 33 judicial regulations for the Office of the Solic- ment or other authority, including the pur- nominees. The bottom line is that the itor. chasing of the bonds of such State, munici- Senate is processing the President’s The ABA Standing Committee on the pality, locality, county, or other bonding au- nominees exceptionally fairly. Federal Judiciary gave him a unani- thority, or to otherwise assist such govern- President Obama certainly is being mous ‘‘well qualified’’ rating. ment entity under any authority of the treated more fairly in the first year of Board of Governors. his second term than Senate Demo- The PRESIDING OFFICER (Ms. (d) LIMITATION.—Subsections (a) through BALDWIN). All time has expired. (c) shall not apply to Federal assistance pro- crats treated President Bush in 2005. It vided in response to a natural disaster. is not clear to me how allowing more Mr. GRASSLEY. I ask my colleagues votes and more hearings than Presi- to vote for this nomination. Mr. LEVIN. I yield the floor. dent Bush got in an entire year The ACTING PRESIDENT pro tem- Mr. LEAHY. Madam President, I ask amounts to ‘‘unprecedented delays and pore. The Senator from Iowa. unanimous consent for 30 additional obstruction.’’ Yet, that is the com- Mr. GRASSLEY. Mr. President, I seconds. plaint we hear over and over from the support the nomination of Raymond T. The PRESIDING OFFICER. Without other side. So I just wanted to set the Chen, to be United States Circuit objection, it is so ordered. record straight—again—before we vote Judge for the Federal circuit. This is on this nomination. Mr. LEAHY. I believe we should act the 29th judicial confirmation this Raymond T. Chen is nominated to be quickly on a number of judicial vacan- year. With today’s confirmation, the United States Circuit Judge for the cies. Eleven of the twelve circuit and Senate will have confirmed 200 lower Federal circuit. He received his B.S. district nominees currently pending court nominees; we have defeated two. from the University of California, Los before the Senate were reported by That’s 200 to 2. That is an outstanding Angeles, in 1990 and his J.D. from New voice vote. All Democrats, all Repub- record. That’s a success rate of 99 per- York University School of Law in 1994. licans on the Judiciary Committee cent. Upon graduation, Mr. Chen worked at voted together. There is no reason why We have been doing that at a fast Knobbe, Martens, Olson & Bear in Cali- we couldn’t consider all 12 today, along pace. During the last Congress, we con- fornia from 1994 to 1996. As an asso- with Mr. Chen. If we work together, firmed more judges than any Congress ciate, he drafted district court briefs then we can fulfill the needs of the since the 103rd Congress, which was and legal memoranda on specific pat- Federal judiciary. 1993 to 1994. ent and trademark issues as well as Madam President, have the yeas and So far this year, the first of Presi- several patent applications spanning nays been ordered? dent Obama’s second term, we’ve al- various technologies. ready confirmed more judges than were In 1996, Mr. Chen joined the senior The PRESIDING OFFICER. They confirmed in the entire first year of technical assistant’s office at the Fed- have not. President Bush’s second term. At a eral circuit in Washington as one of Mr. LEAHY. I request the yeas and similar stage in President Bush’s sec- three technical assistants. There, he nays. ond term, only 10 judicial nominees researched and wrote memoranda, com- The PRESIDING OFFICER. Is there a had been confirmed. We are now at a menting on drafts of court opinions for sufficient second? 29-to-10 comparison with President both legal and technical accuracy as There appears to be a sufficient sec- Obama clearly ahead of where Presi- well as identification of conflicting ond. dent Bush was. And, as I said, we have legal precedent, occasionally writing already confirmed more nominees this for individual judges. There is a sufficient second. year—29—than we did during the en- From 1998 to 2008, Mr. Chen served as The question is, Will the Senate ad- tirety of 2005, the first year of Presi- an associate solicitor in the Office of vise and consent to the nomination of

VerDate Mar 15 2010 08:26 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.002 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6154 CONGRESSIONAL RECORD — SENATE August 1, 2013 Raymond T. Chen, of Maryland, to be Mr. REID. Madam President, have Let me point out that the numbers in United States Circuit Judge for the Senators sit down and shut up. OK. It the House bill were not realistic. That Federal Circuit? is unfair. Senator MURRAY has some- is one of the reasons it failed. The The clerk will call the roll. thing to say. Senator COLLINS has numbers in our bill are not unrealistic. The assistant bill clerk called the something to say. It is just not polite. They are too high. They would come roll. The PRESIDING OFFICER. The Sen- down in conference. The President’s re- Mr. DURBIN. I announce that the ate will be in order. Senators will take quest was artificially low due to sev- Senator from Louisiana (Ms. LAN- their conversations from the well. The eral budget gimmicks and scoring dif- DRIEU) is necessarily absent. Senate will be in order. ferences. We took care of those gim- Mr. CORNYN. The following Senators The Senator from Maine. micks. We have an honest bill that is are necessarily absent: the Senator Ms. COLLINS. Thank you, Madam before our Members. Let me give you from Oklahoma (Mr. INHOFE) and the President. just one example of a gimmick that Senator from Arizona (Mr. MCCAIN). Madam President, the Senate will was in the President’s budget. His re- The PRESIDING OFFICER. Are there shortly decide whether to invoke clo- quest for the section 8 project-based any other Senators in the Chamber de- ture on the fiscal year 2014 Transpor- rental assistance is insufficient to fully siring to vote? tation, Housing and Urban Develop- fund the 12-month renewal contracts The result was announced—yeas 97, ment appropriations bill. We have with private owners. nays 0, as follows: spent nearly 2 weeks debating this bill We are not going to be throwing peo- [Rollcall Vote No. 198 Ex.] and working through approximately 85 ple out of those subsidized apartments YEAS—97 amendments. after 10 months in the year. So Senator We were making progress. We even Alexander Flake Murphy MURRAY and I added funding to more Ayotte Franken Murray had a vote on a nongermane amend- accurately reflect what was needed. Baldwin Gillibrand Nelson ment, which clearly would have fallen That was over $1 billion of the dif- Barrasso Graham Paul to a point of order had one been raised. ference. There was the difference in the Baucus Grassley Portman Begich Hagan So no one has been shut out of this scoring by CBO and OMB. We have to Pryor process. Bennet Harkin Reed go by CBO. That accounted for $1.8 bil- Blumenthal Hatch Reid Chairman MURRAY and I have repeat- lion. Blunt Heinrich Risch edly encouraged Senators to come to It is disappointing to me that we Boozman Heitkamp Roberts Boxer Heller the floor, file, and debate their amend- have not gone to conference on the Brown Hirono Rockefeller ments to improve the bill we reported. budget because we would not be in this Burr Hoeven Rubio It has been an open and transparent Sanders dilemma. We would have agreed-upon Cantwell Isakson debate thus far, a return to regular Cardin Johanns Schatz allocations that would guide the appro- Carper Johnson (SD) Schumer order—something I have heard vir- priations process. But in the absence of Casey Johnson (WI) Scott tually everyone here urge us to do. that, what is wrong with proceeding Chambliss Kaine Sessions Nevertheless, some Senators are in- with this bill with cutting spending in Chiesa King Shaheen tent on preventing this legislation Coats Kirk Shelby it? If Members have amendments they Coburn Klobuchar Stabenow from moving forward, despite the fact wish to offer to cut spending—and Cochran Leahy Tester that this bill is not the final version of there are a few that have been offered, Collins Lee Thune the transportation and housing appro- but as I said, none that bring it down Coons Levin Toomey priations bill. It is only one step in the Corker Manchin Udall (CO) to the House’s level in an account-by- Cornyn Markey Udall (NM) process but an essential step—one that account manner. Crapo McCaskill Vitter will allow the Senate to move forward I am still hopeful we will be able to Cruz McConnell Warner and eventually negotiate with the Donnelly Menendez pass this bill and start bringing other Warren Durbin Merkley House of Representatives to decide on a appropriations bills to the floor before Enzi Mikulski Whitehouse top line and to further improve the Wicker the end of the fiscal year because forc- Feinstein Moran bill. Fischer Murkowski Wyden ing the government to operate under A considerable number of my col- continuing resolutions is irresponsible. NOT VOTING—3 leagues have advocated for the House It ends up costing more money in the Inhofe Landrieu McCain funding level of $44 billion and have op- long run. It is wasteful because we con- The nomination was confirmed. posed the Senate bill. But I would like tinue to fund programs that are no The PRESIDING OFFICER. Under to point out that not one of my col- longer needed because we are just con- the previous order, the motion to re- leagues has offered a specific amend- tinuing current law. consider is considered made and laid ment, account by account, to reduce So I urge my colleagues to think upon the table, and the President will the funding levels, program by pro- very carefully about this vote. It would be immediately notified of the Senate’s gram, in this bill to meet the $44 bil- be so unfortunate if we go home to our action. lion level in the House bill. constituents in August and are forced I personally offered an amendment f to tell them we are unable to do our that said that in October, if we find we job. We should continue working on LEGISLATIVE SESSION have breached the top line of the Budg- this bill. We should invoke cloture. The PRESIDING OFFICER. The Sen- et Control Act, we would go back to This bill undoubtedly would have been ate will now resume legislative session. the appropriations process and redo the reduced in conference had we been al- f bill to meet that top line. lowed to go forward. I would also point out that yesterday I do wish to thank many of my col- CLOTURE MOTION the House leadership was forced to pull leagues for working with us as we tried The PRESIDING OFFICER. Under its THUD bill from the floor due to so hard to advance this important leg- the previous order, there will be 10 lack of support. Some Republican islation. I am particularly grateful to minutes for debate only, with the Sen- Members thought the spending levels Chairman MURRAY for her bipartisan ator from Maine Ms. COLLINS control- were too high. But it is surely signifi- approach and collaboration and for ling 8 minutes and with 2 minutes cant that a substantial number of Re- working so closely with me throughout equally divided in the usual form prior publicans felt the bill, as written, was the process. to a vote on the motion to invoke clo- far too low and would hurt our home- Finally, I would be remiss if I did not ture on S. 1243. less veterans, would delay repair of our thank our staffs on both sides of the Mrs. MURRAY. Madam President, crumbling infrastructure, and would aisle for their hard work. They have the Senate is not in order. slash the Community Development worked night and day on this bill. I The PRESIDING OFFICER. The Sen- Block Grant Program to the lowest will put all of their names in the ate is not in order. level in history, to below the 1975 level RECORD. I know my time is expiring. The Senate will be in order. when it was first created by President Let’s do the right thing. Let’s pro- The majority leader. Ford. ceed to end the debate on this bill, take

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The Sen- Regretfully, I would strongly urge Coats Isakson Shelby ator from Washington. my colleagues to keep the bipartisan Coburn Johanns Thune Cochran Johnson (WI) Mrs. MURRAY. Madam President, I commitment we made 2 years ago and Toomey wish to echo what my good friend and Corker Kirk to vote no on cloture on this bill. Cornyn Lee Vitter partner on this bill Senator COLLINS I yield the floor. Crapo McConnell Wicker just said. Similar to all of us, when I go The PRESIDING OFFICER. The clo- Cruz Moran home to my State of Washington, I do ture motion having been presented NOT VOTING—3 not hear a lot from my constituents under rule XXII, the Chair directs the Inhofe Landrieu McCain about partisan politics. They do not clerk to read the motion. ask me which party is up or which The bill clerk read as follows: The PRESIDING OFFICER. On this vote, the yeas are 54, the nays 43. party is down. They do not care about CLOTURE MOTION the political games and certainly not Three-fifths of the Senators duly cho- We, the undersigned Senators, in accord- who is winning or losing them. sen and sworn not having voted in the ance with the provisions of rule XXII of the affirmative, the motion is rejected. The vast majority of people I talk to Standing Rules of the Senate, hereby move when I go home ask me what we are to bring to a close debate on S. 1243, a bill f doing in Congress to create jobs and making appropriations for the Departments HIGH SPEED RAIL PERMITTING get this economy going again. They of Transportation, and Housing and Urban ask me what we are doing to break Development, and related agencies for the Mrs. FEINSTEIN. Mr. President, through this gridlock and the constant fiscal year ending September 30, 2014, and for Chairman MURRAY, and Senator BOXER, manufactured crises and make sure other purposes. I rise to discuss with you the impor- Harry Reid, Patty Murray, Barbara A. tance of funding for the Surface Trans- this country, this economy, is working Mikulski, Jon Tester, Tom Harkin, for them and their families. portation Board in this legislation, as Jack Reed, Dianne Feinstein, Tim well as the funding that Chairman They tell me they want Democrats Johnson, Tom Udall, Mark Begich, and Republicans working together. Christopher Murphy, Patrick J. Leahy, MURRAY has provided to the Federal They want us to get into a room and Richard J. Durbin, Bill Nelson, Chris- Railroad Administration to continue to put politics aside and put our country topher A. Coons, Amy Klobuchar, administer its grant awards. first and find some common ground and Mazie K. Hirono, Richard Blumenthal. As you know, opponents of Califor- get something done. That kind of work The PRESIDING OFFICER. By unan- nia’s high-speed rail project are at- is far too rare these days, though many imous consent, the mandatory quorum tempting to use the Federal permitting of us are fighting to change that. I am call has been waived. process in order to prevent the Na- very proud the Transportation bill we The question is, Is it the sense of the tion’s first high-speed rail project from are about to vote on does just that. Senate that debate on S. 1243, a bill moving forward and succeeding. The bill is not exactly what I would making appropriations for the Depart- The Surface Transportation Board have written had I done it on our own ments of Transportation, and Housing funding will provide the resources nec- or what Senator COLLINS would have and Urban Development, and related essary to continue the Board’s efforts done on her own. agencies for the fiscal year ending Sep- to permit the growth of passenger rail The PRESIDING OFFICER. The Sen- tember 30, 2014, and for other purposes projects in the United States. The ator’s time has expired. shall be brought to a close? funding in the bill for the Federal Rail- Mrs. MURRAY. Madam President, I The yeas and nays are mandatory road Administration will ensure that ask unanimous consent for 30 addi- under the rule. this agency is able to monitor and ad- tional seconds. The clerk will call the roll. minister the grants it already awarded. The PRESIDING OFFICER. Without The bill clerk called the roll. Mrs. MURRAY. I am pleased to fund objection, it is so ordered. Mr. DURBIN. I announce that the the Surface Transportation Board. I agree with my colleague from Cali- Mrs. MURRAY. This is a bill that is Senator from Louisiana (Ms. LAN- fornia that this agency needs funding a compromise that reflect the deep DRIEU) is necessarily absent. cuts we have set in the spending levels Mr. CORNYN. The following Senators in order to comply with its governing of the Budget Control Act. It reflects are necessarily absent: the Senator statute, which directs the Board to support the growth of rail in the the best ideas of both sides. So I urge from Oklahoma (Mr. INHOFE) and the United States. my colleagues to move past the ob- Senator from Arizona (Mr. MCCAIN). struction, get over the gridlock. Let’s The PRESIDING OFFICER. Are there I share your concern that some oppo- show the American people we can work any other Senators in the Chamber de- nents of a single project in California for them. siring to vote? are trying to limit the ability of the The PRESIDING OFFICER. The Re- The yeas and nays resulted—yeas 54, Surface Transportation Board to oper- publican leader. nays 43, as follows: ate under its statute. The appropria- Mr. MCCONNELL. Madam President, tions bill before us provides the Sur- [Rollcall Vote No. 199 Leg.] I wish to commend the Senior Senator face Transportation Board with the re- from Maine for the extraordinary YEAS—54 sources necessary to facilitate Cali- amount of work she and her staff have Baldwin Hagan Murray fornia high-speed rail, not stand in its Baucus Harkin Nelson put into this bill. But regretfully, Begich Heinrich Pryor way. where we are is cloture on this Trans- Bennet Heitkamp Reed This bill in no way limits the ability portation bill will be viewed as a ques- Blumenthal Hirono Reid of the Board to oversee projects under tion of whether we intend to keep the Boxer Johnson (SD) Rockefeller its jurisdiction and facilitate their con- Brown Kaine Sanders commitment we made to the American Cantwell King Schatz struction. people 2 years ago this month to reduce Cardin Klobuchar Schumer Ms. MIKULSKI. I agree that this bill $2.1 trillion in spending over the next Carper Leahy Shaheen in no way limits the ability of the Casey Levin Stabenow 10 years. Collins Manchin Tester Board to oversee projects under its ju- The House of Representatives is Coons Markey Udall (CO) risdiction and facilitate their construc- marking to a $91 billion-a-year lower Donnelly McCaskill Udall (NM) tion. figure which reflects the law. I believe Durbin Menendez Warner Mrs. BOXER. Thank you, Chairman Feinstein Merkley Warren that if we invoke cloture on this bill Franken Mikulski Whitehouse MURRAY and Chairman MIKULSKI, for and move forward, it will be widely Gillibrand Murphy Wyden explaining that this legislation will

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Under man MIKULSKI for your explanation. awarded grants to California, and I the previous order, there will be 2 I am deeply alarmed by attempts in thank Chairman MURRAY for advancing hours of debate equally divided be- the other body of Congress to prohibit this legislation. tween the proponents and the oppo- the Department of Transportation and I would also like to note that this nents. the Surface Transportation Board from project is incredibly important to the The Senator from Vermont. completing their permitting and over- future of California. California’s 170,000 Mr. LEAHY. Mr. President, I am sight responsibly. miles of roadway are the busiest in the pleased to strongly support the nomi- These attempts violate the spirit of Nation, with automobile congestion nation of Samantha Power to be the federalism. The California high-speed draining $18.7 billion in lost time and next United States Ambassador to the rail project was approved by Califor- wasted fuel from the State’s economy United Nations, and I commend Presi- nia’s voters on the ballot, the legisla- every year. dent Obama for selecting her for this ture has enacted enabling legislation, Additionally, flights between Los An- extremely important position. and the Governor supports it. geles and the Bay area, which is the Born of Irish parents and raised in While some may not like this type of busiest short-haul market in the Ireland until she was 9, Samantha and transportation investment, it is the United States with 5 million pas- her parents emigrated to Pennsylvania choice that my State has made for sengers annually, are the most delayed and Georgia, and she attended Yale and their future, and the Federal Govern- in the country, with approximately one Harvard. ment should respect those decisions. in every four flights late by an hour or She is well known for her accom- Furthermore, I strongly believe the more. plishments as a journalist during the Federal permitting process should not California’s high-speed rail system conflicts in the former Yugoslavia, her be used as a tool to obstruct and delay will not only increase mobility and Pulitzer Prize-winning book, ‘‘A Prob- major infrastructure investments of save lost time and money over the lem from Hell,’’ her leadership of the our States. coming decades, it will also create Carr Center for Human Rights, and her Permitting infrastructure in Cali- near-and long-term employment oppor- work as the senior director for Multi- fornia is a notoriously thorough, long, tunities, enhance environmental and lateral Affairs and Human Rights at and comprehensive process. In the energy goals, and spur economic devel- the National Security Council. years California has analyzed this one opment. Samantha is a person of extraor- project, China has built thousands of Mrs. MURRAY. As my colleagues dinary intellect, exceptional integrity, miles of high-speed rail. know, California has a grant agree- and a strong moral compass. She is But this year, in an attempt to sty- ment with the Department of Trans- willing to challenge conventional wis- mie the project, opponents of Califor- portation, and California has spent dom and fight for things she feels pas- nia’s plan forced the Surface Transpor- funds consistent with that agreement. sionately about, irrespective of the tation Board—an agency dedicated to I was extremely careful to draft the forces aligned against her. protecting fair competition in freight Senate bill to ensure that California Samantha is an internationalist. She rail—to assert Federal jurisdiction will be able to be reimbursed for their believes in the indispensable role that over California’s high-speed rail expenses. multilateral organizations play in ad- project. Mrs. FEINSTEIN. Thank you, Chair- dressing global problems no country This new layer of Federal permitting man MURRAY, for ensuring that Cali- can solve alone—from genocide to glob- is duplicative of the thorough 5-year- fornia will not be left holding the bag, al warming to international terrorism. long review performed by the Federal which is not a fair way for the Federal At the National Security Council she Railroad Administration. Nonetheless, Government to treat the States. Were also brought much-needed attention to State and Federal entities complied an appropriations bill to prevent the human trafficking, protection for refu- with this extraneous requirement. Federal Government from honoring its gees, gay rights, and gender-based vio- However, now opponents are working grant commitments, it would set a lence. But what some people may be vigorously to stall the actions at the dangerous precedent. I am concerned less aware of is the depth of Surface Transportation Board that will that it would undermine the competi- Samantha’s devotion to the principles allow construction to finally begin in tive process. on which this country was founded, and earnest. which I believe is one of the key rea- Fortunately, the Surface Transpor- f sons the President nominated her. tation Board exists to facilitate the RECESS Samantha is an American patriot. growth of rail in the United States— The PRESIDING OFFICER. Under She will not only strive to ensure that not to impede it. As long as the Board the previous order, the Senate stands the United States leads by example at acts quickly within its statutory au- in recess until 2 p.m. the United Nations, but that we do so thority, it will not impede California’s Thereupon, the Senate, at 12:57 p.m., in a manner that honors the Constitu- decisions. recessed until 2 p.m. and reassembled tion and the idealism of those who Mrs. BOXER. I also share the con- when called to order by the Presiding wrote it, which continue to inspire peo- cerns expressed by Senator FEINSTEIN, Officer (Mr. COONS). ple around the world. That is what peo- and I would also like to reiterate that ple expect of the United States, and I f the people of California voted to fund know of no one better suited to turn this project. The California State Leg- EXECUTIVE SESSION that expectation into reality. islature voted to fund this project, and At a time when the United States the Department of Transportation, faces emerging threats and inten- after weighing a number of applica- NOMINATION OF SAMANTHA sifying competition for natural re- tions for high-speed rail across the Na- POWER TO BE THE REPRESENT- sources, human rights are under as- tion, decided to fund this project. I find ATIVE OF THE UNITED STATES sault in many countries, and millions it troubling that opponents have at- OF AMERICA TO THE UNITED of people live in squalor or have fled tempted to hinder the advancement of NATIONS their homes due to armed conflict, nat- this project by curtailing an inde- The PRESIDING OFFICER. Under ural disasters, or the effects of over- pendent agency’s mission and respon- the previous order, the Senate will pro- population and climate change on the sibilities, as well as trying to prohibit ceed to executive session to consider availability of land, water and food, the transmission of appropriated funds the following nomination, which the how effectively we use our influence to its rightful destination. clerk will report. globally will determine the kind of I am pleased that this legislation will The legislative clerk read the nomi- world our children and grandchildren allow the Surface Transportation nation of Samantha Power, of Massa- inherit.

VerDate Mar 15 2010 01:09 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.025 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6157 Now is the time for the United States Samantha is not only knowledgeable, tion. Instead, what we got in response to embrace these challenges, and I am she is knowledgeable in the right way was a rehearsed line. I believe it was a confident that Samantha Power will do when it comes to foreign policy. She is missed opportunity for her and for all so with every bit of conviction and en- not only smart, but she is worldly. She of us. To me, these statements she ergy that she has. has the charisma, in her own way, No. made in the past and her inability to To those Senators of either party 1, to express herself in a way that right answer or address them raise questions who have at times differed with this now the United States needs to be ex- about her judgment, although—let me administration over foreign policy or pressing itself. be clear—I certainly do not question who may doubt the importance of U.S. This is why I am so excited about the her patriotism. support for the United Nations, I en- opportunity to see her on the ground at Secondly, I have an even greater con- courage those Senators to speak to the United Nations representing our cern that she is being appointed by a Samantha directly. There is no one great country. She can be tough when President whose foreign policy is fast better informed, no one more willing to she needs to be tough. She can be char- becoming an utter and absolute failure. listen to other points of view, and no ismatic, and she can also be sharp- From crises in the Middle East, to stra- one more persuasive, than Samantha tongued. tegic uncertainty in Asia, to a country Power. With the adversaries she is going to we were told was a partner but is now I yield the floor. have to be dealing with at the United harboring a fugitive and traitor who The PRESIDING OFFICER. The Sen- Nations, all of those assets are going to has done great damage to U.S. national ator from Idaho is recognized. come into play. Samantha is going to security, I believe the world is now Mr. RISCH. I thank the Chair. do a great job as our next U.N. Ambas- more dangerous and more uncertain (The remarks of Mr. RISCH pertaining sador. I applaud her for her willingness than when President Obama took of- to the introduction of S. 1430 are lo- to engage in public service. I would en- fice. It is increasingly apparent that cated in today’s RECORD under ‘‘State- courage all of my colleagues to support our foes are more willing than ever to ments on Introduced Bills and Joint her nomination to be the next Ambas- challenge us. Even more troubling is Resolutions.’’) sador to the United Nations. that those who seek to emulate us, who Mr. RISCH. Mr. President, I yield the I yield the floor. desire the freedom we all, as Ameri- floor. The PRESIDING OFFICER. The Sen- cans, enjoy, are often left to fend for Mr. CHAMBLISS. I rise to promote ator from Florida. themselves with little American sup- and suggest to my colleagues on both Mr. RUBIO. Mr. President, I under- port. sides of the aisle that we support the stand we have 1 hour available in oppo- A strong, engaged America has been nomination of Samantha Power to be sition. good for the world and for the Amer- the next Ambassador to the United Na- The PRESIDING OFFICER. The Sen- ican people. When America fails to tions. ator is correct. lead, the result, as we see in Syria This is a very complex world we live Mr. RUBIO. Mr. President, I wish to today, is chaos—a chaos that allows in today. Certainly the forum of the speak in opposition to the pending others with goals other than our own United Nations, in spite of some issues nomination. I would like to take a few to fill the void we leave behind. that all of us had with that body over minutes to discuss the nomination of History taught us twice in the last the years, remains the one forum Ms. Samantha Power to be the next century that even if we put our heads where the United States, No. 1, gets to U.S. Ambassador to the United Na- in the sand and try to ignore the exhibit strong leadership with our tions. world’s problems, those problems will friends, our allies, our adversaries, and Let me begin by saying that Ms. not ignore us. I realize the American a strong voice in the United Nations is Power is an impressive person. She has people are weary of war. We have paid imperative. an inspiring personal story, she is a tremendous price in lives and money Samantha Power is an individual clearly very intelligent, and she has al- in the war on radical Islamic ter- who possesses the type of character, ready accomplished much in her ca- rorism. But to follow the advice of the type of strong background, and the reer. However, I do have three concerns those—including some in the Repub- person who possesses the intellect and I want to take a moment to highlight lican Party—who advocate disengage- the right kind of ability to commu- today. ment from the world would be a ter- nicate to represent us today in this The first has to do with a concern I rible mistake. If we follow their advice, complex world at the United Nations. have about her unwillingness to di- we will only pay a higher price in the Samantha was born in Ireland but rectly answer questions I personally long term. moved to the United States shortly posed to her during her confirmation Let me be clear. That does not mean thereafter. She was educated in the hearing before the Senate Foreign Re- America can solve every problem or public schools in Atlanta, Yale, and lations Committee. I asked her about get engaged in every civil war on the Harvard. Obviously, she has the intel- statements attributed to her in the planet. I would confess that we also lect, from a background standpoint, to past alleging that the United States have voices here that are too eager to represent our country at the U.N. had committed ‘‘crimes’’ that it needed engage America in every conflict on Between her stints at Harvard and to reckon with. I raised the question the planet. We need to be careful about Yale, she did reporting as a journalist not to embarrass her but to give her when, where, and how we engage Amer- on the ground, reporting on the Yugo- the opportunity to clarify by either ican forces overseas. But isolationism slav wars. She was hands-on dodging pointing out examples of these crimes on the one hand and hyperintervention bullets and being involved from the or to clarify what she meant by those on the other are not our only two op- standpoint of making reports to var- comments. Instead, she kept avoiding tions. Between these two choices we ious journals and other publications directly addressing my question. She have a third option, and it is this—one about what was happening in those kept saying that America was the based on the idea that while the United Yugoslav wars. greatest country in the world and that States cannot solve every problem in Samantha is an individual who devel- she wouldn’t apologize for America. the world, there are very few problems oped a passion for human rights. She is I don’t think it is unreasonable to be in the world that can be solved without not bashful about sharing that passion. concerned about those statements, and the United States. It is a commendable passion that she I do not think it is unfair to be con- If a problem can be solved by using has for human rights. cerned about the fact that we are send- an international forum such as the From 2005 forward, Samantha has ing someone to represent us at the United Nations, that is fine, but more been involved almost exclusively in the most important international forum in often than not the United Nations can arena of foreign policy, first as a staff- the world who thinks the United States not and will not confront the problem. er for then-Senator Obama, later in- has committed crimes that it needs to In the end, the truth is that America is volved in his campaign, and most re- reckon with. still the only Nation in the world able cently as a member of the National Se- I believe I and members of the com- to form and lead coalitions to confront curity staff. mittee deserved an answer to the ques- evil and solve problems. It is still the

VerDate Mar 15 2010 01:09 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.066 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6158 CONGRESSIONAL RECORD — SENATE August 1, 2013 only Nation on Earth able to keep the terrorism was partially because George this effect. I am pleased to have as co- seas open for trade. It is still the only W. Bush was hated in the Muslim sponsors Senators CORNYN, RISCH, and Nation capable of maintaining the safe world. But despite his speech in Cairo, FLAKE, and I hope more of my col- balance of power in Asia and Europe despite his efforts to close Guanta- leagues will join this effort. and around the world. It is still the namo, despite his elimination of the I am not the first person to raise con- only Nation on Earth capable of pre- use of the term ‘‘war on terror,’’ Al cerns about the effectiveness and util- venting rogue nations from becoming Qaeda continues to hate America, and ity of the United Nations. Former Sen- nuclear powers. And it is still the only even as I speak here today they con- ator John Danforth, who was serving as Nation on Earth capable of targeting tinue to plan attacks against America our Ambassador to the United Nations and diminishing radical terrorist orga- here and around the world. in 2004, when the U.N. General Assem- nizations that plot to attack and kill The President is not alone in failing bly couldn’t even pass a resolution con- Americans here at home and around to confront these threats. I am afraid demning human rights violations in the world. that because of the success we have Sudan, said at the time: We should be careful when we get in- had in preventing another attack on One wonders about the utility of the Gen- volved. Foreign aid is not a one-way the scale of 9/11, some of our leaders in eral Assembly on days like this. One wonders street and should always be condi- both parties have been lulled into a if there can’t be a clear and direct statement tioned and based on our national inter- sense of false security. I certainly sup- on matters of basic principle, why have this ests. Military power should be em- port the privacy rights and expecta- building? What is it all about? ployed judiciously and only where it tions of all Americans, but, my col- Anyone who has followed the United can make a difference in defending our leagues, I also know for a fact that the Nations closely, especially in recent long-term goals. But we cannot pretend surveillance programs our government years as the Security Council has that if we ignore our enemies, they will uses have prevented attacks and saved failed to respond to the crisis in Syria ignore us. We must be involved, and American lives. as more than 100,000 Syrians have died when we get involved we must make I think it is a mistake to dismiss pri- and hundreds of thousands more have sure not just that we are doing it the vacy concerns as crazy. After all, we been forced out of their homes, across right way, we must make sure we are have a government whose tax-col- borders, straining all of Syria’s neigh- doing it at the right time because lecting agency has targeted Americans bors, leaving behind a failing state that sometimes acting too late is worse because of their political views. But it is becoming a safe haven for global than not acting at all. When we do get is also a mistake to exaggerate them. jihadists—all of the people who have involved, it is OK to be motivated by After all, if a known terrorist is shared these concerns and have seen humanitarian concerns, but the pri- emailing or calling someone in the this happen should be rightly asking mary objective of our foreign policy United States, we had better be able to the same question Senator Danforth must always be to protect our people know who and where that person is. asked back then. from those who do or may one day If Osama bin Laden had been calling In the midst of this horrific crisis, want to harm us. someone in the United States on their the United Nations has even been un- This is the kind of clear strategic cell phone, I promise you it wasn’t a able to achieve consensus on the issue view of America’s role and of our inter- stockbroker. We had better know be- of whether to allow international hu- ests that should guide our foreign pol- cause these people are still plotting manitarian organizations to provide icy. It is the kind of clear strategic against us, and not if but when they cross-border support to tens of thou- thinking this President has failed to strike again the American people are sands of Syrians stuck in camps facing lay out. As a result, what we see all going to turn to us and ask: What has frequent shelling and attacks from the around us is failure. the Federal Government been doing to Assad regime. The President dithered on Syria. We Just as we are troubled by this in- should have tried to identify secular prevent this, we had better have a good answer. ability to tackle the world’s toughest rebels early in the conflict, and we problems, we should also be angry should have made sure they were the We live in a very dangerous world, one, by the way, where our enemies about the fact that for decades more best armed and the best trained group human rights criticism at the United on the ground. Instead, the President aren’t just other countries anymore. Our enemies are also rogue states, Nations has been directed against decided to lead from behind and allow Israel than against actual human others to decide whom to arm, and the well-armed militias, and radical cler- rights violators and that U.N. agencies result is that today it is rebel groups ics. This kind of danger calls for a clear and organizations have employed bla- linked to Al Qaeda—foreign fighters, strategic vision on foreign policy, and tant anti-Semites; or that for decades not even Syrians—who are the best this President, sadly, does not have recipients of U.S. foreign aid have only armed and best equipped groups within one, which brings me to my third and voted with the United States at the Syria. Now I fear Syria may be headed primary concern about Ms. Power’s United Nations less than one-third of toward becoming another Afghanistan nomination, and it is one that is re- the time and such support, by the way, before 9/11, toward becoming the pre- lated to the United Nations itself. doesn’t even currently factor into U.S. mier operational area in the world for We need an advocate in New York decisions about who receives our for- global jihadists. who makes it their primary focus to The President entered office with the ensure that the United Nations is more eign aid; or the fact that the world’s naive belief that we could convince accountable, that it is more effective, most notorious tyrants and human Iran to become a responsible nation by, and that it serves U.S. interests and is rights violators are allowed to serve on quite frankly, being nicer to them. He not just some multilateral ideal in the Human Rights Council rather than wasted valuable early years in his which we invest all of our hopes. being condemned by it; or by the fraud Presidency not giving the Iranian If she is confirmed today, I hope Ms. and the mismanagement that has per- threat priority, and now the Aya- Power does indeed become that type of vaded the U.N.’s peacekeeping oper- tollahs continue the march toward ac- Ambassador. But I have not been satis- ations, including abuses and exploi- quiring both nuclear weapons and long- fied by the evidence thus far of this ad- tation of the very people that those range missiles that can one day threat- ministration’s willingness to be serious peacekeepers were sent to protect; or en the United States. about tackling these issues over the by the Security Council resolutions on I would be remiss if I did not point last 41⁄2 years that ensure that every Iran and North Korea that members of out that in 2009 he missed an oppor- American dollar going to the United the U.N. willfully violate, as we re- tunity to clearly stand on the side of Nations actually advances America’s cently saw with the Panamanian cap- those protesting a stolen election and interests. I think Congress needs to ture of a ship transferring weapons instead chose not to because he didn’t play a more active role in forcing this from Cuba, one rogue state, to North want to interfere in the ‘‘sovereignty’’ very much needed change to occur. Korea, another one; or by the prolifera- of another nation. What I would like to do in closing is tion of mandates that have clouded the The President also wasted time spend a few minutes highlighting legis- organization’s mission and effective- thinking the cause of radical Islamic lation that I recently introduced to ness.

VerDate Mar 15 2010 01:09 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.064 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6159 The list goes on and on. But let me In closing, for more than six decades believes that Israel should give up its be clear. I am not here to argue that now the United Nations has served as historical right to its land, and that we don’t need the United Nations. an important multilateral forum to ad- the U.S. should impose a peace plan Ideally, we would have a United Na- dress peace and security issues upon Israel with the Palestinian Au- tions where the nations of the world throughout the world. But it has never thority. She has also repeatedly ac- would come together and seriously deal been, and it is not now, a substitute for cused our friend Israel of human rights with North Korea, Iran, radical Islam, strong American leadership. When abuses. This certainly does not rep- and human rights. But the United Na- America fails to lead, the world be- resent the views of the people or that tions we have right now isn’t capable comes more dangerous. of the leadership of the United States. of any of this. It has basically become The United Nations is badly broken. Lastly, in addition to her lack of dip- a forum for nations whose interests are I hope we will work to force meaning- lomatic skills, Ms. Power has no man- directly opposed to ours, to block our ful transparency and accountability re- agement experience, causing me to efforts using the United Nations as forms for the United Nations. But so question her ability to lead at the cover. far this administration does not seem United Nations. The U.S. Mission to That is how North Korea and Iran very interested in doing so and, unfor- the U.N. is constantly facing manage- continue to evade sanctions. That is tunately, at least based on our con- ment issues, and I had hoped that how Israel’s enemies continue their ef- versations, neither does the nominee President Obama would have nomi- forts to delegitimize the Jewish State. before us. Therefore, until we begin to nated someone who could effectively That is how Assad continues to mas- take some positive steps in that direc- promote U.S. initiatives there. Unfor- sacre his own people with weapons tion, I will not be able to support tunately, Ms. Power is not such a built in and supplied by the Russians. Obama administration nominees who nominee. More than six decades after its cre- have not committed to significant re- It is for these reasons that I oppose ation, we still hope for a United Na- form of the United Nations. Samantha Power’s nomination as the tions with resolve, a United Nations Ms. Power has failed to make such a U.S. Ambassador to the United Na- that acts with effectiveness and pur- commitment. Therefore, that is why I tions.∑ pose. Sadly, the United Nations’ per- am voting against her nomination to Mr. RUBIO. I yield back the balance sistent ethics and accountability prob- be our next Ambassador to the United of the time available to the opposition. lems are limiting its role. Until the or- Nations. The PRESIDING OFFICER. Without ganization addresses these important ∑ Mr. INHOFE. Mr. President, I wish to objection, it is so ordered. issues, it will continue to be ineffective express my opposition to the nomina- The Senator from New Jersey. and often irrelevant. tion of Samantha Power to be U.S. Am- Mr. MENENDEZ. Mr. President, I Americans should care about this bassador to the United Nations. rise to speak on behalf of Samantha more than any other people because we As you know, I am very interested in Power’s nomination to be the Ambas- shoulder the primary fiscal burden of the ability of our American oil and gas sador to the United Nations. the United Nations’ budget, and our pa- industry to compete for business in the As I said in the Senate Foreign Rela- tience is not limitless. We don’t believe country of Myanmar as soon as pos- tions Committee, which I chaired, on in continuing to throw money at pro- sible. By virtually every international Ms. Power, her appointment as Ambas- grams and projects that fail to accom- standard, the U.S. oil and gas industry sador to the United Nations has come plish their objectives. is the world leader in technical innova- with much fanfare and with some criti- So my hope with the legislation I tion. It is my understanding, however, cism—which, at the end of the day, filed is to provide an incentive for the that Ms. Power, as one of the Obama means she must be doing something United Nations and the President and administration’s point persons in pur- right. In that regard, as I listen to my our Ambassador in New York to mod- suing a liberal international agenda at- colleague member of the committee ex- ernize that international body along a tempted to ’carve out’ the American press his reservations and his opposi- spirit of transparency, respect for basic petroleum industry from doing busi- tion to Ms. Power, I think we have to human freedoms, and effective non- ness in Myanmar when the United have some context. proliferation. This legislation would States suspended economic sanctions When she responded: The United also attempt to address the anti-Se- against this country last year. Fortu- States is the greatest country in the mitic attitudes that have become so nately, wiser powers within the execu- world and I will not apologize for it, it prevalent in certain corners of the tive branch prevented such a carve out was her way of rejecting any character- United Nations and seriously diminish from occurring, and now the American ization of statements that she made in the effectiveness and credibility of the petroleum industry can compete with the past. It was very clear to me. I entire U.N. system. those companies from the European want a U.N. ambassador sitting in At the core of these reforms that I Union, China and Russia, which are al- front of the world who considers the proposed is an effort to instill a sense ready there. Clearly, this carve out United States the greatest country in of transparency and competition at the strategy would have been a strategic the world and who will not apologize United Nations by its adoption of a mistake, and it has led me to question for the United States before that world budgetary model that relies mostly on seriously Samantha Power’s ability to body. She made it very clear that is ex- voluntary contributions. This legisla- represent adequately U.S. national in- actly what she intends to do. tion would also strengthen the inter- terests and security needs at the On accountability, we cannot achieve national standing of human rights by United Nations. I believe that Amer- accountability at the United Nations if reforming the U.N. Human Rights ican companies, and especially our oil we do not have a U.N. Ambassador Council in a way that would deny and gas companies, can play positive there to lead the effort on account- membership to nations under U.N. roles in the democratic transition in ability. On those questions where she sanctions, designated by our Depart- Myanmar by demonstrating high was asked by several members: Are you ment of State as state sponsors of ter- standards of responsible business con- committed to making the United Na- rorism or failing to take measures to duct and transparency, including re- tions a more accountable organization, combat and end the despicable practice spect for labor and human rights. Ms. not only did she say yes several times, of human trafficking. Other provisions Power’s inability to recognize this fact in the affirmative, but she gave exam- of the bill seek meaningful reforms at is very troubling. ples of how that accountability can be the U.N. Relief and Work Agency that In addition, I find her position on achieved. We need an Ambassador to provides assistance to Palestinian refu- Israeli-Palestinian relations of great pursue accountability at the United gees of the 1948 Arab-Israli conflict. concern. Israel is our friend and the Nations. This legislation is needed because the sole democracy in the Middle East. It Finally, I agree with my colleague structure and bureaucratic culture of is a nation that we should support and that when America fails to lead in the organization often makes it impos- promote in a region that is torn by vio- some critical times, we leave a void in sible or, at best, downright difficult to lence and conflict. Samantha Power the world. But we cannot lead if we do achieve meaningful reforms. does not see it this way. Rather, she not have a U.N. Ambassador raising

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.072 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6160 CONGRESSIONAL RECORD — SENATE August 1, 2013 their voice and their vote on our behalf Maria Paya, daughter of the longtime She has a record of support for Israel and on some of the critical issues of the dissident and Cuban activist, Oswaldo she will continue her advocacy as U.N. am- day. Paya who died under mysterious cir- bassador for our important ally in the Mid- So this nomination is critical to pur- cumstances last year in Cuba as his car dle East while bringing to the task the balance and judgment required to advise the suing the national interests and secu- was bumped off the road, and I look President and the Secretary of State on the rity of the United States. Whatever my forward to her fulfillment of that com- perspective from the United Nations on the colleagues might think about her nom- mitment. important issues of Arab-Israeli peace as ination, I don’t believe anyone can At the end of day, it is fitting that well as the host of other issues which are question her considerable credentials someone with Ms. Power’s background constantly part of United State’s policy in or her years of service. Certainly, no represent American interests and dealing with the world community through one can question her willingness to American values at the United Na- and with the United Nations. The administration will benefit from her speak her mind, especially her willing- tions. In the words of the U.N. Pre- amble, it was created ‘‘to reaffirm faith perspective; if confirmed, her experience will ness to speak out on human rights allow her to be an effective leader beginning issues around the world. in fundamental human rights, in the on her first day. As a war correspondent in Bosnia, in dignity and worth of the human per- We believe that the Senate should confirm the former Yugoslavia, Rwanda, and son, in the equal rights of men and Samantha Power as soon as possible because Sudan, she has, as she said in her Pul- women and of nations large and small. in this time of opportunity and challenge we itzer Prize-winning book, seen ‘‘evil at ... ’’ need to have the position of US representa- Who better than Samantha Power, a tive at the UN in New York filled and oper- its worst.’’ ating—advocating for US interests—at the Ms. Power has built a career and a recognized advocate for the fundamental rights of every human being, to earliest possible time. reputation as one of the Nation’s most We would be most grateful if you would principled voices against all human be our ambassador to the United Na- ask your staff to insure that this letter is rights violations and crimes against tions? If confirmed, her focus will, of made available to all the members of the humanity. I know that voice will be course, be on the crisis du jour: the Committee of Foreign Relations. heard around the world should we con- Middle East, Syria, Iran, North Korea, With warm regards and respect, MADELEINE ALBRIGHT. firm her. Afghanistan, Pakistan, and others, and the nature of nations that emerge from JOHN DANFORTH. While some of us may not agree with DONALD MCHENRY. everything she has written and said the Arab spring. But I know while she is meeting those challenges, she will EDWARD PERKINS. during her extensive career as a jour- THOMAS R. PICKERING. also be engaged on human rights nalist and foreign policy professional, BILL RICHARDSON. around the world: on freedom of expres- she has been a tireless defender of The PRESIDING OFFICER. The Sen- sion in Latin America; on fighting human rights, and she has seen the ator from Virginia. tragedy of human suffering from the HIV-AIDS, malaria, and polio in Afri- Mr. KAINE. Mr. President, I also rise frontlines firsthand, and it has given ca; on the status of talks to resolve the to support the nomination of her a unique perspective. 66-year-old question of Cyprus; on Samantha Power to be our Ambassador In her role at the National Security women’s rights in Pakistan and labor at the United Nations. Within the last Council, she was clearly involved with rights in Bangladesh and human rights month I had a unique opportunity as in Sri Lanka. U.S. policy toward the United Nations. the junior member of the committee Ms. Power, during her nomination She knows the United Nation’s that my friend Chairman MENENDEZ process, has repeatedly expressed strengths, its weaknesses, and how it steadfast support for the State of Israel chairs, as the head of Foreign Rela- operates. At the end of the day the during her hearing, in her testimony, tions, to spend the day at the United United States needs a representative at and individually to several members of Nations and learn about it from then- the United Nations who will uphold the committee, including myself as Ambassador Rice. I left that day with a American values, promote human chair. She has promised to stand up for couple of reactions: first, very proud to rights, secure our interests and the in- Israel at the United Nations, and I be an American, and, second, concerned terests of our national security. I have know she will. about the challenges the institution every confidence in Samantha Power’s I ask unanimous consent that a let- faces. ability to do exactly that, and I urge ter to the committee in support of Ms. First, on the proud to be American, I my colleagues to join me in supporting Power from six bipartisan former Am- think it is important for us to realize, her nomination. bassadors to the United Nations be for whatever its flaws, the United Na- Personally, I am incredibly appre- printed in the RECORD, calling on the tions would not exist if it were not for ciative of the principled positions she Senate to confirm her as soon as pos- this country. It is a quintessential has taken on the Armenian genocide, sible in this time of opportunity, to American idea to pull together an in- her belief that we should use the les- have a U.S. representative in New York stitution that tries to build peace, that sons of what clearly was an atrocity of advocating for American interests. I tries to solve hunger, that tries to historic proportions to prevent future urge my colleagues to support this solve global health needs. The idea crimes against humanity is a view con- qualified, experienced nominee. I know first gained force through the efforts of sistent with my own and which is sup- she will serve the Nation well. American President and Virginian ported by her role in the President’s There being no objection, the mate- Woodrow Wilson who won the Nobel Atrocities Prevention Board. I agree rial was ordered to be printed in the prize for trying to get the League of we must acknowledge the past, study RECORD, as follows: Nations going at the end of World War how and why atrocities happen, if we Hon. ROBERT MENENDEZ, 1. That league lasted for 20 years and are ever to give true meaning to the Chairman, Senate Foreign Relations Committee, collapsed, for many reasons, including phrase ‘‘Never again.’’ The Capitol, Washington, DC. the lack of participation in the United As the son of immigrants from Cuba, DEAR MR. CHAIRMAN: As former U.S. am- States in the global effort. But the idea I personally appreciate her commit- bassadors to the United Nations in New did not die. The American idea stayed ment to exposing Cuba’s total dis- York, we are writing in support of Samantha alive, and in 1939 the State Depart- regard for human and civil rights, and Power’s nomination as U.S. ambassador and representative to the United Nations. We be- ment, within 2 years after the collapse I respect her for not idealizing the lieve she is eminently qualified for the role of the league, started to work on the harsh realities of communism in Cuba. and if confirmed she will effectively promote next version. FDR worked on it during I know from the conversation we had U.S. values and interests. his entire Presidency and was sched- in my office, she appreciates the suf- She has long been a champion of human uled to have the first conference on the fering of the Cuban people—the tor- rights and an advocate for American leader- United Nations 2 weeks after his un- ture, abuse, detention, and ship around the world. As a Pulitzer Prize winner, university teacher, senior member of timely death in 1945. abridgement of the civil and human the National Security staff at the White The second decision made by Presi- rights of those who voice their dissent House, and journalist, she has the knowledge dent Truman in 1945—the first was to under the Castro regime. I welcome her base effectively and efficiently to promote keep FDR’s Cabinet—was he was posed commitment to reach out to Rosa U.S. interests at the U.N. with this: After FDR’s death, we can

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.074 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6161 postpone the meeting in San Francisco sador. I want her in that seat so she Mr. CORNYN. The following Senators about the formation of the United Na- can carry forward on those initiatives are necessarily absent: the Senator tions. But Truman said: No, we are and others. from Arizona (Mr. MCCAIN) and the going to go ahead because this is some- She will champion efforts to protect Senator from Oklahoma (Mr. INHOFE). thing the world needs and America is persecuted Christians and other reli- The PRESIDING OFFICER (Mr. MAR- uniquely positioned to lead. gious minorities in the Middle East and KEY). Are there any other Senators in Ever since its start, in funding and beyond, and she helped spearhead the the Chamber desiring to vote? support, through good times and bad, creation of new tools for genocide pre- The result was announced—yeas 87, through controversies Senator RUBIO vention and she led the administra- nays 10, as follows: described on the floor, this United Na- tion’s efforts to combat human traf- [Rollcall Vote No. 200 Ex.] ficking, all values of which we can be tions has worked hard to do good, YEAS—87 worked hard to achieve an ideal that proud if they would be on display at Alexander Fischer Mikulski may be impossible to achieve. It is a the United Nations. Ayotte Flake Moran tribute to the U.S. role as a global I said during her hearing the one Baldwin Franken Murkowski leader that the United Nations exists thing that made me scratch my head a Baucus Gillibrand Murphy today. bit about her when I heard she was Begich Graham Murray Bennet Grassley Nelson I was also struck again by many of nominated is I think of her primarily Blumenthal Hagan Portman the challenges—the challenges of a as a very blunt and outspoken person, Blunt Harkin Pryor tough globe, the challenges of U.N. and blunt and outspoken is not always Boozman Hatch Reed problems in the ethics and finance the best job description of a diplomat. Boxer Heinrich Reid Brown Heitkamp Risch area, the challenges that confuse many But in the case of the United Nations, Burr Hirono Roberts Americans as we look at the U.N., prin- with the challenges there, the chal- Cantwell Hoeven Rockefeller cipally those referred to by my col- lenges in the needed financial reform, Cardin Isakson Sanders Carper Johanns Schatz league Senator MENENDEZ, a history of the challenges in the need to push back Casey Johnson (SD) Schumer anti-Semitism at the U.N. that con- against some instances of anti-Semi- Chambliss Johnson (WI) Sessions fuses us as we watch it. tism, the challenges of ethics and other Chiesa Kaine Shaheen What are we to do with this institu- issues, we need blunt and outspoken at Coats King Stabenow Coburn Kirk Tester tion that we birthed, more than any the United Nation. We don’t need Cochran Klobuchar Thune other nation, that still offers great vague and ambiguous. We need the Collins Leahy Toomey hope and service every day, yet still kind of strong leadership that Coons Levin Udall (CO) Corker Manchin Udall (NM) needs significant change? I think what Samantha Power would provide. Cornyn Markey Warner we should do is put a strong person in I think of many United Nations Am- Crapo McCaskill Warren to be U.S. Ambassador, and Samantha bassadors. It has been an ‘‘A’’ list of Donnelly McConnell Whitehouse Power is that individual. She has the people from Henry Cabot Lodge to Durbin Menendez Wicker Feinstein Merkley Wyden strength to tackle the challenges that President George H.W. Bush before he need tackling at the U.N. She has had was President to Bill Richardson and NAYS—10 the career, as described by earlier Andrew Young. We can think of many. Barrasso Lee Shelby speakers, as a war correspondent, a But the two I think of most—I guess I Cruz Paul Vitter Enzi Rubio writer, somebody who snuck across think of them because they are Irish Heller Scott borders to take photos of atrocities in Americans—when I think of Samantha Darfur and then bring them to the at- Power is Daniel Moynihan and Jeane NOT VOTING—3 tention of the world. Her writings and Kirkpatrick, strong United Nations Inhofe Landrieu McCain her activism have inspired generations Ambassadors who stood proudly for the The nomination was confirmed. of activists around the world to take values of this country, who gave no The PRESIDING OFFICER. Under up the cause of human rights. quarter, who were good diplomats but the previous order, the motion to re- She has been the President’s senior did not hesitate to call the truth when- consider is considered made and laid adviser on matters in the United Na- ever and wherever they saw it. I think upon the table. tions in the last 4 years. To focus on Samantha Power will do the same, and The President will be immediately this issue, here is what Samantha that I is why I support her nomination. notified of the Senate’s action. Power has done in that role to help I yield the floor. f deal with this issue of anti-Semitism Mr. MENENDEZ. Mr. President, I ap- at the U.N. and the double standard in preciate the remarks of my distin- LEGISLATIVE SESSION the treatment of Israel. She worked to guished colleague from Virginia. He is The PRESIDING OFFICER. The Sen- ensure the closest possible cooperation a very thoughtful member of the com- ate will resume legislative session. between the United States and Israel mittee. I appreciate his remarks on be- f at the U.N., where she championed ef- half of Ms. Power. forts to stand up against attempts to With that, I yield all remaining time. PROMOTING ENERGY SAVINGS IN delegitimize Israel. She was key to the I ask for the yeas and nays. RESIDENTIAL BUILDINGS AND decision of the United States to boy- The PRESIDING OFFICER. Without INDUSTRY—MOTION TO PROCEED cott the deeply flawed ‘‘Durban II’’ objection, it is so ordered. Mr. REID. Mr. President, I move to Is there a sufficient second? proceed to Calendar No. 154, S. 1392. conference in 2009, which turned into There appears to be a sufficient sec- The PRESIDING OFFICER. The an event to criticize Israel. She helped ond. mobilize efforts for the U.N. sanctions There is a sufficient second. clerk will report the motion. against Iran. She has challenged unfair The question is, Shall the Senate ad- The assistant legislative clerk read treatment of Israel by U.N. bodies, in- vise and consent to the nomination of as follows: cluding the one-sided Goldstone Re- Samantha Power, of Massachusetts, to Motion to proceed to Calendar No. 154 (S. port, and efforts to single out Israel in be the Representative of the United 1392), a bill to promote energy savings in res- the Security Council after the Turkish States of America to the United Na- idential buildings and industry, and for other purposes. flotilla incident, and she opposed the tions, with the rank and status of Am- unilateral moves in the U.N. by the bassador Extraordinary and Pleni- Mr. REID. I note the absence of a Palestinians that could undermine potentiary, and the Representative of quorum. prospects for a negotiated peace agree- the United States of America in the Se- The PRESIDING OFFICER. The ment between Palestine and Israel, and curity Council of the United Nations? clerk will call the roll. how hopeful we are at the events this The clerk will call the roll. The assistant legislative clerk pro- week, and we pray it goes forward and The legislative clerk called the roll. ceeded to call the roll. finds positive possibility. This is the Mr. DURBIN. I announce that the Mr. REID. Mr. President, I ask unan- activity she has had helping the U.N. Senator from Louisiana (Ms. LAN- imous consent that the order for the while she was not the U.N. Ambas- DRIEU) is necessarily absent. quorum call be rescinded.

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.076 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6162 CONGRESSIONAL RECORD — SENATE August 1, 2013 The PRESIDING OFFICER. Without lot of work, and it has turned out quite subsidy was fully and immediately objection, it is so ordered. well. None of us got what we wanted, eliminated in the most recent Senate- f but we all got something. I appreciate passed farm bill? the cooperation of Democrats and Re- Ms. STABENOW. I thank my col- PROVIDING FOR A CONDITIONAL publicans this afternoon. It is always league from Arizona for his passion on ADJOURNMENT OR RECESS OF during the last few hours before a re- this issue. THE SENATE AND ADJOURN- cess that problems come up, and this is Yes, it has been my goal from the be- MENT OF THE HOUSE OF REP- an adjournment, so it is even more dif- ginning of this farm bill process to end RESENTATIVES ficult. So I am grateful to everyone for unnecessary subsidies and to clean up Mr. REID. Mr. President, I now ask their participation and their coopera- areas of waste, fraud, and abuse start- unanimous consent that the Senate tion. ing with the direct payment program. proceed to S. Con. Res. 22. As for Senator GRASSLEY, he has left The program is indefensible in this cur- The PRESIDING OFFICER. The the floor, but I wish to express my ap- rent budget climate. It makes abso- clerk will report the concurrent resolu- preciation to him. He had an issue that lutely no sense to pay farmers when tion by title. took us a while to work through, and it they don’t suffer a loss and to pay peo- The assistant legislative clerk read all worked out for the better for not ple who aren’t even farming. as follows: only he and Senator LEAHY but, most That is also why we included the A concurrent resolution (S. Con. Res. 22) importantly, for our staff. strongest reforms to the commodity providing for a conditional adjournment or Mr. FLAKE. Mr. President, I ask programs in the history of the farm recess of the Senate and an adjournment of unanimous consent to enter into a col- bill, eliminating payments to people the House of Representatives. loquy with Senator STABENOW. who are not farming and tightening the There being no objection, the Senate The PRESIDING OFFICER. Without AGI requirements and the amount any proceeded to consider the concurrent objection, it is so ordered. single farmer can receive. resolution. THE FARM BILL We even have reformed the crop in- Mr. REID. Mr. President, I ask unan- Mr. FLAKE. Mr. President, as the surance program. The No. 1 thing we imous consent that the concurrent res- two Chambers prepare to go to con- have heard from listening to farmers olution be agreed to and the motion to ference on the farm bill, I rise to re- all across this country is that they reconsider be laid upon the table with quest a commitment from the distin- need market-based risk management no intervening action or debate. guished chairwoman of the Senate Ag- tools. The PRESIDING OFFICER. Without riculture Committee to protect the Farming is an extremely risky busi- objection, it is so ordered. Senate farm bill’s vital provision to ness. Farmers plant seeds in the spring The concurrent resolution (S. Con. end direct payments outright. and hope that by the time the harvest Res. 22) was agreed to, as follows: While I commend the chairwoman for rolls around there will have been S. CON. RES. 22 her leadership in facilitating the full enough rain and the right tempera- Resolved by the Senate (the House of Rep- and immediate elimination of direct tures to give them a good crop. That is resentatives concurring), That when the Sen- payments in the Senate-passed farm why we strengthened crop insurance ate recesses or adjourns on any day from bill, many of my colleagues may be and made that available to farmers Thursday, August 1, 2013, through Sunday, surprised to learn that section 1101 of growing different kinds of crops—be- August 11, 2013, on a motion offered pursuant the House-passed farm bill contains a cause we want farmers to have skin in to this concurrent resolution by its Majority the game. As I have always said, that Leader or his designee, it stand recessed or carve-out that would actually continue adjourned until 12:00 noon on Monday, Au- direct payments to cotton farmers at a is about farmers paying a bill for crop gust 12, 2013, or such other time on that day rate of 70 percent in 2014 and a rate of insurance, not getting a check from as may be specified by its Majority Leader or 60 percent in 2015. the direct payment program. his designee in the motion to recess or ad- According to the Congressional Budg- Mr. FLAKE. To the chairwoman’s journ; and that when the Senate recesses or et Office, this House-passed extension credit, the Committee on Agriculture, adjourns on Monday, August 12, 2013, it stand of direct payments would cost tax- Nutrition, and Forestry has main- adjourned until 12:00 noon on Monday, Sep- payers an estimated $823 million. tained a sustained effort to eliminate tember 9, 2013, or such other time on that Already a poster child for Federal direct payments. In fact, between the day as may be specified by its Majority Leader or his designee, or until the time of largesse, direct payments have more 2012 and 2013 Senate farm bills and the any reassembly pursuant to section 2 of this recently become synonymous with majority’s sequester replacement legis- concurrent resolution, whichever occurs waste, fraud, and abuse. As the Wash- lation, 76 current Members of the Sen- first; and that when the House adjourns on ington Post put it, recent analyses of ate—76 current Members of the Sen- any legislative day from Friday, August 2, the program have found that it sub- ate—have voted for the full and imme- 2013, through Friday, September 6, 2013, on a sidizes people who aren’t really farm- diate elimination of direct payments. motion offered pursuant to this concurrent ing: the idle, the urban, and, occasion- Does the chairwoman agree that even resolution by its Majority Leader or his des- ally, the dead. the limited $823 million extension of di- ignee, it stand adjourned until 2:00 p.m. on Investigations have uncovered tax- Monday, September 9, 2013, or until the time rect payments found in the House- of any reassembly pursuant to section 2 of payer-backed direct payments being passed bill would be at odds with the this concurrent resolution, whichever occurs paid to billionaires, to New York City recorded votes of a supermajority of first. condo dwellers, and to nonfarming the Senate? SEC. 2. The Majority Leader of the Senate homeowners who happen to live on Ms. STABENOW. My friend from Ari- and the Speaker of the House, or their re- former farmlands. zona is correct. The Senate has repeat- spective designees, acting jointly after con- Direct payments have also been the edly voted to end direct payments. sultation with the Minority Leader of the target of a series of scathing reports Mr. FLAKE. To that end, I respect- Senate and the Minority Leader of the published by the GAO, the most recent fully request that the distinguished House, shall notify the Members of the Sen- ate and House, respectively, to reassemble at of which went so far as to question the chairwoman make a commitment that such place and time as they may designate purpose and need for direct payments, she will protect the Senate’s vital pro- if, in their opinion, the public interest shall stating that they did not ‘‘align with vision and work to ensure that any warrant it. principles significant to integrity, ef- conference report brought before the f fectiveness, and efficiency in farm bill Senate achieves a full and immediate programs.’’ The report went on to rec- elimination of direct payments. PROMOTING ENERGY SAVINGS IN ommend that Congress consider elimi- Ms. STABENOW. Yes, that is my in- RESIDENTIAL BUILDINGS AND nating direct payments outright. tension. I strongly agree we should not INDUSTRY—MOTION TO PRO- I ask the distinguished chairwoman, be spending taxpayer dollars to fund CEED—Continued was the unsustainable cost and the pat- these direct payment subsidies, and I EXPRESSING GRATITUDE FOR COOPERATION tern of waste, fraud, and abuse associ- will do everything I can to make sure Mr. REID. Mr. President, for this ses- ated with direct payments the impetus the conference committee adopts the sion, this work period, we have done a for the chairwoman to ensure that this Senate version on this issue.

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.081 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6163 I would also say to my friend from designees prior to votes in relation to in America; TIGER grants so that com- Arizona that if we do not get the farm the motions; further, that no amend- munities can build the roads they need; bill signed into law by September 30, ments be in order to either of the mo- money to rebuild bridges that are fall- then direct payments are scheduled to tions prior to the votes; all of the ing down; airports in Massachusetts, Il- continue. So I hope we can count on above occurring with no intervening linois, and Florida. It has the Housing the Senator’s support to make sure we action or debate. and Urban Development Program in it can pass the farm bill in time and The PRESIDING OFFICER. Is there as well, housing for poor people, hous- eliminate direct payments. objection? ing for veterans. Mr. FLAKE. I thank the chairwoman The Senator from Florida. Well, it came to a procedural vote for her commitment. To be frank, I be- Mr. RUBIO. Mr. President, reserving today on the floor. It was a dramatic lieve the Senate farm bill leaves much the right to object, I would ask the moment. The Senator from Maine, the to be desired. In fact, to gain my sup- Senator from Illinois if he would con- Republican Senator who has worked on port, the farm bill will need to undergo sent to a modification of his request this for so long, stood and begged her dramatic changes to reduce the tax- that it not be in order for the Senate to colleagues on the Republican side to payer cost of Federal crop insurance, consider a conference report that in- join her in moving this bill forward. remove market-distorting price sup- cludes reconciliation instructions to She put in a lot of work, and she went ports, and limit the scope of the Fed- raise the debt limit. through this long list of 85 different eral Government in U.S. agriculture. The PRESIDING OFFICER. Does the amendments that have been considered That said, the chairwoman is right to Senator so modify his request? on this bill, how everybody has had point out that as uncertainty con- Mr. DURBIN. I object. their chance if they wanted to change tinues to surround the farm bill, Con- The PRESIDING OFFICER. Objec- it. Senator MURRAY of Washington said gress appears poised to pass yet an- tion to the modification has been the same thing. other extension of the 2008 farm bill heard. Then the Republican leader Senator and, in turn, continue direct payments. Is there objection to the original re- MCCONNELL came to the floor and said: With regard to direct payments, such quest? I am asking all the Republicans to vote an outcome would be a costly regres- Mr. RUBIO. I object. no. Vote no because we have not sion in light of the Senate’s bipartisan The PRESIDING OFFICER. Objec- reached an agreement on the budget efforts to eliminate this multibillion- tion is heard. resolution; we have not reached an dollar subsidy. The Senator from Illinois. agreement on the total amount of After 17 years, three extensions, and Mr. DURBIN. Mr. President, I am money we will spend next year. more than $92 billion paid out, it is sorry we are ending this session and So they all voted no—all except Sen- time for direct payments to come to a going home for August with this. This ator COLLINS. Every one of them voted full and immediate end. On this point, is an attempt to go to a conference no because we did not have an agree- the chairwoman and I are in full agree- committee with the House of Rep- ment on the budget resolution. ment. resentatives to agree on how much So I just came to the floor and said: To that end, the chairwoman has my money we as a government will spend Why don’t we sit down and try to reach commitment to do everything I can to next year. an agreement on the budget resolu- ensure that any legislation that should Each Chamber has passed a budget tion? And a Republican Senator said: come before the Senate containing an resolution. The Senate passed one. The No, I object to that. extension of direct payments will be House passed one. The basic constitu- Where does that leave us? They will met with my fierce opposition. tional approach to this is to bring the not pass the bills—appropriations I thank the chairwoman again for her two together, work out our differences. bills—for something as basic as trans- commitment and for her attention to This is, in fact, the 18th time we have portation and infrastructure because these concerns. asked the Republicans for their con- we do not have an agreement on a Mr. President, I yield the floor. sent to go to this conference com- budget resolution, and they will not Ms. STABENOW. Mr. President, I mittee to resolve the differences be- give their consent for us to sit down thank my colleagues who have been pa- tween the House and the Senate and and agree on a budget resolution. tiently waiting. I know there are many the 18th time that a Republican Sen- The games politicians play. When we Members who wish to speak. ator has stood and objected. had this press conference outside, there I thank my colleague from Arizona. We have heard speech after speech were people from the construction in- Mr. FLAKE. I thank my colleague as about how bad it was that the Senate dustry—iron workers, transportation well. never passed a budget resolution. I bet workers, some of them in hard hats— The PRESIDING OFFICER. The Sen- you heard it too. So we passed one. We and one of them got up to the micro- ator from Illinois. did not get any help from the Repub- phone and said: I don’t know what is UNANIMOUS CONSENT REQUEST—H. CON. RES. 25 licans in passing it, but we passed it. going on inside those rooms with all Mr. DURBIN. Mr. President, I ask Then, when it came time to try to that wrestling, but we need more jobs unanimous consent that the Senate work out our differences with the in America. Why can’t you pass a bill proceed to the consideration of Cal- House of Representatives, Republican to create more jobs in America? endar No. 33, H. Con. Res. 25; that the Senator after Republican Senator I think most Americans, wherever amendment which is at the desk, the stood and said: No, we do not want to they live, would agree with that iron- text of S. Con. Res. 8, the budget reso- meet with the House of Representa- worker. Most of them would not under- lution passed by the Senate, be in- tives, even though it has a Republican stand what just happened today—how serted in lieu thereof; that H. Con. Res. majority. the Republicans, except for one, all 25, as amended, be agreed to; the mo- Well, what difference does it make if voted against that bill for transpor- tion to reconsider be considered made we agree on this number? Can life go tation, saying we had not reached an and laid upon the table; that the Sen- on? It makes a big difference. You see, agreement on how much we were going ate insist on its amendment, request a earlier this afternoon we had this bill to spend, and then they turned around conference with the House on the dis- on the floor, S. 1243. It is a bill for the and objected when we came forward agreeing votes of the two Houses; and Departments of Transportation and and said: Then let’s try to reach an the chair be authorized to appoint con- Housing and Urban Development. Sen- agreement. They objected. You just ferees on the part of the Senate; that ator PATTY MURRAY of Washington heard it on the floor. following the authorization, two mo- chairs that appropriations sub- I respect my colleague from Florida. tions to instruct conferees be in order committee. Senator SUSAN COLLINS of And do you know the reason for the ob- from each side: motion to instruct rel- Maine is her vice chairman on the Re- jection? He is afraid we may resolve ative to the debt limit and motion to publican side. They worked long and the issue about our debt ceiling. Do instruct relative to taxes/revenue; that hard on this bill. you know what the debt ceiling is? The there be 2 hours of debate equally di- It is a $54 billion bill. It pays for the debt ceiling is America’s mortgage. vided between the two leaders or their basics when it comes to transportation When we vote for spending bills, we

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.083 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6164 CONGRESSIONAL RECORD — SENATE August 1, 2013 have to borrow some money to cover tion. We got it through the committee needed for a long time. The bill has no what we are voting for. with a strong vote, and we need to get mandates on anyone in the private sec- Many on the Republican side say: We it to the floor when we come back in tor. In fact, many of our proposals want to vote for spending bills, but we September with a strong vote. come as a direct result of our conversa- do not want to be held responsible for I am told this is going to be the first tions we have had with people in the the money you have to borrow to pay substantive Energy bill on the floor private sector about how the Federal for it. since 2007. It is about time. I hope it Government can best help them to be- If we fail to enact a debt ceiling at will have support from both sides of come more energy efficient, save the end of this year, America will de- the aisle, and I know it has support on money, and create more jobs by rein- fault on its debt for the first time in both sides of the Capitol. It is going to vesting in their businesses and commu- history. The economic recovery we are help job creators all over the country. nities. seeing now will disappear. Jobs will be It is the right thing to do. Here is a brief overview of what the lost. Businesses are going to contract, On this side of the aisle, we focused a legislation does. some will fail. It is totally irrespon- lot on an ‘‘all of the above’’ energy First, it helps manufacturers by re- sible to say: I just hope we never ex- strategy. We believe we ought to be forming what is called the Advanced tend that debt ceiling. producing more energy, particularly Manufacturing Office. This is an office We need to do that. We did it 16 times domestic sources of energy in the at the Department of Energy. We need under President Ronald Reagan—16 dif- ground in America, and I support that to provide clear guidance to this office ferent times under President Reagan. strongly. We also, though, talk about that its responsibilities ought to in- This is not a Democratic or Republican embracing smart, economically viable clude and ought to be prioritized to issue. It is an issue of responsibility policies that let us use less energy. So help manufacturers develop energy- and fiscal responsibility. it is producing more and using less. saving technology for their businesses. I am saddened that we had such a There is a lot of focus on producing Frankly, they have gotten a little bit good run for 2 weeks where we were more but less on this part about using off track and have focused more on working together and we end on such a less, and that is what this bill does. helping manufacturers of clean energy, sour note. I am saddened we could not It is supported by more than 250 busi- which other Departments and agencies pass this good, basic bill—a bill which nesses, trade associations, advocacy do, including at DOE. This office ought had bipartisan support coming out of groups—the National Association of to be focused on energy-saving tech- the committee. I am saddened that the Manufacturers, the Sierra Club, the Al- nology. Senator from Maine was the only Re- liance to Save Energy, the U.S. Cham- It also requires the Department of publican Senator who would vote for ber of Commerce—so it is a group that Energy to assist with on-site efficiency this bill today. And I am saddened that does not normally come together to assessments for manufacturers. It fa- we will end this session with an objec- support legislation. They like this bill cilitates the already existing efforts of tion to the House and Senate trying to because, again, it has these benefits for companies around the country to im- sit down together and work out their the environment, but also benefits for plement cost-saving energy efficiency differences. the economy and for our energy policy policies by streamlining the way the If you wonder why the approval rat- in this country. government agencies in this area work ing of Congress is at rock bottom, I am It passed the Energy Committee with together. afraid we have seen today in the pro- a strong bipartisan vote of 19 to 3. Sim- It increases partnerships with Na- ceedings of the Senate exactly why ply put, Senator SHAHEEN and I have a tional Labs—the National Labora- that is the case. bill that I think makes good environ- tories, which are a great source of re- I yield the floor. mental sense. It makes good economic search and technology—and energy The PRESIDING OFFICER. The Sen- sense, and it makes good energy sense. service and technology providers to- ator from New Hampshire. I have visited with businesses and job gether to leverage private sector exper- Mrs. SHAHEEN. Mr. President, I rise creators all over Ohio, and they tell me tise toward energy efficiency goals. this afternoon to discuss the Energy pretty much the same thing. They are The legislation also strengthens Savings and Industrial Competitive- competing in a global marketplace. model building codes, so that builders ness Act, which is also known as Sha- They are competing with companies in in States that choose to adopt them heen-Portman. I am very pleased to be Indiana but also in India, and their will have the most up-to-date energy- here with my cosponsor Senator ROB ability to compete depends on their efficient building codes that are avail- PORTMAN. He has been a partner in de- costs. They go up against companies able—again, no mandates, but best veloping this legislation. I thank him and countries where the cost to practices. for being such a great partner and be- produce goods tends to be lower. We It also establishes university-based cause he has to go catch a flight, I am are never going to compete on wages in building training and assessment cen- going to defer, yield to him for his re- developing countries, nor should we. ters, building on existing industrial as- marks, if I could. I will yield to him for We are not going to be able to reduce sessment centers located around the a question so he can speak to this bill the quality of our goods, nor should we. country. We have one in Dayton, OH, and get to his flight on time. We want to be sure we are not cutting that does a great job. We want to make Mr. PORTMAN. I thank the Senator corners. sure they can also do energy efficiency for yielding. I appreciate that and I One thing we can do is reduce the work. will yield back to her in a moment. costs to our manufacturers on energy These centers will help train the next First, I want to say that I appreciate because it is a big input, particularly generation of workers in energy-effi- her working with me over the last cou- with heavy manufacturing. This en- cient commercial design and oper- ple years on this legislation. This is ables us to do that through energy effi- ations through this legislation. Not the kind of legislation we ought to be ciency technologies. only will these programs save energy doing around here because it has a lot What we can do as the Federal Gov- but they also help provide our students of benefits. It reduces our trade deficit. ernment—through research, through and unemployed workers with the It helps encourage job creation. It ac- disseminating best practices, through skills they need to compete in what tually makes our environment cleaner. supporting skills training—is help the can be a growing field, which is the en- I think it can be helpful in a renais- private sector develop the energy effi- ergy efficiency field. sance to our manufacturing in Amer- ciency techniques of the future. We can Again, this bill is not about forcing ica. It is called the Energy Savings and make it easier for them to use effi- companies to become more energy effi- Industrial Competitiveness Act. ciency tools to reduce their costs, cient or imposing mandates, it is about I also want to thank the ranking which enables them to put those sav- giving these companies the help they member and chair of the Senate En- ings toward expanding their companies are asking for. We can do that at no ad- ergy Committee—that is Senator and hiring more people. ditional expense to the taxpayer be- WYDEN and Senator MURKOWSKI—for The proposals contained in the bill cause the cost of this legislation under their consistent support of this legisla- are commonsense reforms we have our bill is fully offset.

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.084 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6165 In fact, I believe this bill will save our environment. As Senator PORTMAN dealership in New Hampshire. It is the the American people a bunch of money. said, a study by experts at the Amer- first Toyota auto dealership that is Why? Because the legislation takes on ican Council for an Energy-Efficient LEED certified in New England, which the largest user of energy in the world. Economy found that last year’s version I know the Presiding Officer will appre- That is the U.S. Government. The Fed- would have saved consumers $4 billion. ciate, being from the neighboring State eral Government needs to practice This may be a little hard to read on the of Massachusetts. They have imple- what it preaches. By requiring it in chart, but you can see it reduces en- mented a number of effective energy- this bill to adopt energy-saving tech- ergy costs. In doing so, it saves con- efficient initiatives to cut their energy niques that make its operations more sumers $4 billion a year. It would cre- cost, including the installation of solar efficient and less wasteful, we are ate about 80,000 jobs, if it were passed, panels, efficient lighting, and an im- doing just that. by 2020. It would also be the equivalent pressive energy dashboard to monitor The bill directs DOE to issue rec- of taking 5 million cars off the road. energy use throughout their entire ommendations that employ energy effi- The United States needs a com- service. Their customers can come in, ciency on everything from computer prehensive national energy policy. We they can touch this interactive dash- hardware to operation and mainte- are too dependent on foreign oil. We board, they can see what is going on nance processes, energy efficiency soft- are overly reliant on an outdated en- throughout the physical plant. ware, power management tools. It also ergy infrastructure. We need to utilize I have also visited some great New takes commonsense steps toward al- a wide range of energy sources, includ- Hampshire companies that also are lowing the General Services Adminis- ing natural gas, oil, nuclear, and re- producing energy-efficient technology. tration to update building designs that newable such as wind, biomass, and We have a company in New Hampshire are out. Some of them have been out solar. called Warner Power, which has made there for years. They have developed But we cannot just focus on the sup- the first breakthrough in transformers these designs over time. They are going ply side. We also need to think about in over 100 years. Studies show that in- to be permitted finally to update these how we consume the energy once we efficiency in transformers results in a efficiency standards, again with the have it. Efficiency is the cheapest, loss of about 5 percent of all electricity latest energy efficiency technology. fastest way to reduce our energy use. generated in the United States. With The government has been looking for Energy-saving techniques and tech- the wide-scale use of Warner Power’s places to tighten its belt. This is cer- nologies lower costs, they free up cap- innovation, the Hexaformer, and their tainly one. Energy efficiency is a darn ital that allows businesses to expand control system technology, the com- good place to start. and create jobs and allows our econ- pany estimates that 1.5 percent of all All this adds up to a piece of legisla- omy to grow. We can start by improv- transformer energy losses could be tion that Americans across the spec- ing our efficiency now by installing eliminated. This would save the coun- trum can support. It is fully offset, ready and proven technologies, things try 60 terawatts of electricity a year. contains no mandates on the private such as modern heating and cooling That is equal to about five times New sector, and requires the Federal Gov- systems, smart meters, computer-con- Hampshire’s entire annual electricity ernment to become more efficient. trolled thermostats, and lower energy consumption. So energy efficiency is According to a recent study of our lighting, to name a few. an excellent example of a bipartisan legislation and its impact, by 2020, There are substantial opportunities and affordable approach that can im- using the tools of Shaheen-Portman, that exist across all sectors of our mediately grow our economy and im- the private sector can create 80,000 new economy to conserve energy, to create prove our energy security. jobs, lower CO2 emissions by the equiv- good-paying private sector jobs. In In addition to being affordable, effi- alent of taking 5 million cars off the fact, there are countless examples of ciency is widely supported because its road, and save consumers $4 billion a energy efficiency success stories in the benefits are not confined to a certain year in reduced energy costs. A vote on private sector that I have had the good fuel source or a particular region of the the Energy Savings and Industrial fortune to see as I have traveled country. It is clearly one of those areas Competitiveness Act is one more step around New Hampshire. where we can all come to some com- toward achieving the goal of a true ‘‘all I visited small retail businesses, mon agreement, whether we support of the above’’ energy policy that pro- manufacturing companies, ski areas, fossil fuels or whether we support al- duces more energy at home while using apartment complexes, and municipal ternatives such as wind and solar. So it less. I urge my colleagues to support it. buildings throughout New Hampshire. is no wonder, as Senator PORTMAN said, Again, I commend my colleague from They are all using energy-efficient that this legislation enjoys such a New Hampshire for working with us. I technologies to lower costs, to improve broad, diverse coalition of support. It yield to her after having answered her. working conditions and, most impor- has received more than 250 endorse- Mrs. SHAHEEN. I assume the ques- tant, to stay competitive. ments from businesses, environmental tion is, will this bill pass the Senate? Not long ago I had the opportunity to groups, think tanks, and trade associa- Mr. PORTMAN. Will this bill pass visit a company on the seacoast in New tions, from the U.S. Chamber of Com- the Senate is a question that I pose to Hampshire called High Liner Foods. It merce and the National Association of my colleague from New Hampshire. is a seafood processing plant. It re- Manufacturers to the National Re- Mrs. SHAHEEN. I would say abso- quires a lot of energy to operate. In sources Defense Council and the Paint- lutely it will pass the Senate. It will do fact, at one point the 180,000-square- ers Union. These are the types of non- that because it represents almost 3 foot facility consumed roughly 2 traditional alliances that have helped years of meetings, negotiations, and megawatts of power at any given time us to get this bill to the floor. broad stakeholder outreach in an effort during normal operations. So next to The legislation provides a roadmap to craft the most effective piece of leg- the core costs of personnel and fish, be- to create and implement a national islation with the greatest chance of cause it is a fish processing plant, en- strategy to increase the use of energy passing not only the Senate but the ergy was their biggest expense. But by efficiency technologies in the residen- House as well so it can be signed into installing efficient lighting, new boil- tial, commercial, and industrial sec- law. ers, various demand-response tech- tors of our economy. This bill, as has been explained so niques such as adjusting its lighting to It provides incentives and support, well, is a bipartisan effort that is de- dim when no employees are in the area, not mandates, for residential and com- signed to boost the use of energy establishing HVAC setpoints, High mercial buildings in order to cut en- efficienct technologies. It will help cre- Liner Foods is making great strides in ergy use. This is very important be- ate private sector jobs. It will save reducing energy consumption. It has cause buildings consume about 40 per- businesses and consumers money. It allowed them to expand their footprint cent of all energy in the United States. will reduce pollution. It will make our in the State and to be more cost-effec- The bill strengthens voluntary na- country more energy independent. tive in their production. tional model building codes—I would This legislation will have a swift and This week I had the opportunity to emphasize that these are voluntary—to measurable benefit to our economy and visit the first LEED-certified auto make new homes and commercial

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.086 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6166 CONGRESSIONAL RECORD — SENATE August 1, 2013 buildings more energy efficient, while In May, when the news broke that worth of documents relevant to this working with States and private indus- the IRS had been targeting conserv- administration. However, to date, only try to make the code-writing process ative organizations applying for tax-ex- about 21,500 pages have been given to more transparent. empt status with additional scrutiny, us—21,500 pages of documents. Those It also trains the next generation of President Obama promised his admin- are the only documents produced to workers in energy-efficient commercial istration would fully cooperate with the Finance Committee to fulfill our building design and operation. The leg- Congress in its investigations. He also comprehensive document request from islation also assists our industrial stated he directed Treasury Secretary May 20 of this year. The pace at which manufacturing sector, which consumes Lew to follow up on the IRS inspector documents have been provided to our more energy than any other sector of general audit to get more information committee has been slow and often the U.S. economy. It directs the De- as to how this happened, who was re- with long delays in between document partment of Energy to work closely sponsible, to make sure the public un- productions. with the private sector industrial part- derstood all of the facts. Despite their initial pledges to be co- ners to encourage research, develop- I was encouraged by this initial re- operative and responsive, the Obama ment, and commercialization of inno- sponse. As you recall, I worked to clear administration has been slow-walking vative energy-efficient technology and the way for Secretary Lew’s confirma- the Senate Finance Committee. We processes for industrial applications. tion in this Senate, even though many aren’t the only ones being slow-walked. It helps businesses reduce energy of my colleagues had expressed legiti- Only last week, my colleagues on the costs and become more competitive by mate concerns about his nomination. I Ways and Means Committee, chairman incentivizing the use of more energy- did so, in large part, because I believed DAVE CAMP and ranking member SAND- efficient electric motors and trans- him when he promised to be fully ER LEVIN, wrote to Danny Werfel, who formers. It establishes a voluntary pro- transparent and cooperative with Con- is currently the principal Deputy IRS gram called SupplySTAR, which is gress. When the President said he had Commissioner, that at the rate the IRS modeled on the successful ENERGY ordered the Secretary to get to the bot- is producing documents, a full and re- STAR Program, to help make company tom of this, I expected him to live up sponsive production will take months. supply chains more efficient. to his promises to do so and to work It is actually much worse than that. Let me refer to this pie chart. Look Finally, the legislation requires the with us as we tried to do the same. at the documents we received from the Federal Government, the single largest Imagine my surprise then to hear IRS, 6,000 pages of, guess what, train- user of energy in the country, to adopt both the President and Secretary Lew ing materials. Come on, give me a more efficient building standards and state over the past week, with our in- break. There were 500 pages of Steven smart metering technology. It requires vestigations into the IRS targeting, Miller, Douglas Shulman, and William the Federal Government to adopt en- Congress was creating a ‘‘phony scan- Wilkins, and 15,000 pages of nonpriority ergy-saving technologies and oper- dal.’’ custodians. That is what we have got- ations for computers. It allows Federal It started with the President who ten from them since May. It is pa- agencies to use existing funds to up- said: date plans for new Federal buildings thetic. With this endless parade of distractions As that chart illustrates, given the using the most current building effi- and political posturing and phony scandals, intermittent document production and ciency standards. Washington is taking its eye off the ball. the very small number of priority doc- The best part, as Senator PORTMAN And I’m here to say, this needs to stop. uments we have received thus far, it said, is the cost of this legislation is That is what the President said. could be 2016 before we ever would be fully offset. It reallocates funding that That was followed by Secretary Lew able to draw any conclusions about has not been used from existing pro- stating on last Sunday’s shows this what happened at the IRS. That is pa- grams. past weekend that ‘‘there is no evi- thetic. I have a feeling that is exactly I thank Chairman RON WYDEN and dence that this went to any political what this administration wants, and his ranking member LISA MURKOWSKI official’’ and that congressional inves- from the Energy and Natural Re- that is what I call slow-walking. tigators’ efforts to find evidence is Since the initial report confirming sources Committee for their great sup- ‘‘creating the kind of sense of a phony the inappropriate targeting released by port in getting this bill to the floor. scandal.’’ the Treasury Inspector General for Tax This is a bipartisan, affordable, and In essence, they are saying our ef- Administration, or TIGTA, on May 14, widely supported piece of legislation. forts to look into this mess are illegit- this ‘‘phony scandal’’ has evolved from Most importantly, it is an effective imate and that the American people what the IRS first claimed was a cou- step in addressing our Nation’s very should simply ignore them. That is a ple of rogue employees in Cincinnati to real energy needs. I thank Senator far cry from the position the President direct IRS involvement from high-level PORTMAN, Senator WYDEN, and Senator and his administration took when this officials in Washington, DC, including, MURKOWSKI for all of their help with scandal was made public. As I said at at the very least, individuals in the this bill. I look forward to debating the that time, they were contrite. Officials IRS’s Office of Chief Counsel. bill on the floor of the Senate, to lis- were even apologizing for what went on I should note that the IRS Chief tening to amendments, and to passing at the IRS. Counsel is also an Assistant General this bill out to the House and finally Today, however, it is a ‘‘phony scan- Counsel in the Treasury Department, having it signed into law. I hope my dal.’’ It is not worthy of the public’s and he reports to the Treasury’s Gen- colleagues will join me in this debate. attention, they say. I have to wonder eral Counsel. Clearly, much more needs The PRESIDING OFFICER. The Sen- what they are basing their dismissal to be learned about who was involved, ator from Utah. on, certainly not a thorough review of why decisions were made, and what IRS INVESTIGATION all the relevant documents, that is for motivated these decisions. Mr. HATCH. Mr. President, I wish to sure. This is why the Senate Finance Com- talk about the status of the ongoing In a letter to congressional leaders mittee has been conducting a thor- Finance Committee investigation into on June 4, Danny Werfel, the Acting ough, balanced, and fact-based bipar- the targeting scandal at the Internal IRS Commissioner, stated that the IRS tisan investigation that carefully ex- Revenue Service. had collected some 646 gigabytes of amines every aspect of this in order to As you can tell, my voice is a bit raw, electronically stored information, get to the truth. hoarse this afternoon. I am feeling a which is equal to 65 million pages’ We are not interested—— little bit under the weather. With the worth of documents relevant to this in- Mr. ROBERTS. Would the distin- Senate about to go into recess, I vestigation. guished ranking member yield for one thought it was important that I say a Let me repeat that. The man in quick question? I know the Senator has few words about this investigation, charge, Danny Werfel, stated that the prepared remarks, and I know he is not particularly with some of the state- IRS had collected some 646 gigabytes of feeling well, but I am stunned by this. ments we have heard coming from the raw, electronically stored information, I am a member of the committee, as administration this week. which is equal to 65 million pages’ the Senator well knows.

VerDate Mar 15 2010 05:44 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.087 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6167 Mr. HATCH. Yes. After more than 2 months of inves- vate taxpayer information in either of Mr. ROBERTS. You have been prom- tigation, here are just a few of the these cases? These are important ques- ised full cooperation by the Deputy questions I have. I will not take too tions. Commissioner, Mr. Werfel. I have been much of the Senate’s time tonight, but Are there other cases where a con- present when he has tried to inform the I have a lot more questions than this, servative group or its members have committee of full cooperation. Now we and I am going to ask these in a bipar- had their private taxpayer information find out what full cooperation is, more tisan manner. unlawfully disclosed? especially as the President has indi- Why did IRS Commissioner Shulman It has been reported that the IRS at- cated these scandals are so-called visit the White House 157 times? That tempted to impose gift taxes on donors phony scandals and repeated by Mr. is the number we have been given. That to the conservative group Freedom’s Lew. is unheard of. It has never happened be- Watch. Did the IRS attempt to impose The Senator stated there are 65 mil- fore. gift taxes on the donors of other tax- lion pages that should be available to I admit ObamaCare has taken some exempt groups? Has the IRS targeted the committee, which is stunning— time, but you can’t justify 157 times. It individuals for an audit of their per- stunning—in the job we would have to sounds to me as if there is something sonal tax returns based on their mem- do. But out of those requested, only fishy going on. bership in or donations to a conserv- 21,500 documents have been presented. Why is it that the unions get tax-ex- ative tax-exempt group? Of the 21,500, only 15,000—well, 15,000 empt status under 501(c)(5)? There was It has been reported that Lois Lerner pages, but those are nonpriority docu- a surge in the 501(c)(5) applications in communicated with an attorney at the ments. recent years. Why weren’t they subject Federal Election Commission regard- Thereby, if you try to figure out to some of the scrutiny? ing a case before the FEC. when this would be done, it would be in Did the IRS give extra scrutiny to Did Lois Lerner violate section 6103 2016; is that correct? union applications for tax-exempt sta- of the Internal Revenue Code dealing Mr. HATCH. That is right. tus? The answer to that is, no, they with the protection of taxpayer privacy Mr. ROBERTS. I am stunned by this. didn’t. in her communications with the Fed- Mr. HATCH. It may be beyond that. I am not suggesting they should, but eral Election Commission? She had a It may actually go beyond that. they certainly shouldn’t have traded right to take the Fifth Amendment, Mr. ROBERTS. I would imagine, if preelection of so-called conservative but was that why she took it if she vio- you do the math—and if you know how groups the way they treated them. lated section 6103? much time we have to actually do Everybody knows that is a scandal. These are questions that have to be this—but I am stunned. This isn’t what Yet they call this not a scandal? answered. Why did Sarah Hall-Ingram, we were promised. This wasn’t the un- Once Deputy Treasury Secretary who was in charge of the IRS’s efforts derstanding of the full committee and Neal Wolin learned from Inspector in implementing ObamaCare, attend a the bipartisan effort. General Russell George of the TIGTA meeting with then-IRS Commissioner I don’t know what we are going to audit regarding IRS targeting of con- Steve Miller in May 2012 regarding the have to do. We are going to have to do servative groups on June 4, 2012, did he IRS’s targeting of conservative groups’ some drastic action if this is any indi- tell anyone else at the Treasury De- applications for tax-exempt status? cation of what we are taking. partment or the White House about his It has been reported in the media The Senator pointed out that we findings, including then-Treasury Sec- that Christine O’Donnell had a tax lien have been thorough, we have been bi- retary Geithner? Not that I can under- put on her property the day she de- partisan, and we have kept absolute in- stand, because we don’t know. They are clared her candidacy for the Senate. tegrity with this. The key word was not answering these questions. There is something wrong here. Any- ‘‘painstaking.’’ If we have this informa- When did Assistant General Counsel body who is fair ought to be concerned tion, there is a lot of pain, but there is for Treasury William Wilkins, who also about what is wrong here—not just this no take. holds the title of IRS Chief Counsel, but in all these questions. Mr. HATCH. You got that right. first find out that the IRS was tar- As part of the IRS internal investiga- Mr. ROBERTS. I am extremely upset geting conservative groups? When did tion the President charged Secretary about it. I thank my colleague for he find that out? Why can’t we get a Lew with conducting, has the IRS ex- bringing this to the attention of the simple answer on that? amined whether any political can- Senate. Whom did Mr. Wilkins inform about didates were inappropriately targeted? Mr. HATCH. I thank my colleague this targeting when he found out about Much has been made of the employ- from Kansas. All I can say is: Look, we it? What was the extent of the Treas- ees who have been ‘‘relieved of duty’’ were promised full cooperation, and we ury Department’s role regarding Lois and had ‘‘administrative actions’’ are not getting it. Lerner revealing, in response to a taken against them, allegedly in direct I don’t blame Mr. Werfel for this, al- planted question, that the IRS had tar- response to the inappropriate tar- though he is a very close friend of Mr. geted conservative groups applying for geting. Once again, the facts do not add Lew’s. I think he has wanted to be tax-exempt status at an American Bar up, as the administrative actions dis- more cooperative. When I chatted with Association conference? When did any covered thus far were against low-level him today again, he indicated the at- employee of the Treasury Department employees for actions that were not di- torneys are going over everything. Let first have involvement regarding the rectly tied to the allegations of inap- me just say, are we going to get the IRS targeting of conservative groups’ propriate targeting. right papers? Are we going to get the applications for tax-exempt status? So my question is, Who was relieved truth? What was first date that any White of duty? Lois Lerner supposedly was We are not interested in some percep- House official was informed about the after she took the Fifth Amendment tions of the truth based on limited doc- IRS targeting of conservative appli- and refused to testify. But even she uments and limited facts. We wish to cants for tax-exempt status? was able to log in to her computer know precisely what happened, and we It has been reported that ProPublica after being allegedly relieved, and she are going to find out. obtained private information from the is still being paid her full salary. Today, in addition to the small num- IRS about conservative groups that Who else has been relieved of duty? ber of documents we have been able to had applied for tax-exempt status. In What does Lois Lerner know that review, the Finance Committee inves- addition, it has been reported that the prompted her to invoke her Fifth tigators have interviewed 14 individ- National Organization for Marriage al- Amendment right against self-incrimi- uals from IRS offices in both Cin- leges that the IRS illegally leaked in- nation? cinnati and Washington, DC. So far formation about its donors. Former IRS Commissioner Steve Mil- those interviews have yielded more What action, if any, has been taken ler and Doug Shulman were both aware questions than answers. In fact, the list by the IRS and the Department of Jus- of the targeting of conservative groups of additional questions keeps growing tice with respect to any IRS employee seeking tax-exempt status and the sys- as the investigation wears on. who may have illegally disclosed pri- tematic practice of subjecting those

VerDate Mar 15 2010 07:14 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.088 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6168 CONGRESSIONAL RECORD — SENATE August 1, 2013 conservative groups to intrusive and has just started and hasn’t even been am about the mistreatment that oc- unwarranted scrutiny about their ac- given a chance. If this is indeed a curred prior to the last election and tivities. Why did they both deceive the phony scandal, the burden is on them after. Senate by failing to inform us that to prove it is. And just saying that it is Is it going to happen again? Are these practices were going on? Why? I isn’t good enough. They should have these agencies of government going to was disappointed in Commissioner the IRS produce all the requested docu- be used by partisan people in the way Shulman because he came to my office ments and let the documents speak for they has been used up until now? It is long before this all came up and I was themselves. There is no reason to hide enough to scare the daylights out of quite impressed. But I think he had an these things, nor is there a reason to anybody, and it is enough to think, are obligation to come clean. have a whole bunch of attorneys deter- we moving toward a totalitarian sys- Why did the tea party cases sit for mining what can be released and what tem where the people in government months at the IRS, through the 2010 can’t be released. Let them show how can get away with anything they want election cycle without activity? Why? their partisan targeting began and why to and especially an agency as powerful Why did Lois Lerner direct the IRS it continued for years. Let them show and scary as the IRS? I hope we can get Chief Counsel’s Office—an office that who was or was not involved and to the answers to these questions. If we was purportedly slow in its response to what level within the IRS or elsewhere can’t, this isn’t going to stop until we requests for assistance from other IRS in government these activities were do. And these are just preliminary components—to get involved in review- discussed and directed. Until then, this questions; I will come back with some ing tea party cases? Why did the IRS is certainly not a phony scandal. It is a more in the coming weeks. demand that tea party organizations legitimate bipartisan investigation I yield the floor. seeking tax-exempt status provide a being conducted in a fair and balanced The PRESIDING OFFICER (Mrs. list of their donors to the IRS when way that seeks to let the facts dictate SHAHEEN). The Senator from Kansas. Mr. ROBERTS. Madam President, I that was not required? Why? the outcome. would like to again thank the distin- These types of inappropriate actions, I have a reputation around here for guished ranking member of the Fi- as I said, are just some of the many being fair and honest, and I resent the nance Committee for his presentation questions we have about the IRS tar- way the Finance Committee is being and asking very pertinent questions geting scam. These questions will sim- treated. I can’t speak for the chairman, with what I thought was going to be ply not go away, and our investigation but I believe he feels pretty much the not an easy task but at least a task will not stop until all of them are an- same way because we are being mis- where we would receive cooperation swered. And we are doing this in a bi- treated with regard to our requests for from the IRS and, for that matter, the partisan way. information. This isn’t some itty-bitty administration. Just today we learned President phony scandal. This is big-time stuff Nobody likes to be audited, and sure- Obama has selected a new nominee to that should get into why the IRS was ly nobody likes to say they have been serve as the next Commissioner of the doing this to begin with. audited, as the distinguished ranking People in this country are scared to IRS. I have to say I was a bit surprised, member pointed out about all the con- death of the IRS, and with good reason. although perhaps I really shouldn’t be. servative groups. But let me point out Given the dark cloud that currently If they can do this to you, can you that this has gone on not only with re- hangs over the IRS, I would have imagine what else they can do? And I gard to them but to individuals as well. thought the President would have have listed just a few things here We are getting reports from the senato- taken the time to consult Congress be- today. I have a lot more I could say. rial campaign committee indicating fore choosing the agency’s next leader. This is an important investigation, and that people are hesitant to give, that Yet I am the ranking member of the Senator BAUCUS and I intend to do it in people who have given in the past sig- appropriate committee with sole juris- a bipartisan way. But when we ask for nificantly to the Republican cause diction over the IRS, and today’s an- documents, we want documents, and have been audited, and audited for the nouncement is the first I have heard of we don’t want some bunch of partisan first time in their lives, to pro-Israel this decision, and it was only after the lawyers in the department stopping us groups—and I can go on and on with a decision was made. I like the Presi- from getting the documents they must list of the organizations. dent. I think we are friends. But that provide. It sure looks as though they This is a very serious situation. This was improper, and it was a slight that are deliberately trying to delay this as really surprises me, that having said should not have happened. long as they can so they can say: Well, we were going to do this in a pains- I asked Senator BAUCUS if he was in- nobody cares about it. Well, I have to taking, bipartisan way, that this is formed by the President, and he said: tell you, everybody in this country simply not the case. About 3 hours ago. And he sounded a must care about it. If they can do this I am going to be joining the distin- little disgusted himself. to these small, conservative tax-ex- guished ranking member. I am very in- I won’t go into the merits of John empt organizations, then they can do it terested in the further questions we Koskinen’s nomination today. I have to every other organization when the feel we can boil down that simply have no intention of prejudging him. He will time comes. to be answered first, and then obvi- be fairly considered by the Finance This is an important investigation, ously there are many more. Committee, and I have the reputation and this administration ought to be at AFFORDABLE HEALTH CARE ACT that he will be fairly considered. His the forefront of trying to get to the This really goes to the subject I want record and qualifications will be thor- bottom of it instead of pulling from be- to talk about. The American people oughly examined. But I want to assure hind, saying there is nothing here when now, as a result of this, do not trust my colleagues that I will demand sig- they know there is a lot here. I would the IRS, and they sure as heck do not nificant answers from Mr. Koskinen like these questions answered. They trust the IRS to be in charge of their when he comes before the committee, are important questions. This is an im- health care. That is the subject I want and I think other Republicans will as portant investigation. We should not to touch on, and I will try to make it well. allow the IRS to run rampant like this. very brief. My purpose will be twofold. First, we That is the beginning of tyranny—ex- It has been more than 3 years since need to get to the truth about what cept it began before 2010—and we the Affordable Care Act—referred to by happened at the IRS and, perhaps just should get to the bottom of it so it some or most in the press as as important, we need to make sure the never, ever happens again. ‘‘ObamaCare’’—was signed into law. At Obama administration is fully cooper- I think there are a lot of people at the time, I can recall, after months of ating with our efforts rather than the IRS who would like to see us get to markup in both the Health, Education, using phony statements about phony the bottom of it because they are being Labor and Pensions and Finance Com- scandals. besmirched by the bad things that have mittees, I had many concerns. I re- So today I want to call on President happened. There are a lot of decent, member I was very frustrated with my Obama and Secretary Lew to stop clos- honorable people working at the IRS, amendments being defeated on par- ing the door on this investigation that and they have to be as concerned as I tisan votes, most of them having dealt

VerDate Mar 15 2010 06:13 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.099 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6169 with rationing. I remember distinctly This evening or tomorrow those of us train wreck, folks, and we have to get comparing this rush to government privileged to serve in the Senate will America off the track. health care to a western or Kansas leave Washington for the month of Au- Madam President, I yield the floor. analogy of riding hell for leather into a gust, and we are going to get an earful The PRESIDING OFFICER. The Sen- box canyon to eventually finding the regarding all of the problems associ- ator from Arizona. only alternative would be to turn ated with ObamaCare and the impend- MANIPULATING TAX REFORM around and ride back out to a more re- ing deadline. Will exchanges be ready? Mr. FLAKE. Madam President, I rise alistic market-oriented health care re- If they say they are ready, will they today to discuss the so-called grand form trade. really be ready? Many Kansans who As it turned out, we never even saw bargain referenced yesterday by the will be forced into a Federal exchange President. the bill before we voted on it. I voted or see another last-minute delay—a On Tuesday President Obama recy- no, and so did every other Republican Federal exchange, by the way, that cled a number of policy ideas that have Senator and Member of Congress. And I doesn’t exist as of my remarks—will lingered for months, if not years, and regret to say to my colleagues that I ask how much the new plan will cost. repackaged them as what he called ‘‘a told you so. Premiums are going up. They will say: What will it cover? Will grand bargain.’’ This proposal seems to Taxes are going up. Overall health care they be able to see their family doctor? be an attempt by the President to ex- costs continue to rise. Burdensome, Will their personal health information tend an olive branch to the Republican costly, and, I might add, difficult-to- remain private and safe or end up in a side of the aisle by offering corporate understand regulations are confusing six-agency database? Some people call tax reform. In exchange, he is asking and confounding health care providers. it seven agencies. Will they be losing for additional stimulus spending. Many of these folks will not even know the health insurance they like? Will I am in favor of a grand bargain, but about a particular regulation until the high costs force their employer to this is not even close to a grand bar- they are fined by outside contractors. make them a part-time employee, gain. It is not even a bargain. A grand The results have been terribly counter- change their plan, or just drop their bargain would involve reform to enti- productive to any economic recovery. coverage altogether? Regulations such as these this have a Right now Kansans and everyone else tlement programs to make them sus- way of dampening anything we are try- in the country cannot answer these tainable over time. A grand bargain ing to do. questions—and neither can the admin- would involve a farsighted look at the The current and growing problems istration. And when we get back, we outyears, not just a shortsighted at- are so large and complicated with this will have only 4 weeks until the Octo- tempt to score political points for the government takeover of health care ber 1 deadline. That means, really, if next election cycle. that it has been difficult, if not impos- we are going to do something about The administration has taken the sible, for the administration to get this, we are only going to have 3 weeks taxpayer down the road of stimulus ObamaCare off the ground. I mentioned in which something can be done to sun- spending before, with the idea that we what happened 3 years ago at the be- set, delay, defund, or repeal the law can stimulate job growth with so- ginning of my remarks. Let’s now talk and replace it with real health care recalled shovel-ready projects. Sadly, we about what is coming down the pike in form that works and to restore the all- have all seen what throwing taxpayer just a matter of weeks. important relationship between pa- money at supposed shovel-readiness October 1 is the deadline when, ac- gets you and just how lackluster this cording to the Affordable Care Act, ac- tients and doctors. Well, I do have an answer. Some time economic recovery has been. Wasting cording to the law, according to prom- ago, when the ObamaCare storm clouds hard-earned dollars on so-called invest- ise, millions of Americans who do not were first forming, I introduced legisla- ments doesn’t create jobs. Businesses receive insurance through an employer tion to sunset the exchanges and the and the people who build them is what will be forced to purchase health insur- creates jobs. ance in an exchange overseen by the individual mandate if they are not, as promised, up and running and ready to I think both sides of the aisle agree States and the Federal Government— that our Tax Code is already far too except for Georgia. Yesterday, Georgia enroll by October 1 so that the exchanges can meet the requirements complicated. In fact, a recent bipar- was the first to announce that they tisan letter from the chairman and will not be ready by the October 1 prescribed by law. Simply named the ‘‘Exchange Sunset Act of 2013,’’ S. 1272, ranking minority member of the Sen- deadline and have asked for a delay. ate Finance Committee discussed the I am going to make a prediction that my bill aims to make sure that if the complexity, inefficiency, and unfair- what Georgia did, others will do, in- exchanges are not ready, they go away ness of our Tax Code, which acts as a cluding the Federal Government. In and so does the mandate. brake on our economy. But if we can’t fact, as we all know, the administra- I realize, as we travel down this road bring ourselves to do entitlement re- tion—in a weekend blog, no less—an- to the October 1 deadline at ever-inform—or the so-called grand bargain— nounced they would delay the em- creasing speed, there will be those who at least at this stage what we can do is ployer mandate due to take place Jan- support continued advertising and en- perhaps a small bargain for businesses uary 1, 2014, by a year, to January of couraging thousands to sign up in the 2015. I might add, that just happens to exchanges. The question is, Sign up for and the taxpayers just by simplifying be after the midterm elections. This what? The chances of the exchanges, both the individual and corporate codes just means another delay for busi- State and Federal, being ready—and I to foster an environment that is hos- nesses that complained about the red- mean ready and accessible to all that pitable to business expansion, to hir- tape and costly burdens the mandate the advertising is trying to bring in— ing, and to international competitive- placed on their operations. Many are are remote at best. Obviously, there ness. already laying off employees or moving will be some kind of a delay, and once Last week I shared publicly with the them to part-time status to avoid the again we will have the administration leadership of our tax-writing com- costly mandate. And all of this follows rewriting laws which they had a direct mittee my goals and principles for tax the thousands of waivers granted to hand in writing and which were passed reform. Chief among them is lowering corporations, unions, and other groups. exclusively by the Democratic major- the business income taxation for cor- Again, my question is, Where is the ity. I submit, changing the law by the porations and those businesses that file waiver for the average family in Kan- Executive—the Office of the Presi- as individuals. sas and around the Nation? Where is dent—without approval by the Con- With 95 percent of U.S. businesses the permanent delay for the taxes that gress is unconstitutional. structured as subchapter S corpora- will affect individuals? Three weeks, three weeks before the tions, limited partnerships, limited li- As we warned, things are starting to ObamaCare train wreck. When this ability corporations, and other pass- crumble and get worse, which is why body comes back, let’s talk about it, through businesses, we can’t ignore the we need to sunset the exchanges and and I urge immediate consideration fact that many of them pay a top rate the individual mandate—literally, a and hopefully passage of S. 1272, the of 39.6 percent in addition to several tax on families. Exchange Sunset Act of 2013. It is a other layers of taxation. In my view,

VerDate Mar 15 2010 06:13 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.100 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6170 CONGRESSIONAL RECORD — SENATE August 1, 2013 any substantive tax reform should in- Senate receives from the House H.R. side are united in our belief that at the clude a reformed tax system that al- 2009, the Keep the IRS Off Your Health very least Americans deserve the same lows all U.S. businesses, including Care Act, the Senate proceed to its relief as businesses do. So we will all be passthrough businesses, to thrive. Un- consideration; that the bill be read a supporting this commonsense bipar- fortunately, the proposed corporate third time and passed, without inter- tisan bill if we have a chance to vote taxation reforms the President in- vening action or debate, the motion to on it. cluded in his recent announcement will reconsider be considered made and laid You would think this is a principle once again have the government pick- upon the table. Members of the body would support ing winners and losers in the Tax Code. The PRESIDING OFFICER. Is there unanimously. If it is OK for businesses, Here in the Senate, there are efforts objection? why not for individuals? Unfortu- to work in a bipartisan fashion to re- Mr. REID. I object. nately, objection has been heard and form the Tax Code. This is a good-faith The PRESIDING OFFICER. Objec- we will not get an opportunity to have effort that should be encouraged. As I tion is heard. the same break for the average Amer- mentioned, it would be a bargain for The Republican leader. ican citizen as the administration is taxpayers and businesses alike. DELAY THE INDIVIDUAL MANDATE giving through executive action to If we can make progress on the small Mr. MCCONNELL. Madam President, businesses. It is a shame, but that is bargain, then perhaps some day we can let me address the first consent I of- where we are going into the August re- return our attention to the grand bar- fered, which was objected to. Last cess. gain—a bargain that would include and month the administration announced I yield the floor. involve entitlement reform and sub- it would delay ObamaCare’s employer HONORING OUR ARMED FORCES PRIVATE FIRST stantive tax reform in the same pack- mandate on business. It is not hard to CLASS DUSTIN P. NAPIER age. see why they wanted to do that. We Mr. MCCONNELL. Madam President, Madam President, I yield the floor. keep reading about why businesses it is with sorrow that I rise to pay trib- The PRESIDING OFFICER. The Re- large and small will have little option ute to a young man from Kentucky publican leader. but to cut employee hours and pay- who gave his life in service to our UNANIMOUS CONSENT REQUEST—H.R. 2668 checks as ObamaCare comes on line, country. PFC Dustin P. Napier of Lon- Mr. MCCONNELL. Madam President, about how restaurants such as White don, KY, died on January 8, 2012, in I ask unanimous consent the Senate Castle, for example, are considering Zabul Province, Afghanistan while in proceed to the immediate consider- hiring only part-time workers moving support of Operation Enduring Free- ation of Calendar No. 145, H.R. 2668. I forward, about how small businesses dom. The cause of death was injuries ask unanimous consent that the bill be are citing ObamaCare as a top worry. sustained from small-arms fire. PFC read a third time and passed, without I think there are a lot of Members on Napier was 20 years old. intervening action or debate, and the this side who would question the legal- For his service in uniform, PFC Na- motion to reconsider be made and laid ity of what the President did. But with pier received several awards, medals, upon the table. midterm elections on the horizon, it is and decorations, including the Bronze The PRESIDING OFFICER. Is there no mystery why the administration Star Medal, the Army Achievement objection? Medal, the Army Good Conduct Medal, Mr. REID. Madam President, very would want to delay the law for businesses, considering how many jobs it is the National Defense Service Medal, briefly, reserving the right to object. the Afghanistan Campaign Medal with likely to kill, how many paychecks it The PRESIDING OFFICER. The ma- Bronze Service Star, the Global War on is likely to slash. Here is the thing, jority leader. Terrorism Service Medal, the Army though: Don’t families and individuals Mr. REID. It comes as no surprise Service Ribbon, the Overseas Service deserve the same kind of relief? I be- that the Republicans are once again Ribbon, the NATO Medal, the Combat lieve they do. I do not believe it is fair trying to repeal the health care act. By Infantryman Badge, and the Overseas to give a break to business and leave one count, the House and Senate Re- Service Bar. publicans have tried to fight the same Americans out in the cold. Dustin’s father Darrell Napier says of Recently we learned that Ohioans fight more than 70 times. his son, ‘‘He was born in an Army hos- Albert Einstein was not insane. He buying health insurance next year can pital, and I’m sure he ended up dying in was very smart. But he described in- expect about a 40-percent premium in- an Army hospital. He was my hero. sanity pretty clearly as doing the same crease. Next door, in Indiana, costs Please pray for us.’’ thing over and over and expecting dif- could rise by more than 70 percent. Dustin was born in an Army hospital ferent results. That is where we are Some Georgians could face a nearly because he followed his father’s exam- here. This is insane. It is clear Repub- 200-percent premium spike. In my ple of military service. Darrell Napier licans liked it better when insurance home State of Kentucky, actuaries are served in the U.S. Army from 1989 to companies could deny coverage when predicting cost increases that could ex- 1994, and was stationed in Germany and you had a preexisting condition; when ceed 30 percent. Remember, the Presi- Fort Polk, LA. Dustin, the youngest of insurance companies could cut off your dent said costs would go down, that Darrell’s three sons, knew from an health insurance when you got sick; ObamaCare was the Affordable Care early age he wanted a military career. when insurance companies could raise Act. ‘‘He’d been wanting to do that since insurance rates without any review. Millions face the prospect of losing he was a little boy, about when he was They would say—I guess when they say the insurance they like and want to six years old,’’ Darrell recalls. ‘‘I en- what they are saying now, that they keep, which again is not what the couraged him to do so. And he was a want to prevent enforcement of the President promised. That is why I have leader. He’d take the initiative to get health care reform, what they are real- asked the Senate to pass H.R. 2668. things done. I’ve always raised my boys ly saying is they want to repeal free This legislation passed the House on a to do the right thing, no matter if the mammograms and preventive care, re- strong bipartisan vote with nearly 2 cause was popular or unpopular.’’ peal the law that lets kids stay on dozen Democrats supporting it and it By the time he reached high school, their parents’ health care until they would delay some of ObamaCare’s most Dustin was a top cadet in his Junior are 26. burdensome mandates for everyone. ROTC program. ‘‘I remember him as a Let’s not fight the same fight over Shortly after its passage in the model student, very quiet and serious. and over. It is time to stop fighting. It House my colleagues and I called on You always knew where he stood,’’ says is time to work together. the majority leader to bring it to the Colonel Mark Jones of the Air Force I object. floor for a vote. Those calls were Junior ROTC program at South Laurel The PRESIDING OFFICER. Objec- unheeded. So I am disappointed to hear High School, Dustin’s alma mater. tion is heard. that some of our friends on the other Dustin rose to be his Junior ROTC The Senator from Texas. side have objected to this vote as well. unit’s corps commander and the most UNANIMOUS CONSENT REQUEST—H.R. 2009 I do not understand, frankly, why they decorated cadet. Mr. CORNYN. Madam President, I would want to leave Americans out in News of PFC Napier’s loss shook ask unanimous consent that when the the cold. I note that Members on this many who remembered him at South

VerDate Mar 15 2010 06:13 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.102 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6171 Laurel High, where Dustin graduated sacrifice. And we are humbled to pay nic conflicts for that matter—is essen- in 2010 and had many friends. ‘‘When I tribute to his life and legacy. tial to achieving lasting peace, rec- . . . heard he died, my legs almost col- BURMA onciliation and security in Burma after lapsed. It was unbelievable. He was a Madam President, today I rise to dis- 60 years of civil war. good friend, a good mentor, and truly a cuss U.S. policy toward the Southeast In Europe recently, President Thein good person,’’ says Devan Burkhart, a Asian nation of Burma. Sein predicted that a national ceasefire South Laurel student. In a little over 21⁄2 half years, the was right around the corner. And a ‘‘I learned from him. He was the one world has witnessed dramatic change peace process led by one of his close who would tell me, ‘Stick with it,’ in Burma; change that would have been ministers has been ongoing. However, when I got frustrated with the pro- thought unimaginable not long ago. military clashes continue in northern gram, and I did stick with it.’’ Nobel Peace Prize Laureate Daw Aung Shan state as well as in Kachin state. Steven Cheek, one of Dustin’s best San Suu Kyi has been released from The Tatmadaw has every right to pro- friends and a high-school classmate, re- house arrest and now sits in par- tect itself, but, without transparency calls the fun he and Dustin had shoot- liament. Hundreds of political pris- and civilian oversight, questions re- ing rifles, going to ball games, watch- oners have been released from prison. A main about the extent to which mili- ing movies, and listening to music. largely free and fair by-election was tary operations have conformed with Dustin’s favorite group was the Doors. held in April 2012. Ceasefires have been the President’s guidance and inten- Other friends remember Dustin loved signed between the central government tions. to play the air guitar. and several ethnic minority groups. Without ending its relationship with After graduating from South Laurel Yet, despite these welcome reforms, Pyongyang and without building peace High in May 2010, Dustin joined the much work remains to be done. At the with the Kachin and other ethnic na- U.S. Army in July and completed basic heart of Burma’s existing problems is tionalities, U.S.-Burmese relations will training at Fort Benning, GA. In April the need for constitutional reform. The not become fully normalized. Without 2011, he was deployed to Afghanistan current flawed constitution is not up the military accepting civilian over- with C Company, 1st Battalion, 24th In- to the task of supporting the country’s sight and demonstrating a commit- fantry Regiment, 25th Infantry Divi- democratic ambitions. Simply put, if ment to peace, our military relation- sion, based out of Fort Wainwright, Burma is to take the next big step to- ship will likewise be limited. Such a re- AK. ward economic and political reform sult would be to the detriment of both Darrell Napier recalls that Dustin and toward fully normalizing its rela- countries. would call home from Afghanistan tions with the United States, it needs Having U.S. diplomats continue to every now and then. ‘‘He did miss home to revise its constitution. urge Burma to amend its Constitution a lot,’’ Darrell says. ‘‘He loved to hang And there has been some encouraging to bring the military under civilian out with his friends very much. He news on that front. Just last week the control is important. But there are missed his friends at Save-A-Lot, Burmese parliament announced it other policy tools that I believe can where he worked for almost four years. would establish a committee to exam- help reform the Tatmadaw. I believe And if there was one meal Dustin real- ine amending the constitution. This that beginning a modest military-to- ly loved from his mother, it was her provides a great opportunity for the military relationship would serve this chicken and dumplings.’’ Burmese leadership to follow through purpose. Just to be clear. I am not ad- Dustin also found happiness thou- on its commitment to full democra- vocating rushing into lethal training of sands of feet in the air, while on R&R. tization. the Burmese military or arms sales. It was in an airplane that he met Tab- As this parliamentary panel begins What I am talking about is the U.S. itha Sturgill Napier, who he married in its efforts, I would highlight four areas armed forces engaging with the October 2011. of the constitution that are, in my Tatmadaw on compliance with the law Remembering her husband, Tabitha view, in particular need of reform. of armed conflict, and other issues re- says, ‘‘You are my very best friend and The first area of reform is the need to lated to international standards of I love you very, very, very much. You bring the Burmese military, called the military professionalism. are an amazing husband.’’ Tatmadaw, under civilian control. Ci- What better way is there to show the A few days after his death, friends vilian control of the military is a fun- virtues of civilian control of the mili- and classmates held a memorial service damental condition of a stable, modern tary than to have the most highly re- for Dustin at South Laurel High democratic country. Many of the stub- garded armed forces in the world—the School. His friends from his old Junior born problems Burma still needs to ad- U.S. military—engaged with the ROTC unit thought it only fitting to dress stem from the continued outsized Tatmadaw about respect for human hold the service where Dustin had role of the military in Burmese polit- rights, accountability and rule of law? served as such a fine example to past, ical life. For example, Burma con- I believe that a modest, targeted mili- present, and future cadets. Outside the tinues to maintain military ties with tary-to-military relationship would school, the American flag stood at half- North Korea. Indications are that ele- work hand in glove with diplomatic ef- mast. ments within the Burmese military forts to convince the Burmese military ‘‘Cadet Napier came here with a pur- want to continue enjoying the finan- that placing themselves under civilian pose from start to finish, from the first cial benefits of continued relations control is good for the nation. fall-in to the last fall-out,’’ says CMSgt with North Korea. Beginning a military-to-military re- Randy Creech of Junior ROTC. The unfortunate result is that Bur- lationship is common sense. Since be- We are thinking of PFC Napier’s ma’s pro-reform president Thein Sein fore independence, the Burmese mili- loved ones today, including his wife, cannot formally rein in the Tatmadaw tary has been a significant political in- Tabitha Sturgill Napier; his parents, since, under the Constitution, the stitution in the country. And no last- Darrell and Marianne Napier; his president is not head of the armed ing reform in Burma can take place brother, Darrell Dean Napier; his step- forces. A separate military Commander without convincing the Tatmadaw that brother, Christopher Bittner; his step- in Chief leads the armed forces and he such a step is a positive development son, Lane Robison; his grandmother, is independent of the president. for the country. Monika Paul; his grandfather, James Another example of the problems A second area of needed constitu- Napier; and many other beloved friends stemming from the lack of civilian tional reform involves amending the and family members. control of the military is the tense constitution to permit the Burmese I know that no words spoken in this state of relations between the armed people to choose freely whom they chamber can take away the sadness forces and the Kachin ethnic group. want to serve as their leader. This is a and loss that Dustin’s family must feel. The Kachin in northern Burma share a fundamental democratic principle. Cur- But I do want them to know that this proud history with the United States rent restrictions include a requirement Nation, and this United States Senate, stemming from our close cooperation that no one in the President’s imme- are deeply grateful for Private First during World War II. Ending the con- diate family can be a citizen born to Class Dustin P. Napier’s service and flict in Kachin state—and all other eth- parents who were not born in Burma.

VerDate Mar 15 2010 07:14 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.097 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6172 CONGRESSIONAL RECORD — SENATE August 1, 2013 Just think about that. That’s a re- three of America’s most powerful labor Congressman TOM PRICE of Georgia markably narrow requirement. Why leaders have declared the President’s has introduced a similar bill in the does the Burmese government have so health care law is ‘‘creating nightmare House of Representatives. Unfortu- little faith in the ability of its citizens scenarios’’ and threatening to ‘‘hurt nately—and this is pretty amazing— to freely and responsibly choose their millions of Americans.’’ Those are even before the House passed the House own leaders? some pretty remarkable words from bill and before the Senate had a chance These provisions, if left unamended, people who were some of the foremost to take up the Senate bill, President would cast a pall over the upcoming advocates for the Affordable Care Act, Obama has already issued a veto threat 2015 elections. And, those elections are otherwise known as ObamaCare. were we to pass it. It sounds a little de- viewed by many observers as the next Meanwhile, the union that represents fensive to me. I understand ObamaCare high-profile step in Burma’s reform ef- IRS employees has announced it does is a deeply decisive issue in Wash- forts. If the 2015 elections are viewed as not want its members to receive health ington, and I understand that while illegitimate, it will lead many to con- insurance through ObamaCare ex- many have been compelled to defend clude that reform efforts have stalled changes. In fact, earlier today the IRS the law previously, they are now feel- in Burma and the country’s stated Commissioner himself said he wants to ing a little skittish about it 3 years commitment to democracy is hollow. keep his current health care policy and later. I think having the 2015 elections turn does not want to sign up for I ask my colleagues: Given all we out to be flawed would cloud the re- ObamaCare, as millions of other Amer- have learned about corruption and in- formist legacy of the current national icans will be required to do. stitutional abuse at the Internal Rev- leadership. Speaking of the Internal Revenue enue Service, does anyone truly believe A third area of needed reform in this Service, the agency’s political tar- we should dramatically expand the regard is judicial independence. Cur- geting scandal continues to grow. I lis- agency’s power to implement rently, the Burmese judiciary is not tened in my office to Senator HATCH, ObamaCare? Does anyone truly believe independent of the executive. As we the ranking Republican on the Senate IRS agents should have access to even ourselves have learned from experience Finance Committee, the one primarily more personal financial information— in America, having judges who are not responsible for Internal Revenue over- not to mention medical information— under the thumb of the other branches sight in the Senate, and I hope the about American citizens? If IRS offi- is not only a vital check on the other questions he posed will be answered by cials conducted a systematic campaign organs of government, but also a bul- the bipartisan investigation we are of political targeting against conserv- wark against violations of individual conducting. We recently learned the In- ative organizations, why should we rights. ternal Revenue Service’s Chief Coun- have any more confidence that the Finally, there need to be constitu- sel’s Office, headed by an Obama ad- agency will fairly and objectively im- tional assurances for ethnic minorities. ministration appointee, was aware of plement the President’s health care Burma faces no greater challenge than the abuses. So much for a couple of law? peacefully integrating its various eth- rogue agents in Cincinnati, as was Remember, the IRS has already an- nic groups. These groups have long har- originally reported. We have also nounced it will violate the text of the bored misstrust of the central govern- learned that IRS officials have been law and issue health care subsidies ment and the Tatmadaw. Building pro- improperly targeted, not only conserv- through Federal exchanges. Let’s recall tections for ethnic minorities into the ative organizations but political can- what happened. Many States said: We Constitution would, I suspect, go a didates and donors as well. will pass on State-based insurance ex- long way toward making the ethnic To make things worse, the same per- changes upon which ObamaCare de- groups more receptive to the new gov- son who ran the IRS division that tar- pends to be implemented in the States. ernment. Such provisions would also be geted conservative groups is now run- So what the IRS has said is: We are underscored by an independent judici- ning the agency’s ObamaCare office. I going to paper over the fact that Con- ary to help enforce these protections. can’t make this stuff up. Truth is gress never explicitly authorized tax As we know as Americans, amending stranger than fiction. Americans might dollars to subsidize the Federal ex- a Constitution is not easy, nor should be asking: What does the IRS have to changes, even though the law clearly it be. But over the years, we in this do with ObamaCare? states that those subsidies can be country have amended our Constitu- America’s tax collection agency will issued only through State exchanges. tion to make it more democratic and be responsible for administering sev- That is another example of lawlessness to provide greater protection of indi- eral of the law’s most important provi- when it comes to ObamaCare. vidual liberties. sions, including the individual and em- Reforming the Burmese Constitution ployer mandates, which we have heard In other words, the agency has al- in areas such as the four I just raised is so much about, and all of the subsidies. ready shown utter contempt for the a necessary next step in Burma’s own In other words, all of the tax dollars rule of law when it comes to imple- journey toward democracy and peace- will go to fund the exchanges under menting the President’s most cher- ful, national reconciliation. ObamaCare. Those will be administered ished legislative accomplishment. They There is still time for Burma to act by the Internal Revenue Service under have already shown that contempt, and ahead of the 2015 election and correct the current law. they don’t deserve, nor have they these problems. I urge the country’s It is remarkable that at a time when shown themselves worthy of, our con- leadership to seize the moment, to take public trust and the Internal Revenue fidence when it comes to implementing this vital step and to cement its re- Service has plummeted and IRS offi- this health care law. formist legacy. cials are complaining their staffers are In my view, the IRS has absolutely The PRESIDING OFFICER. The Sen- overworked and overburdened, the no business playing such a huge role in ator from Texas. Obama administration wants to use the American health care system. For KEEP THE IRS OFF YOUR HEALTH CARE ACT this tax agency to administer a mas- that matter, I ask my friends on the Mr. CORNYN. Madam President, sive new entitlement program affecting other side of the aisle one final ques- turning to the matter upon which I one-sixth of our national economy. To tion: Do you still believe ObamaCare asked unanimous consent and to which me, that sounds like another recipe for will reduce health care costs? After all, the majority leader objected, and that disaster. it is estimated that the law will cause is to take up legislation that I have Back in May I sponsored legislation a dramatic spike in individual insur- sponsored here in the Senate, which that would prevent the Internal Rev- ance premiums across the country— has been passed in the House, which is enue Service from a role in imple- from Maryland to Florida, to Indiana the Keep the IRS Off Your Health Care menting ObamaCare. Last week, I in- and Ohio, to Kentucky and Missouri, to Act, with each passing day it seems as troduced it as an amendment to the Idaho and California. though more and more supporters of Transportation, Housing and Urban De- Earlier this week, for example, the ObamaCare are having second velopment appropriations bill that was Florida insurance commissioner pre- thoughts. As I mentioned last week, pending before this Chamber. dicted that because of ObamaCare, the

VerDate Mar 15 2010 06:13 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.098 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6173 cost of health insurance in the indi- path. Yet any time we try to suggest such as the Internal Revenue Service vidual market and Florida will in- reforms that will strengthen and sta- that has grossly abused its power and crease by 30 to 40 percent. The reason bilize Medicare and make sure it is demonstrated that its current job is for that is because the provisions in there for future generations, they are way beyond its capacity to perform. ObamaCare mandate the guaranteed met with a ‘‘stiff-arm.’’ I realize we will not be able to dis- issuance of health insurance even after If we want to reduce health care mantle ObamaCare overnight—not a person is sick. Someone compared it costs, if we want to expand quality in- with President Obama still in the to waiting until your house is on fire surance coverage and give Americans White House and with a Democratic to buy insurance. It is not insurance more choices and options, we should majority in the Senate. I realize many anymore, and it drives up the cost, not equalize the tax treatment for health of these issues need to be debated fur- to mention the fact that young peo- insurance so it is treated the same ther, but I hope we can all agree that ple—such as those sitting in front of whether it is provided by your em- the Internal Revenue Service, the IRS, me—are going to have to pay the price ployer or whether an individual buys should not be administering a law that of subsidizing health care for older it. We should let individuals and busi- affects one-sixth of our national econ- Americans. The so-called age-banding nesses form risk pools in the individual omy and which so dramatically affects requirements don’t allow older citizens market, and we should let folks buy the quality of life for 320 million Amer- to pay any more than three times what health insurance across State lines. icans. young people pay for health insurance, Why shouldn’t I be able to buy health I yield the floor. even though the cost of their health insurance in New Hampshire or Ala- The PRESIDING OFFICER. The Sen- care, given their age, will be higher. bama or somewhere else if it fits my ator from Alabama. So this is what distorts the insurance needs? Right now that is not possible. Mr. SHELBY. Madam President, last markets, which is causing health insur- It would create a market which would week in Illinois President Obama at- ance premiums to skyrocket across the create competition, bring down costs, tempted to blame opponents of the States because of ObamaCare. and make it more affordable. We ObamaCare for the law’s broken prom- Rather than make our individual should expand tax-free health savings ises. He lashed out at what he called health insurance markets even more accounts so people can save their own ‘‘folks out there who are actively distorted and more dysfunctional than money and spend it as they see fit on working to make this law fail.’’ Those they are today, we should dismantle their health care. If they don’t spend it were his words. He further said: ‘‘[A] ObamaCare and replace it with patient- there, it is available for their retire- politically motivated misinformation centered reforms that create a genuine ment, much like any other individual campaign’’ is afoot. He strongly im- national marketplace for health insur- retirement account. plied that fault rests not with those ance. We should curb frivolous medical who conceived the law but those who I was just reading a story about an malpractice lawsuits. According to one have not, in his estimation, ‘‘com- Oklahoma surgical center which pub- study, the annual cost of defensive mitted themselves to making [it] lishes the price of common procedures medicine is a staggering $210 billion. In work.’’ for the public to read and which now my State, we have had a lot of success Think about it a minute. This flail- has created—what markets always do— with medical malpractice reform. It ing, of course, was nothing more than greater consumer awareness of what stabilized the cost of medical mal- an effort by President Obama to dodge exactly these procedures cost. As we practice insurance that physicians and deflect accountability for the law have seen in Medicare Part D, the pre- have to buy, and it created a huge sur- that bears his name. Let’s be real. scription drug plan Congress passed a plus of physicians who want to move to ObamaCare is not a failure because so few years ago, when a market is cre- Texas and practice their profession. many Americans reject it, rather so ated and vendors compete for con- They realize they will not lose every- many Americans reject ObamaCare be- sumers’ business, prices go down and thing they have in the litigation lot- cause it is a failure. I believe we should the quality of service goes up. That is tery. They can buy affordable coverage focus on what truly matters. what markets do. Ultimately, it bene- that will protect their family and their Americans are growing increasingly fits the consumer, and it would benefit patients should they make mistakes. anxious about how the law will affect taxpayers and patients as well. We should give each State much them and their families. They wonder What do I mean by patient-centered more flexibility to design a Medicaid what it will mean for health insurance reforms? I am talking about reforms Program that works best for their and tax bills. They wonder whether that empower individual Americans by neediest residents. Medicaid is a won- they will be able to get the care they giving them more choices and flexi- derful program, but it is broken. This need when they need it. They wonder bility in the health care markets—such is designed to protect the most vulner- whether the quality of American as the example of the Oklahoma sur- able people in our society and provide health care will remain the best in the gical care center—by giving people for their health care needs. But be- world and, yes, they wonder how a gov- more transparent information about cause of the broken Medicaid Program, ernment reorganization of one-sixth of pricing and quality and by directly as- only one out of every three doctors in the economy will impact a weak jobs sisting people with preexisting condi- my State will actually see a new Med- market. Unfortunately, neither the tions. icaid patient. Medicaid reimburses at outset nor the outlook provides con- I heard the majority leader earlier about half of what private insurance solation. when Senator MCCONNELL offered a reimburses, and as a result many doc- President Obama has frequently unanimous consent to extend the mor- tors can’t afford to see a new Medicaid sought to downplay the debacle sur- atorium on the individual mandate just patient. What we have is the appear- rounding the rollout of his health care as the President has unilaterally on ance of coverage, but there is no real law. He says ‘‘that glitches and bumps’’ the employer mandate. He said some- access to the doctor of their choice. So are to be expected. But as the Wall thing to the effect of: Republicans we need to fix Medicaid. Street Journal columnist Kimberly want people to be subjected to pre- Finally, we should establish greater Strassel notes, the Democrats didn’t existing condition exclusions that are provider competition in Medicare so ‘‘count on the hiccups turning into car- not covered. That is simply false. We the competition I mentioned a moment diac arrest,’’ and that is what hap- don’t have to embrace 2,700 pages of ago in the Medicare prescription drug pened. ObamaCare just to take care of that program could also apply in other as- Since the enactment of ObamaCare, a problem or other problems we have pects of Medicare and help make it laundry list of unworkable provisions agreement on. We should also work to more affordable, shore it up, and guar- has been repealed or delayed. But re- protect the doctor-patient relationship. antee its availability to generations cently the administration announced The last thing we ought to do on my yet to come. two particularly notable delays. list of things to do to reform the health There is no reason why Americans First, the administration will delay care system is to save Medicare from have to accept an unworkable health implementation of the law’s employer bankruptcy. It is on an unsustainable care law administered by an agency mandate until 2015 because workable

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In anticipation of this mandate these, several affect individuals mak- reaucratic nightmare. With more than many employers are cutting back ing less than $200,000 and married cou- 20,000 pages of new rules and regula- hours for current workers and holding ples making less than $250,000—a clear tions, the law expands government to off on hiring new ones. violation of President Obama’s often an unprecedented level, creating 159 I welcome any relief from ObamaCare repeated campaign promise not to do new boards, commissions, and govern- for anyone in this country, but why so. ment offices. Think of it. should such relief not apply to individ- Despite this massive tax hike, Adding to these concerns, Deloitte’s uals and families as well as businesses? ObamaCare will still add $6.2 trillion— 2013 Survey of U.S. Physicians finds If the administration hasn’t gotten its yes, $6.2 trillion—to the debt in the that due to recent developments in act together by now, what leads us to years ahead. This is based on the Gov- health care, ‘‘the future of the medical believe it ever will? Instead of tempo- ernment Accountability Office projec- profession as we know it may be in rarily delaying part of ObamaCare for tions. This clearly violates yet another jeopardy as it loses clinical autonomy some, I believe the best course would promise by the President that he would and compensation.’’ The survey by be to permanently delay all of it for ev- ‘‘not sign a plan that adds one dime to Deloitte also found that ‘‘6 in 10 physi- eryone. our deficit—either now or in the fu- cians’’—6 in 10—‘‘say it is likely that The administration also recently an- ture.’’ Goodness. many physicians will retire earlier nounced postponement of a critical I believe ObamaCare will not only than planned in the next 1 to 3 years.’’ taxpayer protection under ObamaCare. fail to control costs but will also de- Again, sitting in that doctor’s office, Taxpayers were previously told the stroy the best quality health care in I remember breathing a little easier to government would verify that appli- the world—ours. Why do I say this? In know we have not only the most ad- cants actually qualify for subsidies be- 2009, Dr. Martin Feldstein, Chairman of vanced treatments but also the most fore receiving them. Now the adminis- the Council of Economic Advisers skilled and experienced physicians in tration says it is not ready to do that under President Reagan and a Harvard the world. We don’t want to jeopardize until 2015, although it will still go professor, wrote an op-ed in the Wall that, do we? ahead with enrollment in the program Street Journal entitled ‘‘ObamaCare Is In addition to concerns about the in 2014. So for the coming year, the All About Rationing.’’ He backed up quality of care, the Obama administra- Obama administration will trust but his statement by citing a report issued tion has backtracked on still another not verify anything. The honor system, by President Obama’s own Council of of the President’s promises. In 2009, he I believe, is no taxpayer protection. Economic Advisers which explained stated unambiguously: ‘‘If you like These are not run-of-the-mill how the President would propose to re- your doctor, you will be able to keep glitches and bumps, as the President duce health spending by eliminating your doctor. Period.’’ The President’s would say. These provisions are central certain treatments—by rationing. words. to the legislation and may foreshadow Dr. Feldstein went on to compare the Despite this pledge, the Department major problems to come, as we find out Obama strategy to that of the British of Health and Human Services, under every day. These provisions are un- national health service. He concluded the Obama administration, recently workable or problematic not because the existence of such a program in the posted the following on healthcare.gov: people don’t like them but because United States would not only deny life- ‘‘Depending on the plan you choose in they were poorly designed. This isn’t saving care but would also cast a pall the marketplace, you may be able to about a lack of commitment on behalf over medical researchers who would keep your current doctor.’’ It says of those forced to comply with these fear that government experts might ‘‘may’’ be able to keep your doctor. mandates. Rather, it is about a lack of project their discoveries as ‘‘too expen- That is not what the President told the confidence on behalf of those who con- sive.’’ American people. ceived and crafted these provisions. Think of the implications of ration- A University of Chicago study under- In light of the disastrous rollout of ing health care. What does it mean for scores this finding that more than half ObamaCare, Americans are also appre- a patient sitting in the doctor’s office of current individual insurance plans hensive about the cost—yes, the cost. when they get a life-changing diag- do not meet ObamaCare’s standard to How will all of this impact their health nosis? I know that feeling. I have been be sold on the exchanges. So much for insurance premiums? What will be the there. It reassured me to know we have that ironclad promise. tax burden? What will a new entitle- the best health care in the world and But there is another area: ment program do to our $17 trillion that everything possible would be done ObamaCare is a job killer. How will debt, which is growing? to save my life. I want others who en- ObamaCare affect jobs? In President With respect to premiums, President counter that situation to have the Obama’s recent Illinois speech I men- Obama told the American people his same reassurance. But will they? tioned earlier, he made the following health care overhaul ‘‘could save fami- Despite what President Obama may curious statement about Republicans lies $2,500 in the coming years.’’ Those say, it is not just Republicans who and job creation: ‘‘They’ll bring up were his words. But despite this bold have deep concerns about health care. ObamaCare despite the fact that our claim, health insurance premiums for This week, on the same Wall Street businesses have created nearly twice as the average American family have in- Journal opinion pages, Howard Dean, a many jobs in this recovery as they had creased over $3,000 since 2008, and this former Democratic National Com- at the same point in the last recovery is according to the Kaiser Family mittee chairman and Governor, as well when there was no ObamaCare.’’ Foundation Employer Health Benefit as a physician, concurred with Dr. This is a non sequitur. At a min- Survey, which is very well respected. Feldstein. Mr. Dean wrote that imum, President Obama implied that Moreover, a recent Wall Street Jour- ObamaCare’s independent payment ad- ObamaCare has not hurt job creation. nal analysis finds that premiums for visory board—IPAB—‘‘is essentially a At worst, he implied it has helped. healthy consumers could double or health care rationing body.’’ By setting In stark contrast, the U.S. Chamber even triple under ObamaCare. Can we doctor reimbursement rates for Medi- of Commerce’s second quarter 2013 imagine that? care and determining which procedures Small Business Survey in America Although ObamaCare has not de- and drugs will be covered and at what finds that ‘‘71 percent of small busi- creased premiums, it has certainly in- price, the IPAB will be able to stop cer- nesses—and that is the job creation creased taxes. According to the Con- tain treatments its members do not machine in this country—say the gressional Budget Office—CBO—and favor by simply setting rates to levels health care law makes it harder to

VerDate Mar 15 2010 06:13 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.107 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6175 hire.’’ The same survey finds that about the economic condition of Amer- about. Mr. Rove and the donors say, ‘‘one-half of small businesses say that ican workers, the immigration bill that the legislation must ‘‘provide a legal they will either cut hours to reduce passed here recently, and in general way for U.S.-based companies to hire full-time employees or replace full- about where we are as a Nation and the the workers they need.’’ time employees with part-time work- difficulties we are facing. So we are supposed to pass a law that ers to avoid the mandate.’’ I think there is a growing acceptance guarantees American companies the In addition, Gallup finds that ‘‘41 per- by most experts that we have, indeed, right to hire whoever they need, who- cent of small business owners say they seen a decline in the wages of the mid- ever they say they need, whoever they have held off on hiring new employees’’ dle-class and working Americans rel- believe is best for them. That means in response to ObamaCare. ative to inflation since maybe as long the best worker at the lowest price. The 1-year delay on ObamaCare’s em- ago as 1999—a steady erosion of their That is what free markets are all ployer mandate provides momentary income relative to the price of prod- about. That is what the law of supply relief. But in light of sustained high ucts they buy. That is not a healthy and demand is all about. It has not unemployment in this country, I find it trend. been repealed, by the way, the law of deeply troubling that perhaps the best President Obama talked about it, our supply and demand. thing President Obama has done for Democratic colleagues talked about it First and foremost, that cannot be American business during his time in a lot when President Bush was Presi- the goal of an immigration policy of office is to provide only a brief reprieve dent. But it has continued. I thought the United States of America. It can- from his own signature achievement. maybe it was an aberration, but I do not be the overriding policy of our sys- Notably, labor unions agree with not think so anymore. I think a lot of tem to provide and to make sure that businesses now, that ObamaCare will things are happening with robotics, whatever workers our companies want hurt the economy. Recently, in a ObamaCare, other things that are hap- at whatever price, apparently, they are scathing letter to Democratic leaders pening, that are making it more dif- willing to pay or want to pay—that we in Congress, the president of the Team- ficult for workers to find jobs—unem- allow workers to come in from abroad sters Union, the UFCW, and UNITE- ployment remains exceedingly high— and take those jobs, regardless of the HERE, wrote that ‘‘ObamaCare will and to have wage increases. unemployment rate in America, re- shatter not only our hard-earned One of the things I noticed this week gardless of the number of people who health benefits, but destroy the foun- from the Republican side of the aisle is are on welfare, on unemployment com- dation of the 40-hour workweek that is that Congress received two letters—one pensation, who have not had a good the backbone of the American middle from Republican donors, according to paycheck in a number of years, per- class.’’ some, and another from CEOs—urging haps. This brings me full circle to where I that Congress act on immigration. This Our responsibility and our goal is to began my remarks. President Obama is primarily to the House Members. serve the people of this country and to conveniently blames Republican oppo- Nearly 100 top Republican donors, try to create a climate, an economic sition for the stumbles and failures of they called themselves, and Bush ad- agenda that allows them to prosper and ObamaCare, despite the fact that ministration officials sent a letter to to actually find jobs and actually get Americans across the political spec- the House Republicans on Tuesday urg- pay raises, not pay reductions. trum have spoken up about its many ing lawmakers to pass a bill that legal- Of course, there is already a legal flaws. izes illegal immigrants. The donor let- way for U.S.-based companies to hire President Obama rammed his health ter came the same day the U.S. Cham- workers they need. They can hire the care legislation through Congress with- ber of Commerce and 400 other busi- people living here today who are unem- out a single Republican vote. Why? Be- nesses and umbrella groups fired off an- ployed. Or they can hire some of the cause he knew he did not need our other letter to the House leaders of million-plus immigrants whom we law- votes to put the entire Nation under both parties urging them to pass some- fully admit each year. We have a very his health care plan. Yet now he claims thing. generous immigration policy. No one is that ObamaCare works for those who One word was not mentioned in ei- talking about ending that and not al- are ‘‘committed to it.’’ Committed to ther one of those letters: Wages. Nor lowing immigration to continue. We it? was any discussion of jobs and unem- allow about 1.1 million immigrants a Republicans are committed to find- ployment raised in those letters. year come to America lawfully, plus ing solutions that actually lower Mr. Karl Rove—a man I know and guest workers who come specifically to health costs, that do not tax and spend like and a long-time friend—and these work. That is very generous. But this us into oblivion, that preserve the groups would have us believe this legis- bill would double the number of guest world’s highest quality health care, lation is about the providing of am- workers and increase substantially the and that foster economic growth. We nesty to people who have been here a number of people who come through have said all along that ObamaCare long time. That certainly is a large immigration to become permanent would fail on each of these counts. part of it. Businesses know that legal- residents in our country, at a time of I believe opposition to ObamaCare is izing illegal workers will, indeed, ex- high unemployment—much higher un- not responsible for its failures, and pand the available labor pool for indus- employment than we had in 2007. That commitment to it will not negate its tries with the effect, I suggest, of bill would have allowed much fewer deep flaws. The only way to achieve bringing down wages, particularly in people to come into the country, and it the goals we all share is to begin by re- the areas where illegal workers might was rejected by the American people. pealing this failed law so we can re- have previously not had access. So of No one is saying these programs can- place it with a plan that works. I hope the 11 million people, perhaps half, we not and should not exist, and that they we can. understand, do not have fake docu- should not be improved. But I am I yield the floor. ments, are not able to work in the afraid the businesses want the choicest I suggest the absence of a quorum. labor force, effectively, and they take pick of labor at the lowest cost they The PRESIDING OFFICER. The marginal jobs. If this bill were to pass, can get it. That is what businesses do. clerk will call the roll. all would immediately be given Social That is what businesses want every The assistant legislative clerk pro- Security Numbers, and they could day. When they go out and interview ceeded to call the roll. apply to any job in America. people, they want the best person they Mr. SESSIONS. Madam President, I That is both a good thing and a dif- can get at the least cost. That is what ask unanimous consent that the order ficult thing. It is good that they would their stockholders demand. So they be- for the quorum call be rescinded. be able to work. It is not so good if you lieve the immigration policy for the The PRESIDING OFFICER. Without wanted one of the jobs that would be entire Nation should exist to create an objection, it is so ordered. taken. abundance of low-cost labor. I do not THE ECONOMY AND IMMIGRATION But there is a phrase in the letter agree with that. Mr. SESSIONS. Madam President, I which has gotten too little attention They, in their bubble they live in, would like to share some remarks and which explains what this is all think lower wages are good. You hear

VerDate Mar 15 2010 06:13 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.108 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6176 CONGRESSIONAL RECORD — SENATE August 1, 2013 about it: There are concerns over rising am saying this because these are con- Oh, we do not want to talk about wages. It might drive up prices, you servative writers. that. That is not a problem. The immi- hear the Wall Street Journal say. The Left’s economic policies (and the leg- gration bill will increase wages, we are Well, maybe some politicians think acy of decades of right-wing confusion about told. Professor Borjas said it has al- that way too. They are not concerned the difference between being pro-market and ready reduced wages enough to be very with how the plan impacts workers, being pro-business too) are making the painful to people who are trying to the immigrants themselves, public re- American economy less and less like the vi- take care of their families today. sources, the education system, or tax- sion of capitalism that conservatives should Wages continue to fall. want to defend. They should consider what payer dollars. They are not focused on This is not only an economic prob- the broader economic and social con- now would be best for the cause of growth and prosperity—the cause of free markets lem, but it is a social problem. The cerns that happen when someone is not and free people. idea that dramatically increasing the able to get a job for years at a decent Capitalism is fundamentally democratic, number of foreign workers to take a wage. The focus tends to be on the re- after all—we today might say fundamentally limited number of American jobs will duction of the cost of labor. populist and recovering this understanding reduce unemployment and raise wages But America has a larger concern. of conservative economics would help to- is so ridiculous it is hard to think it That concern is unemployment. It is day’s Republicans see an enormous public worth discussing. The very idea of this workplace participation. It is wages. need, and an enormous political opportunity, they tend to miss, and to which conserv- is beyond my comprehension. Yet we And it is the cost of social services to have the President out there today those in need. We all agree we must atism could be very usefully applied. It sending out documents claiming just make America more competitive glob- would point to a conservative agenda to help working families better afford life in the the opposite—the President of the ally. Workers must be productive and middle class, and to give more Americans a United States. The law of supply and competitive. But how do we close the chance to rise. demand has not been eliminated. income gap? How do we deal with that? So this is, I guess, directed—too late Wages today are lower than in 1999. The best way to do that is not to re- now to deal with the Senate. It passed duce our wages and workers’ quality of Median household income has declined the Senate, but not too late to deal 8 percent in that time. Some 47 million life. The way to do that is with a less with in the House, which does have a burdensome Tax Code, a less intrusive of our residents are on food stamps Republican majority. If Members of regulatory system, and a tougher, today, including 1 in 3 households in Congress want to broaden their appeal, smarter, fair trade policy. These poli- Detroit. According to the Associated the answer lies in speaking to the real cies would make us more competitive Press, four out of five U.S. adults and legitimate concerns of millions of and help wages and working conditions struggle with joblessness, near poverty, improve. hurting Americans whose wages have or reliance on welfare. So when these business voices and es- declined and whose job prospects have There is no shortage of labor in the tablishment figures say the GOP needs diminished. United States. There is a shortage of to support a comprehensive immigra- The New York Times talked about jobs in the United States. Our goal tion bill, what they are really saying is this in 2000. They forgot about all of must be to help our struggling Ameri- the GOP and the Congress of both par- this now. But in 2000, they editorialized cans move from dependency to being ties—which in the Senate, of course, a against an amnesty bill, what they independent, to help them find steady minority of Republicans voted for the called a ‘‘hasty call for amnesty’’ and jobs and rising pay, not declining pay. bill, and every single Democrat voted warned that ‘‘between about 1980 and Our policy cannot be to simply relegate for the bill. They would have done the 1995 the gap between wages of high more and more of our citizens to de- things I am concerned about. school dropouts and all other workers pendence on the government while im- Now they are worried about the Re- widened substantially.’’ That is what porting a steady stream of foreign publican House and they are trying to the New York Times said then. It re- workers to take the available jobs. put the pressure on them. What they mains true. That is not in the interest of our coun- are saying is, we need to increase low- Professor George Borjas, himself an try or the people of this country. skill immigration, when we do not immigrant to America as a young man Some contend our unemployed do not have enough jobs now. The Senate bill, from Cuba, now at Harvard, perhaps have the needed skills. Well, let’s train based on CBO analysis, would provide the most effective and knowledgeable them. We now spend over $750 billion a legal status to 46 million people—most- and respected scholar of wages and im- year on means-tested welfare-assist- ly lower skilled immigrants—by 2033— migration in the world, certainly in ance type programs. That is the largest 46 million. Here is what the National the United States, estimates—get item in the budget, bigger than Social Review editorialized on the subject: this—that 40 percent, almost half, of Security, bigger than defense, bigger By more than doubling the number of so- the trend downward in wages today can than Medicare. Of that amount, for called guest workers admitted each year, the be traced to immigration from un- every $100 we spend on those programs, bill would help create a permanent skilled workers. Businesses do not have we only spend $1 on job training. So we underclass of foreign workers. The 2007 Bush- to bid up salaries to get good workers need to wake up here. We need to quit Kennedy proposal was rejected in part be- if you constantly have a flow of people cause it would have added 125,000 new guest paying people not to work, quit deliv- workers. The Gang of Eight bill—The one we come in. ering money that creates dependence, just passed in the Senate—would add 1.6 mil- That data he reported has been up- and shift our policies in a way that lion in the first year, and about 600,000 a year dated. High levels of low-skilled immi- puts people to work and gets them after that and that is on top of a 50 percent gration between 1980 and 2000—and trained to take the jobs that are here or more increase in the total level of legal those levels would be greatly increased today. immigration. The creation of a large popu- if this bill that passed the Senate were As we leave for recess, my message to lation of second-class workers is undesirable to become law—have already reduced from the point of view of the American na- my colleagues in the House is this: Do tional interest, which should be our guiding wages of native workers without a high the right thing. Make your priority re- force in this matter. The United States is a school diploma by 8 percent, according storing the rule of law, defending work- nation with an economy, not an economy to Professor Borjas. He has analyzed ing Americans, and helping those with a nation. Labor Department statistics, census struggling, immigrant and native born. This Nation owes certain things to data, and all kinds of data, according People who immigrate here lawfully its citizens, the people who are here to the highest academic standards. want to go to work here and see their now. We have a lot—300 million—and Professor Borjas said their wages wages rise too. Their wages are being many of them are hurting. We owe have fallen from 1980 to 2000 by 8 per- pulled down if the flow of immigration them the best opportunity—owe them cent in real dollars as a result of the is too large. It is amazing to me how the best opportunity—to be successful current flow of immigration. So that is the coalition has been put together. and have a decent job with increasing about $250 a month. You think that Some of the comments about it kind of wages, not declining. does not make a difference to working take my breath away. Here is what conservative writer Americans and their families, to lose Here is what the President said today Yuval Levin wrote in a recent op-ed. I $250 a month? in his paper, claiming that everything

VerDate Mar 15 2010 07:14 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.112 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6177 is going to be great with this huge in- I yield the floor and suggest the ab- cost and expand choice, reforms that crease of immigration that was in the sence of a quorum. do not bankrupt the country and every bill he wants to see passed in the The PRESIDING OFFICER. The taxpayer. House. This is their report. The broad- clerk will call the roll. The Federal Government needs to er leisure and hospitality industry, one The legislative clerk proceeded to support viable solutions when needed of the fastest growing sectors in the call the roll. and refrain from handcuffing innova- U.S. economy, also stands to benefit Mr. ENZI. Madam President, I ask tive private designs with the excessive significantly from commonsense immi- unanimous consent that the order for regulations for narrowed political in- gration reform. the quorum call be rescinded. terests. We need more competition, not According to the Bureau of Labor The PRESIDING OFFICER. Without less. Statistics, the leisure and hospitality objection, it is so ordered. Unless we take concrete steps now, industry has consistently added jobs HEALTH CARE REFORM we will soon be unable to switch off the over the last 3 years. These sectors re- Mr. ENZI. Madam President, a lot of track toward government-run health main a source of robust economic ac- Americans are worried right now about care. When I first got here, I was tivity and continue to exceed expecta- their health insurance. They know warned that there were people who did tions. Leaders of these industries have what is coming. Seniors have been not care who ran the train of health as been long-time proponents of legisla- turned down by their doctors for Medi- long as it wrecked. Then we could have tion that would legalize workers in the care treatment because the doctors are universal single-pay, government-run United States and facilitate the lawful not adequately compensated. If they health care. I am not sure that is not employment of future foreign-born have not been turned down, they know still the goal. workers. someone who has been turned down. One clear example of how convoluted The head of the American Hotel and Medicaid is uncertain and a stigma. this law is comes from the definition of Lodging Association this year ap- On the one hand, advances in medical who an employee is. I used to work in plauded the Senate—I bet he did—on technology and the capabilities and the shoe business, so I understand the behalf of the lodging industry for its knowledge of our health care providers difference between full-time work, bipartisan commitment to immigra- mean we are living longer and have which was 40 hours a week, and part- tion reform that ‘‘creates jobs, boosts more tools at hand than ever before to time work, which was under 40 hours a travel and tourism, preserves hoteliers’ address diseases and illnesses. week. access to a strong seasonal workforce, However, on the other hand, this in- However, under the health care law, and stimulates economic growth.’’ creasing life expectancy, coupled with there are now full-time employees and Well, sure. He would rather be able to the aging of our population and the full-time equivalents. What this means have a large flow of workers from steady increases in health care costs, is the law requires employers, and par- abroad take the jobs. What happens to ticularly small businesses, to deter- means our health care system is on the the Americans who are not getting mine how many of their part-time em- verge of becoming completely jobs? Are they on the food stamp rolls, ployees it takes to equal a full-time unsustainable financially. the assistance rolls? Are they on unem- All across the country health insur- employee. They don’t come under the ployment compensation? Are they oth- ance rates are skyrocketing. Families full force of the law until they hit 50 erwise struggling to get by with gov- employees. There are businesses that are struggling to cope with the higher ernment assistance? Would it not be understand that, and they are trying to costs and less choice. Employees are better for our Americans to have those avoid getting to the 50th employee. But losing coverage and they are losing jobs? there are some catches in this law. I mean, think about it, the President working hours. Businesses are not hir- First of all, the health care law sets of the United States out here cele- ing. At the center of this uncertainty full time at 30 hours, not 40 hours per brating special interests, hotel mag- is the President’s health care law. A week but 30 hours. It was news to me. nates, casino magnates who want number of provisions have already gone It always was 40 hours. cheap foreign labor so they do not have into effect, but we will not experience Second, the law requires these em- to hire American workers who are un- the full force of the law until 2014; that ployers to take everyone working 29 employed. That is what we are talking is, January. hours a week or less, combine all of about. I think it is time for the Repub- The Democrats’ ‘‘go it alone’’ health their time for a week, and then divide licans to stand up to the Republican care reform plan in 2009 was the first by the number 30 to establish how 100 donors writing that letter. Give me major piece of legislation to pass Con- many full-time equivalents these part- a break. We need to reject their advice gress without a bipartisan vote. Let me time workers represent. I don’t think a and the premise of their letter that the repeat that again. The Democratic ‘‘go lot of people planned on that. public policy of the United States it alone’’ health care reform plan in If you are still following along at this should be based on giving U.S. compa- 2009 was the first major piece of legisla- point, congratulations. You can see nies a legal basis for hiring all the low- tion to pass Congress without a bipar- how costly the taxes imposed by this cost foreign workers they say they tisan vote. When you have a partisan law will be. need. bill you get partisan results. What if the rule forces you to add all They are not entitled to demand After 20,000 pages of regulations and of your employees’ hours and divide by that. We are supposed to set national still a lot more to come, they are a lit- 30 hours to determine your full-time policy here. We are supposed to set pol- tle behind on those, and after over 150 employees? What if you have 10 em- icy that serves the national interest. new bureaucratic boards, agencies, and ployees who are working 40 hours? We do not work for those donors and programs, the Federal Government That would be 400 hours. If you divided special interests. So the national inter- still cannot figure out how to make the that by 30 and find out that you are est is to reduce unemployment, cer- law work and has had to delay it, in paying 10 people, but you actually have tainly, and to create rising wages. That part. 131⁄3 employees at the full-time require- is our responsibility in this body. Let’s What I have seen to date is enough to ment, that could put you over the 50 get on with it. convince me that we need a different and put you into a whole different cat- I want to say how great it is to see path. I opposed the health care law ini- egory of costs and penalties. my friend Senator ENZI. I am taking up tially and I support full repeal of the If you have 10 employees and you his time. I hope I have not kept him law. Fixing our health care system watched it so that there are only 29 too late. He works late anyway. But he does not have to be divisive or par- hours, that comes to 290 hours. If you has been a great principled supporter of tisan. There are clear differences in the divided that by 30, you would find out immigration reform and is opposed to approach to fixing health care from all that even though none of these people the bill that came before us. I thank across the political ideological spec- are full-time employees, you have 92⁄3 the Senator for his work on so many of trum. However, the least we have to do full-time employees. You can see how these issues but immigration reform is is to dismantle the worst parts of the they could do a little miscalculation, on my mind today. It is great to see law and replace them with reforms suddenly be at the 50, and be into a the Senator. that actually work, reforms that lower whole new series of penalties.

VerDate Mar 15 2010 07:22 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.113 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6178 CONGRESSIONAL RECORD — SENATE August 1, 2013 The Obama administration also had anyone where they can buy their insur- shift that cost over to the States. The to admit recently that the employer ance, what plan options will be avail- States are already doing it, and they mandate, one of the key pieces of the able, and, most importantly, what the are doing the right thing. Now they are law, isn’t ready. costs will be. going to be asked to pick up the addi- One of the most economically crush- Remember what NANCY PELOSI said tional costs. How many parts of ing and burdensome regulations will before they passed the law? They will ObamaCare are going to get shifted not be implemented until past 2014, have to pass the bill before we get to over to the States? The States have past the 2014 election in 2015. I don’t know what is in it. The administration had a lot of promises. Can any of those think that was a mistake on their part. is shopping its own version of that promises be met? Will they be met? A I think it was intentional—to come statement. lot of decisions are being based on what after the election. As the Senate Finance Committee the Federal Government promised. There is another little complication chairman put it recently: this law is a Of course, in truth, we are out of that gets thrown in here though. If train wreck waiting to happen. That is money. The new law also tried to ad- those employers are not providing the the Democratic Senate Finance Com- dress the problem of rising health care health insurance and not being fined mittee chairman. costs. I believe the Federal fiscal situa- for not providing the health insurance, Of course, on top of all of this, the tion is untenable, and we need to im- then the people who work for them law relies in part on new taxes and tax plement significant and far-reaching have to go on the exchange to get their subsidies to support the coverage ex- spending cuts to get our fiscal house in health insurance. If they go on the expansion. order. We cannot continue on our cur- This means the IRS will be involved change to get their health insurance, rent path. they can’t be subsidized by the busi- in implementation. I have significant The President and his administration nesses they worked for. That is going concerns with the ability of the IRS, will argue that the new law will expand particularly in the wake of the current to be a surprise to a lot of employees access and lower costs. While the law scandal. The fact that this organiza- too. certainly increases access to insurance, tion, the IRS—tainted by such political The delay will force more people to it also moved billions of dollars from behavior—is involved in implementing enroll in health care exchanges or face the Medicare Program to pay for this the new health care law has increased the tax penalty if they don’t. A lot of new insurance program. That is not ex- my belief that the health care law is people don’t realize if they do go on the actly saving the government money. not something the country wants or exchange, there is also a surcharge on The projections for lower costs also needs. Of course, the IRS employees the cost of their health insurance. don’t add up for the average American don’t want to come under this law ei- They are going to be paying a 3.5 per- either. Insurance premiums and rates ther. I don’t know of anybody who real- cent tax for buying the insurance. Of are increasing. Small businesses are ly wants to come under it. course, if they don’t buy the insurance, I will take a close look at proposals unable to continue to provide health then they get a penalty. to remove the IRS from any implemen- insurance for their workers. The delay was also made for the busi- tation activities, but I do think they Businesses in general have delayed nesses without congressional approval, should be subject to the law too. At the hiring or are only hiring people part done administratively. The Congres- same time, I will continue to work to time—although I hope they listen to sional Budget Office and the Joint provide folks with relief from the the part that I gave about the little Committee on Taxation informed Sen- health care law as a whole. part-time catch that is built into the ator HATCH this week that this delay One of the things they have said if law. will increase the cost of the new insur- you are going on the exchange is, if All of these decisions are directly ance program established by law by $12 you are in certain income categories, driven by the economic impact of the billion. It is not as if we had an extra then you get a subsidy from the gov- health care law. My Senate Republican $12 billion laying around here. ernment to help you purchase your in- colleagues and I are focused on devel- In particular, the Congressional surance. We are told now that will be oping proposals that address the worst Budget Office and the Joint Committee self-reporting and will not be subject to aspects of the health care law. The law on Taxation estimated that the Fed- audit. Doesn’t that sound like some- increases premiums and health care eral Government will be required to thing that could be fraught with a lot costs, forces employers to stop offering pay an additional $3 billion in subsidies of fraud, where you say you just make insurance to their employees, and for people on the exchanges. A lot of enough to get into the biggest sub- slashes benefits for millions of Medi- extra costs were just kicked in there. sidies? Everybody wouldn’t do that, of care beneficiaries. This delay not only increases the costs course, but I think there are some who I support repealing both the cap on on hard-working Americans, but it would. health savings accounts, flexible spend- fails the original intent of health care How is the government doing on ing accounts, and the prohibition on reform, and that is to provide Ameri- some of the things that they already over-the-counter purchases included in cans with high quality, affordable put into effect? I saw a little article on the health care law. health care. high-risk pools. When the bill went in, Flexible spending accounts help In addition, the law requires the ad- a lot of the States already had high- make consumers more aware and en- ministration to set up health insurance risk pools, and we worked with States gage in their health care spending. exchanges in a number of States, in- to make those viable, but the Federal Health savings accounts are some- cluding Wyoming. We are sparsely pop- Government said we could do it for thing that young, healthy staffers of ulated, low numbers. The numbers less. They put in a high-risk pool. the Senate like to do. They can do the wouldn’t work out to do our own ex- To keep people from jumping from math real easy. They can look at the change. the State ones, which, yes, are more regular program and see how much One problem is the administration expensive, over into the Federal one, that would cost or they could take a has yet to tell anyone exactly how which is less expensive, they said you look at health savings accounts. The they are going to do those exchanges or couldn’t make the jump unless you difference in the price, in only 3 years what even a basic plan is. If you are were without insurance for 6 months. they could cover the whole deductible going to have a range of plans that in- People who are in the high-risk pool part as long as they were healthy for 3 surance companies can bid on, that you can’t afford to be without insurance for years. They would be covered for that can look up on the computer, doesn’t it 6 months. part until something major happened— seem, before you can even start, that There wasn’t a big jump to the high- and they were covered for cata- you would have to know what the basic risk pool. But in spite of the fact that strophic—so they found that to be a plan is? there wasn’t a jump to the high-risk real bargain. But not anymore. How the President can argue that ev- pool, the Federal high-risk pool went Additionally, a number of other Sen- eryone will love the health care law broke. It ran out of money. ators and I have put forward bills to re- once it goes into effect is beyond me. Here is the disturbing part of that ar- peal the taxes imposed by the Presi- This administration can’t even tell ticle. They said, well, they would just dent’s health care law. That would be

VerDate Mar 15 2010 07:25 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.115 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6179 relief from new taxes on prescription York City hospitals. In addition, we No party has all the good ideas. By drugs, relief from new taxes on medical need to think more creatively about working together, the end result devices, and relief from new taxes on how to use technology services, to im- should be something that not only health insurance plans. I wish to pro- prove telemedicine capabilities, par- works but moves the country forward vide relief to employers from new regu- ticularly for the rural areas so that in a responsible way. lations imposed on them by the law. where a person lives has less impact on We still need health care reform, but These ideas preserve competition in a the level of care they are able to re- it has to be the right way, with strong private market for health care cov- ceive. bipartisan support on individual health erage and lower the cost of care for the The advancement of more powerful, care issues. What happened to indi- consumer. All of these steps are com- wireless technologies has substantial vidual choice on a policy? What hap- monsense reforms to the health care potential to remotely link individuals pened to liability reform? What about law that take us off the path toward a across the country to deliver health the sale of insurance across State lines national, Federal health care system. care in more accessible settings. Our or pooling through an association so One of the most effective ways Con- Nation has made great strides in im- they have leverage against the insur- gress can address the rising costs of proving the quality of life for all Amer- ance companies? What happened to health care is to focus on the way it is icans. We need to remember that every adequate compensation for providers? delivered as part of the Nation’s cur- major legislative initiative that has All of these have been left out. Pro- rent cost-driven and ineffective patient helped transform our country has been viding Americans with access to afford- care system. America’s broken fee-for- forged in the spirit of cooperation. able health care at a high quality is service structure is driving our Na- These qualities are essential to the something Republicans and Democrats tion’s health care system further down- success and longevity of crucial pro- should be able to agree upon. The challenges of the American ward. grams such as Medicare and Medicaid. Today’s method of payment encour- When it comes to health care deci- health care system are not going away. ages providers to see as many patients sions being made in Washington lately, If we improve health care in a practical and prescribe as many treatments as the only thing the government is doing instead of a political way, we can make its better. Good policy is good politics. possible, but it does nothing to reward well is increasing partisanship and leg- Why do I have some hope this is going providers who keep patients healthy. islative gridlock. The President and to happen? Congress is more interested Maligned incentives created by the fee- Democrats need to listen. It is time to now than they have ever been, and the for-service system drive up costs and admit that this partisan experiment in reason is there was a Republican—yes, hurt patient care. government-run health care is failing. there was one Republican provision in Tackling this issue is a good start to In order for this to get better, they the bill that forced Congress to go into reining in rising health care costs. The must acknowledge the problem. Some the exchanges too. We and our staffs health care law championed by Presi- of the law’s authors and biggest sup- have to live under the law we passed. dent Obama and the majority party in porters admit this law is a mess, and it That is how it should be. But the result the Senate did little to address these will only get worse. is hitting everyone in their offices problems because the vast majority of However, those in the Democratic right now. Every Senator and every the legislation involved a massive ex- leadership continue to support flawed Representative is looking at what may pansion of the government price con- health care laws out of pride, politics, happen to their staff on January 1, and trols found in the fee-for-service Medi- or a belief that the government knows their staffs are concerned. It has best. It makes no sense to stubbornly care and Medicaid Programs. changed the tenor of some of the hear- If we wish to address the threat posed cling to a law that is so massive, bur- ings we are having. It is pretty hard- by out-of-control entitlement spend- densome, bureaucratic, and confusing hitting on both sides. So with that, I do ing, we need to restructure Medicare to that it is collapsing under its own have hope. better align incentives for providers weight. Madam President, I yield the floor. and beneficiaries. This will not only By focusing on positive changes, Con- The PRESIDING OFFICER. The Sen- lower health care costs, it will also im- gress can give the failed law’s pro- ator from Delaware. prove the quality of care for millions of ponents a way out. The key is finding POSTAL SERVICE REFORM Americans. It is very important that common ground. More often than not, Mr. CARPER. Madam President, we protect access to rural health care the country hears about what divides most of our colleagues have finished, a services too. Congress instead of what unifies us. We lot of them packed up and are heading There is more that can be done to could come together and focus on com- back to their home States to begin the better align Federal programs to meet monsense solutions with the kinds of August recess. I wish them all well, es- the needs of rural and frontier States. step-by-step reforms that would pro- pecially the one who just preceded me The criteria that determine eligibility tect Americans. I believe Members of on the floor tonight. for Federal funds to support rural Congress on both sides of the aisle can I stand between the staff here and health care programs are based on fac- agree on 80 percent of an issue 100 per- the pages who are wrapping up their tors that make it difficult to prove the cent of the time. summer with us—at least a month with needs of the underserved, rural, and I want to be clear that this isn’t com- us. They will be heading back to their frontier areas. promise. When you compromise, each home States across America. We had For example, one provider for 3,500 side gives up something they believe one of our pages—a page, actually, in people in New York City is entirely dif- in, and in the end they get something the last group, at the beginning of the ferent than the 3,500 people living in no one believes in. I am about agreeing summer—from Delaware, and we are Fremont, Campbell County or, perhaps on common ground without com- very proud of her and all the ones who more so, Niobrara County. I use promise, without sacrificing each par- have been here. I have told them they Niobrara County quite a bit, for exam- ty’s principles, by leaving out parts of are among the best group we have ever ple, because Niobrara County is the the issue to look for a solution later. had—even that guy from Arkansas, size of Delaware and has 2,500 people Congress also needs to stop deal- whose mom used to sit right down here living in it. It is 90 miles tall, 75 miles making and start legislating. We need in the row next to MARK PRYOR and wide, and near the bottom of the center to stop developing comprehensive bills me. is a town called Lusk. This is where al- and then marketing them as the only I thank the staff for their hard work most all of the people live. They do option. To me, comprehensive means throughout the course of this year. I have a hospital there. incomprehensible. The larger a bill is, think we are in a good place, and the When they have a doctor or a physi- the harder it is to agree. And, of Senate is starting to act more like the cian’s assistant, the hospital is open. course, you can tuck some things in Senate of old. We are beginning to gov- When they do not, they are 104 miles there that people never see. This is es- ern a little more from the center, and from a trauma center. pecially true when we pass a bill that Democrats and Republicans are look- You can’t apply the same rules to no one has fully read and then after- ing to find new ways to work together that hospital that you apply to New wards we find out what is in it. on a wide range of issues.

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.116 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6180 CONGRESSIONAL RECORD — SENATE August 1, 2013 I am especially pleased with the we get, we receive roughly 10 or 12 e- this. There is a lot in the legislation progress we made on the Federal stu- mails. So the way we communicate in that will help make that possible. dent loan program, again trying to this country has changed, and that is We have not written a perfect bill. make sure the program is available and just one clear example of it for us here The ones I have ever written or coau- at a reasonable interest rate cost to on Capitol Hill. thored or authored, believe it or not, help make sure a lot of students, young The Postal Service has struggled are not perfect. We do our best, and and old, if they need help, can sign up much like the U.S. auto industry did in then we introduce the legislation and for student loans late this summer and the last decade or two to try to make ask other people who have similar or fall and then go back to school and a go of it. The auto industry found different views to tell us what they complete their education. themselves in a situation where they like about our legislation and what Senator ENZI used the numbers 80–20. had more plants than they needed, they do not like. In the time I have known him, he has more suppliers than they needed, they In introducing this legislation, we talked about the 80–20 rule, of which he had really in some ways more different would invite folks from around the may be the architect. The 80–20 rule is models than they needed, and they had, country, whether they happen to be something like this: Around here, we sadly, more employees than they need- residents, consumers, people living in agree on about 80 percent of the stuff ed given their market share, which was homes, families who rely on the mail, and may disagree on about 20 percent about 85 percent when I was in South- whether they happen to be businesses of the stuff. But in the end, why don’t east Asia, and it dropped to about 45 that use the mail broadly or whether we just focus on the 80 percent we percent 3 or 4 years ago. Fortunately, they happen to be folks who send out agree on and set aside the 20 percent the auto industry in this country has magazines or catalogs or other non- we don’t agree on and then take that revived, is vibrant, and is coming back. profit groups or other folks who work up another day? They are hiring and building cars— for the Postal Service, the employees, That is the spirit Senator TOM award-winning, highly energy efficient those who are retired, the customers of COBURN, who is the ranking Republican cars. the Postal Service—we welcome their on the Senate Homeland Security and The auto industry was an industry input as they have a chance to look Governmental Affairs Committee, and that had to retool itself and right size over what we have written. We ask I have taken to an issue that needs to itself for the 21st century, and they them to see if they can help us make it be addressed, and that is a path for- have done that and done it well. The better. ward in making sure we have a strong big three in the United States are back Over in the House of Representatives, postal system in this country, as we and building some of the best cars in Congressmen ISSA and CUMMINGS have have had for over 200 years. We need to the world. We are proud of the work been working, along with their col- have a strong, vibrant, financially they do, and they are not only hiring leagues, on legislation. It has been re- strong, and sustainable postal system people but are paying bonuses to their ported out of committee over there, I for a long time, for as long as we are people, and it has turned out to be a think on a party-line vote. going to be a country. really great success story. These were One of the things that was important The nature of our needs and the way companies that were literally going to me was to write a bipartisan bill. we communicate has changed dramati- into bankruptcy—GM, Chrysler—not Dr. COBURN wanted us to write a bipar- cally. I remember finding in my par- that many years ago. They are back, tisan bill. Neither one of us got every- ents’ home, oh gosh, about 5 or 6 years and we are a better country. Thank thing we wanted. The nature of com- ago, when, after my dad had died, my God we helped them get back. And promise is there are some things that, mom was going to move out of her Ford builds great vehicles. frankly, you are not all that enamored home in Florida up close to my sister What do we do about the Postal Serv- with, and that is the case here. Our in Kentucky, this treasure trove of ice? The Postal Service has about 7 pledge going forward is to continue to love letters my parents exchanged dur- million people working for it or who work together, to ask Democrats and ing World War II. For others of you have jobs that are related or are con- Republicans to help us improve on this whose parents have been in similar sit- nected directly or indirectly to the legislation. uations and whose folks were part of Postal Service—7 million jobs. What do The challenge for us is this: In a dig- the ‘‘greatest generation,’’ you may we do about them? ital age where people use Skype and have uncovered a treasure trove of let- I think what we need to do and are Internet and Twitter and all, how do ters like that as well. They wrote lit- trying to do is contained in the legisla- we enable the Postal Service to use erally every day—just about every day tion Dr. COBURN and I are introducing what is truly unique—and it is a unique through the war. tonight, which we have worked on for company, if you will; it is a public-pri- I remember that the happiest days I the last 6 months. I really thank him vate company, although a big com- spent in Southeast Asia, in the several and his staff, especially Chris Barkley, pany, the second largest employer in tours I served there in the early 1970s, who is here on the floor with us, who the country, and it is a business that the happiest days for us each week has worked very closely and hard with goes to every mailbox in this country 5 were the days we got the mail. Those John Kilvington, who is a member of to 6 days a week—to make a profit, to were the best days—letters from home, the majority staff at the Homeland Se- be financially sustainable, and to meet cards, postcards, newspapers, maga- curity and Governmental Affairs Com- our communication needs without a zines. Those were great days. mittee. huge ongoing reliance from the tax- Our troops in Afghanistan still get We want to thank a lot of people, payer, from the Treasury, to do that? I mail. They still get letters and post- Democratic and Republican staff, ma- think they can do it. I think they can cards and birthday cards, Father’s Day jority and minority staff, for the ter- do it. I think the legislation we have and Mother’s Day cards, but it is dif- rific work they have done to try to find written will help make that possible. ferent because they have Skype and the middle, to focus on that 80 percent I want to say a special thanks to a cell phones and a lot of other ways to we can agree on, and the 20 percent we number of folks. I want to thank the communicate. can’t agree on, we will put off until an- Postal Service, led by Pat Donahoe, I asked my staff recently to go back other day. the Postmaster General; the Board of 12 years ago to when I first came here The legislation we have written, put Governors there, which is part of the and tell me how many e-mails we got simply, addresses how we make pos- Postal Service: the folks who represent for every letter we sent—tell me how sible and ensure that this Postal Serv- hundreds of thousands of postal work- many e-mails we got for every letter ice—which was literally spelled out and ers through the union; the businesses we sent and received. It turns out for called for in our Constitution all those across the country that use and rely on every 1 e-mail we received, we received years ago—is still relevant today; that the Postal Service; and a lot of cus- 10 or 12 letters. That was just like 10 or it is able to be financially viable today tomers—regular people who have given 12 years ago. Then I asked them to tell and help meet our communication us their ideas and shared their ideas me what it is today, and it has flipped. needs today in a different age, in a dig- with us from towns large and small, It is just the opposite. For every letter ital age. They can do this. They can do cities and States large and small. We

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.118 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6181 look forward to their input and their UNANIMOUS CONSENT giant card companies, Visa and criticism—constructive, we hope—to AGREEMENT—S.1392 MasterCard, to set fees for all of them. make this legislation even better. Mr. REID. Madam President, I ask That way each bank could get the same I would again say to our staffs who unanimous consent that at 11 a.m. on high fee on a card transaction without worked so hard to get us to this point Tuesday, September, 10, 2013, the mo- having to worry about competition. a very special thank you. tion to proceed to S. 1392 be agreed to Swipe fees have no transparency. To our colleagues on both sides of the and the Senate proceed to consider- Most customers and most merchants aisle, we look forward to working with ation of the legislation. have no idea what kind of swipe fee is you to make what we think is a good The PRESIDING OFFICER. Is there being charged when they use a debit or bill even better. I like to say that ev- objection? credit card. erything I do, I know I can do better. If Without objection, it is so ordered. The swipe fee system became an it isn’t perfect, make it better. And my enormous money-maker for Visa, last thought on this is that the road to f MasterCard and the banks. They were improvement is always under construc- MORNING BUSINESS collecting an estimated $16 billion in debit swipe fees and $30 billion in credit tion. Mr. REID. Madam President, I ask fees each year. So we have some more work to do, unanimous consent that the Senate Those billions are paid by every mer- and we will take what is a good bipar- proceed to a period of morning busi- chant, charity, school, and government tisan bill and hopefully make it a lot ness, with Senators allowed to speak agency that accepts payment by card— better. therein for up to 10 minutes each. and the costs are passed on to Amer- Madam President, with that, I will The PRESIDING OFFICER. Without ican consumers in the form of higher say good night to you. I look forward objection, it is so ordered. to seeing you in about 5 or 6 weeks. My prices. best to you and the people you so ably f By 2010, the U.S. swipe fee system represent in New Hampshire. God bless. INTERCHANGE FEE RULEMAKING was growing out of control with no end With that, I suggest the absence of a in sight. U.S. swipe fee rates had be- Mr. DURBIN. Madam President, I quorum. come the highest in the world—far ex- rise to speak about a Federal court rul- The PRESIDING OFFICER. The ceeding the actual costs of conducting ing handed down yesterday that rep- clerk will call the roll. a debit or credit transaction. resents a tremendous victory for con- The legislative clerk proceeded to There were no market forces serving sumers and Main Street businesses call the roll. to keep fees at a reasonable level. across America. Mr. REID. Madam President, I ask There was no competition and no This ruling has to do with debit card unanimous consent that the order for choice. Merchants and their customers swipe fees. Yesterday, a Federal judge the quorum call be rescinded. were being forced to subsidize billions in D.C. called for the Federal Reserve The PRESIDING OFFICER. Without in windfall fees to the big banks. to lower the approximately 24 cent cap objection, it is so ordered. I knew we had to change this situa- it set on debit swipe fees to a level that tion. f more closely reflects the actual cost of This is an issue of fundamental im- a debit transaction. portance to our economy. Our nation is THANKING STAFF This decision is a major win for Main moving from a currency based on paper Mr. REID. Madam President, I appre- Street merchants and their customers. cash and checks to a system where ciate the Presiding Officer’s patience It was urgently needed, because this American dollars are mostly exchanged in waiting for us to wrap up things. decision corrects flaws in the Fed’s through electronic transactions. Let me say a word very quickly rulemaking that had allowed Visa and We cannot allow Visa, MasterCard about the staff. I wish everyone a good MasterCard to triple the swipe fees and the big banks to dominate the elec- August. It has been an extremely dif- they impose on many coffeeshops, con- tronic payments system and use it to ficult first 7 months of this congres- venience stores, restaurants and other enrich themselves at consumers’ ex- sional period. We got a lot done, and I merchants. pense. Remember, this is America’s appreciate very much all the hard work I had filed an amicus brief in this currency we are talking about. We of everyone. court case, since the case involved a have to ensure transparency, competi- I have said before, but not recently, rulemaking based on a law that I had tion and fairness when it comes to elec- that we get a lot of things done around authored. I am very pleased that the tronic payments involving U.S. dollars. here—not nearly as much as we court ruled the way it did, and I will So I stepped in and introduced an should—but it is the result of all the take a minute to explain why. amendment to the 2010 Wall Street Re- work that is done by those here and the For years, I have been sounding the form bill that for the first time placed scores of other people we don’t see that alarm about swipe fees, also known as reasonable regulation over debit swipe are back there doing all kinds of things interchange fees. fees. to make this place work, all the com- The swipe fee is a hidden fee that is My amendment said that if the Na- mittee staff, the police officers but es- charged on every debit or credit card tion’s biggest banks are going to let pecially the floor staff. transaction. It is a fee that a merchant Visa and MasterCard fix swipe fee rates As we talked earlier today about has to pay to a bank when the mer- for them, then the rates must be rea- some departures we have here, one of chant accepts a credit or debit card sonable and proportional to the cost of the good things we have is that in all that the bank issued. The fee is taken processing a transaction. No more un- the time I have been here, as far I am as a cut out of the transaction amount. reasonably high debit swipe fees for big aware—there could have been in- These swipe fees are harmful to con- banks. stances, but I am unaware of any, sumers and to our economy. They are My amendment passed the Senate where there was bitterness expressed hidden, they are anti-competitive, and with 64 votes and it was signed into law publicly and, as far as I know, pri- they end up raising the price of every- with the rest of Wall Street reform. vately between each other. I haven’t thing we buy at retail. The swipe fee reform law that I wrote seen that. I appreciate very much the It is important to understand how directed the Federal Reserve to issue good work we do for the Senate. The these fees work. regulations to bring down debit swipe staff is not partisan in the work for The vast majority of bank fees are fee rates. their bosses that they try to get done, set in a transparent and competitive In December 2010, the Fed issued a and we can only do that through them. market environment, with each bank proposed rulemaking that called for I am so grateful for all they do for setting its own fee rate and competing debit swipe fees to be capped at 7 to 12 the Senate leadership, all the Senators, over them. But that is not the case cents per transaction. and the country. Words are not ade- with swipe fees. This was a significant reduction from quate for me to express that, but I With swipe fees, the big banks de- what had been a 44 cent average debit truly do appreciate all they do. cided they would designate the two swipe fee, though it still allowed banks

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.119 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6182 CONGRESSIONAL RECORD — SENATE August 1, 2013 to easily cover their debit transaction priately inflating all debit card trans- law took effect. Why? Because under costs, which the Fed pegged at just a action fees by billions of dollars.’’ my amendment, small banks and credit few cents. The court also pointed out the prob- unions can continue to receive the However, after the Fed issued the lem with Visa and MasterCard’s swipe same high interchange rates from Visa draft rule, the big banks and card net- fee increases on small dollar trans- and MasterCard they got before far work giants turned their lobbyists actions. The Court said: higher than the rates that their big loose on them. It was a lobbying stam- By including in the interchange fee stand- bank competitors now receive. pede. ard costs that are expressly prohibited by Also, the big banks argued that they They pressured the Fed to raise the the statute, the final regulation represents a would have to jack up fees on con- debit swipe fee cap to a level far higher significant price increase over pre-Durbin sumers to make up for the lost revenue Amendment rates for small-ticket debit than 12 cents, because they claimed transactions under the $12 threshold. Con- from swipe fees. that there were all sorts of additional gress did not empower the Board to make But we haven’t seen that happen ei- costs that the Fed forgot to include in policy judgments that would result in sig- ther, because there is transparency and its analysis. nificantly higher interchange rates. competition when it comes to bank The Fed gave in, and in June 2011 The court concluded that the Fed fees on consumers. In fact, we’ve got- issued a final rule that raised the cap must rewrite its regulation to lower ten more transparency on these fees in level to about 24 cents—much higher the debit fee cap and to halt Visa and the past few years as many banks have than the actual cost of a debit trans- MasterCard’s fee increases on mer- adopted a fee disclosure form developed action. chants for small dollar transactions. by the Pew Charitable Trusts that I Predictably, Visa, MasterCard and Now, this process of rewriting the have strongly supported. the big banks took advantage of this regulations will take some time, and I As the banks’ other scare tactics watered-down regulation that they had suspect there may be more litigation have faded away, they have resorted to lobbied for. Visa and MasterCard before this issue is over. arguing that the problem with swipe promptly jacked up any swipe fee rates But this court ruling marks a tre- reform is that merchants haven’t that were below 24 cents so that this 24 mendous win for Main Street mer- passed along enough swipe fee savings cent ceiling became a floor. chants and their customers who de- to consumers. With Visa and MasterCard’s rate in- serve the swipe fee relief that the law This was a pretty hypocritical argu- creases, stores that mainly handle provided for. ment for them to make, because they small dollar purchases like coffeeshops, Fortunately for the Fed, there are knew that Visa and MasterCard had convenience stores, and fast food res- some clear roadmaps for how it can fix raised many swipe fee rates after re- taurants are now paying far more in its regulation. I pointed out in my ami- form took effect—a direct result of the swipe fees than they did before. cus brief that the Fed’s initial rule- higher cap that they had lobbied for. These merchants used to be charged making, with its 7 to 12 cent cap, came But even though many merchants debit fees that were a percentage of the far closer to reflecting the actual costs have suffered under those swipe fee in- purchase amount, and now they are that Congress instructed the Fed to creases, we have still seen aggressive charged around 24 cents no matter how look at. price competition and discounting by small the purchase. Their customers The Fed should look again to its ini- retailers since swipe fee reform took ultimately pay the price. tial rulemaking as it works to rewrite effect. Consumers have benefitted from This was not a flaw in the law, which its final rule. this price competition, and they will And just last week, the European required a ‘‘reasonable and propor- benefit even more from this court rul- Commission announced that it would tional’’ fee. Instead, it showed the dan- ing. seek to cap debit swipe fee rates ger of watering down the regulations In closing, I note that yesterday’s throughout the European Union at 0.2 that implement these laws. The banks court decision marks another impor- and card companies lobbied the Fed for percent of the transaction. Given that the average debit trans- tant step in the effort to make sure the a loophole and when they got one, they action is about $38, that works out to electronic payments system is reason- ran through it. an average cap of about 7 cents- right able and fair for American consumers After the Fed issued its final rule and where the Fed was in its initial rule. and businesses. Our work is not over Visa and MasterCard promptly raised Congressman PETER WELCH and I yet, but we are making great progress. their swipe fee rates to the cap level sent a letter last week urging the Fed I want to thank my colleagues and wherever they could, a coalition of to closely review the European Com- all the consumers, merchants and ad- merchants led by the convenience mission’s debit fee cap and to incor- vocates across America who have stores filed a lawsuit in federal court. porate it in the Fed’s debit fee regula- joined me in this effort. This marks a They argued that the Fed failed to tion. I believe the Fed will find the big win for Main Street over Wall follow the law in issuing its final regu- Commission’s analysis and conclusions Street, and it wouldn’t have been pos- lation. They urged the court to order to be very helpful in rewriting its final sible without this excellent coalition. the Fed to rewrite its regulation in rule. f compliance with the statute. As we move forward on the path of TRIBUTE TO GLENN POSHARD I filed an amicus brief in this case in reasonable swipe fee reform, I should support of the merchants’ position. In note that Visa, MasterCard and the Mr. DURBIN. Madam President, I my brief, I pointed out that when the banking industry are probably not too would like to thank Dr. Glenn Poshard Fed doubled its swipe fee cap between pleased with this court decision. for all he has done for Southern Illinois the initial rulemaking and the final I suspect they will be up here on Cap- University and for his 40 years of pub- rulemaking, the Fed cited the need to itol Hill very soon, screaming bloody lic service to Illinois. cover certain costs that the statute ex- murder and arguing that this court de- After more than 7 years as president plicitly prohibited the Fed from includ- cision means the end of the world. of Southern Illinois University, Dr. ing. I just want to point out that the Poshard will be retiring next year. The bottom line, I argued, was that banks and card companies have been Under Dr. Poshard’s leadership, South- the Fed came far closer to following spreading myths and using scare tac- ern Illinois University has been able to the statute in its draft rulemaking tics about swipe fee reform for years. keep tuition costs low and the univer- than after it had bent toward the banks None of them have come true. sity’s finances sound, despite the finan- in its final rulemaking. They argued that swipe fee reform cial problems that have plagued the The court agreed, and yesterday it would devastate small banks. Yet sepa- State. ordered the Fed to rewrite its rules in rate studies by the Fed, GAO and the Throughout his career, Dr. Poshard compliance with what the law provides. FTC have all found that the exemption worked for the people of southern Illi- Here’s a key quote from the court’s I wrote in the law for small banks has nois. He was born in Herald, IL, and opinion: ‘‘The court concludes that the worked as intended. graduated from Carmi Township High Board has clearly disregarded As it turns out, small banks and School. He left Illinois to serve his Congress’s statutory intent by inappro- credit unions have thrived since this country in the U.S. Army in Korea,

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.069 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6183 where he received a commendation for thrown in jail for having the temerity A few weeks ago, hundreds of pro- outstanding service. to run against his country’s testers were detained by Russian Inte- Following his military service, Dr. strongman, President Lukashenko. rior Ministry personnel when pro- Poshard returned to Illinois and used Many of my colleagues here have testing Navalny’s dubious conviction— the G.I. bill to earn a bachelor’s degree helped with these efforts, including 11 a fate met by scores of nonviolent pro- in secondary education, a master’s de- other Senators who recently joined in a testers in recent years; gree in health education, and a Ph.D. letter to Uzbek President Karimov ask- As of March of this year, the Russian in higher education administration. He ing for the release of activist Akzam Federal Security Service accompanied received all three degrees from South- Turgunov and journalists Dilmurod by tax enforcement and other govern- ern Illinois University at Carbondale. Saidov and Salijon Abdurakhmanov. ment personnel has raided thousands of Appointed to the Illinois State Sen- Others have also championed the NGOs across Russia, seizing documents ate in 1984, Dr. Poshard held the seat cause of political freedom around the and interrogating staff—all in an or- until the people of the 22nd Congres- world, including Senators MCCAIN and chestrated intimidation campaign; sional District sent him to the U.S. CARDIN, who have been leaders in try- Opposition leader Boris Nemtsov has House of Representatives in 1989. Dur- ing to hold our Russian friends to a been arrested multiple times for peace- ing his 10 years in Congress, Dr. higher standard of political and human fully protesting government policies; Poshard was a strong proponent of rights freedom. Deputy editor-in-chief of Russian campaign finance reform. When he ran In fact, Senator CARDIN was tireless newspaper Novaya Gazeta Sergei for Governor in 1998, he limited indi- in his effort to pass the Magnitsky Sokolov fled Russia after the chief fed- vidual donations to his campaign and law—a law that I supported—that tried eral investigator took him into the for- refused to accept contributions from to bring about some measure of ac- est and threatened to decapitate him; political action committees. countability regarding the death of Doctor of Political Sciences at Kuban Following his tenure in Congress, Dr. Russian lawyer Sergei Magnitsky, who State University Mikhail Savva, who Poshard and his wife Jo founded the was jailed after exposing official cor- was a member of the that region’s Pub- Poshard Foundation for Abused Chil- ruption and later died from mistreat- lic Oversight Committee and an out- dren. For the last 14 years, the Poshard ment while in custody. spoken voice against corruption was Foundation has helped children who I have also watched with great dis- arrested in April and has been held have been victims of abuse, abandon- may the deterioration of democracy without bail on flimsy charges; ment, or neglect in southern Illinois. and human rights in Russia. Leader of For Human Rights, Lev After a 40-year affiliation with the A few years ago I had the chance to Ponomaryov, a prominent human university, Dr. Poshard is leaving his speak to the Lithuanian Parliament on rights advocacy group in Moscow, was beloved SIU in good shape. At SIU, Dr. that country’s—the country of my kicked and beaten during a forceful Poshard has been a student, a student mother’s birth—20th anniversary of eviction of his organization from their worker, a civil service worker, an ad- independence from the Soviet Union. headquarters. The assault was carried junct professor, vice chancellor for ad- One of the other speakers on that out by men dressed in civilian clothing, ministration, and now as he retires— memorable occasion was Russian dem- but was observed by riot police officers; the second longest serving president in ocrat small ‘‘d’’ democrat—Yuriy Lastly—and very symbolic of the the history of the Southern Illinois Afanasyev. hundreds arrested at recent protests— University system, an experience he Many probably did not realize or human rights activist Nikolay calls ‘‘the greatest honor of my life.’’ have forgotten that during those heady Kavkazsky was arrested last year at I congratulate Glenn on his distin- days in the early 1990s a number of his home for allegedly hitting a police- guished career and thank him for dedi- countries—such as Lithuania—were man during a protest although an inde- cating his life to public service. I wish early in declaring independence and, as pendent investigation implies he was in him and his family all the best. a result, helped change history in East- fact dodging blows from a policeman. f ern Europe. Let me take a moment to pause and And who helped support many such mention an extraordinary story and POLITICAL PRISONERS AND PO- efforts? photo from the Washington Post of LITICAL REPRESSION IN RUSSIA Russian democrats in the streets of Russian schoolteacher Marina Mr. DURBIN. Mr. President, over the Moscow—the same ones who were also Rozumovskaya, standing alone in front years I have come to the floor to raise instrumental in bringing a transition of Moscow City Hall in the freezing the plight of political prisoners being to democracy in their own country. Russian winter in January of 2011. held around the globe. These have in- Afanasyev was just such a Russian. In the photo she is holding an 8 by 11 cluded journalists, activists, bloggers, He helped lead large public protests in inch sign that said ‘‘Freedom to polit- musicians, and opposition candidates Moscow during the January 1991 crack- ical prisoners’’ in response to the ar- who all had the misfortune of landing down against Lithuania’s independence rest and jailing of a prominent opposi- in an autocrat’s jail for exercising or movement. tion leader who had criticized the Rus- advocating for basic freedoms that That is why I find myself so saddened sian government. most of the world takes for granted. by what is happening in Russia today— Watching and waiting for her to Many of these cases are ones that the systematic state-sponsored harass- break the law across the street in the have received little attention or are ment and dismantling of those Russian 10 degree weather were a dozen or so not in the world’s media spotlight, in- citizens and organizations that are still Russian police officers. cluding: Gambian journalist Ebrima hoping for a democratic and free Rus- This brave schoolteacher told the Manneh, who has been held incommu- sia so many years later. Washington Post, ‘‘If you don’t exer- nicado since 2006 and probably has died Just 2 weeks ago, the Russian gov- cise your rights as a citizen, nothing in detention; Vietnamese blogger Dieu ernment tried and convicted popular will ever change.’’ Cay, who was jailed for 12 years for opposition leader and candidate for The Russian government has also anti-state propaganda and is in poor mayor of Moscow Alesksei Navalny on used almost paranoid legislation to re- health due to a hunger strike amid his charges that had already been thrown strict Russian human rights and elec- president’s recent visit to Washington; out as baseless after a local investigation monitoring organizations from Saudi blogger Hamza Kashgari, who tion. doing their work. was grabbed off a plane in Malaysia If his conviction is upheld, he will be For example, in March of 2013, Rus- while fleeing for his safety and re- banned from public office for life. sian officials raided the offices of hun- turned to Saudi Arabia to face charges Navalny’s case is just one of a long dreds of non-governmental organiza- of blasphemy; Turkmen political dis- list of politically motivated charges tions, including Amnesty Inter- sident and human rights activist and actions in recent years used to national. Gulgeldy Annaniyazov, who has been in squash any criticism of the Russian Equally troubling, Russia’s largest jail since 2008; and Belarusian opposi- government or those who might want elections watchdog GOLOS, and its ex- tion candidate Mikalai, who was to run for political office: ecutive director Lilia Shibanova, were

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.067 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6184 CONGRESSIONAL RECORD — SENATE August 1, 2013 fined for failing to register as a ‘‘for- than we did 30 years ago. For example, dren who were forced to grow up with- eign agent,’’ even after receiving the in 1980 we had fewer than 25,000 in Fed- out their mother. prestigious Sakharov Prize by the Nor- eral custody, and today there are more Even the sentencing judge acknowl- wegian Helsinki Committee and reject- than 219,000. edged the injustice of Eugenia’s sen- ing the monetary portion of the award. Our Federal prison system is at near- tence, lamenting ‘‘there is nothing this Russia has also passed draconian ly 40 percent over capacity—with more court could do’’ because of the laws laws that include fines equivalent to an than 50 percent overcrowding at high- that existed. Eugenia was a model pris- average annual salary for taking part security facilities. As the Government oner winning awards, completing sub- in unsanctioned protests, stiffer libel Accountability Office has explained, stance abuse programs, and serving as penalties, a broader definition of trea- this overcrowding is not only creating a model employee who worked at a call son, and restrictions on websites—laws financial strain, but it is jeopardizing center and sewed thousands of pairs of that former Soviet leader Mikhail the safety of both inmates and prison shorts for the military. Eugenia suf- Gorbachev has denounced as an ‘‘at- guards. fered from a serious and rare form of tack on the rights of citizens.’’ And who are we incarcerating with cancer while in Federal custody. Euge- Earlier this year Gorbachev also our limited resources? Nearly 50 per- nia would still be serving a sentence warned Russian President Putin ‘‘not cent of Federal inmates are serving today—a sentence that would be cost- to be afraid of his own people.’’ sentences for drug offenses. ing taxpayers hundreds of thousands of Remember Sergei Magnitsky, the Let’s be clear: The price tag for this dollars and depriving children of a Russian who tried to draw attention to system is unsustainably high in terms mother—had it not been for the highly massive police and tax fraud who died of both financial and human costs. unusual grant of a Presidential com- in Russian custody? He was convicted a What we spend on Federal incarcer- mutation. Who benefited from the few weeks ago of perpetrating fraud ation has increased more than 1100 per- many years Eugenia spent in prison? himself—4 years after he died. cent in the last 30 years. The number How do we fix this problem or at After what many brave Russian was less than $330 million in 1980 and least take an important step toward democrats did for countries such as had skyrocketed to more than $6.6 bil- solving it? We have learned that our Lithuania and others breaking free lion by last year. exploding prison population is in large from the Soviet Union, we owe it to Our current incarceration policies part due to ineffective sentencing laws speak up for those who are fighting for are swallowing our limited law enforce- and the increasing number and length basic political freedoms today in Rus- ment budget and forcing choices that of Federal mandatory minimum sen- sia. many lawmakers and taxpayers would tences. Mandatory sentences, particu- These endless show trials are not for not agree with. Incarceration and de- larly drug sentences, can take individ- criminals or foreign agent organiza- tention costs account for nearly a third ualized review out of a judge’s hands by tions. They are not worthy of a great of the Department of Justice’s discre- requiring a one-size-fits-all sentence nation. tionary budget. This threatens funding imposed by Congress. And the number These are petty attacks on patriotic for Federal prosecutions, Federal law of Federal mandatory sentences has Russians who want the freedom to enforcement, funding and grant money doubled during the last 20 years. peacefully criticize and improve their for State and local law enforcement, More than 60 percent of Federal dis- government, to run for office, to have and support for treatment, interven- trict court judges agree that existing clean elections, and to have an inde- tion, and reentry programs. mandatory minimums for all offenses pendent judiciary that is not used to In the era of sequestration, we are are too high. Many think they are just quash political opponents. faced with a choice: We can either bad policy. Justice Anthony Kennedy The Russian people—our friends—de- change our sentencing policies or po- said: ‘‘I am in agreement with most serve better than to have such aspira- tentially suffer an erosion in public judges in the federal system that man- tions so brazenly and so shortsightedly safety. We need to take steps to con- datory minimums are an imprudent, repressed. trol Federal prison spending now or we unwise and often unjust mechanism for f will face significant cuts in the re- sentencing.’’ sources available for other pressing The Judicial Conference of the SMARTER SENTENCING ACT criminal justice priorities like making United States, which represents all Mr. DURBIN. Madam President, yes- sure there are police on the streets, Federal judges, has ‘‘consistently op- terday, I introduced the Smarter Sen- crime prevention programs in place, posed mandatory minimum sentences tencing Act, bipartisan legislation that and an ability for offenders to re- for more than 50 years.’’ The bipartisan would reform our drug sentencing laws integrate into their communities rath- U.S. Sentencing Commission recently to make Federal sentencing policy er than become safety risks. said, after studying this issue in a 369- smarter, fairer, and more fiscally re- Many States across the country rec- page report, ‘‘[T]he Commission unani- sponsible. ognize that we are at a crossroads and mously believes that certain manda- This bill, which is cosponsored by Re- they are pursuing important reforms tory minimum penalties apply too publican Senator MIKE LEE and Judici- with a high degree of success. A New broadly, are excessively severe, and are ary Committee chairman PATRICK York Times article published this week applied inconsistently. . . .’’ LEAHY, would reduce certain manda- explains the ‘‘new approach to crime’’ We subject our Federal judges to a tory minimum sentences for non- many States are taking and the result- rigorous confirmation process. Con- violent drug offenses and give Federal ing decline in State prison populations. gress should allow these judges to use judges more ability to impose individ- The Federal Government should follow their legal and law enforcement exper- ualized sentences for certain offenders. suit. tise to do their jobs and not micro- These modest changes will allow Fed- And let’s never forget the human manage their sentencing decisions. It eral law enforcement to focus limited costs. We hear every day about heart- is important in achieving both justice government resources on the most seri- breaking cases of mothers, fathers, un- and public safety to have sentences tai- ous offenders and public safety risks. cles, aunts, and children who are be- lored to the individual facts, back- Why is this legislation needed? Let’s hind bars for far too long sometimes ground, and circumstances of each case look at where we are as a country. We decades—for nonviolent offenses. This and defendant. Only the judge who incarcerate more individuals, including harms communities and families. hears a case has the ability to set such per capita, than any other nation in One such case is a woman I came to a sentence. the world. Our rivals, with far lower in- know well, Eugenia Jennings. Because We are at a crucial moment in his- carceration rates, include countries of unjust sentencing laws, she was in- tory. We can no longer afford sen- like Rwanda, Cuba, China, and the Rus- carcerated in Federal prison at the age tencing policies that are not working, sian Federation. of 23 for more than two decades for a are draining limited Federal funds, are And our incarceration rates are only nonviolent drug offense involving the leading to unjust sentences, and are growing over time. We have 500 percent exchange of a small amount of drugs failing to make our families and com- more inmates in our Federal prisons for clothing. Eugenia had three chil- munities safer.

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.117 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6185 As a result of these problems, some jury. And this bill does not repeal any was a former chief deputy in the Laurel of the country’s leading sentencing ex- mandatory minimum sentences. Rath- County Sheriff’s Office. He worked perts have called for the repeal of all er, it reduces certain nonviolent drug most of his life in law enforcement, and Federal mandatory minimums. The mandatory sentences so that judges was a veteran of the U.S. Army; he Smarter Sentencing Act takes more can determine, based on individual cir- served his country in Vietnam and was modest but important steps in modern- cumstances, when the harshest pen- awarded the Bronze Star Medal and the izing drug sentencing policy. alties should apply. Let’s allow these Purple Heart. He is remembered by his First, it modestly expands the exist- judges to do their jobs. three daughters, Stacey Johnson, ing Federal safety valve, which allows This bill crosses party lines it is a bi- Kacey Bolton, and Jessica Sizemore; Federal judges to sentence certain nonpartisan compromise from a Repub- his son, Justin Sizemore; his father, violent drug offenders below existing lican from Utah and a Democrat from Frank Sizemore; his brother, Jerry mandatory minimum sentences. This Illinois. This bill is the right thing to Sizemore; the mother and stepmother change will only apply to certain non- do, which is why it is endorsed by faith of his children, Pam Brock Sizemore; violent drug offenses that do not in- leaders from the National Association 10 grandchildren; and many other fam- volve weapons. It is supported by near- of Evangelicals to the United Meth- ily members and friends. ly 70 percent of Federal district court odist Church. This bill would improve Flight paramedic Herman ‘‘Lee’’ judges. public safety, which is why it is en- Dobbs, of London, KY, was 40 years old. Second, the bill will permit those dorsed by the National Organization of He had worked for Knox County EMS serving sentences that Congress has de- Black Law Enforcement Executives. and had a love of horses that led to his termined are unjust and racially dis- And this bill is good policy, which is being put in charge of a horseback parate to petition for a reduction in why it is endorsed by groups on the search unit for the Knox County Spe- their sentence. I authored the bipar- right and left, ranging from Heritage cial Operations Response Team. He is tisan Fair Sentencing Act in 2009 to Action to the ACLU. It is endorsed by remembered by his wife, Emilee Dobbs; help reduce the sentencing disparity Justice Fellowship of Prison Fellow- his parents, Herman Dobbs and Patsy between crack and powder cocaine of- ship Ministries, Grover Norquist, the Light Dobbs; his children, Jordan, Hay- fenses and to eliminate the mandatory Leadership Conference on Civil and den, and Walker Dobbs; his sister, Lori minimum sentence for simple posses- Human Rights, the NAACP, the Sen- Crawford; his brother, Chad Dobbs; his sion of crack cocaine. While African tencing Project, Open Society Policy aunt, Sherri Blakely; his uncle, Dale Americans were approximately 30 per- Center, the ABA, the Constitution Light; his mother-in-law, Candace Hut- cent of crack users, they comprised Project, the National Association of ton; and many other family members more than 80 percent of those con- Criminal Defense Lawyers, NAACP and friends. victed of Federal crack offenses. Legal Defense and Educational Fund, Flight nurse Jesse Jones was 28 and The bill passed the Senate unani- Families Against Mandatory Mini- from Bell County, KY. He graduated mously. As one Judiciary Committee mums, the Lawyers’ Committee for from Southeast Kentucky Community Republican stated, ‘‘[W]e are not able Civil Rights Under Law, Drug Policy and Technical College as a registered to defend’’ the unfair sentences that Alliance, and Brennan Center for Jus- nurse in 2007 and then pursued his existed before the Fair Sentencing tice, among others. dream of becoming a flight nurse. He is I thank my partner in this effort, Act—sentences that disproportionately remembered by his grandparents, Mac Senator LEE. We have taken many affected African Americans. Another and Ruby Jones; his son, Tyson Lee months to study this problem and work stated that these changes were ‘‘long Jones; his father, Eddie Gene Jones; his together on a bipartisan solution. overdue’’ and that ‘‘Congress should stepmother, Patricia Maye Jones; his I am grateful to Senator LEAHY, the act without any more delay to start to brother, Wiley Gene Jones; and many reduce the sentencing disparity.’’ A chairman of the Judiciary Committee, for joining this effort and, as always, other family members and friends. third Republican member of the Judici- for his leadership on criminal justice Madam President, I ask unanimous ary Committee stated, ‘‘The law cre- reform. consent that an article that was pub- ated inequities. . . . We are working I urge my colleagues to support the lished recently in a southeastern Ken- and will continue to work to roll back Smarter Sentencing Act. tucky publication describing the very the injustice that was done.’’ moving memorial service held for the f Because of the timing of their sen- three crewmembers of the tragic Air tences, some individuals are still in jail REMEMBERING EDDY SIZEMORE, Evac 109 flight be printed in the serving lengthy, pre-Fair Sentencing HERMAN ‘LEE’ DOBBS, AND RECORD. Act sentences that Congress has deter- JESSE JONES There being no objection, the mate- mined are unfair. To be clear, the Mr. MCCONNELL. Madam President, rial was ordered to be printed in the Smarter Sentencing Act does not auto- I rise today to commemorate the vic- RECORD, as follows: matically reduce a single sentence in tims of a tragic accident that occurred [From the Whitley County Times-Tribune, this respect. But it allows individuals recently in Clay County, KY. Three he- June 17, 2013] sentenced under the old crack-powder roes were lost when a medical heli- ‘‘GOD SPEED AND BLUE SKIES’’ sentencing disparity to petition courts copter came down in the parking lot of AIR EVAC 109 CREW REMEMBERED and prosecutors for a review of their Paces Creek Elementary School out- (By Jeff Noble) case, consistent with changes in the side the town of Manchester on June 6 CORBIN.—After the funerals of three of law made by the Fair Sentencing Act. of this year. Crewmembers Eddy their crew members last week, it was time Considering all of the circumstances, Sizemore, the pilot, Herman ‘‘Lee’’ for Air Evac Lifeteam to remember Eddy including public safety and the nature Dobbs, the flight paramedic, and Jesse Sizemore, Jesse Jones and Lee Dobbs. of the offense, a judge can grant or Jones, the flight nurse, sadly died in On Saturday morning the company did just deny any petition. Federal courts suc- this crash. that, during an emotional and moving me- cessfully and efficiently conducted morial service in London. The crew of this medical helicopter Outside the North Laurel High School similar crack-related sentence reviews was returning back to their Man- Gymnasium, the weather was sunny and the after 2007 and 2011 changes to the Sen- chester base after transporting a pa- skies blue, when an estimated 300 persons— tencing Guidelines. Based on recent tient in urgent need of care to a hos- including the families of the three who died, U.S. Sentencing Commission data, this pital in London, KY. Medical heli- as well as Air Evac crews and first respond- change in the law alone could signifi- copters help transport patients in re- ers from Kentucky and other states as far cantly reduce prison overcrowding and mote areas to hospitals where they can away as Missouri, Illinois, Minnesota and save taxpayers more than $1 billion. receive all necessary medical atten- North Carolina—came to say goodbye to Third, the bill lowers mandatory pen- tion. Sadly, these three crewmembers their brothers who paid the ultimate price while doing their duty. alties for certain nonviolent drug of- who worked to save others’ lives lost For all of them, the memory of what hap- fenses. These modifications do not their own. pened on that late Thursday night, June 6, apply to, for example, statutory pen- Pilot Eddy Sizemore was 61 years old will forever be seared in their hearts and alties involving firearms or bodily in- and a native of Laurel County, KY. He minds.

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.071 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6186 CONGRESSIONAL RECORD — SENATE August 1, 2013 Sizemore was the pilot. Jones was the ‘‘He was the type of student everyone When that ended, Brian Jackson, the pro- flight nurse. Dobbs was the flight paramedic. liked. Fun-loving, and had a good time. Jesse gram director of Air Evac 109 in Manchester, All three died when their medical helicopter was very intelligent. He wanted to be a came to the stage, accompanied by nine crew crashed in the parking lot of Paces Creek El- nurse. He made his patients feel very impor- members. Some of the crew shared stories ementary School in Clay County, just about tant, and that they were the most important and lighthearted moments about their work 150 yards from the helipad where the crew is person in the hospital. He loved to hunt. On with Lee, Jesse and Eddy. based in Manchester. more than one occasion he would remind me Several in the audience got some good For the crews, it was their time to mourn. and the other teachers that it was the begin- laughs from the stories, which a nearby per- To persevere. And to have closure. ning of deer season. And he loved his family, son in the bleacher seats said they needed. It was Pastor Donald Sims, of the City of especially his grandparents. When he grad- Jackson told the crews and first respond- Hope Community Fellowship in Manchester, uated, he told me he wanted to be a flight ers, ‘‘Thank you for your prayers and your whose opening prayer began the memorial nurse. He was meant to be in the skies. If I support during this time. It really means a service. needed a flight nurse, I would want Jesse lot. We agree. They were brothers to us. ‘‘Lord, be with the families, their friends, Jones, because I know he was the best,’’ she They would want me to tell you, Crawl back and bring hope, healing and comfort to all stated. on that ambulance. Crawl back on that who are here,’’ he prayed. Eliza Brooks started her nursing career truck. Crawl back on that airplane. Do what From the St. Louis suburb of O’Fallon, with Jones at Pineville Community Hospital. you do best.’’’ Missouri, came Air Evac Lifeteam’s presi- She also spoke on behalf of Jesse’s family. When the Manchester crew finished their dent, Seth Myers. He was the first speaker at ‘‘He had an eagerness to learn more. My final thoughts, they pinned the wings on the the service, and told the audience and his husband also worked at the hospital, and he wreaths of Dobbs, Sizemore and Jones. employees, ‘‘It with a heavy heart that I and Jesse became friends . . . We would serve Letch Day returned, and presented a stand here. To honor the life of Eddy lasagna for Jesse every deer season, and on framed print in memory of the three crew- Sizemore, Lee Dobbs and Jesse Jones.’’ Christmas, our family had a camouflage men to the Air Evac 109 base in Manchester. He spoke of the three who perished, and stocking for Jesse. To the family, we want to ‘‘We’re asking them to be our ‘Guardian spoke of the many first responders who came thank you for sharing Jesse with us. He Angels’ in memory of the job they did so to pay their respects. loved all of you. He lived life every day to well,’’ he said. ‘‘I see uniforms of all colors. They all rep- the fullest. He was always loving, kind and Jackson and the base crew proudly accept- resent one thing. That’s the dedication to compassionate. He knew what to do, and ed the print. serve others. The attendance today is a tes- never looked back. The sky was not the limit Kentucky state flags were presented to the tament of these three people who served. for Jesse,’’ she said, holding back tears. families of the three crewmen by Mike Letch Day, of Air Methods Corporation, They loved doing what they did, and the Poynter, the state EMS director. Air Evac gave the first of two eulogies for Lee Dobbs, crews working with them. They helped to Lifeteam flags were also given to the three the last of the crew of three that Day called save lives and make a difference in peoples’ families, as were three fire helmets brought lives. They’re gone from us today, but they’ll ‘‘Our fallen heroes, our fallen brothers.’’ ‘‘To know Lee was an honor. He was a to them in memory of their fathers, by the never be forgotten,’’ Myers said. Manchester Fire Department. He then read a letter from a woman, strong-willed person. EMS was his job. It was his life. It was his passion. The one letter to The tones were heard over the speakers, thanking the crews for their service. and the Last Call was given by a dispatcher. ‘‘I can’t imagine the emotions at this time, describe Lee was ‘C’ character, caring, compassion, commitment, companion, and child- When that ended, a piper played ‘‘Amazing but you will work as a team and persevere Grace’’ on the bagpipes as the color guard . . . For Eddy, Lee and Jesse, their impact hood hero. His character was what propelled him to excellence. He loved and cared for his left the gymnasium. And the service ended. lives on in the life of every person they saved family. And he cared for his family and oth- Nearly everyone who attended went out- . . . I challenge you to move forward. A Jap- ers with compassion and commitment. He side to wait for an aircraft flyover. Six heli- anese proverb said, ‘Fall down seven times, was to others a companion, and to his chil- copters and one airplane hovered overhead stand up eight.’ Signed, Mandy Curley,’’ the dren, a childhood hero to them,’’ he said. for the next five minutes, each one’s pilot letter said. Day then looked at Dobbs’s three sons and and crew showing in their own way their own Eulogies were given for all three members told them, ‘‘Your Dad. He is a hero. Don’t respect and honor for their fallen comrades. of the helicopter crew by friends and family. ever forget that.’’ For those up in the air, and on the ground, Eddy Sizemore was remembered first. Lee’s own father, Herman Dobbs, took the this past Saturday was their time to remem- ‘‘My definition of a hero is someone laying stage next. His voice cracked as he began to ber. down their life helping someone they don’t weep, while talking about the son he lost al- It’s a good bet that many of them will for- know. All three of those men did. I’m alive most two weeks ago. ever remember those final words when they and able to stand on this stage today, be- ‘‘Knowing Lee as my son, he would have heard the crew’s last call inside the gym- cause of Eddy’s experience as a helicopter said, Dad, did you tell the Jones family, and nasium. pilot. Eddy saved my life,’’ said Officer the Sizemore family, I’m sorry for their loss? ‘‘November One-One-Nine Alpha Echo is Chuck Johnson of the Laurel County Sher- They were my partners.’ That’s what he’d out of service. God speed and blue skies.’’ iff’s Department. want me to say. He was my son. We tried to f Johnson recalled riding with Sizemore as a bring him up that way. I’m just so thankful spotter during a marijuana search in 2005 the Lord gave me a son like that,’’ Dobbs IMMIGRATION REFORM when both worked together with the sheriff’s said, his voice choked with emotion. office. They were in the air when the chopper In the place where the North Laurel High Mrs. MURRAY. Madam President, I hit guy wires, then plunged to earth, hit the Jaguars held court, there were three wreaths would like to speak briefly about how ground and skidded 96 feet on the blacktop. on the stage—one each for the three fallen the immigration reform bill affects ac- Johnson said it was Sizemore’s skills, and crew members. In the middle of each wreath cess to health insurance coverage. In cool in the hot seat, that brought the chop- was a picture of each of them. On each side particular, I am pleased that the Sen- per down safely. of the stage was a large video screen, which ate-passed legislation preserves the ‘‘I believe that God has a plan of a mission showed pictures and moments of the lives of ability for States to cover lawfully re- of all of us here on Earth. On that day, our Lee, Eddy and Jesse. The seats on the gym siding pregnant women and children mission wasn’t finished. On June 6th, Eddy’s floor were reserved for family members and mission was complete, and he was called Air Evac employees. When the doors opened under Medicaid and the Children’s home,’’ he pointed out. at 10 a.m. for the service, the seats quickly Health Insurance Program CHIP. Im- There was another side to Sizemore. A filled, with other Air Evac crews and first re- portantly, States may extend full bene- lighter side that permeated the workplace, sponders joining the general public on the fits under these programs to individ- and gave Johnson and his co-workers a home side of the bleacher seats. uals who gain legal status as a result of wealth of what he affectionately called Two Air Methods Corporation employees the bill, including those granted Reg- ‘‘Eddy Stories.’’ from Missouri—Ray Haven and his wife, istered Provisional Immigrant RPI, ‘‘He loved to sit and laugh and loved to cut Veronica—sang the inspirational song ‘‘I up with us. Eddy loved to keep people enter- Will Rise.’’ Ray played acoustic guitar, while Blue Card, and V-visa status. tained. He also liked to cheat at playing he and Veronica sang the duet. My home State of Washington is one Rook during our times we worked the night Towards the end of the service, three re- of 27 that have decided to exercise the shift years ago with the Sheriff’s Office . . . corded songs were played over the speakers option to extend these health care ben- Eddy always had our back. All of us who while the audience watched the visual mon- efits to children or pregnant women. worked with him will continue to mourn. tage of the three men they called ‘‘their fam- We do this because we know that when There was only one Eddy Sizemore,’’ John- ily.’’ women have access to prenatal care, son said. One was the song ‘‘You Never Let Go,’’ fol- Kathy Guyn spoke next. She remembered lowed by ‘‘Shine Your Light,’’ a tribute to children are born healthier. We all ben- when Jesse Jones was in her nursing classes first responders by Robbie Robertson, a efit when children receive the immuni- at the Pineville campus of Southeast Com- former member of The Band. The set ended zations they need and are able to see a munity and Technical College. with an encore of ‘‘You Never Let Go.’’ doctor when they are sick.

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.044 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6187 During the debate on S. 744, two of TRIBUTE TO ROHIT KUMAR passed away July 30, 2013, leaving be- my colleagues, Chairman LEAHY and Mr. HATCH. Madam President, I wish hind a lasting legacy that garnered the Senator ROCKEFELLER, came to the to pay tribute to my colleague Rohit respect of many throughout our State floor to discuss this issue. I join them Kumar, who will soon, unfortunately, and Nation. in support of preserving States’ rights be leaving Senate service for other pur- Senator Byrd made history in 1970 to extend Medicaid and CHIP benefits suits. when he became the first person to win to lawfully residing noncitizen children Rohit stood by me and others here in election to the U.S. Senate as an inde- and pregnant women. I thank my col- the Senate as we navigated through pendent candidate. He used that inde- leagues for addressing an issue that is deep challenges faced by our Nation, pendence to be a voice for good and was critical to my home State and I echo and he has consistently and vigilantly someone people respected for his delib- their comments on the intention of the worked for the American people to pro- erative manner. Senate with regard to this issue. mote a lot of good, and to prevent a lot Senator Byrd was not one to intro- Madam President, I would also like of bad from happening. duce unnecessary legislation and in to speak today about the need for com- Rohit is a consummate Senate pro- fact believed legislation was not al- prehensive immigration reform by fessional whose skills and accomplish- ways the answer. However one of his highlighting the work of one of my ments have provided a long strand of proudest moments as a legislator was constituents. service to this body and to the country. his work on a bill that mandated a bal- I was touched when I read a poem He is a rarity, combining a razor-sharp anced Federal budget in 1978. He set written by 10-year-old Erin Stark of intellect, logical patterns of thought, the tone for my own commitment to Bellevue, WA. I met Erin last month at and an ability to obtain fair and bal- this principle that I have continued to a welcoming ceremony for new immi- anced assessments of challenges that fight for throughout my service in the grants in my home State of Wash- typically involve tradeoffs across a Senate. ington. She told me about her passion host of competing interests. He adds to I had the pleasure of getting to know for writing and explained that she won that an uplifting disposition and a Harry during my early years as a Sen- a national writing contest with the keen wit. ator. In fact, after the important and submission of her poem on immigra- Rohit possesses mastery of policy, difficult Labor Law Reform battle I tion. I think her words exemplify the politics, rules of the Congress, and waged 2-years into office, I received a diversity and extraordinary contribu- more. While most of us would be con- note from Harry that I treasure to this tions made by immigrants to this tent having mastery of any one of day. This Independent Senator praised country. those realms, Rohit has managed to my work and declared that ‘‘. . . the master them all. He is a complete American people are indebted to you.’’ ‘‘WHAT WOULD YOU MISS ABOUT IMMIGRANTS, package. Strong words from a strong man that I IF THEY DIDN’T COME TO AMERICA?’’ Rohit has been an asset to me, to my looked up to and admired as a very jun- Would you miss the food? ior Senator just learning the ropes. The pot stickers, sushi, and dumplings, caucus, to Senate Leadership, and to the country, and his presence will be Senator Byrd not only conquered the Pizza, spaghetti, curry, or crepes? political world—he was a highly re- Just think about it for a minute or two, missed by all of us. Could you survive eating fish at every meal? All of us here in the Senate are also spected voice in the newspaper busi- Could you? indebted to Rohit’s beautiful family, ness—two entities not always known Immigrants are coming every day, which has endured the often-rigorous for cohesive relationships. He spent Variety is what they bring with them in demands that his Senate service has many decades in publishing and served every way. placed on them. I can think of more as editor and publisher for two news- Would you miss the holidays? papers; as well as the vice president of Day of the Dead, and Chinese New Year, than a few occasions where Rohit was negotiating issues that are deeply im- the Associated Press. Hanukkah, Kwanzaa, and Ramadan too? His service in the Senate was Why did the Christians travel the distance, portant for the future of our Nation in Was it to share their beliefs and Christmas? stressful, around-the-clock marathon matched by his service to his country Immigrants are coming every day, sessions. in the U.S. Navy as a Lieutenant Com- Variety is what they bring with them in If you were to ask me to construct a mander during World War II. His love every way. template for an ideal person to have by for America and the ideals it rep- Would you miss their art, your side to navigate through the resents could be found throughout the Painting, literature, and music, good works he performed throughout Plays, sculpture, and design? tough decisions, tradeoffs, and negotiations we face in Congress, I would sim- his life. Life would be dull without art, Our nation lost a truly wonderful People might become sad and would get bro- ply point to Rohit Kumar. ken hearts. We are all very sad to see Rohit man. I know that many people will Immigrants are coming every day, leave. We trust that he will be able to truly miss his strength, leadership, and Variety is what they bring with them in take a bit more time with his family, wisdom. every way. and will pursue future endeavors with Elaine and I convey our deepest sym- Would you miss the things they made? more of the same rigor and industri- pathies to his three children and their Railroads, canals, communities, and sky- families. May our Heavenly Father scrapers, ousness he has consistently shown in his service to the country while work- bless them with peace and comfort at Schoolhouses, highways, churches, and busi- this time. The contributions and im- nesses? ing in the Senate. Wherever he goes, What would kids do without schools? without doubt, those around him will pact Senator Byrd made on his family, We might turn into fools! benefit tremendously. his community, and our Nation will be Immigrants are coming every day, I wish to thank Rohit for the many felt and appreciated for generations to Variety is what they bring with them in years of outstanding assistance he has come. every way. provided to me, to my colleagues in the Immigrants are coming every day. f They bring recipes, celebrations, talents, and Senate, and to the country. I also skills. thank his family for sharing Rohit UNITED STATES-ISRAEL Variety is what they bring with them in with us, and for persevering as we often STRATEGIC PARTNERSHIP ACT every way. tapped his talents around the clock. I Mr. GRASSLEY. Madam President, USA would be bland without immigrants, am proud to have worked with Rohit. the United States-Israel Strategic Now our nation is colorful and the joy is infi- Partnership Act of 2013 reaffirms the nite. f strong relationship the United States —Erin Stark REMEMBERING HARRY BYRD JR. has with Israel. As the legislation Mr. President, I would like to extend Mr. HATCH. Madam President, I rise states, our countries share a deep and a special welcome to Erin Stark. I look today to pay special tribute to a man I unbreakable bond, forged by over 60 forward to seeing all that she will ac- admired for many years, former U.S. years of shared interests and shared complish in the years to come. Senator Harry Byrd Jr. Sadly, Harry values.

VerDate Mar 15 2010 07:14 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.109 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6188 CONGRESSIONAL RECORD — SENATE August 1, 2013 S. 462 includes provisions that will Kirk enlisted in the Oklahoma Na- tion and freedom. We will keep them in enhance cooperation between our coun- tional Guard at the age of 31 as a Chap- our thoughts and prayers, always. tries in the areas of energy, defense, lain’s Assistant after seeing a recruit- f homeland security, and agriculture. ing commercial on television and de- HYDROPOWER REGULATORY While I support the end goal of the ployed in support of disaster relief op- EFFICIENCY ACT bill, I do have reservations about a sec- erations following Hurricane Katrina. tion dealing with the visa waiver pro- Kirk then deployed again to Iraq in Mr. SESSIONS. I rise today to ex- gram. The visa waiver program was 2007 as an infantryman and rose press my support for the Hydropower created by Congress but is largely over- through the ranks to Staff Sergeant. Regulatory Efficiency Act of 2013, H.R. seen and maintained by the executive He served as a full time Army National 267. This important legislation will en- branch. The Secretary of Homeland Se- Guard Soldier. He strived to be the best courage and facilitate the development curity, in consultation with the Sec- in everything he did and was repeat- of clean and renewable hydropower ca- retary of State, may designate any edly recognized for his excellence as pacity in the United States. country as a participant if certain the Hero of the Battlefield and the out- Hydropower has played a key role in qualifications are met. Congress laid standing soldier in the 45th Infantry the economic and industrial develop- out the criteria, which include low Brigade Combat Team for his perform- ment of the State of Alabama over the nonimmigrant visa refusal rate; ma- ance at the Joint Readiness Training last 100 years. In fact, according to the chine readable passport program; law Center, and presented the Unsung Hero National Hydropower Association, Ala- enforcement and security interests; re- Award when he attended the Ranger bama ranks among the top ten States in hydropower generation, with over porting lost and stolen passports; repa- Reconnaissance and Surveillance Lead- 8,700,000 megawatt-hours of conven- triation of aliens; and passenger infor- er Course for his scout training. He tional hydrogeneration. I believe hy- mation exchange. also was Soldier of the Cycle for basic dropower will continue to make impor- Once a country meets these require- training and given Distinguished Hon- tant contributions to meet Alabama’s ments, the Secretary of Homeland Se- ors at Advanced Individual Training. energy needs well into the future. For curity allows the country to partici- A true warrior and leader, Kirk died that reason, I believe the Hydropower pate in the visa waiver program. Yet, while escorting an Explosive Ordnance Regulatory Efficiency Act of 2013 is an S. 462 would amend the statute and Disposal team to disarm dangerous ex- important piece of legislation that allow Israel in the program even if all plosive devices in Paktya Province. merits this body’s full support. I would the criteria are not met. Specifically, Kirk was a loving husband, endearing like to recognize the excellent work of under the legislation, Israel would not father, and faithful friend. His loving the Senate Energy Committee, includ- have to abide by the low nonimmigrant presence, strong faith, incredible sense ing the chairman and ranking member, visa refusal rate. Currently, 37 coun- of duty and honor, and his wonderful tries participate in the visa waiver pro- on this legislation. At this time, I wish sense of humor left a lasting impres- gram without needing a special excep- to ask the ranking member for permis- sion on every heart he touched. sion to engage her in a brief colloquy tion. First Baptist Church Pastor Doyle I am concerned about section 9 of the concerning her understanding of Sec- Pryor said, ‘‘Kirk is one of those guys bill because it sets a precedent for tion 6 of this legislation. who had a natural sense of duty and other countries not to have to abide by Ms. MURKOWSKI. I welcome an ex- honor. He really believed his military all the terms of the program. Partici- change for the record. service was a calling from God.’’ pating in the visa waiver program is a Mr. SESSIONS. I thank my colleague Major General Myles Deering, the great benefit. Congress should not be for her willingness to discuss this legis- Oklahoma National Guard Adjutant making exceptions. lation. Section 6 of the Hydropower So, while I support the bill and am General, said, ‘‘He was an outstanding Regulatory Efficiency Act of 2013 pro- cosponsoring it today, I will advocate non-commissioned officer, dedicated to motes hydropower development by di- that section 9 be amended before it is loyally serving his country and fellow recting the Federal Energy Regulatory passed by this body. The Senate should Soldiers. His loss is being felt across Commission, FERC, to investigate the accept the House language, which sim- the state and he will be greatly feasibility of a more streamlined li- ply includes a statement of policy and missed.’’ censing process for certain hydro requires the Secretary of State to re- His daughter Kylie wrote: projects that should not be subjected port on the extent to which Israel sat- My dad was a fantastic leader. All of his to the lengthy and expensive licensing isfies the requirements specified in guys looked up to him. My nickname for him process that was designed for projects law. was Ironman. There was nothing to me that with many more complicated issues he couldn’t do. He loved Jesus with all his I hope my colleagues will work with heart and that’s where my peace is coming and stakeholder interests. me on this section, and I look forward from. I can just see him up in heaven fol- Under H.R. 267, two types of projects to helping pass this bill in the Senate lowing Jesus around wanting to know every- would be eligible for the 2-year licens- to reaffirm the partnership of United thing. A few weeks before he left we were at ing process: new hydro developments at States with Israel. the grocery store and my dad and little sis- existing nonpowered dams and closed- f ter were walking down the marshmallow loop pumped storage hydro. It is my aisle and he turned to her and said ‘Kayci, I understanding that adding generation HONORING OUR ARMED FORCES think heaven will smell like marshmallows.’ capacity at existing nonpowered dams STAFF SERGEANT KIRK A. OWEN I hope it does. The memory of my dad will would tap into an important and sub- Mr. INHOFE. Madam President, I pay live on forever and his good looks will too. stantial renewable energy resource at tribute today to a true American hero, In July 2012, the town of Sapulpa projects where the impacts of dam con- Army SSG Kirk A. Owen of Sapulpa, dedicated a neighborhood park where struction have already been realized. OK who died on August 2nd, 2011, serv- the Owen family still lives as a tribute For hydropower developers to take ing our Nation in Paktya Province, Af- to Kirk and his service to our Nation. full advantage of any streamlined li- ghanistan. Staff Sergeant Owen was as- There is a lasting monument in his censing process that FERC may designed as a scout to Headquarters and honor. velop as contemplated in Section 6 of Headquarters Company, 1st Battalion, Kirk lived a life of love for God, his the act, I believe there needs to be a 179th Infantry Regiment, 45th Infantry wife and daughters, family, friends, and good understanding of what types of Brigade Combat Team, Oklahoma country. He leaves behind a wonderful pumped storage projects would be con- Army National Guard. and loving family: his wife, Tiffany and sidered ‘‘closed-loop pumped storage Staff Sergeant Owen died of injuries daughters, Kylie and Kayci. He will be projects.’’ This term is not defined in sustained when the vehicle in which he remembered for his commitment to the act, and I am not aware of any gen- was riding was attacked with an impro- and belief in the greatness of our na- erally accepted engineering or industry vised explosive device in the Lajah Dis- tion. I am honored to pay tribute to definition for that term. trict, Paktya Province while con- this true American hero who volun- In order that I might have a better ducting combat operations. He was 37 teered to go into the fight and made understanding of the types of hydro- years old. the ultimate sacrifice for our protec- power projects that would be eligible

VerDate Mar 15 2010 07:14 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.023 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6189 for a streamlined licensing process that Circuit; cloture on S. 1243, Transpor- oversight that we didn’t have ‘sex’ or ‘mar- FERC may develop in accordance with tation, Housing, and Urban Develop- ital status’ included. I’ve taken care of that, Section 6 of the act, would the ranking ment, and Related Agencies Appropria- and I trust it meets with the committee’s approval. member kindly provide a description of tions; and the nomination of Samantha the types of pumped storage projects Power to serve as the United States That is how sex discrimination was that she would consider to be ‘‘closed- Ambassador to the United Nations. made illegal in the Equal Credit Oppor- loop pumped storage’’? Had I been present, I would have voted tunity Act of 1974. She was a skilled lawmaker who used Ms. MURKOWSKI. I thank the Sen- in favor of all three votes. her immense personal charm, political ator for his support of this legislation Ms. HEITKAMP. Madam President, I savvy and intellect to win over col- and for his inquiry about Section 6 of was unable to cast my vote earlier this leagues on issues that were critical to the Act. Streamlining the licensing week on the nomination of James her State and the country. One of her process for ‘‘closed-loop pumped stor- Comey to be the Director of the Fed- Republican House colleagues re- age’’ projects will encourage develop- eral Bureau of Investigation, FBI, and marked: ment of new and important sources of the nominees for the National Labor It was impossible not to like Lindy. She renewable energy that will help bal- Relations Board. liked everybody. She was nice to everybody. ance the country’s energy resources Had I been present, I would have She achieved more with less huff and puff and provide critical support to the Na- voted to confirm Mr. Comey as FBI Di- and bluster than any of the rest of us did. tion’s power grid. rector and would have voted in support Lindy stood up for equality and ra- Section 6 of the bill directs FERC to of the motions to invoke cloture and cial justice, even when her views were develop criteria for identifying projects confirmation of the nominations of not popular with some voters in her featuring ‘‘closed loop pumped stor- Kent Hirozawa, Nancy Schiffer, and own district. When she left Congress in age’’ that would be appropriate for li- Mark Pearce to be members of the Na- 1991 after serving nine terms, she was censing within a 2-year process. This tional Labor Relations Board. the only White Member to represent a term was used in the bill to generally f Black-majority district. describe pumped storage projects that She led the fight for equal pay for REMEMBERING LINDY BOGGS have a low impact on the various re- women in government jobs and for sources considered by FERC during the Mrs. BOXER. Madam President, I greater access to government contracts licensing process such as environ- wish to pay tribute to an incredible for women business owners. She mental, recreational, and navigation woman—former Congresswoman and worked to protect women from domes- interests. Ambassador Lindy Boggs—who was a tic violence, and inspired so many For example, pumped storage trailblazer for women and a passionate young people—women and men—to fol- projects that are removed from major advocate for the people of Louisiana low her into public service. streams are likely to have fewer sig- and people across the country who too Lindy was a pioneer in so many nificant resource impacts and issues to often don’t have a voice in Washington. ways—the first woman to chair a major be addressed and resolved, which When I first became a Member of political party’s nominating conven- makes them appropriate for the 2-year Congress in 1983, Lindy was one of only tion, the first woman to serve as U.S. licensing process. Accordingly, the 21 women serving in the House of Rep- Ambassador to the Vatican, and the types of pumped storage projects con- resentatives. I will always be grateful first woman to have a room in the Cap- sidered ‘‘closed loop’’ and, therefore, for the kindness and generosity she itol named in her honor. But because of eligible for FERC’s expedited licensing showed in taking me under her wing— her leadership and mentorship, Lindy process under this bill, would include and it was the same for so many other made sure that she would not be the projects where the upper and lower res- women who followed her in Congress last and that generations of other women would be able to follow in her ervoirs do not impound or directly and found in her a role model of such extraordinary footsteps. withdraw water from a navigable dignity and strength. No one will ever forget her courage in My heart goes out to her family, her stream and projects that are not con- friends and all of those whose lives she tinuously connected to a naturally- the face of unspeakable tragedy—the loss of her husband, Congressman Hale touched. She will be dearly missed. flowing water feature. Ms. LANDRIEU. Madam President, Boggs, whose plane disappeared during These types of ‘‘closed loop pumped today I honor and celebrate the life of storage’’ designs are candidates for a 2- a campaign trip to Alaska in 1972. an extraordinary American: Marie year licensing process because the re- Louisianans, including her husband’s Corinne Morrison Claiborne Boggs, who source impacts associated with such closest friends, urged her to run for the we all knew as ‘‘Lindy.’’ She was a re- projects can be minimal as compared seat in a special election the next year, markable national leader, trailblazer to more traditional pumped storage and she became the first woman elect- for women everywhere, wife, mother, hydro designs and other conventional ed to Congress from the State where and a friend. Lindy taught me—and an hydro projects for which the existing she was beloved. entire generation of Louisianians, both FERC licensing process was designed. I remember visiting Lindy’s home men and women, through her exam- Mr. SESSIONS. I thank Ranking State of Louisiana years later and ple—to answer the call of public serv- Member MURKOWSKI for her expla- being overwhelmed at the outpouring ice. nation. Again, I applaud her for her of love and respect the people she rep- With her death last Saturday, July work on the Hydropower Regulatory resented had for her—and with good 28, 2013, our entire State is in mourning Efficiency Act of 2013 and for her lead- reason. Throughout her time in Con- but we are also celebrating a life well ership in this body. gress, she was a champion for civil lived. f rights, women’s equality, and social Throughout her life, she shaped the justice. world to become a better and more just VOTE EXPLANATIONS During her first term in Congress, place. When she was born in 1916, Ms. LANDRIEU. Madam President, I Lindy was assigned to the House Bank- women could not vote and segregation regret having missed the July 31, 2013 ing Committee. At one point, the com- reigned supreme. But she refused to ac- vote on the confirmation of Byron mittee was considering an amendment cept the world as it was and set about Jones, of Minnesota, to be Director, to a lending bill banning discrimina- to change it. She lived through both Bureau of Alcohol, Tobacco, Firearms, tion on the basis of race, age or veteran World Wars and the Great Depression. and Explosives. Had I been present, I status. Despite all of these daunting obstacles, would have voted in favor of the con- Seizing the opportunity, Lindy Lindy—a graceful woman with a firmation of Mr. JONES. quickly added the words ‘‘sex or mar- strong, passionate calling to serve oth- I also regret having missed three ital status’’ to the amendment and ran ers—was not deterred. votes on August 1, 2013. The three votes to a copy machine to make copies for Like many women of her time, she that I missed are as follows: the nomi- each Member. She told her colleagues: married a man of great promise—and nation of Raymond Chen to be a United Knowing the Members composing this com- ultimately great power—Hale Boggs. States Circuit Judge for the Federal mittee as well as I do, I’m sure it was just an But

VerDate Mar 15 2010 07:18 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.048 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6190 CONGRESSIONAL RECORD — SENATE August 1, 2013 when he was lost in a tragic plane acci- male American astronaut to go into tice, to excellent education for all. Bill dent in Alaska, she—unlike many— space. She knew women could really often said that his position as pastor of stepped up and into his shoes, trusting excel at anything whether it was on Bright Hope was the most important God to lead her forward. this planet or beyond. job he had ever had, one that cul- She was elected to succeed her hus- Following her retirement from Con- tivated the skills and priorities that band in Congress on March 20, 1973, and gress in 1991, she once again answered shaped his life’s work. became the first woman elected to the the call to serve as the first female am- As a member of the U.S. House of House of Representatives from our bassador to the Holy See where she Representatives, Bill proudly rep- State. At the time, there were only 15 continued to exhibit the same resented the Second District of Penn- women in the U.S. House of Represent- strength, intelligence and respect that sylvania from 1979 to 1991 and built a atives and none in the U.S. Senate. she was known for throughout her life. reputation as a thoughtful and effec- But Lindy never let the novelty of She was most certainly the only person tive leader. Bill quickly rose through this, the pressure of work and family, to call the Pope ‘‘darlin’!’’ the ranks of leadership during his 12 or any other challenge she faced Lindy’s decades of service to her fam- years in Congress and assumed the throughout her career stand in her way ily, community, Nation and church re- chairmanship of the Budget Com- or deter her from serving her State and minds us all to give of ourselves fully mittee, after only 6 years in office. her country. to a worthy cause, and is an example of Three years later, in 1988, he was elect- Her keen political mind, iron will and what we can achieve when we do. She ed to chair his party’s House caucus, graceful Southern charm helped her be- has certainly set the gold standard for and then in 1989 he became the House come one of the most formidable forces public service. majority whip, the third-ranking lead- Congress has ever known. She was But knowing Lindy as well as I did, I ership position in the House. known for bridging the gap between believe she was most proud of her 3 As a lifelong advocate for higher edu- Republicans and Democrats and con- children, 8 grandchildren and 18 great- cation, Bill chose to leave Congress at vincing her colleagues to do what was grandchildren. the pinnacle of his career to accept the right with poise, kindness and reason. As many of you know, the special position of president and CEO of the As her colleague Bill Frenzel, a Re- cloakroom for the women of the House United Negro College Fund. He said at publican from Minnesota said of her: bears Lindy’s name. A few months ago the time that ‘‘Woodrow Wilson used to ‘‘It was impossible not to like Lindy. when we celebrated the 40th anniver- say, ‘My constituency is the next gen- She liked everybody. She was nice to sary of Lindy’s election, she said she eration,’ and you know, that’s why I everybody. She achieved more with less was proud of that room, but that left Congress, because my constitu- huff and puff and bluster than any of ‘‘Maybe, someday, the women will have ency, really, is the next generation.’’ the rest of us did.’’ to relinquish the room when women Bill’s 12-year tenure at UNCF brought She used her formidable influence to are the majority in the House.’’ unexpected growth in support for his- help lead the fight for civil rights, pay I know that Lindy will be proud when torically Black colleges, and he con- equity for women and the right for women achieve this milestone. Even stantly sought innovative ways to both women to hold a mortgage on her own after that day comes, Lindy’s legacy attract new investment and increase home without the necessity of a hus- will continue to inspire us for many existing funding. By the time he left band’s signature. years to come. UNCF 12 years later, Bill and his team As a member of the Banking Com- f had raised more than $1.54 billion. mittee she inserted a provision barring Bill never rested and was never satis- REMEMBERING WILLIAM H. GRAY discrimination over sex or marital sta- fied with one job at a time. While lead- III tus into the Equal Credit Opportunity ing the UNCF, he was asked by Presi- Act of 1974. She did not tell her col- Mr. CASEY. Madam President, today dent Clinton in 1994 to lead the efforts leagues before she did it and simply I wish to honor and remember the full to restore democracy in Haiti. His told them: life of Congressman William H. Gray, work there earned him the Medal of Knowing the members composing this com- III, and his exceptional service to his Honor from the President of Haiti. In mittee as well as I do, I’m sure it was just an community, the Commonwealth of 2004, Bill started Gary Global Strate- oversight that we didn’t have ‘sex’ or ‘mar- Pennsylvania, and our country. gies, Inc., and served as a director on ital status’ included. I’ve taken care of that, Bill was born in Baton Rouge, LA, multiple corporate boards, including at and I trust it meets with the committee’s ap- the second child of Dr. William H. Dell, JPMorgan Chase, and Pfizer. He proval. Gray, Jr., and Hazel Gray. Though he also served as vice chairman for the There was no objection! And tens of spent the first 8 years of his life in Pew Commission on Children in Foster millions of women were given access to Florida, Bill moved to Philadelphia in Care and on the U.S. Holocaust Memo- credit, opportunity and a future of 1949 and remained a distinguished resi- rial Council. their own. dent of our Commonwealth until his re- Bill often said that he had ‘‘always Lindy never tired in her fight to ex- cent passing. been taught by my folk, parents, pand opportunities for women, whether Bill was a pastor and shepherd for his grandparents, that service is sort of it was helping women as candidates for congregation, a respected member of the rent you pay for the space you oc- public office at all levels of govern- the U.S. House of Representatives, and cupy. And so, what I’ve tried to do is ment, pressing Federal cabinet secre- a powerful advocate for higher edu- direct my life towards service based on taries and agency heads to promote cation. Today we honor his life, his faith and commitment, and social jus- women to senior leadership and policy good works, and his legacy. tice.’’ As Bill’s family and friends positions in government, supporting As a pastor, Bill followed in the foot- mourn his passing, I pray that they women that work two to three jobs to steps of his father and grandfather and will be comforted by the knowledge keep food on the table and a roof over led Philadelphia’s Bright Hope Baptist that this great Nation will never forget their head or speaking out for victims Church for more than 33 years. Know- the commitment Bill demonstrated to of domestic violence. ing that the ministry was not just each of us, to his ‘‘whole ministry.’’ In fact today, there is a place named something you did on Sunday morning, May he rest in peace. ‘‘Lindy’s Place’’ in New Orleans that Bill always believed strongly in the f carries on her work to support abused principle of a ‘‘whole ministry,’’ that and battered women. the church must tend to all the needs TRIBUTE TO BLAISE MESSINGER In 1976, she nominated a young of its entire congregation. Under Bill’s Mr. BLUMENTHAL. Madam Presi- woman from New Orleans to the U.S. leadership, that congregation quickly dent, today I wish to recognize Blaise Military Academy as soon as the Army grew to over 4,000 parishioners, but Bill Messinger, Connecticut’s 2013 Teacher dropped the gender bar, and then remained committed to his ‘‘whole of the Year. quickly nominated women to all four ministry’’ and made sure to continue Every year the Connecticut State De- service academies. She applauded his important advocacy work on issues partment of Education selects one NASA when Sally Ride was the first fe- ranging from housing, to economic jus- teacher for this prestigious title who

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.057 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6191 then serves as an ambassador for edu- The pressure on neighboring coun- tion. It perpetuates human rights cation throughout the State and also tries, Turkey, Lebanon, Jordan and abuses at home. It sacrifices the well- represents Connecticut on a national Iraq, is only increasing. Beyond the being of Russia’s orphans for the sake scale, working on panels and advisory refugee crisis, the resulting chaos of political gains. And it is sheltering committees with other State teachers threatens unprecedented violence and the fugitive Edward Snowden. of the year, as well as with the Na- instability for all of Syria’s neighbors. Russia’s state-owned arms export tional State Teacher of the Year Pro- As Syria’s conflict grows increasingly firm, Rosoboronexport, has exacer- gram and the U.S. Department of Edu- radical, its borders are increasably in- bated the crisis in Syria. Instead of cation. This year’s Connecticut Teach- secure. promoting a path to peace, er of the Year, Blaise Messinger, was In August 2011, now nearly 2 years Rosoboronexport has provided the Syr- selected from 4 finalists, 15 ago, President Obama declared that ian Government with the means to per- semifinalists, and over 80 district Syria’s dictator, Bashar Asad, had lost petrate widespread and systemic at- teachers of the year for this tremen- all legitimacy and ‘‘must go.’’ At the tacks on its own people. It has supplied dous distinction. time of that statement, the number of Asad with guns, grenades, tank parts, Mr. Messinger makes an extraor- Syrians butchered by the Asad regime attack aircraft, anti-ship cruise mis- dinary difference in the lives of his stu- numbered a then-shocking 6,000. There siles, and air defense missiles, which dents and their families and at his were frequent grim comparisons to his regime in turn uses to perpetuate school. He is an inspiration to his col- Bashar al-Asad’s father Hafez, who its rule and murder innocent civilians. leagues. At Woodside Intermediate shelled Hama for days in 1982, killing Rosoboronexport also has made a com- School in Cromwell, CT, he is well perhaps 20,000. Now, today we see a na- mitment to provide Syria with S–300 known for his commitment to making tion on a path to destruction and Hafez advanced anti-aircraft missiles that fifth grade engaging and interesting. Asad’s 20,000 dead is just a fraction of would protect Syrian air dominance An actor in Los Angeles and New York the number his son has killed. and facilitate its continued attacks on City for many years, Mr. Messinger America must take seriously its com- its civilian population. dedicates this thespian acumen and mitment to doing what it can to bring These weapons do not threaten the ability to his students’ progress. By an end to the Asad regime. We must Syrian people alone. They challenge making school fun and relevant, his not tolerate the empowerment of forces American interests in the region, in- students remember what he teaches antithetical to our interests. And we cluding the safety and security of and come out of his classroom as en- certainly must not be complicit in Israel. Let’s look at one particular example thusiastic learners. When addressing their behavior. fellow educators as Connecticut Teach- The triumph of the Asad regime that has received a good deal of inter- er of the Year, he advised his col- would validate and encourage the mur- national attention. It is certainly pos- leagues to ‘‘think back to that teacher derous behavior of leaders who spurn sible that NATO or our own Nation you can still hear in your head.’’ I am democracy and the rule of law. It may decide it is necessary to create a no-fly zone over Syria to stop the car- grateful that Mr. Messinger came to would empower the belligerent regime nage. Russian-provided S–300s would Connecticut to apply his talents, high in Tehran and offer support to Iranian present a major threat to U.S. or allied energy, and positive spirit as a commu- proxies who seek to annihilate Israel aircraft and pilots seeking to establish nity leader. and ultimately threaten our own na- One personal inspiration for Mr. such a zone. They would also pose a dition. Messinger’s incredible impact as a While we view the Asad regime with rect threat to Israeli civil and military air traffic. teacher is his own family—especially rebellion, some others have stepped up The Russian transfer of weapons to his two sons, Ethan and Caleb, who live support for him, facilitating Asad’s with him and his wife Kimberley in Syria is not just inhumane, but it is a brutal success. Among these is the Cromwell. Mr. Messinger has said that violation of U.S. law. The Iran Threat Government of Russia. Russia has dem- his love for them—and his witnessing Reduction and Syria Human Rights onstrated time and again its support how teachers impacted their lives, es- Act of 2012 and the Iran, North Korea, for Bashar Asad and its opposition to pecially his son Ethan who has au- and Syria Nonproliferation Account- our own humanitarian and democratic tism—drives his desire to change the ability Act, as well as Executive Orders values. lives of children. 13382 and 13582 all demand sanctions Russia has consistently thwarted I thank the Connecticut State De- against ‘‘those entities that materially multilateral efforts to stem the vio- partment of Education and the Na- assist, or provide support for, the Gov- tional Teacher of the Year Program for lence in Syria, including vetoing a ernment of Syria.’’ representing the voices of passionate, United Nations Security Council reso- In addition, the fiscal year 2013 Na- talented teachers and recognizing their lution that would have penalized tional Defense Authorization Act pro- heroic efforts. Mr. Messinger has al- Asad’s failure to carry out a peace hibits contracts with Rosoboronexport, ready done great work on a national plan. It has made clear its unwavering and section 1233 of S. 1197, the National level, sparking important discussions support for Asad’s brutality. Address- Defense Authorization Act for Fiscal about changing the way we educate our ing the compounding challenges posed Year 2014, which was passed by the Sen- future generations. I am very proud by Russian intransience has proven in- ate Armed Services Committee, pro- that he represents Connecticut as 2013 creasingly difficult. The Obama admin- hibits the use of funds to enter con- Teacher of the Year and invite my col- istration has made a serious effort to tracts with Rosoboronexport. leagues to join me in applauding his in- engage in a direct dialog over matters In light of the lack of progress of dip- valuable contributions to our country. related to Syria, most recently along lomatic efforts to end Russian support the sidelines of the G8. f for the Asad regime and the direct na- But that effort has not been fruitful. ture of the threat these escalating SYRIA Indeed, the Russian Government has arms sales pose, it is incumbent upon Mr. BEGICH. Madam President, I demonstrated no genuine interest in the U.S. Government to pursue more wish to speak about the crisis in Syria achieving a resolution to the Syria aggressive measures as mandated by and the role that one company in one conflict. Moscow appears to simply U.S. law to create incentives for the nation is playing in perpetuating the enjoy the political cover that U.S.-Rus- Russians to change their behavior. In- strife. sian talks provide. Russia remains un- deed, Senator KELLY AYOTTE and I Every day Syria descends deeper into wavering in its support for an Asad re- have written to the President urging chaos and civil war. Since March 2011, gime that has hosted its bases, served that he take this course. more than 100,000 Syrians have been Russian economic interests, and an- With the exception of particular cir- killed, an estimated 5 million have chored what remains of Russia’s influ- cumstances of true military necessity, been internally displaced, and at least ence in the region. the administration must end all finan- 1.6 million have fled their war-torn At the same time, Moscow continues cial dealings with Rosoboronexport and land. By the end of 2013, half of Syria’s to flout international norms. Russia is begin to impose sanctions against population may have left their homes. acting antagonistically toward our Na- Rosoboronexport.

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.020 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6192 CONGRESSIONAL RECORD — SENATE August 1, 2013 We must also impose sanctions prisoners of war have unearthed a story of It wasn’t until the war was over that the against any Russian manufacturers tragic heroism that after seven decades has government acknowledged the plane and that provide military equipment such at last brought closure for two Waterbury Sorbo’s remains had been found, and asked as advanced anti-aircraft systems to sisters whose brother died in World War II. the family if it would like them to be re- ‘‘He was a good kid, a really good boy,’’ turned for burial. Syria in contravention of U.S. law. Marie Debiase said through tears. ‘‘After 70 Debiase said her family doubted from the In my view, it is unconscionable for years, we’re finally finding out what hap- beginning that the remains were his, but fig- us to provide Russia with the recently pened to him.’’ ured it was a service member who needed announced $550 million contract for 30 All she knew all these years, she said, was burial anyway, so they accepted them. additional Mi-17 helicopters, a pur- that her brother, Peter Sorbo, died when his ‘‘Who we got, I don’t know, but we respect chase the Special Inspector General for plane was shot down over the Rhine in 1943. it as my brother,’’ Debiase said. ‘‘We visit But recently, her sister Joann Devino met the cemetery and put the flags on when they Afghanistan Reconstruction has Carmen Mancuso, one of their brother’s old strongly advised against. need to be put on.’’ friends, at church. Mancuso said his son Sorbo’s loss devastated his family. His fa- American taxpayer dollars should Richard was pretty handy at Internet re- ther was so distraught that he walked off a not be provided to a Russian state- search and may be able to learn a little more 20-year job as a tool setter at Chase Brass & owned corporation that is complicit in about the circumstances of Sorbo’s death. Copper. the murder of tens of thousands of in- The sisters gave them some of their broth- ‘‘He couldn’t handle it,’’ Devino said. nocent Syrian men, women, and chil- er’s letters and other documents, and Rich- The parents doted on and spoiled their re- dren. The Department of Defense has ard Mancuso, a sales manager from Madison maining son. He ended up drafted into the and self-described history buff, got to work. the authority to end this contract with Korean War, returned an alcoholic, and died ‘‘I read a few of them it struck my inter- young. Rosoboronexport, which fails to meet est,’’ he said. ‘‘I started Googling it.’’ Debiase and her husband, Michael, live in a the requirements of the Afghan mili- Mancuso discovered a treasure trove of in- lovely house with a dining room table long tary, and I have joined many of my col- formation, including reports of Sorbo’s death enough to accommodate their many family leagues in urging the administration to written by the men who served with him gatherings. review this sale. that day. Her brother Peter, she said, wanted to go The following story was pieced together The United States must not be into radio. He was funny and kind and pro- from those reports, and from family recollec- tective—all the things an eldest brother complicit in the arming of the Asad re- tions. gime nor in the empowerment of coun- should be to his siblings. Peter Sorbo was working in the United ‘‘We at least know what really happened,’’ tries like Iran, which will triumph if Cigar store late in 1942 when a woman came she said. ‘‘We never knew. I’m glad my par- Asad succeeds. I urge the administra- in and chided him with something like, ents never really knew.’’ tion to impose sanctions on ‘‘What are you doing working here when my Her memories of Peter, she said, she has Rosoboronexport and to demonstrate son is overseas?’’ ‘‘stored away in my heart’’ since she was 9, The tall, quiet 17-year-old took it to heart. the age she was when he died. She’s 79 now to Russia that its behavior in Syria He quit school, to the consternation of his and Devino is 83. will not be cost-free in its relations parents, and enlisted in January 1943. Debiase looked over at that dining room with our Nation. ‘‘I remember every bit of that day he went table, on this day strewn with Sorbo’s sepia- into the Army,’’ Debiase said. ‘‘It was a ter- f toned service photographs. rible blizzard that day.’’ REMEMBERING PETER SORBO For the next several months, he wrote his ‘‘Every holiday you sit down and say, family letters from the European Theater, There should be another chair,’’’ she said. Mr. MURPHY. Madam President, ‘‘But there isn’t.’’ today I wish to honor the service of Mr. mostly general, mundane greetings. Those letters would later prove helpful to Mancuso f Peter Sorbo, of Connecticut, whose in learning how he died. ADDITIONAL STATEMENTS family resides in Waterbury, CT. In In August that same year, the waist gun- January 1943, 18 year-old Peter Sorbo ner on a recently formed B–17 Flying For- enlisted in the Army to serve his coun- tress squadron went AWOL. Sorbo, by then a SANDWICH, NEW HAMPSHIRE try during World War II. Deployed to staff sergeant, was assigned to take his place the European theater and assigned to on a bombing mission over a synthetic fuel ∑ Ms. AYOTTE. Madam President, Bombardment Group 384, Squadron 545, plant in Germany. today I wish to honor Sandwich, NH— It was an extremely dangerous operation. a town in Carroll County that is cele- he served as a waist gunner on a B–17 B–17s were large, obvious and difficult for Flying Fortress and perished on August their gunners to defend. That was especially brating the 250th anniversary of its 12, 1943 after his plane was shot down so for waist gunners, who endured sub-zero founding. I am proud to join citizens above the Rhine. temperatures and thin oxygen while shoot- across the Granite State in recognizing I would like to have printed in the ing Axis fighter planes through a very small this historic event. RECORD an article from the Waterbury window into a powerful airstream that made Sandwich is a picturesque commu- Republican American that outlines it hard to lock onto a target. nity situated in the shadow of the this fascinating story about one of The plane was hit by a 20-mm shell that Sandwich Dome, that has through the caught Sorbo in the neck. Connecticut’s brave soldiers. The plane started to go down under contin- hard work and dedication of its citizens Many of Connecticut’s sons, like uous enemy fire. The crew prepared to bail retained the look and feel of a tradi- Peter Sorbo, gave their lives defending out. One tried desperately to get a parachute tional colonial New Hampshire village. our freedom and they deserve our per- onto Sorbo, who was already dying from his Sandwich was granted a charter by petual gratitude. I ask that this body neck wound. Governor Benning Wentworth on Octo- devote itself to remembering these Then the plane exploded. ber 25, 1763, and derives its name from Six airmen parachuted out, including one John Montague, the 4th Earl of Sand- courageous men and women by hon- who said the blast blew him out of the craft, oring their sacrifices and forever pre- and another who said he saw the plane go wich. Today, the population has grown serving their memories. down as he drifted into the Rhine. to include over 1,300 residents. The following article written by All six survivors were captured by the Carpenters, wheelwrights, and black- Mike Patrick appeared in the July 29, Nazis. Sorbo and three others were killed, in- smiths formed the base of Sandwich’s 2013 edition of the Waterbury Repub- cluding the crewman who tried to save him. vibrant artisan history. The beauty of lican-American. Madam President, I Devino said she often thinks of that heroic the region, and its rich history, has at- airman. ask unanimous consent that it be ‘‘I thought of the family,’’ she said. ‘‘If he tracted a variety of artists to Sand- printed in the RECORD. didn’t stop to try and get a parachute on wich. There being no objection, the article Peter, he might have just been a POW.’’ In 1920, Sandwich Home Industries was ordered to be printed in the The family didn’t know any of this for dec- was founded. Today it is known state- RECORD as follows: ades. wide as the League of New Hampshire After the plane was shot down, the mili- THE TRUTH ... FINALLY Craftsmen. tary sent a letter saying Sorbo was missing Sandwich is also home to one of New IT TOOK DECADES, BUT WATERBURY SISTERS in action. LEARN ABOUT THEIR BROTHER’S DEATH IN ‘‘All those years, we were hoping maybe he Hampshire’s premier agricultural fairs. WORLD WAR II was a prisoner, maybe he would get back,’’ Held every year on Columbus Day WATERBURY.—A family friend, some Inter- Debiase said. ‘‘My mother never stopped hop- weekend, the Sandwich Fair has been net research and the handwritten notes of ing.’’ providing a venue for the celebration of

VerDate Mar 15 2010 06:40 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.058 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6193 New Hampshire’s agrarian history for B–1 pilot in the Air Force. It is nearly standards of achievement for military the past 125 years. 1,800 hours more than any pilot at Ells- personnel and the civilian community. Named for the owner of the nearby worth and nearly 800 hours more than I wish him all the best in his retire- grist mill, the historic covered Durgin anyone Air Force-wide. Over one-quar- ment.∑ Bridge is listed on the National Reg- ter of his flying time, 1,300 hours, are f ister of Historic Places, and has been a combat hours. REMEMBERING KIP YOSHIO part of the community since 1869. Be- He grew up on a ranch near Vargas, TOKUDA fore being washed away in 1865, a pre- MN and joined the Air Force in 1986. In vious span served as a connection to addition to his various duty assign- ∑ Mrs. MURRAY. Madam President, I North Conway for the Underground ments at Ellsworth, Lieutenant Colo- would like to pay tribute to a dedi- Railroad. nel Schepper has also been stationed at cated community leader, compas- Sandwich is a place that has contrib- bases in California, Texas, Mississippi sionate public servant, and advocate uted much to the life and spirit of the and North Dakota and served 3 years as from the State of Washington, Kip State of New Hampshire. I am pleased B–1 Functional Area Manager, B–1 Re- Tokuda. to extend my warm regards to the peo- alistic Training Manager, Deputy Chief I am proud to recognize Kip as the ple of Sandwich as they celebrate the Flight Operations and Training Branch kind of civic champion who did so town’s 250th anniversary.∑ at Air Combat Command Headquarters much for all of the communities he f in Langley, VA. From June 2010 to touched, especially for children and June 2011, he served as Deputy Com- families in need. ROSHOLT, SOUTH DAKOTA mander, 379th Expeditionary Oper- Mr. Tokuda was born in Seattle in ∑ Mr. JOHNSON of South Dakota. ations Group, in Southwest Asia. 1946 and eventually served his home Madam President, I wish to pay tribute His major awards and accomplish- district in the Washington State House to the 100th anniversary of the found- ments include the Bronze Star Medal; of Representatives from 1994 to 2002. ing of Rosholt, SD. Rosholt is a thriv- Global War on Terrorism Service Through his work on behalf of his con- ing agricultural community in north- Medal; Global War on Terrorism Expe- stituents and Washington State, he eastern South Dakota. ditionary Medal; Iraq Campaign Medal; earned a reputation as a deeply prin- Rosholt was named for Julius Afghanistan Campaign Medal; Air cipled legislator and respect from both Rosholt, an entrepreneur whose efforts Force Commendation Medal with three sides of the aisle. brought the railroad to the townsite. oak leaf clusters; Air Force Combat In addition to his service as an elect- Lots were first sold in the newly plat- Action Medal; Meritorious Unit Award ed official, Kip also cofounded the ted town on August 11, 1913, and short- with one oak leaf cluster; Combat Asian Pacific Islander Community ly thereafter residents began to start Readiness Medal with five oak leaf Leadership Foundation, an organiza- businesses that would serve the grow- clusters; National Defense Service tion that empowers young people from ing community. The visionary spirit of Medal with bronze star; Armed Forces Asian Pacific Islander communities to these early pioneers is evident 100 Expeditionary Medal; Meritorious seek leadership positions in govern- years later, as the town gathers for Service Medal with four oak leaf clus- ment and nonprofit organizations. He their centennial celebration. ters; Aerial Achievement Medal; and helped start the Japanese Cultural & Today, folks in Rosholt are as hard- Air Medal with five oak leaf clusters. Community Center of Washington and working and determined as ever, exhib- Lt. Col. Schepper’s feat underscores last year was awarded the Order of the iting the small-town South Dakota val- the great work of all B–1 personnel in Rising Sun from the Emperor of Japan ues that make our State a great place the Air Force as well as civilian per- for his work to build and maintain to live. Numerous prosperous busi- sonnel from Boeing, who have been strong ties between the United States nesses line Main Street and the town is working on the B–1 program since it and Japan. Most recently, he was ap- home to the region’s largest grain ele- was introduced to the Air Force 30 pointed to the city of Seattle’s Com- vator. Rosholt’s educators and students years ago. According to Boeing’s Dan munity Police Commission, where he set a high standard of academic excel- Ruder, who was on hand for Lieutenant worked to create a more diverse police lence that serves as a model for the Colonel Schepper’s record-setting force. rest of our State. The Rosholt School flight arrival back at Ellsworth, the B– But most importantly, he was a dedi- has recently been recognized by the 1 ‘‘has nearly 10,000 combat missions cated father, husband, friend, and men- South Dakota Department of Edu- logged and has been deployed for 8 con- tor to many. cation as a ‘‘Distinguished School.’’ secutive years. This day solidifies how People respected Kip because he re- Rosholt’s history teaches us that the B–1 is still a critical element to our spected them, and even though he ac- when a community comes together it national security.’’ complished so much in his life and can do great things. The citizens of Like many Air Force personnel, earned a position of influence, you Rosholt have an undeniable pride in Lieutenant Colonel Schepper and his could always count on Kip to listen. their community that will serve them wife are quick to credit family as well As a longtime Seattle resident, his well for many generations to come. I as the military and civilian commu- kindness and passion inspired all who am proud to congratulate them on nities for their support over the years. knew him. reaching this historic anniversary and ‘‘My family has always supported me Kip passed away on July 13, 2013 from wish them the best in the future.∑ significantly,’’ said the Ellsworth pilot. a heart attack at the age of 66. f ‘‘I’ve had five deployments over the Kip is survived by his wife Barb and past 10 years, and obviously as every- their two children, Molly and Pei- TRIBUTE TO LIEUTENANT one knows, when you’re away from Ming. COLONEL TIM SCHEPPER home there are a lot of things that still He will be missed by many, but his ∑ Mr. JOHNSON of South Dakota. need to be done. My wife and my kids legacy of service will live on through Madam President, today I wish to rec- had to endure and do a lot of things to the organizations he founded and the ognize LTC Tim Schepper, who on July make up for when I wasn’t around.’’ lives he touched. 15, 2013, became the first pilot to log Added his wife, Tania, ‘‘We have been Mr. President, I would like to ask my 5,000 hours in the B–1 aircraft. part of this community for so long. He colleagues to join me in paying tribute Lieutenant Colonel Schepper is a sen- didn’t just accomplish this on his own. to Kip Tokuda. He lived a full life and ior evaluator for the 28th Operations It takes maintenance, and it takes the our thoughts are with his loved ones at Group and a B–1 pilot at Ellsworth Air help and support of other pilots, and this time of great and sudden loss.∑ Force Base in South Dakota. His im- community members.’’ f pressive flying record on the B–1 high- Lieutenant Colonel Schepper will be lights an Air Force career that spans 27 retiring in August, and I congratulate 50TH ANNUAL ARKANSAS STATE years, including two stints totaling him on his impressive flying record, as CHAMPIONSHIP HORSE SHOW over 14 years at Ellsworth. His record well as his distinguished military serv- Mr. PRYOR. Madam President, it is of 5,000 hours is well ahead of any other ice career, both of which serve as great with pleasure that I rise today to honor

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.046 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6194 CONGRESSIONAL RECORD — SENATE August 1, 2013 the 50th Annual Arkansas State Cham- the electronics industry signing them the two 28-year old men who were pionship Horse Show. In 1963, three on as a local dealer. Sales quickly took caught in the water. The first respond- horse show associations in Arkansas off. Quale’s Electronics expanded to a ers worked in varying capacities, with joined efforts to hold a State eques- new and larger location in 1976. Always some in the water, some aboard the trian championship. This championship striving to stay ahead of the curve, Mr. Hampton Fire Department’s rescue show originated when the Hillbilly Quale sought out and procured deals to boat and others on shore, and acted as Horse Show Association, the Central sell many of the exciting new elec- a unified team to successfully pull the Arkansas Horse Show Association, and tronics that debuted in the 1970s, 1980s, swimmers to safety. the Northeast Central Arkansas Horse and 1990s. Quale Electronics to this day First responders are fundamental to Show Association joined together to remains a family business. Today, the safety of individuals and commu- host a championship competition. Over Helen Quale, and Mr. Quale’s sons, nities in New Hampshire and through- the years, this partnership has ex- Bruce and Steve, spearhead the owner- out the country, as evidenced by the panded to include 12 horse show asso- ship and management responsibilities. lives that were so recently rescued at ciations from across the great State of In addition to running a successful Hampton Beach. These public servants Arkansas. For the past 50 years, the small business, Mr. Quale also takes a came together from across different de- top 5 contenders from each association keen interest in his community, offer- partments and divisions, as they often compete to earn the honor of being ing his time and funding to important do, to perform their selfless work on named the Champion Rider of Arkan- local causes and projects. Mr. Quale behalf of people in need. The work of sas. has previously served as a member of heroes like those in Hampton often Arkansans have long enjoyed riding the Bureau of Land Management Re- goes unnoticed, but it is important horses for sport and pleasure. Horse source Advisory Council for 9 years, that we do not take for granted the shows across the State attract fans public lands advisor for the Magic Val- daily efforts made by all first respond- seeking to witness the athleticism and ley Trail Machine, and 20 years as a ers to make our communities safer and agility of the sportsmen and the precinct committeeman for the Twin improve the quality of life of all Amer- horses. While these riders make it look Falls Republican Party. Additionally, icans. easy, horse riding requires a great deal Mr. Quale is an active member of the I commend these gentlemen for their of balance, coordination, and physical Twin Falls Rotary Club. selfless actions on the night of July 25. strength. Each rider must also exem- The success Mr. Quale has found in The Hampton-area community and all plify self-discipline, responsibility, and his business and the work he has done New Hampshire residents applaud the patience with their horse. Horse riding for his community is a testament to work that dedicated first responders do is important to the people of my State, the important economic and civic good every day. We specifically thank this and I support keeping this heritage that is created by self-employed entre- group of public servants for saving lives on the night of July 25, 2013.∑ strong. preneurs all across the U.S. and a At the 50th Annual Arkansas State prime example of the spirit of Idaho’s f Championship Horse Show later this entrepreneurs. It is inspirational to see ALSTEAD, NEW HAMPSHIRE summer, competitors will again show- a family-owned business with decades- ∑ Mrs. SHAHEEN. Madam President, I case their talent by riding different old roots spanning more than one gen- wish to to commemorate the 250th an- breeds in a variety of equestrian dis- eration continue to grow and succeed. niversary of the town of Alstead, NH. ciplines. They will compete with great Such businesses are vital not only to Alstead was first chartered by Massa- sportsmanship and at the end of the the local and national economy, but chusetts Governor Jonathan Belcher as show one rider will be named as the also to their home communities, and one of nine forts established in 1735 to best in Arkansas. The competitive will always have a prominent place in protect southwestern New Hampshire events will include the talents of Ar- the fabric of the United States.∑ from attack. Once New Hampshire was kansans of all ages and hailing from f decreed its own province, New Hamp- each corner of the State. HAMPTON FIRST RESPONDERS shire Governor Benning Wentworth I ask my colleagues to join me today granted the land, then called Newton, ∑ in congratulating the Arkansas State Mrs. SHAHEEN. Madam President, I in 1752. The area was finally incor- Championship Horse Show on its 50th wish to recognize first responders from porated in 1763 and renamed Alstead in anniversary and in wishing its com- New Hampshire who heroically worked honor of Johann Heinrich Alsted, a petitors and fans a wonderful day of together to save two swimmers who German professor and encyclopedist, celebration. were struggling to make their way whose works were popular at Harvard f back to shore at Hampton Beach in College. Alstead was a predominantly Hampton, NH, on July 25, 2013. QUALE’S ELECTRONICS agricultural community, but its water- On the night of July 25, Hampton ways also provided sufficient power to ∑ Mr. RISCH. Madam President, fam- Fire & Rescue and the Hampton Police run a number of small mills, including ily-owned small businesses are a cru- Department received notification that New Hampshire’s first paper mill, built cial part of America’s landscape. They three individuals swimming in the in 1793. supply a demand in locations all across water at Hampton Beach were unable Alstead boasts a quintessentially the United States, and are built on the to make their way back to shore. First New Hampshire history with the excep- sweat and dedication of their owners responders from the departments im- tion of a small misstep in 1781 when the and employees. It is for this reason mediately sprang into action and town voted to join the State of that today I wish to rise to honor quickly arrived at Hampton Beach. Vermont. Alstead was not alone in this Quale’s Electronics, its founder Mel While one of the three individuals was wavering allegiance after the Revolu- Quale, and all those who now manage rescued by fellow beachgoers, two tionary War, but I am very pleased to and work for this longstanding family young men remained in the water not report that residents came to their business. far from shore, struggling in riptide senses the following year and rejoined In 1966, Mr. Quale opened Quale’s conditions and unable to swim back to the Granite State. Electronics, located in Twin Falls, ID. land. Two hundred and fifty years later, Quale’s Electronics began humbly as a Hampton firefighters including Fire Alstead’s views of Feuer State Park television repair shop, but after only a Chief Christopher Silver, Deputy Fire and Warren Pond serve as a beautiful year in business Mr. Quale expanded Chief Jameson Ayotte, Captain Wil- backdrop to the community’s rich his- his business to include retail television liam Kennedy, Lieutenant Michael tory and small town charm. From Au- and home electronics sales. Small busi- Brillard, Greg Smushkin, Jed gust to October, Alstead will celebrate nesses often have trouble obtaining Carpentier, Nate Denio, Jason New- their sestercentennial with historical deals to outlet products from top man, Kyle Jameson, Kyle Averill, Buck plays and tours, parades, lectures and brands, but Mr. Quale’s persistence in Frost, Matthew Clement, Donald exhibits. the late 1960s through early 1970s paid Thibeault and Hampton Police Officer I congratulate Alstead on this mile- off with several high-level brands in James Deluca worked together to save stone in their history and thank this

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.126 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6195 community for its great contributions milestone for the town of Gilsum, NH, HAVERHILL, NEW HAMPSHIRE ∑ to our State. upon the occasion of its ∑ Mrs. SHAHEEN. Madam President, I f semiquincentennial anniversary. Situ- wish to celebrate and recognize the ated in scenic southwest New Hamp- 250th anniversary of the town of Haver- CANDIA, NEW HAMPSHIRE shire, Gilsum actually received its first hill, NH. ∑ Mrs. SHAHEEN. Madam President, I charter in 1752 under the name Boyle Haverhill, first known as Lower Coos, wish to commemorate the 250th anni- but was never settled. Governor was settled by citizens from Haverhill, versary of the town of Candia, NH. Benning Wentworth re-chartered this MA and incorporated by Governor Candia was first settled in 1743 and land in 1763 to five proprietors, includ- Benning Wentworth in 1763. Haverhill ing Samuel Gilbert and his son-in-law was colloquially known as is situated on our State border, next to Thomas Sumner. The name ‘‘Gilsum’’ ‘‘Charmingfare,’’ perhaps due to its the mouth of the Ammonoosuc River, was a compromise reached to resolve many bridle paths and lovely scenery. and shares much of its heritage with Gilbert and Sumner’s ongoing dispute Gov. Benning Wentworth incorporated its sister city of Newbury in Vermont the town in 1763 and renamed it over the name of their new settlement. Historically, Gilsum was a farming across the Connecticut River. Haver- Candia, likely in honor of the principal hill’s location at the end of the Old city of the Greek island of Crete, which and manufacturing community, making use of the nearby Ashuelot River to Province Road was critical to its rapid he had visited after his graduation power multiple factories by the 1850s. development; this road, one of the ear- from Harvard College. Gilsum also boasted a productive mine, liest highways in New Hampshire, With some of the earliest farmed which provided important economic served as a supply route connecting the land in New Hampshire, Candia grew stability for the town during its early northern and western settlements with into a strong industrial center with the years of development. Today, Gilsum is the seacoast. Haverhill’s village of help of the railroad and well-estab- home to the W.S. Badger Company, a Woodsville hosted a railway supply en- lished mills which dominated its econ- quintessential New Hampshire small terprise that played an important role omy. Today, Candia has become a pop- business success story that now sells in the early years of the Boston, Con- ular tourist destination for its quaint its wonderful skincare products, in- cord and Montreal Railroad. Haverhill New England feel, family-friendly at- cluding its ‘‘Badger Balm,’’ across the may have looked remote on a map, but tractions, beautiful scenery and ease of country. it was clearly a town on the move. travel. Gilsum will mark its 250th anniver- Today, visitors to Haverhill may I was pleased to welcome award-win- sary in August with a parade, talent visit the oldest covered bridge still in ning Candia Vineyards to Washington show, community exhibits and music use in New Hampshire, the Haverhill- this past June for our annual Experi- to commemorate its proud heritage. I Bath Bridge, built in 1829 and listed on ence New Hampshire reception, where rise today to wish Gilsum a joyful cele- the National Register of Historic Granite Staters and Washingtonians bration of this important milestone Places. The Haverhill Historic Society alike could sample their wonderful and thank all its citizens for their con- has painstakingly curated many arti- wares. tributions to New Hampshire.∑ facts from the town’s long and indus- Candia will honor this 250th mile- f trious history and hosts fascinating stone through a yearlong series of cele- lectures throughout the year. Haverhill brations commemorating their long HAMPTON, NEW HAMPSHIRE is also home to the Museum of Amer- and rich history. I congratulate this ∑ Mrs. SHAHEEN. Madam President, I ican Weather, which offers an unusual wonderful community on their rise today to congratulate the town of and insightful view into New England sestercentennial and wish them contin- Hampton, NH, on the occasion of its history through its exhibits docu- ued success for their next 250 years.∑ 375th anniversary. menting weather events across our re- Coastal Hampton is one of the 4 f gion. original New Hampshire townships The town of Haverhill will celebrate CROYDON, NEW HAMPSHIRE chartered by the General Court of Mas- its semiquincentennial jointly with ∑ Mrs. SHAHEEN. Madam President, I sachusetts. It was first settled in 1638 Newbury, VT through a series of events rise today to commemorate the 250th under the name Winnacunnet, an this year, culminating in an old-fash- anniversary of the town of Croydon, Algonquian word meaning ‘‘pleasant ioned skating party in December. I NH. pines. ‘‘ One year later, Winnacunnet’s congratulate Haverhill on 250 years of The town of Croydon was incor- Puritan settlers renamed the town accomplishments, and thank its citi- porated and granted in 1763 by Gov. ‘‘Hampton’’ to honor the birthplace of zens for their many contributions to Benning Wentworth. Named for the their leader Reverend Stephen the Granite State.∑ Bachiler, a colorful figure whose de- London suburb of Croydon, England, f our Croydon is situated on the high- scendants still populate Hampton lands between the Connecticut and today. LISBON, NEW HAMPSHIRE Hampton was a modest but bustling Merrimack Rivers. It is home to Corbin ∑ community whose early industry cen- Mrs. SHAHEEN. Madam President, I Park, one of the largest private game tered around farming and fishing. All congratulate the residents of the town reserves in New England. Visitors may that changed with the arrival of the of Lisbon, NH as they celebrate its hunt a variety of animals including railroad in 1840. Visitors from Boston 250th anniversary. elk, European boar and bison on 24,000 and other cities soon discovered the Lisbon’s roots date back to 1749, acres of forested and mountainous ter- charms of Hampton’s stunning coast- when Samuel Martin went on a hunt- rain. Croydon also boasts the Croydon line, aided by the Exeter, Hampton and ing trip with his son in the wilderness Village School, one of two remaining Amesbury Trolley line, which con- along the Ammonoosuc River in the one-room schoolhouses still in use in nected inland mill towns to the sea- White Mountains. This beautiful region the State of New Hampshire. coast. Today, thousands of visitors made a lasting impression on Martin, Today, Croydon’s quaint, small-town flock to Hampton’s beaches to surf, who returned to build a small cabin on feel and natural beauty continue to sunbathe, or take to the high seas on Henry Pond with his family. This area charm visitors and residents alike chartered fishing or whale watching ex- would soon be settled and named the today. I congratulate this close-knit peditions. Gunthwaite settlement, which grew in community on their sestercentennial The Hampton Historical Society will size as soldiers returned from the Revo- anniversary and wish them continued host a series of events throughout 2013 lutionary War. In 1824, Gov. Levi success in their next 250 years.∑ to commemorate this important mile- Woodbury renamed the town Lisbon in f stone through a series of lectures and honor of his friend Colonel William town-wide activities. I congratulate Jarvis, who had been appointed by GILSUM, NEW HAMPSHIRE this beautiful town on 375 years of suc- President Thomas Jefferson to be the ∑ Mrs. SHAHEEN. Madam President, cess and thank them for their contribu- United States consul in Lisbon, Por- today I wish to recognize an important tions to our great State.∑ tugal.

VerDate Mar 15 2010 07:52 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.079 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6196 CONGRESSIONAL RECORD — SENATE August 1, 2013 The Ammonoosuc River provided a into Massachusetts and further north- SANDWISH, NEW HAMPSHIRE natural source of power for mills and east. In the 1940s, New Boston became ∑ Mrs. SHAHEEN. Madam President, I factories that bolstered Lisbon’s indus- the proud home of two military insti- wish to honor the town of Sandwich, try and helped it grow into a bustling tutions: the Gravity Research Founda- NH, on the occasion of its 250th anni- town. At one time, Lisbon’s Parker tion, which conducted research in versary. Young Company was the largest manu- hopes of creating a gravitational Sandwich is a quintessential New facturer of piano sounding boards in shielding system, and the New Boston England village between the foothills the world. Lisbon was also the first site Air Force Station, which tracks mili- of the White Mountains and breath- in New Hampshire to have a ski rope tary satellites. taking Squam Lake. Sandwich was tow. New Boston continues to inspire our chartered in 1763 by Governor Benning Many of Lisbon’s residents are de- State with its industrious and creative Wentworth and named for John scended from the town’s original set- spirit. There is much to celebrate in Montagu, the 4th Earl of Sandwich. tlers and feel a strong commitment to New Boston’s 250 years, and I am sure Lord Sandwich held various distin- preserving their town’s history. Lisbon that the next 250 years will be equally guished positions in British politics proudly honors New Hampshire’s State or even more successful.∑ and its military, but is perhaps best flower during its annual Lilac Festival, known for his purported invention of a held every Memorial Day weekend. Lis- f slice of meat between two slices of bon is also known for its public library, bread to sustain him while playing which houses nearly 10,000 volumes and PLYMOUTH, NEW HAMPSHIRE cards. serves neighboring towns Lyman and Sandwich’s land would later double ∑ Landaff. On August 10, 2013, Lisbon Mrs. SHAHEEN. Madam President, I in size due to many concerns that the residents and friends will come to- wish to congratulate the town of Plym- original grant was too inaccessible for gether to commemorate their 250th an- outh, NH on their 250th anniversary. a permanent settlement. In fact, from niversary with music and community Plymouth sits at the geographic cen- this expansion, Sandwich remains one events to celebrate their past, present ter of New Hampshire on the west bank of the largest towns in New Hampshire and future. of the Pemigewasset River. Gov. today. The first settlers arrived 4 years I wish the town of Lisbon a wonderful Benning Wentworth granted this plot later, and by the early 19th Century celebration and congratulate its citi- of land to returning soldiers from the the town of Sandwich had grown from zens on this milestone in New Hamp- French and Indian War and named it uncharted wilderness into a bustling shire history.∑ New Plymouth, after the original community of farms, schools, churches, Plymouth Colony in Massachusetts. traders, and artisans. f Plymouth’s unparalleled views of Sandwich’s local fair is a wonderful NEW BOSTON, NEW HAMPSHIRE mountains, fields and forests provide a New Hampshire tradition that cele- ∑ Mrs. SHAHEEN. Madam President, I stunning backdrop to a bustling town brated its 100th anniversary last year. wish today to honor the town of New noted for its focus on industry and edu- The Sandwich Fair has origins as far Boston, NH, which celebrates its 250th cation, as well as its historical signifi- back as 1886, when local farmers gath- anniversary this year. As its name sug- cance. ered together to show off their live- gests, New Boston’s long and admirable Plymouth’s educational commitment stock in hopes of drawing a crowd to history bridges that of New Hampshire began with its earliest settlers, whose trade and sell their goods. The event and our neighbor Massachusetts. children were predominantly literate. quickly grew to include community New Boston’s first settlers came This devotion to education continues events such as band performances, north in search of new opportunity. today through Plymouth State Univer- beautiful baby contests, and, in the The land was originally granted in 1736 sity, one of the area’s oldest and finest 21st Century, carnival rides. Sand- by the regional governor of Massachu- institutions that counts Poet Laureate wich’s vibrant community, natural setts and New Hampshire, Jonathan Robert Frost as a former faculty mem- beauty, outdoor activities and historic Belcher. Records show that locals had ber. Every September, the Plymouth and cultural events continue to draw originally planned to christen the town population doubles from 4,000 to 8,000 visitors year-round. I congratulate Sandwich on this im- ‘‘Lanestown,’’ but over time referred to as students return to campus to take portant milestone and wish all citizens the property as New Boston in honor of advantage of the rich opportunities of- of Sandwich the best for their next 250 their former home. From 1736 until fered at this university. years.∑ 1763, New Boston was legally part of Plymouth was originally an indus- Massachusetts; but during the course trial center known for its buck glove f of those 30 years, the original grantees industry, its farming and its logging THORNTON, NEW HAMPSHIRE failed to establish a proper claim. In industry. It was also home to Draper ∑ Mrs. SHAHEEN. Madam President, I 1763, New Boston was formally incor- and Maynard, a renowned sporting wish to recognize of the 250th anniver- porated and recognized as part of New goods purveyor that supplied baseball sary of Thornton, NH. Nestled in the Hampshire by Governor Benning Went- gloves to Babe Ruth and his Boston beautiful Pemigewasset River Valley worth. Red Sox teammates. in the White Mountains, the land that From its first census, we know that Plymouth’s strong tourism and ski- became Thornton was originally grant- New Boston’s residents quickly estab- ing tradition dates back to the 1930s, ed to a small group of settlers on July lished a bustling community, building when the once ubiquitous snow trains 6, 1763 and subsequently incorporated a lumber mill and clearing 200 acres of brought hundreds of skiers from Bos- in 1781. Thornton is named for one of land. By the early 19th century, New ton and other cities to the slopes of the those original settlers, Matthew Boston boasted 16 school houses, a bark White Mountains. Plymouth has taken Thornton, who would later become the mill, clothing mills, over 25 saw mills great strides to preserve this history first speaker of the New Hampshire and even a tavern to host both trav- and heritage through the recently House of Representatives and New elers and townsfolk after a long day. opened Museum of the White Moun- Hampshire’s delegate to the Conti- Unfortunately, many documents de- tains, which houses treasured art and nental Congress. Thornton, who signed picting New Boston’s origins were de- artifacts from more than a century Declaration of Independence, was an stroyed by the Great Village Fire of ago. The town continues to attract early and vocal advocate for compete 1887, which ravaged the town and set tourists hoping to see a quintessential independence from England. over 40 of its buildings ablaze. New New England town in action and re- Thornton was also the birthplace of Boston’s residents were undeterred by mains a popular year-round destination Moses Cheney, an abolitionist and con- this tragedy, taking stock and quickly for camping, hiking and winter sports. ductor on the Underground Railroad. rebuilding their industrial center. I congratulate Plymouth on its 250th Cheney founded and oversaw the print- By 1893, New Boston had a railroad anniversary and wish all its citizens a ing of the Morning Star, an aboli- station, allowing merchants to move joyous year of celebration of their tionist Freewill Baptist newspaper dis- goods and services through their town proud history.∑ tributed in New England from 1833 to

VerDate Mar 15 2010 08:35 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.092 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6197 1874. Cheney’s two sons added to their honor Senator Norris Cotton, a Warren team out there—the tallest player was father’s legacy through their own nota- native who served a long career in both Lonnie Sparrow at 6 feet 3 inches—and ble contributions to New England. the New Hampshire General Court and they were never considered the team to Elder son Oren Cheney was the founder the United States Congress. beat. They were not even considered and first president of Bates College in I honor Warren’s sestercentennial the best team at Howard High. The Maine, and his younger brother Person and congratulate its residents on this highly touted ’72 squad had included Cheney served as a U.S. Senator and important milestone.∑ John Irving who is still one of only two Governor of New Hampshire. f players in Hofstra University history Thornton’s original colonial meet- to accumulate 1,000 points and 1,000 re- inghouse, built in 1789, still stands in WOODSTOCK, NEW HAMPSHIRE bounds, and led them to their first two the center of town. Meetinghouses like ∑ Mrs. SHAHEEN. Madam President, NCAA tournament appearances. They this are considered the birthplace of today I wish to congratulate the town could only draw from a small student small town democracy. This building of Woodstock, NH, on their body of about 700 to 800 students, in hosted town meetings from 1790 to 1954. sestercentennial anniversary. contrast to some of the other local Today, it is being painstakingly re- Woodstock actually began as Peeling, high schools. stored by the Thornton Historical Soci- NH, as decreed by Governor Benning But what Sparrow, Mike Miller, Eric ety for future use as a museum to Wentworth’s 1763 charter. After a num- Fuller, Kenny Hynson, Wayne Parson, house the town’s artifacts and docu- ber of controversial name changes, the Dave Roane, Istavan Norwood, Lemuel ments from its long and proud history. town eventually became known as Glover, Rich Miles, Joe Robinson, Isa- I honor this town’s strong heritage Woodstock in 1840, possibly thanks to iah Reason, and Ernest Coleman had and wish its citizens a wonderful inspiration from the name of a novel was better than height or the praise of sestercentennial celebration.∑ by Sir Walter Scott. Appropriately, outsiders. They had coaches that believed in them in Jay Thomas and Stan f logging was thickly-forested Wood- stock’s primary industry, aided by the Hill, and they had a tight-knit group of WARREN, NEW HAMPSHIRE Pemigewasset River’s power to run supporters in the school and the com- ∑ Mrs. SHAHEEN. Madam President, their saw mills and transport timber munity. Most of all, they had each other, and by playing ball together, today I wish to celebrate the 250th an- down to Lowell, MA. The arrival of the they accomplished what no other team niversary of Warren, NH. Situated in Gordon Pond Railroad helped the in- had done in Delaware history. Their the White Mountain region just south dustry but also leveled thousands of amazing story includes last-minute of Franconia Notch, residents of War- acres of Woodstock forest. buzzer shots to make it to the cham- ren are surrounded by stunning wooded These areas have long since recov- pionships, and even a climactic show- scenery that is quintessential North ered and 80 percent of Woodstock’s land down with long-time rivals Wilmington Country. Warren is a truly perfect ex- area is now protected under the White High, who had ended the school’s ample of small town New Hampshire. Mountain National Forest, which In 1763, Gov. Benning Wentworth dreams of a championship the previous draws droves of tourists each year. In year. It is a story made for Hollywood. granted a tract of land to John Page, fact, Woodstock’s and neighboring In a fitting epilogue, they each con- who settled on this land 4 years later. Thornton’s forests make up Hubbard tinue their tradition of quality through The area would be officially incor- Brook Experimental Forest, one of the teamwork as teachers, coaches, coun- porated in 1770 by Benning Went- world’s longest running ecosystem selors, ministers, businessmen, mem- worth’s nephew and successor, Gov. studies. For 50 years, Hubbard Brook bers of the Armed Services, and civil John Wentworth. Warren is one of two has provided scientists and researchers servants. towns in New England that were named with critical data and resources that But there is one more thing that for Admiral Sir Peter Warren of Coun- identify and address environmental must be noted. Named after the same ty Meath, Ireland. Admiral Warren, a issues. Civil War general that Howard Univer- high ranking officer in the British Woodstock is also home to local fa- sity honors and built around the same Royal Navy, commanded a fleet that vorite Woodstock Inn Station and time, Howard was the first—and for joined forces from Massachusetts to Brewery, a five time regional res- many years only—African-American lay siege and capture the fort at taurant winner of New Hampshire Mag- high school in Delaware. During the Louisbourg, Nova Scotia in 1745. This azine’s ‘‘Best of New Hampshire’’ fea- 1950’s the shameful neglect towards the victory united the colonies against ture. I was pleased to welcome this institution led to a court case chal- Canada, as well as providing them with business to Washington in June for our lenging separate-but-equal laws that crucial fishing and fur trading rights. annual Experience New Hampshire re- went on to become one of the five de- For the better half of the 20th cen- ception, where they shared their deli- cided in the Brown v. Board Supreme tury, the Glencliff State Sanatorium cious craft beers and other products Court decision. By the time of the ’73 operated in the village of Glencliff in with Senators and their fellow Granite Wildcats, schools were desegregated Warren. Before the advent of anti- Staters. but the poison of decades of racism per- biotics, it was thought that the thin, I congratulate Woodstock on this im- sisted. pure mountain air of the North Coun- portant milestone and wish the com- It was in this context that the all- try could cure tuberculosis, and nearly munity continuing success for their black Howard team relied on each 4,000 patients sought respite and cure next 250 years.∑ other, and did the impossible in Dela- in the White Mountains facility until f ware. As such, they are an example to its closing and conversion to Glencliff all of us—especially, I think, to those DELAWARE’S DREAM TEAM Home for the Elderly in 1970. While of us in the Senate faced with tough modern medicine has advanced by ∑ Mr. COONS. Madam President, Dela- challenges for the future. You see, leaps and bounds, we certainly under- ware is known as the First State, and when everyone is betting against us, stand why a patient would seek the se- I rise today to commemorate a first in when it seems like we somehow lack rene beauty of the North Country as a my State. Forty years ago, the Howard the stature to get the job done, or when cure for any ill. High men’s basketball team became the world around us is tumultuous and Warren’s most famous landmark is a the first boys’ basketball team in the seems more than any one of us alone Redstone Ballistics Missile, which State-tournament era to complete an can handle, we need to join together, stands in the center of the village undefeated season. The 1973 Wildcats find ways to trust each other, and get green today. These missiles were com- were honored for that achievement in the job done. The 1973 Howard High missioned by the U.S. Army in West Wilmington earlier this year, but today Wildcats just wanted to play great bas- Germany during the Cold War as de- I would like to honor them on the ketball, and they did in storybook fense against the former Soviet Union Floor of the Senate. fashion. But in doing so, they became and were the first to carry live nuclear You see, the story of the ’73 Wildcats an inspiration to their friends, family, warheads. This decommissioned missile tells you something about my home community, and at least one U.S. Sen- was placed in the center of town to State. They were never the tallest ator.∑

VerDate Mar 15 2010 07:52 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.096 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6198 CONGRESSIONAL RECORD — SENATE August 1, 2013 MESSAGES FROM THE PRESIDENT 106–79, as amended, and the order of the EXECUTIVE AND OTHER Messages from the President of the House of January 3, 2013, the Speaker COMMUNICATIONS United States were communicated to appoints the following Members on the The following communications were the Senate by Mr. Williams, one of his part of the House of Representatives to laid before the Senate, together with secretaries. the Dwight D. Eisenhower Memorial accompanying papers, reports, and doc- Commission: Mr. BISHOP of Georgia, f uments, and were referred as indicated: and Mr. THOMPSON of California. EC–2490. A communication from the Attor- EXECUTIVE MESSAGES REFERRED ENROLLED BILLS SIGNED ney-Advisor, U.S. Coast Guard, Department As in executive session the Presiding At 1:00 p.m., a message from the of Homeland Security, transmitting, pursu- Officer laid before the Senate messages House of Representatives, delivered by ant to law, the report of a rule entitled ‘‘Spe- from the President of the United Mrs. Cole, one of its reading clerks, an- cial Local Regulations; Dinghy Poker Run, States submitting sundry nominations nounced that the Speaker has signed Middle River; Baltimore County, Essex, MD’’ the following enrolled bills: ((RIN1625–AA08) (Docket No. USCG–2013– and a withdrawal which were referred 0489)) received in the Office of the President to the appropriate committees. H.R. 2611. An act to designate the head- of the Senate on July 17, 2013; to the Com- (The messages received today are quarters building of the Coast Guard on the mittee on Commerce, Science, and Transpor- printed at the end of the Senate campus located at 2701 Martin Luther King, tation. proceedings.) Jr., Avenue Southeast in the District of Co- EC–2491. A communication from the Attor- lumbia as the ‘‘Douglass A. Munro Coast ney-Advisor, U.S. Coast Guard, Department f Guard Headquarters Building’’, and for other of Homeland Security, transmitting, pursu- MESSAGES FROM THE HOUSE purposes. ant to law, the report of a rule entitled ‘‘Spe- H.R. 2167. An act to authorize the Sec- cial Local Regulations; Revision of 2013 At 10:15 a.m., a message from the House of retary of Housing and Urban Development to America’s Cup Regulated Area, San Fran- Representatives, delivered by Mr. Novotny, establish additional requirements to improve cisco Bay; San Francisco, CA’’ ((RIN1625– one of its reading clerks, announced that the the fiscal safety and soundness of the home AA08) (Docket No. USCG–2011–0551)) received House has passed the following bills, in equity conversion mortgage insurance pro- in the Office of the President of the Senate which it requests the concurrence of the Sen- gram. on July 17, 2013; to the Committee on Com- ate: The enrolled bills were subsequently merce, Science, and Transportation. H.R. 313. An act to amend title 5, United signed by the President pro tempore EC–2492. A communication from the Attor- States Code, to institute spending limits and (Mr. LEAHY). ney-Advisor, U.S. Coast Guard, Department transparency requirements for Federal con- ENROLLED BILL SIGNED of Homeland Security, transmitting, pursu- ference and travel expenditures, and for At 1:30 p.m., a message from the ant to law, the report of a rule entitled ‘‘Spe- other purposes. cial Local Regulation; Tall Ships Celebra- H.R. 1660. An act to require the establish- House of Representatives, delivered by tion Bay City, Bay City, MI’’ ((RIN1625– ment of Federal customer service standards Mrs. Cole, one of its reading clerks, an- AA08) (Docket No. USCG–2013–0368)) received and to improve the service provided by Fed- nounced that the Speaker has signed in the Office of the President of the Senate eral agencies. the following enrolled bill: on July 17, 2013; to the Committee on Com- H.R. 2768. An act to amend the Internal H.R. 1911. An act to amend the Higher Edu- merce, Science, and Transportation. Revenue Code of 1986 to clarify that a duty of cation Act of 1965 to establish interest rates EC–2493. A communication from the Attor- the Commissioner of Internal Revenue is to for new loans made on or after July 1, 2013, ney-Advisor, U.S. Coast Guard, Department ensure that Internal Revenue Service em- to direct the Secretary of Education to con- of Homeland Security, transmitting, pursu- ployees are familiar with and act in accord vene the Advisory Committee on Improving ant to law, the report of a rule entitled ‘‘Spe- with certain taxpayer rights. Postsecondary Education Data to conduct a cial Local Regulations; Red Bull Flugtag Na- H.R. 2769. An act to impose a moratorium study on improvements to postsecondary tional Harbor Event, Potomac River; Na- on conferences held by the Internal Revenue education transparency at the Federal level, tional Harbor Access Channel, MD’’ Service. and for other purposes. ((RIN1625–AA08) (Docket No. USCG–2013– The message also announced that the The enrolled bill was subsequently 0114)) received in the Office of the President House agrees to the amendment of the signed by the President pro tempore of the Senate on July 17, 2013; to the Com- Senate to the bill (H.R. 1911) to amend mittee on Commerce, Science, and Transpor- (Mr. LEAHY). tation. the Higher Education Act of 1965 to es- f EC–2494. A communication from the Attor- tablish interest rates for new loans ney-Advisor, U.S. Coast Guard, Department made on or after July 1, 2013, to direct MEASURES REFERRED of Homeland Security, transmitting, pursu- the Secretary of Education to convene The following bills were read the first ant to law, the report of a rule entitled ‘‘Se- the Advisory Committee on Improving and the second times by unanimous curity Zone; Naval Exercise; Pacific Ocean, Postsecondary Education Data to con- consent, and referred as indicated: Coronado, CA’’ ((RIN1625–AA87) (Docket No. duct a study on improvements to post- H.R. 313. An act to amend title 5, United USCG–2013–0482)) received in the Office of the secondary education transparency at States Code, to institute spending limits and President of the Senate on July 17, 2013; to transparency requirements for Federal con- the Committee on Commerce, Science, and the Federal level, and for other pur- Transportation. poses. ference and travel expenditures, and for other purposes; to the Committee on Home- EC–2495. A communication from the Dep- uty Bureau Chief, Wireline Competition Bu- At 11:43 a.m., a message from the land Security and Governmental Affairs. H.R. 850. An act to impose additional reau, Federal Communications Commission, House of Representatives, delivered by human rights and economic and financial transmitting, pursuant to law, the report of Mrs. Cole, one of its reading clerks, an- sanctions with respect to Iran, and for other a rule entitled ‘‘Connect America Fund’’ nounced that the House has passed the purposes; to the Committee on Banking, ((RIN3060–AF85) (FCC 13–73)) received in the following bills, in which it requests the Housing, and Urban Affairs. Office of the President of the Senate on June concurrence of the Senate: H.R. 1660. An act to require the establish- 17, 2013; to the Committee on Commerce, Science, and Transportation. H.R. 850. An act to impose additional ment of Federal customer service standards and to improve the service provided by Fed- EC–2496. A communication from the Dep- human rights and economic and financial eral agencies; to the Committee on Home- uty Bureau Chief, Wireline Competition Bu- sanctions with respect to Iran, and for other land Security and Governmental Affairs. reau, Federal Communications Commission, purposes. H.R. 2565. An act to provide for the termi- transmitting, pursuant to law, the report of H.R. 2565. An act to provide for the termination of employment of employees of the a rule entitled ‘‘Review of Wireline Competi- nation of employment of employees of the Internal Revenue Service who take certain tion Bureau Data Practices, Computer III Internal Revenue Service who take certain official actions for political purposes; to the Further Remand Proceedings: Bell Operating official actions for political purposes. Committee on Finance. Company Provision of Enhanced Services; The message further announced that H.R. 2768. An act to amend the Internal 1998 Biennial Regulatory Review—Review of the House has agreed to the following Revenue Code of 1986 to clarify that a duty of Computer III and ONA Safeguards and Re- concurrent resolution, in which it re- the Commissioner of Internal Revenue is to quirements’’ ((RIN3060–AK03) (FCC 13–69)) requests the concurrence of the Senate: ensure that Internal Revenue Service em- ceived in the Office of the President of the ployees are familiar with and act in accord Senate on June 17, 2013; to the Committee on H. Con. Res. 41. Concurrent resolution en- with certain taxpayer rights; to the Com- Commerce, Science, and Transportation. couraging peace and reunification on the Ko- mittee on Finance. EC–2497. A communication from the Dep- rean Peninsula. H.R. 2769. An act to impose a moratorium uty Chief, Public Safety and Homeland Secu- The message also announced that on conferences held by the Internal Revenue rity Bureau, Federal Communications Com- pursuant to section 8162 of Public Law Service; to the Committee on Finance. mission, transmitting, pursuant to law, the

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.008 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6199 report of a rule entitled ‘‘Facilitating the ((RIN1625–AA00) (Docket No. USCG–2013– 0383)) received in the Office of the President Deployment of Text-to-911 and Other Next 0495)) received in the Office of the President of the Senate on July 17, 2013; to the Com- Generation 911 Applications Framework for of the Senate on July 17, 2013; to the Com- mittee on Commerce, Science, and Transpor- Next Generation 911 Deployment’’ (FCC 13– mittee on Commerce, Science, and Transpor- tation. 64) received in the Office of the President of tation. EC–2514. A communication from the Attor- the Senate on June 17, 2013; to the Com- EC–2506. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- tation. of Homeland Security, transmitting, pursuant to law, the report of a rule entitled EC–2498. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Safety Zone; San Diego Symphony Summer ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Fifth Coast Guard District POPS Fireworks 2013 Season, San Diego, of Homeland Security, transmitting, pursu- Fireworks Displays, Delaware River; Phila- CA’’ ((RIN1625–AA00) (Docket No. USCG– ant to law, the report of a rule entitled delphia, PA’’ ((RIN1625–AA00) (Docket No. 2013–0388)) received in the Office of the Presi- ‘‘Regulated Navigation Areas; Bars along the USCG–2013–0493)) received in the Office of the dent of the Senate on July 17, 2013; to the Coasts of Oregon and Washington’’ President of the Senate on July 17, 2013; to Committee on Commerce, Science, and ((RIN1625–AC01) (Docket No. USCG–2013– the Committee on Commerce, Science, and Transportation. 0216)) received in the Office of the President Transportation. EC–2515. A communication from the Attor- of the Senate on July 17, 2013; to the Com- EC–2507. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- tation. of Homeland Security, transmitting, pursuant to law, the report of a rule entitled EC–2499. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Safety Zone; City of Martinez Fourth of ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Grand Haven 4th of July Fire- July Fireworks Display, Carquinez Strait, of Homeland Security, transmitting, pursu- works; Grand River; Grand Haven, MI’’ Martinez, CA’’ ((RIN1625–AA00) (Docket No. ant to law, the report of a rule entitled ((RIN1625–AA00) (Docket No. USCG–2013– USCG–2013–0345)) received in the Office of the ‘‘Navigation and Navigable Waters; Tech- 0547)) received in the Office of the President President of the Senate on July 17, 2013; to nical, Organizational, and Conforming of the Senate on July 17, 2013; to the Com- the Committee on Commerce, Science, and Amendments’’ ((RIN1625–AC06) (Docket No. mittee on Commerce, Science, and Transpor- Transportation. USCG–2013–0397)) received in the Office of the tation. EC–2516. A communication from the Attor- President of the Senate on July 17, 2013; to EC–2508. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Transportation. of Homeland Security, transmitting, pursuant to law, the report of a rule entitled EC–2500. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Safety Zone; City of Vallejo Fourth of July ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Margate Mother’s Association Fireworks Display, Mare Island Strait, of Homeland Security, transmitting, pursu- Fireworks Display, Atlantic Ocean; Margate, Vallejo, CA’’ ((RIN1625–AA00) (Docket No. ant to law, the report of a rule entitled NJ’’ ((RIN1625–AA00) (Docket No. USCG– USCG–2013–0355)) received in the Office of the ‘‘Safety Zone; Outer Banks Bluegrass Fes- 2013–0494)) received in the Office of the Presi- President of the Senate on July 17, 2013; to tival; Shallowbag Bay, Manteo, NC’’ dent of the Senate on July 17, 2013; to the the Committee on Commerce, Science, and ((RIN1625–AA00) (Docket No. USCG–2013– Committee on Commerce, Science, and Transportation. EC–2517. A communication from the Attor- 0330)) received in the Office of the President Transportation. ney-Advisor, U.S. Coast Guard, Department of the Senate on July 17, 2013; to the Com- EC–2509. A communication from the Attor- of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled tation. of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Fifth Coast Guard District EC–2501. A communication from the Attor- ant to law, the report of a rule entitled Firework Display, Pagan River; Smithfield, ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Fort Monroe Fireworks Dis- VA’’ ((RIN1625–AA00) (Docket No. USCG– of Homeland Security, transmitting, pursu- play, Chesapeake Bay, Hampton, VA’’ 2013–0473)) received in the Office of the Presi- ant to law, the report of a rule entitled ((RIN1625–AA00) (Docket No. USCG–2013– dent of the Senate on July 17, 2013; to the ‘‘Safety Zone; Venetian Fireworks; Kala- 0443)) received in the Office of the President Committee on Commerce, Science, and mazoo Lake, Saugatuck, MI’’ ((RIN1625– of the Senate on July 17, 2013; to the Com- Transportation. AA00) (Docket No. USCG–2013–0539)) received mittee on Commerce, Science, and Transpor- EC–2518. A communication from the Attor- in the Office of the President of the Senate tation. ney-Advisor, U.S. Coast Guard, Department on July 17, 2013; to the Committee on Com- EC–2510. A communication from the Attor- of Homeland Security, transmitting, pursu- merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled EC–2502. A communication from the Attor- of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Tennessee River, Mile 625.5 to ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled 626.5’’ ((RIN1625–AA00) (Docket No. USCG– of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Big Bay Boom, San Diego Bay; 2013–0408)) received in the Office of the Presi- ant to law, the report of a rule entitled San Diego, CA’’ ((RIN1625–AA00) (Docket No. dent of the Senate on July 17, 2013; to the ‘‘Safety Zone; Feast of Lanterns Fireworks USCG–2013–0059)) received in the Office of the Committee on Commerce, Science, and Display, Pacific Grove, CA’’ ((RIN1625–AA00) President of the Senate on July 17, 2013; to Transportation. (Docket No. USCG–2013–0238)) received in the the Committee on Commerce, Science, and EC–2519. A communication from the Attor- Office of the President of the Senate on July Transportation. ney-Advisor, U.S. Coast Guard, Department 17, 2013; to the Committee on Commerce, EC–2511. A communication from the Attor- of Homeland Security, transmitting, pursu- Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled EC–2503. A communication from the Attor- of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Northside Park Pier Fire- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled works Display, Assawoman Bay, Ocean City, of Homeland Security, transmitting, pursu- ‘‘Safety Zone; National Cherry Festival Air MD’’ ((RIN1625–AA00) (Docket No. USCG– ant to law, the report of a rule entitled Show and Fireworks Display, West Grand 2013–0439)) received in the Office of the Presi- ‘‘Safety Zone; City of Menominee 4th of July Traverse Bay, Traverse City, MI’’ ((RIN1625– dent of the Senate on July 17, 2013; to the Fireworks, Green Bay, Menominee, MI’’ AA00) (Docket No. USCG–2013–0189)) received Committee on Commerce, Science, and ((RIN1625–AA00) (Docket No. USCG–2013– in the Office of the President of the Senate Transportation. 0540)) received in the Office of the President on July 17, 2013; to the Committee on Com- EC–2520. A communication from the Attor- of the Senate on July 17, 2013; to the Com- merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- EC–2512. A communication from the Attor- of Homeland Security, transmitting, pursu- tation. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled EC–2504. A communication from the Attor- of Homeland Security, transmitting, pursu- ‘‘Safety Zone; America’s Cup Safety Zone ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled and No Loitering Area, San Francisco, CA’’ of Homeland Security, transmitting, pursu- ‘‘Safety Zones; Annual Independence Day ((RIN1625–AA00) (Docket No. USCG–2013– ant to law, the report of a rule entitled Fireworks Displays, Skagway, Haines, and 0551)) received in the Office of the President ‘‘Safety Zone; Summer in the City Water Ski Wrangell, AK’’ ((RIN1625–AA00) (Docket No. of the Senate on July 17, 2013; to the Com- Show; Fox River, Green Bay, WI’’ ((RIN1625– USCG–2013–0078)) received in the Office of the mittee on Commerce, Science, and Transpor- AA00) (Docket No. USCG–2013–0541)) received President of the Senate on July 17, 2013; to tation. in the Office of the President of the Senate the Committee on Commerce, Science, and EC–2521. A communication from the Attor- on July 17, 2013; to the Committee on Com- Transportation. ney-Advisor, U.S. Coast Guard, Department merce, Science, and Transportation. EC–2513. A communication from the Attor- of Homeland Security, transmitting, pursu- EC–2505. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- ‘‘Safety Zone; South Park Bridge Construc- of Homeland Security, transmitting, pursuant to law, the report of a rule entitled tion, Lower Duwamish Waterway, Seattle, ant to law, the report of a rule entitled ‘‘Safety Zone; Execpro Services Fireworks WA’’ ((RIN1625–AA00) (Docket No. USCG– ‘‘Safety Zone; Sugar House Casino Fireworks Display, Lake Tahoe, Incline Village, NV’’ 2013–0452)) received in the Office of the Presi- Display, Delaware River; Philadelphia, PA’’ ((RIN1625–AA00) (Docket No. USCG–2013– dent of the Senate on July 17, 2013; to the

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.010 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6200 CONGRESSIONAL RECORD — SENATE August 1, 2013 Committee on Commerce, Science, and tration, Department of Transportation, tration, Department of Transportation, Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–2522. A communication from the Para- a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Amendment of Class E Air- legal Specialist, Federal Aviation Adminis- proach Procedures; Miscellaneous Amend- space; Ogallala, NE’’ ((RIN2120–AA66) (Dock- tration, Department of Transportation, ments (53); Amdt. No. 3543’’ (RIN2120–AA65) et No. FAA–2012–1138)) received during ad- transmitting, pursuant to law, the report of received during adjournment of the Senate journment of the Senate in the Office of the a rule entitled ‘‘Pilot Certification and Qual- in the Office of the President of the Senate President of the Senate on July 26, 2013; to ification Requirements for Air Carrier Oper- on July 26, 2013; to the Committee on Com- the Committee on Commerce, Science, and ations’’ ((RIN2120–AJ67) (Docket No. FAA– merce, Science, and Transportation. Transportation. 2010–0100)) received during adjournment of EC–2530. A communication from the Para- EC–2538. A communication from the Para- the Senate in the Office of the President of legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- the Senate on July 26, 2013; to the Com- tration, Department of Transportation, tration, Department of Transportation, mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of tation. a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Modification of Class D and EC–2523. A communication from the Para- proach Procedures; Miscellaneous Amend- E Airspace; Twin Falls, ID’’ ((RIN2120–AA66) legal Specialist, Federal Aviation Adminis- ments (78); Amdt. No. 3542’’ (RIN2120–AA65) (Docket No. FAA–2013–0258)) received during tration, Department of Transportation, received during adjournment of the Senate adjournment of the Senate in the Office of transmitting, pursuant to law, the report of in the Office of the President of the Senate the President of the Senate on July 26, 2013; a rule entitled ‘‘Adoption of Statuary Prohi- on July 26, 2013; to the Committee on Com- to the Committee on Commerce, Science, bition on the Operation of Jets Weighing merce, Science, and Transportation. and Transportation. 75,000 Pounds or Less That Are Not Stage 3 EC–2531. A communication from the Para- EC–2539. A communication from the Para- Noise Compliant’’ ((RIN2120–AK25) (Docket legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- No. FAA–2013–0503)) received during adjourn- tration, Department of Transportation, tration, Department of Transportation, ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of dent of the Senate on July 26, 2013; to the a rule entitled ‘‘Establishment of Class E a rule entitled ‘‘Establishment of Class E Committee on Commerce, Science, and Airspace; Presidio, TX’’ ((RIN2120–AA66) Airspace; Parkston, SD’’ ((RIN2120–AA66) Transportation. (Docket No. FAA–2012–0770)) received during (Docket No. FAA–2012–1282)) received during EC–2524. A communication from the Para- adjournment of the Senate in the Office of adjournment of the Senate in the Office of legal Specialist, Federal Aviation Adminis- the President of the Senate on July 26, 2013; the President of the Senate on July 26, 2013; tration, Department of Transportation, to the Committee on Commerce, Science, to the Committee on Commerce, Science, transmitting, pursuant to law, the report of and Transportation. and Transportation. a rule entitled ‘‘Flight Data Recorder Air- EC–2532. A communication from the Para- EC–2540. A communication from the Para- plane Parameter Specification Omissions legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- and Corrections’’ ((RIN2120–AK27) (Docket tration, Department of Transportation, tration, Department of Transportation, No. FAA–2013–0579)) received during adjourn- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ment of the Senate in the Office of the Presi- a rule entitled ‘‘Establishment of Class E a rule entitled ‘‘Airworthiness Directives; dent of the Senate on July 26, 2013; to the Airspace; Colt, AR’’ ((RIN2120–AA66) (Docket The Boeing Company Airplanes’’ ((RIN2120– Committee on Commerce, Science, and No. FAA–2012–1281)) received during adjourn- AA64) (Docket No. FAA–2012–0864)) received Transportation. ment of the Senate in the Office of the Presi- during adjournment of the Senate in the Of- fice of the President of the Senate on July EC–2525. A communication from the Para- dent of the Senate on July 26, 2013; to the 26, 2013; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- Committee on Commerce, Science, and tration, Department of Transportation, Science, and Transportation. Transportation. EC–2541. A communication from the Para- transmitting, pursuant to law, the report of EC–2533. A communication from the Para- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Combined Drug and Alcohol legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Testing Programs’’ ((RIN2120–AK01) (Docket tration, Department of Transportation, transmitting, pursuant to law, the report of No. FAA–2012–0688)) received during adjourn- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; ment of the Senate in the Office of the Presi- a rule entitled ‘‘Establishment of Class E The Boeing Company Airplanes’’ ((RIN2120– dent of the Senate on July 26, 2013; to the Airspace; Elbow Lake, MN’’ ((RIN2120–AA66) AA64) (Docket No. FAA–2013–0302)) received Committee on Commerce, Science, and (Docket No. FAA–2012–1121)) received during during adjournment of the Senate in the Of- Transportation. adjournment of the Senate in the Office of fice of the President of the Senate on July EC–2526. A communication from the Para- the President of the Senate on July 26, 2013; 26, 2013; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- to the Committee on Commerce, Science, Science, and Transportation. tration, Department of Transportation, and Transportation. EC–2542. A communication from the Para- transmitting, pursuant to law, the report of EC–2534. A communication from the Para- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of VOR Federal legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Airway V–345 in the Vicinity of Ashland, WI’’ tration, Department of Transportation, transmitting, pursuant to law, the report of ((RIN2120–AA66) (Docket No. FAA–2013–0236)) transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; received during adjournment of the Senate a rule entitled ‘‘Establishment of Class E Embraer S.A. Airplanes’’ ((RIN2120–AA64) in the Office of the President of the Senate Airspace; Sanibel, FL’’ ((RIN2120–AA66) (Docket No. FAA–2012–1230)) received during on July 26, 2013; to the Committee on Com- (Docket No. FAA–2012–1334)) received during adjournment of the Senate in the Office of merce, Science, and Transportation. adjournment of the Senate in the Office of the President of the Senate on July 26, 2013; EC–2527. A communication from the Para- the President of the Senate on July 26, 2013; to the Committee on Commerce, Science, legal Specialist, Federal Aviation Adminis- to the Committee on Commerce, Science, and Transportation. tration, Department of Transportation, and Transportation. EC–2543. A communication from the Para- transmitting, pursuant to law, the report of EC–2535. A communication from the Para- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Restricted legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Area R–2504A and R–2504B; Camp Roberts, tration, Department of Transportation, transmitting, pursuant to law, the report of CA, and Restricted Area R–2530; Sierra Army transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Depot, CA’’ ((RIN2120–AA66) (Docket No. a rule entitled ‘‘Establishment of Class E The Boeing Company Airplanes’’ ((RIN2120– FAA–2013–0515)) received during adjournment Airspace; Grand Canyon, AZ’’ ((RIN2120– AA64) (Docket No. FAA–2008–0620)) received of the Senate in the Office of the President AA66) (Docket No. FAA–2013–0163)) received during adjournment of the Senate in the Of- of the Senate on July 26, 2013; to the Com- during adjournment of the Senate in the Of- fice of the President of the Senate on July mittee on Commerce, Science, and Transpor- fice of the President of the Senate on July 26, 2013; to the Committee on Commerce, tation. 26, 2013; to the Committee on Commerce, Science, and Transportation. EC–2528. A communication from the Para- Science, and Transportation. EC–2544. A communication from the Para- legal Specialist, Federal Aviation Adminis- EC–2536. A communication from the Para- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, transmitting, pursuant to law, the report of tration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Restricted transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Areas R–2907A and R–2907B, Lake George, a rule entitled ‘‘Amendment of Class E Air- Learjet Inc. Airplanes’’ ((RIN2120–AA64) FL; and R–2910, Pinecastle, FL’’ ((RIN2120– space; Worthington, MN’’ ((RIN2120–AA66) (Docket No. FAA–2013–0214)) received during AA66) (Docket No. FAA–2010–1146)) received (Docket No. FAA–2012–1139)) received during adjournment of the Senate in the Office of during adjournment of the Senate in the Of- adjournment of the Senate in the Office of the President of the Senate on July 26, 2013; fice of the President of the Senate on July the President of the Senate on July 26, 2013; to the Committee on Commerce, Science, 26, 2013; to the Committee on Commerce, to the Committee on Commerce, Science, and Transportation. Science, and Transportation. and Transportation. EC–2545. A communication from the Para- EC–2529. A communication from the Para- EC–2537. A communication from the Para- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation,

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.011 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6201 transmitting, pursuant to law, the report of tration, Department of Transportation, Environmental Protection Agency, transmit- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- PILATUS Aircraft Ltd. Airplanes’’ a rule entitled ‘‘Airworthiness Directives; titled ‘‘Forchlorfenuron; Temporary Pes- ((RIN2120–AA64) (Docket No. FAA–2013–0598)) Airbus Airplanes’’ ((RIN2120–AA64) (Docket ticide Tolerances’’ (FRL No. 9391–9) received received during adjournment of the Senate No. FAA–2012–1035)) received during adjourn- in the Office of the President of the Senate in the Office of the President of the Senate ment of the Senate in the Office of the Presi- on July 31, 2013; to the Committee on Agri- on July 26, 2013; to the Committee on Com- dent of the Senate on July 26, 2013; to the culture, Nutrition, and Forestry. merce, Science, and Transportation. Committee on Commerce, Science, and EC–2562. A communication from the Direc- EC–2546. A communication from the Para- Transportation. tor of the Regulatory Management Division, legal Specialist, Federal Aviation Adminis- EC–2554. A communication from the Para- Environmental Protection Agency, transmit- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of tration, Department of Transportation, titled ‘‘Sorbitan monooleate ethylene oxide a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of adduct; Exemption from the Requirement of Eurocopter France Helicopters’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; a Tolerance’’ (FRL No. 9389–8) received in the AA64) (Docket No. FAA–2013–0522)) received Eurocopter Deutschland GmbH Helicopters’’ Office of the President of the Senate on July during adjournment of the Senate in the Of- ((RIN2120–AA64) (Docket No. FAA–2012–1305)) 31, 2013; to the Committee on Agriculture, fice of the President of the Senate on July received during adjournment of the Senate Nutrition, and Forestry. 26, 2013; to the Committee on Commerce, in the Office of the President of the Senate EC–2563. A communication from the Direc- Science, and Transportation. on July 26, 2013; to the Committee on Com- tor of the Regulatory Management Division, EC–2547. A communication from the Para- merce, Science, and Transportation. Environmental Protection Agency, transmit- legal Specialist, Federal Aviation Adminis- EC–2555. A communication from the Para- ting, pursuant to law, the report of a rule en- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- titled ‘‘Complex Polymeric Polyhydroxy transmitting, pursuant to law, the report of tration, Department of Transportation, Acids; Exemption from the Requirement of a a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Tolerance’’ (FRL No. 9391–2) received in the Eurocopter Deutschland GmbH Helicopters’’ a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on July ((RIN2120–AA64) (Docket No. FAA–2013–0018)) Eurocopter Deutschland (Eurocopter) Heli- 31, 2013; to the Committee on Agriculture, received during adjournment of the Senate copters’’ ((RIN2120–AA64) (Docket No. FAA– Nutrition, and Forestry. in the Office of the President of the Senate 2013–0520)) received during adjournment of EC–2564. A communication from the Chair- on July 26, 2013; to the Committee on Com- the Senate in the Office of the President of man and Chief Executive Officer, Farm Cred- merce, Science, and Transportation. the Senate on July 26, 2013; to the Com- it Administration, transmitting, pursuant to EC–2548. A communication from the Para- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Releasing legal Specialist, Federal Aviation Adminis- tation. Information; General Provisions; Accounting tration, Department of Transportation, EC–2556. A communication from the Para- and Reporting Requirements; Reports of Ac- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- counts and Exposures’’ (RIN3052–AC76) re- a rule entitled ‘‘Airworthiness Directives; Si- tration, Department of Transportation, ceived in the Office of the President of the transmitting, pursuant to law, the report of korsky Aircraft Corporation (Sikorsky) Senate on July 18, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; Model Helicopters’’ ((RIN2120–AA64) (Docket Agriculture, Nutrition, and Forestry. No. FAA–2012–1206)) received during adjourn- Airbus Airplanes’’ ((RIN2120–AA64) (Docket EC–2565. A communication from the Con- ment of the Senate in the Office of the Presi- No. FAA–2012–1034)) received during adjourn- gressional Review Coordinator, Animal and ment of the Senate in the Office of the Presi- dent of the Senate on July 26, 2013; to the Plant Health Inspection Service, Department dent of the Senate on July 26, 2013; to the Committee on Commerce, Science, and of Agriculture, transmitting, pursuant to Committee on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Handling Transportation. EC–2549. A communication from the Para- of Animals; Contingency Plans; Stay of Reg- EC–2557. A communication from the Para- legal Specialist, Federal Aviation Adminis- ulations’’ ((RIN0579–AC69) (Docket No. legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, tration, Department of Transportation, APHIS–2006–0159)) received in the Office of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of the President of the Senate on July 31, 2013; a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; to the Committee on Agriculture, Nutrition, Piper Aircraft, Inc. Airplanes’’ ((RIN2120– Cessna Aircraft Company Airplanes’’ and Forestry. AA64) (Docket No. FAA–2013–0535)) received EC–2566. A communication from the Assist- ((RIN2120–AA64) (Docket No. FAA–2012–1330)) ant Director, Executive and Political Per- during adjournment of the Senate in the Of- received during adjournment of the Senate sonnel, Department of Defense, transmit- fice of the President of the Senate on July in the Office of the President of the Senate 26, 2013; to the Committee on Commerce, on July 26, 2013; to the Committee on Com- ting, (6) reports relative to vacancies in the Science, and Transportation. merce, Science, and Transportation. Department of Defense, received during ad- EC–2550. A communication from the Para- EC–2558. A communication from the Para- journment of the Senate in the Office of the legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- President of the Senate on July 26, 2013; to tration, Department of Transportation, tration, Department of Transportation, the Committee on Armed Services. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–2567. A communication from the Assist- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; ant Director, Executive and Political Per- Dowty Propellers Propellers’’ ((RIN2120– Various Restricted Category Helicopters’’ sonnel, Department of Defense, transmit- AA64) (Docket No. FAA–2009–0776)) received ((RIN2120–AA64) (Docket No. FAA–2013–0553)) ting, (2) reports relative to vacancies in the during adjournment of the Senate in the Of- received during adjournment of the Senate Department of the Navy, received during ad- fice of the President of the Senate on July in the Office of the President of the Senate journment of the Senate in the Office of the 26, 2013; to the Committee on Commerce, on July 26, 2013; to the Committee on Com- President of the Senate on July 26, 2013; to Science, and Transportation. merce, Science, and Transportation. the Committee on Armed Services. EC–2551. A communication from the Para- EC–2559. A communication from the Para- EC–2568. A communication from the Assist- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ant Director, Executive and Political Per- tration, Department of Transportation, tration, Department of Transportation, sonnel, Department of Defense, transmit- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ting, (2) reports relative to vacancies in the a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; Department of the Air Force, received during DASSAULT AVIATION Airplanes’’ Pilatus Aircraft Ltd. Airplanes’’ ((RIN2120– adjournment of the Senate in the Office of ((RIN2120–AA64) (Docket No. FAA–2012–1067)) AA64) (Docket No. FAA–2013–0223)) received the President of the Senate on July 26, 2013; received during adjournment of the Senate during adjournment of the Senate in the Of- to the Committee on Armed Services. in the Office of the President of the Senate fice of the President of the Senate on July EC–2569. A communication from the Under on July 26, 2013; to the Committee on Com- 26, 2013; to the Committee on Commerce, Secretary of Defense (Acquisition, Tech- merce, Science, and Transportation. Science, and Transportation. nology and Logistics), transmitting, pursu- EC–2552. A communication from the Para- EC–2560. A communication from the Para- ant to law, a report relative to the review of legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- internal records to verify employment of tration, Department of Transportation, tration, Department of Transportation, Iraqi nationals by the U.S. Government and transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of request from each prime contractor or grant- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; ee that has performed work in Iraq informa- Airbus Airplanes’’ ((RIN2120–AA64) (Docket Rolls-Royce plc Turbofan Engines’’ tion that can verify the employment of Iraqi No. FAA–2012–1039)) received during adjourn- ((RIN2120–AA64) (Docket No. FAA–2012–1327)) nationals by such contractor or grantee; to ment of the Senate in the Office of the Presi- received during adjournment of the Senate the Committee on Armed Services. dent of the Senate on July 26, 2013; to the in the Office of the President of the Senate EC–2570. A communication from the Under Committee on Commerce, Science, and on July 26, 2013; to the Committee on Com- Secretary of Defense (Acquisition, Tech- Transportation. merce, Science, and Transportation. nology and Logistics), transmitting, pursu- EC–2553. A communication from the Para- EC–2561. A communication from the Direc- ant to law, a report entitled ‘‘Report to Con- legal Specialist, Federal Aviation Adminis- tor of the Regulatory Management Division, gress on Department of Defense Fiscal Year

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.012 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6202 CONGRESSIONAL RECORD — SENATE August 1, 2013 2012 Purchases from Foreign Entities’’; to EC–2580. A communication from the Direc- latory Commission, transmitting, pursuant the Committee on Armed Services. tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘Soft- EC–2571. A communication from the Attor- Environmental Protection Agency, transmit- ware Requirement Specifications for Digital ney, Legal Division, Bureau of Consumer Fi- ting, pursuant to law, the report of a rule en- Computer Software used in Safety Systems nancial Protection, transmitting, pursuant titled ‘‘Air Quality Designations for the 2010 for Nuclear Power Plants’’ (Regulatory to law, the report of a rule entitled ‘‘Amend- Sulfur Dioxide (SO2) Primary National Am- Guide 1.172, Revision 1) received in the Office ments to the 2013 Mortgage Rules Under the bient Air Quality Standard’’ (FRL No. 9841– of the President of the Senate on July 30, Real Estate Settlement Procedures Act 4) received in the Office of the President of 2013; to the Committee on Environment and (Regulation X) and the Truth in Lending Act the Senate on July 31, 2013; to the Com- Public Works. (Regulation Z)’’ ((RIN3170–AA37) (Docket No. mittee on Environment and Public Works. EC–2589. A communication from the Direc- CFPB–2013–0010)) received in the Office of the EC–2581. A communication from the Direc- tor of Congressional Affairs, Nuclear Regu- President of the Senate on July 25, 2013; to tor of the Regulatory Management Division, latory Commission, transmitting, pursuant the Committee on Banking, Housing, and Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Devel- Urban Affairs. ting, pursuant to law, the report of a rule en- oping Software Life Cycle Processes for Dig- EC–2572. A communication from the Sec- titled ‘‘Approval and Promulgation of Imple- ital Computer Software used in Safety Sys- retary of the Treasury, transmitting, pursu- mentation Plans; Oregon: Infrastructure Re- tems for Nuclear Power Plants’’ (Regulatory ant to law, a six-month periodic report on quirements for the 1997 and 2006 Fine Partic- Guide 1.173, Revision 1) received in the Office the national emergency that was declared in ulate Matter and 2008 Ozone National Ambi- of the President of the Senate on July 30, Executive Order 12947 with respect to terror- ent Air Quality Standards’’ (FRL No. 9841–1) 2013; to the Committee on Environment and ists who threaten to disrupt the Middle East received in the Office of the President of the Public Works. peace process; to the Committee on Banking, Senate on July 31, 2013; to the Committee on EC–2590. A communication from the Direc- Housing, and Urban Affairs. Environment and Public Works. tor of Congressional Affairs, Nuclear Regu- EC–2573. A communication from the Attor- EC–2582. A communication from the Direc- latory Commission, transmitting, pursuant ney, Legal Division, Bureau of Consumer Fi- tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘Final nancial Protection, transmitting, pursuant Environmental Protection Agency, transmit- Safety Evaluation of Westinghouse Electric to law, the report of a rule entitled ‘‘Elec- ting, pursuant to law, the report of a rule en- Company Topical Report WCAP–12610–P–A tronic Fund Transfers (Regulation E)’’ titled ‘‘Approval and Promulgation of Air and CENPD–404–P–A, Addendum 2/WCAP– ((RIN3170–AA33) (Docket No. CFPB–2012– Quality Implementation Plans; State of Col- 14342–A and CENPD 404–NP–A, Addendum 2, 0050)) received in the Office of the President orado; Second Ten-Year Carbon Monoxide ‘Westinghouse Clad Corrosion Model for of the Senate on July 25, 2013; to the Com- Maintenance Plan for Greeley’’ (FRL No. ZIRLOTM and Optimized ZIRLOTM’ ’’ mittee on Banking, Housing, and Urban Af- 9840–9) received in the Office of the President (Project No. 700) received in the Office of the fairs. of the Senate on July 31, 2013; to the Com- President of the Senate on July 30, 2013; to EC–2574. A communication from the Sec- mittee on Environment and Public Works. the Committee on Environment and Public EC–2583. A communication from the Direc- retary of the Securities and Exchange Com- Works. mission, transmitting, pursuant to law, the tor of the Regulatory Management Division, EC–2591. A communication from the Direc- report of a rule entitled ‘‘Broker-Dealer Re- Environmental Protection Agency, transmit- tor of Congressional Affairs, Nuclear Regu- ports’’ (RIN3235–AK2574) received in the Of- ting, pursuant to law, the report of a rule en- latory Commission, transmitting, pursuant fice of the President of the Senate on July titled ‘‘Approval and Promulgation of Air to law, the report of a rule entitled ‘‘Prepa- Quality Implementation Plans; State of Col- 31, 2013; to the Committee on Banking, Hous- ration of Environmental Reports for Nuclear orado; Second 10-Year Carbon Monoxide ing, and Urban Affairs. Power Plant License Renewal Applications’’ Maintenance Plan for Colorado Springs’’ EC–2575. A communication from the Sec- (Regulatory Guide 4.2, Supplement 1) re- (FRL No. 9840–7) received in the Office of the retary of the Securities and Exchange Com- ceived in the Office of the President of the President of the Senate on July 31, 2013; to mission, transmitting, pursuant to law, the Senate on July 30, 2013; to the Committee on the Committee on Environment and Public report of a rule entitled ‘‘Financial Respon- Environment and Public Works. sibility Rules for Broker-Dealers’’ (RIN3235– Works. EC–2592. A communication from the Direc- EC–2584. A communication from the Direc- AJ85) received in the Office of the President tor of Congressional Affairs, Nuclear Regu- tor of the Regulatory Management Division, of the Senate on July 31, 2013; to the Com- latory Commission, transmitting, pursuant Environmental Protection Agency, transmit- mittee on Banking, Housing, and Urban Af- to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- fairs. ‘‘Verification, Validation, Reviews, and Au- EC–2576. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- mentation Plans, State of California, San dits for Digital Computer Software Used in tor of the Regulatory Management Division, Joaquin Valley Unified Air Pollution Control Safety Systems of Nuclear Power Plants’’ Environmental Protection Agency, transmit- District, New Source Review’’ (FRL No. 9837– (Regulatory Guide 1.168, Revision 2) received ting, pursuant to law, the report of a rule en- 5) received in the Office of the President of in the Office of the President of the Senate titled ‘‘Pyroxasulfone; Pesticide Tolerances’’ the Senate on July 31, 2013; to the Com- on July 30, 2013; to the Committee on Envi- (FRL No. 9393–6) received in the Office of the mittee on Environment and Public Works. ronment and Public Works. President of the Senate on July 29, 2013; to EC–2585. A communication from the Direc- EC–2593. A communication from the Direc- the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, tor of Congressional Affairs, Nuclear Regu- and Forestry. Environmental Protection Agency, transmit- latory Commission, transmitting, pursuant EC–2577. A communication from the Direc- ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Con- tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air figuration Management Plans for Digital Environmental Protection Agency, transmit- Quality Implementation Plans; Pennsyl- Computer Software Used in Safety Systems ting, pursuant to law, the report of a rule en- vania; Update to Materials Incorporated by for Nuclear Power Plants’’ (Regulatory titled ‘‘Trifluralin; Pesticide Tolerance’’ Reference’’ (FRL No. 9811–9) received in the Guide 1.169, Revision 1) received in the Office (FRL No. 9393–5) received in the Office of the Office of the President of the Senate on July of the President of the Senate on July 30, President of the Senate on July 29, 2013; to 31, 2013; to the Committee on Environment 2013; to the Committee on Environment and the Committee on Agriculture, Nutrition, and Public Works. Public Works. and Forestry. EC–2586. A communication from the Direc- EC–2594. A communication from the Direc- EC–2578. A communication from the Direc- tor of the Regulatory Management Division, tor of Congressional Affairs, Nuclear Regu- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- latory Commission, transmitting, pursuant Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Soft- ting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air ware Unit Testing for Digital Computer Soft- titled ‘‘Modification of Significant New Uses Quality Implementation Plans; Wisconsin; ware Used in Safety Systems of Nuclear of Ethaneperoxoic Acid, 1,1-Demethylpropyl Permit Exemption Rule’’ (FRL No. 9834–4) Power Plants’’ (Regulatory Guide 1.171, Revi- Ester’’ (FRL No. 9392–4) received in the Of- received in the Office of the President of the sion 1) received in the Office of the President fice of the President of the Senate on July Senate on July 31, 2013; to the Committee on of the Senate on July 30, 2013; to the Com- 29, 2013; to the Committee on Environment Environment and Public Works. mittee on Environment and Public Works. and Public Works. EC–2587. A communication from the Direc- EC–2595. A communication from the Direc- EC–2579. A communication from the Direc- tor of the Regulatory Management Division, tor of Congressional Affairs, Nuclear Regu- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- latory Commission, transmitting, pursuant Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Soft- ting, pursuant to law, the report of a rule entitled ‘‘Conditional Exclusions from Solid ware Unit Testing for Digital Computer Soft- titled ‘‘Approval and Promulgation of State Waste and Hazardous Waste for Solvent-Con- ware Used in Safety Systems for Nuclear Implementation Plans; State of Montana; taminated Wipes’’ (FRL No. 9838–2) received Power Plants’’ (Regulatory Guide 1.171, Revi- Interstate Transport of Pollution for the 2006 in the Office of the President of the Senate sion 1) received in the Office of the President PM2.5 NAAQS’’ (FRL No. 9839–1) received in on July 31, 2013; to the Committee on Envi- of the Senate on July 30, 2013; to the Com- the Office of the President of the Senate on ronment and Public Works. mittee on Environment and Public Works. July 29, 2013; to the Committee on Environ- EC–2588. A communication from the Direc- EC–2596. A communication from the Direc- ment and Public Works. tor of Congressional Affairs, Nuclear Regu- tor of the Regulatory Management Division,

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.013 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6203 Environmental Protection Agency, transmit- Committee on Homeland Security and Gov- Whereas, the white star on the flag sym- ting, pursuant to law, the report of a rule en- ernmental Affairs. bolizes veterans’ dedication to service, the titled ‘‘Promulgation of State Implementa- EC–2606. A communication from the Prin- blue star on the flag honors all the men and tion Plan Revisions; Infrastructure Require- cipal Deputy Assistant Attorney General, Of- women who have served in our nation’s mili- ments for the 1997 and 2006 PM2.5 National fice of Legislative Affairs, Department of tary and the central gold star on the flag Ambient Air Quality Standards; Montana’’ Justice, transmitting, pursuant to law, a re- memorializes those who have fallen defend- (FRL No. 9839–2) received in the Office of the port entitled ‘‘ATF 2013 PACT Act Report’’; ing our nation; and President of the Senate on July 29, 2013; to to the Committee on the Judiciary. Whereas, the blue stripe that bears the the Committee on Environment and Public EC–2607. A communication from the Prin- title of the flag honors the loyalty of vet- Works. cipal Deputy Assistant Attorney General, Of- erans to our nation, flag and government, EC–2597. A communication from the Assist- fice of Legislative Affairs, Department of and the green field on the flag represents the ant Secretary, Legislative Affairs, Depart- Justice, transmitting, pursuant to law, the hallowed ground where fallen veterans rest ment of State, transmitting, pursuant to Uniform Resource Locator (URL) for a re- eternally; now, therefore, be it law, a report relative to entering into a port entitled ‘‘Transforming Today’s Vision Resolved, That We, your Memorialists, re- Memorandum of Understanding Between the Into Tomorrow’s Reality’’; to the Committee quest that the President of the United States Government of the United States of America on the Judiciary. and the United States Congress work to- and the Government of the Republic of EC–2608. A communication from the Direc- gether to support adoption of the Veterans Belize Concerning the imposition of import tor of the Regulation Policy and Manage- Remembered Flag to honor our nation’s vet- restrictions on categories of archaeological ment Office of the General Counsel, Veterans erans; and be it further material representing the cultural heritage Health Administration, Department of Vet- Resolved, That suitable copies of this reso- of Belize from the pre-ceramic, pre-classic, erans Affairs, transmitting, pursuant to law, lution, duly authenticated by the Secretary classic, and post-classic periods of the pre- the report of a rule entitled ‘‘Patient Access of State, be transmitted to the Honorable Columbian era through the early and late co- to Records’’ (RIN2900–AO61) received in the Barack H. Obama, President of the United lonial periods; to the Committee on Finance. Office of the President of the Senate on July States, to the President of the United States EC–2598. A communication from the Pro- 25, 2013; to the Committee on Veterans’ Af- Senate, to the Speaker of the United States gram Manager, Centers for Medicare and fairs. House of Representatives and to each Mem- Medicaid Services, Department of Health f ber of the Maine Congressional Delegation. and Human Services, transmitting, pursuant to law, the report of a rule entitled ‘‘Medi- PETITIONS AND MEMORIALS POM–119. A resolution adopted by the Sen- care Program; Impatient Psychiatric Facili- The following petitions and memo- ate of the Commonwealth of Massachusetts ties Prospective Payment System—Update rials were laid before the Senate and memorializing the federal government of the for Fiscal Year Beginning October 1, 2013 (FY United States to prioritize distribution of 2014)’’ (RIN0938–AR63) received in the Office were referred or ordered to lie on the veterans’ benefits; to the Committee on Vet- of the President of the Senate on July 30, table as indicated: erans’ Affairs. 2013; to the Committee on Finance. POM–118. A joint resolution adopted by the RESOLUTION EC–2599. A communication from the Chief Legislature of the State of Maine memori- Whereas, the members of the Armed Forces of the Publications and Regulations Branch, alizing the President of the United States of the United States, including active duty Internal Revenue Service, Department of the and Congress of the United States to adopt members of the Massachusetts National Treasury, transmitting, pursuant to law, the the Veterans Remembered Flag in honor of Guard, have honorably and with great dis- report of a rule entitled ‘‘Recognizing Ad- all veterans; to the Committee on Rules and tinction served their country and have vance Payments for Gift Cards that are Re- Administration. earned the right to be welcomed home with deemable for Goods and Services from an Un- JOINT RESOLUTION related Entity’’ (Rev. Proc. 2013–29) received all honors and benefits prescribed by law by in the Office of the President of the Senate Whereas, there are flags for all branches of a grateful nation; and on July 29, 2013; to the Committee on Fi- the Armed Forces of the United States and Whereas, the words of our first president, nance. there is a flag for prisoners of war and those George Washington, are a reminder of the EC–2600. A communication from the Gen- missing in action, but there is no flag to importance of honoring promises made to eral Counsel, Peace Corps, transmitting, pur- honor the millions of former military per- our veterans and their families, when he suant to law, the report relative to a va- sonnel who have served our nation; and said, ‘‘the willingness with which our young cancy in the position of Director of the Whereas, a flag is a symbol of recognition people are likely to serve in any war, no Peace Corps, received in the Office of the for a group or an ideal, and veterans compose matter how justified, shall be directly pro- President of the Senate on July 24, 2013; to a group, certainly represent an ideal and portional to how they perceive the veterans the Committee on Foreign Relations. surely deserve their own symbol; and of earlier wars were treated and appreciated EC–2601. A communication from the Acting Whereas, the estimated 20,400,000 veterans, by their nation’’; and Assistant Secretary, Legislative Affairs, De- affiliated and unaffiliated with veterans’ or- Whereas, veterans’ benefits must be deliv- partment of State, transmitting, pursuant to ganizations, who have served in our nation’s ered in a timely fashion out of respect for law, a report entitled ‘‘U.S. Department of military compose a significant portion of our the significant sacrifice and valiant service State, Category Rating Report’’; to the Com- nation’s population; and of those to whom such benefits are owed, es- mittee on Foreign Relations. Whereas, there is now a flag that has been pecially given the fact that today’s veterans EC–2602. A communication from the Acting designed and created to honor the veterans urgently need jobs, health care, housing, Assistant Secretary, Legislative Affairs, De- of the United States called the Veterans Re- education and training in order to success- partment of State, transmitting, pursuant to membered Flag, and displaying and flying a fully re-enter civilian life; and law, a report relative to section 36(c) of the Veterans Remembered Flag would honor the Whereas, the United States Department of Arms Export Control Act (DDTC 13–109); to lives of millions of individuals who have Veterans Affairs is reported to be unable to the Committee on Foreign Relations. served our country in times of war, peace keep up with a torrent of benefits claims, EC–2603. A communication from the Acting and national crisis; and and the backlog leaves many service mem- Assistant Secretary, Legislative Affairs, De- Whereas, a Veterans Remembered Flag bers waiting for well over a year after first partment of State, transmitting, pursuant to would memorialize and honor past, present filing their forms, according to a report from law, a report relative to sections 36(c) and and future veterans and provide an enduring the Center for Investigative Reporting; and 36(d) of the Arms Export Control Act (DDTC symbol to support tomorrow’s veterans Whereas, according to the center’s report, 13–108); to the Committee on Foreign Rela- today; and the average wait time for veterans benefits tions. Whereas, displaying and flying a Veterans is 273 days, and that veterans filing their EC–2604. A communication from the Acting Remembered Flag would fill the need for a first claim, including those who served in Assistant Secretary, Legislative Affairs, De- flag honoring all veterans who have served in Iraq and Afghanistan, wait nearly two partment of State, transmitting, pursuant to our nation’s armed forces; and months longer, between 316 and 327 days, and law, a report relative to sections 36(c) and Whereas, the symbolism of this unique in some major population centers wait up to 36(d) of the Arms Export Control Act (DDTC flag’s design would be all-inclusive, would twice as long—642 days in New York, 619 days 13–015); to the Committee on Foreign Rela- pay respect to all branches of the military in Los Angeles and 542 days in Chicago; and tions. and to the history of our nation and would Whereas, the ranks of veterans waiting EC–2605. A communication from the Asso- honor those who have lived, and died, serving more than a year for their benefits grew ciate General Counsel for General Law, Of- our nation; and from 11,000 in 2009 to 245,000 in December fice of the General Counsel, Department of Whereas, the design of the flag honors the 2012, an increase of more than 2,000 per cent, Homeland Security, transmitting, pursuant founding of our nation through the 13 stars and the Veterans Administration is pre- to law, a report relative to a vacancy in the that emanate from the hoist of the flag and dicting that the situation will get worse, as position of Under Secretary for Intelligence lead to the large red star that represents our the number of veterans waiting on the De- and Analysis, Department of Homeland Se- nation and the five branches of our nation’s partment to process their claims is expected curity, received in the Office of the Presi- military, the Army, the Navy, the Air Force, to reach 1 million by the end of March, 2013: dent of the Senate on July 30, 2013; to the the Marines and the Coast Guard; and Now, therefore, be it

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.014 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6204 CONGRESSIONAL RECORD — SENATE August 1, 2013 Resolved, That the Massachusetts Senate constitutional right of the people to keep 2011, Yarmuth; $9,200, 12/31/2011, Swing State hereby requests that the Federal Govern- and bear arms; to the Committee on the Ju- Victory Chicago; $30,800, 1/13/2012, Obama ment of the United States provide sufficient diciary. Victory Fund; $2,500, 3/24/2012, Yarmuth; funding and personnel to process veterans’ POM–132. A resolution adopted by the $5,0000, 6/30/2012, Elizabeth Warren for Massa- claims in a more timely manner so that the Catlin Town Board of the State of New York chusetts; $2,500, 8/28/2012, Chandler, Ben for tangible gratitude of the nation can be calling for the repeal of the New York SAFE Congress; $2,500, 9/24/2012, Kentucky Hse Dem promptly distributed to all who have earned Act of 2013; to the Committee on the Judici- Caucus; $2,500, 10/25/2012, Shelli Yoder/Con- such recognition; and be it further ary. gress. Resolved, That resolved, that a copy of POM–133. A resolution adopted by the 3. Children and Spouses: Charles Winthrop these resolutions be transmitted forthwith Northwest Municipal Conference supporting Barzun, None; Eleanor C. Barzun, None; by the Clerk of the Senate to the President immigration reform that provides a clear Jacques M. Barzun, None. of the United States, the leaders of the Con- and earned path to citizenship for undocu- 4. Parents: Roger Barzun: $700, 10/7/2011, gress of the United States and to each mented immigrants, clears immigration Obama for America; $700, 10/7/2011, Obama United States senator and representative backlogs, addresses the current labor market Victory Fund; $250, 10/29/2012, House Majority from Massachusetts. needs and improves state and local economic PAC; $338, 10/31/2012, Barack Obama For competitiveness, provides for effective em- America. Serita Winthrop: $500, 5/30/2011, Bill POM–120. A communication from citizens ployment verification, promotes immigrant Nelson for U.S. Senate; $10,000, 11/17/2011, of the State of Hawaii petitioning for integration, and enhances national security Obama Victory Fund 2012; $2,500, 11/17/2011, verification and tabulation of State applica- and safety with a sensible enforcement pol- Obama for America; $2,500, 11/17/2011, Obama tions for an Article V Convention; to the icy; to the Committee on the Judiciary. for America; $5,000, 11/17/2011, DNC Services Committee on the Judiciary. POM–134. A resolution adopted by the Ala- Corp./Democratic National Committee. POM–121. A resolution adopted by the bama Town Board of the State of New York 5. Grandparents: Deceased. Mayor and City Commission of the City of opposing the Early Voting Proposal; to the 6. Brothers and Spouses: Charles Barzun: Miami Beach, Florida urging the United Committee on Rules and Administration. $250, 3/15/2012, John Douglass for Congress; States Food and Drug Administration to re- $250, 9/9/2012, John Douglass for Congress; f peal their longstanding prohibition on men $500, 2/8/2010, Thomas Perriello for Congress; who have sex with men from donating blood; REPORTS OF COMMITTEES $500, 3/22/2010, Thomas Perriello for Congress; $250, 6/4/2010, Thomas Perriello for Congress; to the Committee on Health, Education, The following reports of committees Labor, and Pensions. $2,100, 10/12/2011, Obama for America; $2,500, POM–122. A resolution adopted by the Law- were submitted: 10/12/2011, Obama for America; $4,600, 10/12/ rence City Council of the City of Lawrence, By Mr. DURBIN, from the Committee on 2011, Obama Victory Fund 2012. Emily Little Massachusetts supporting comprehensive Appropriations, without amendment: Barzun (sister in law): None. immigration reform and urging action from S. 1429. An original bill making appropria- 7. Sisters and Spouses: Mariana Mensch the 113th Congress; to the Committee on the tions for the Department of Defense for the (sister), None; Jon Mensch (brother-in-law), Judiciary. fiscal year ending September 30, 2014, and for None; Lucretia Barzun Donnelly (sister), POM–123. A resolution adopted by the City other purposes (Rept. No. 113–85). None; Robert Donnelly (brother in law), Electors of Fort Atkinson, Wisconsin seek- By Mr. LEAHY, from the Committee on None. ing to reclaim democracy from the expan- the Judiciary, without amendment: sion of corporate personhood rights and the S. 933. A bill to amend title I of the Omni- * David Hale, of New Jersey, a Career Mem- corrupting influence of unregulated political bus Crime Control and Safe Streets Act of ber of the Senior Foreign Service, Class of contributions and spending; to the Com- 1968 to extend the authorization of the Bul- Minister-Counselor, to be Ambassador Ex- mittee on the Judiciary. letproof Vest Partnership Grant Program traordinary and Plenipotentiary of the POM–124. A resolution adopted by the Leg- through fiscal year 2018. United States of America to the Republic of islature of Orange County, New York oppos- f Lebanon ing the enactment of any legislation that Nominee: David Hale. would infringe upon the right of people to EXECUTIVE REPORTS OF Post: Beirut, Lebanon. bear arms; to the Committee on the Judici- COMMITTEES The following is a list of all members of my immediate family and their spouses. I ary. The following executive reports of POM–125. A resolution adopted by the have asked each of these persons to inform Council of the City of Webster, Texas pro- nominations were submitted: me of the pertinent contributions made by tecting and defending the constitutional By Mr. MENENDEZ for the Committee on them. To the best of my knowledge, the in- right to keep and bear arms; to the Com- Foreign Relations. Steve A. Linick, of Vir- formation contained in this report is committee on the Judiciary. ginia, to be Inspector General, Department plete and accurate. POM–126. A resolution adopted by the of State. Contributions, amount, date, and donee: Blount County Board of Commissioners of * Matthew Winthrop Barzun, of Kentucky, 1. Self: N/A. the State of Tennessee protecting and de- to be Ambassador Extraordinary and Pleni- 2. Spouse: N/A. fending the constitutional right to keep and potentiary of the United States of America 3. Children and Spouses: N/A. Parents: Marjorie Freeman: $25, 5/20/10, bear arms; to the Committee on the Judici- to the United Kingdom of Great Britain and RNC; $25, 2/19/12, RNC; $10, 4/12/12, RNC; $20, 8/ ary. Northern Ireland. 15/12, RNC; $20, 9/21/12, RNC; $25, 9/27/12, Rom- POM–127. A resolution adopted by the New Nominee Matthew Winthrop Barzun. ney Victory Fund. Jersey State Federation of Women’s Clubs Post United Kingdom. 5. Grandparents: N/A. urging the President and the Congress of the (The following is a list of all members of my immediate family and their spouses. I 6. Brothers and Spouses: John Hale: $50, 5/ United States to enact legislation regarding 20/10; Bridgewater, NJ Republican Municipal gun control; to the Committee on the Judici- have asked each of these persons to inform me of the pertinent contributions made by Committee. ary. 7. Sisters and Spouses: N/A. POM–128. A resolution adopted by the them. To the best of my knowledge, the information contained in this report is com- Mayor and Council of the Borough of *Liliana Ayalde, of Maryland, a Career plete and accurate.) Edgewater, New Jersey expressing its condo- Member of the Senior Foreign Service, Class Contributors, amount, date, and donee: lences and support for the victims of gun vio- of Career Minister, to be Ambassador Ex- 1. Self: $215, 2/23/2009, Democratic National lence and their families in Newtown, CT, Au- traordinary and Plenipotentiary of the Committee; $2,500, 9/12/2011, Chandler; $5,000, rora, CO, Blacksburg, VA, Oak Creek, WI, United States of America to the Federative 9/8/2011, Tim Kaine/Virginia; $35,800, 9/9/2011, Tucson, AZ, and other communities through- Republic of Brazil. out the United States; to the Committee on Obama Victory Fund; $2,500, 10/10/2011, Yar- Nominee: Liliana Ayalde the Judiciary. muth; $5,000, 12/15/2011, DWS for Congress Post: State/WHA POM–129. A resolution adopted by the City Weston FL; $9,200, 12/31/2011, Swing State (The following is a list of all members of of River Oaks, Texas supporting the Con- Victory Chicago; $30,800, 1/13/2012, Obama my immediate family and their spouses. I stitution of the United States and defending Victory Fund; $5,000, 1/30/2012, Mark Warner/ have asked each of these persons to inform the constitutional right to keep and bear Senator-Virginia; $5,000, 3/10/2012, Claire me of the pertinent contributions made by arms; to the Committee on the Judiciary. McCaskill/Senator-Missouri; $2,500, 3/24/2012, them. To the best of my knowledge, the in- POM–130. A resolution adopted by the Yarmuth; $2,500, 6/29/2012, Chandler, Ben for formation contained in this report is com- Board of Trustees of the Village of Tupper Congress; $2,500 7/26/2012, Russ Carnahan/U.S. plete and accurate.) Lake, New York opposing any legislation in- Senate; $2,500, 8/2/2012, Jon Tester/U.S. Sen- Contributions, amount, date, and donee: fringing upon the right of the people to keep ate; $100,000, 9/12/2012, Committee for Char- 1. Self: None. and bear arms; to the Committee on the Ju- lotte 2 NC; $2,500, 9/25/2012, Kentucky Hse 2. Spouse: Luis Jorge Narvaez: None. diciary. Dem Caucus; $2,500, 10/30/2012, Shelli Yoder/ 3. Children and Spouses Names: Stefanie POM–131. A resolution adopted by the Congress. Narvaez: None. Natalia Narvaez: None. Council of the City of Naples, Florida urging 2. Spouse: Brooke Browne Barzun: $35,800, 4. Parents Names: Jaime Ayalde: None. Congress and the President to protect the 9/9/2011, Obama Victory Fund; $2,500, 10/10/ Mercedes Ayalde: None.

VerDate Mar 15 2010 07:52 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.025 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6205 5. Grandparents Names: Fernando Ayalde: of Minister-Counselor, to be Ambassador Ex- potentiary of the United States of America Deceased; Elvia Ayalde: Deceased; Max traordinary and Plenipotentiary of the to the Holy See. Llorente: Deceased; Mercedes Llorente: De- United States of America to the Democratic Nominee: Kenneth Francis Hackett. ceased. Republic of the Congo. Post: Ambassador to the Holy See. 6. Brothers and Spouses Names: Jaime Nominee: James Swan. (The following is a list of all members of Post: Kinshasa, Democratic Republic of Ayalde: None. Julie Ayalde: None. my immediate family and their spouses. I 7. Sisters and Spouses Names: Gloria the Congo. have asked each of these persons to inform Perez-Ayalde: Deceased; Gustavo Perez: (The following is a list of all members of me of the pertinent contributions made by None. Maria Eugenia Ayalde: None. Sergio my immediate family and their spouses. I them. To the best of my knowledge, the in- Romero: None. have asked each of these persons to inform me of the pertinent contributions made by formation contained in this report is com- *Kirk W.B. Wagar, of Florida, to be Ambas- them. To the best of my knowledge, the in- plete and accurate.) sador Extraordinary and Plenipotentiary of formation contained in this report is com- Contributions, amount, date, and donee: the United States of America to the Republic plete and accurate.) 1. Self: $250, 8/05/12, B. Obama; $250, 10/04/12, of Singapore. Contributions, amount, date, and donee: B. Obama. Nominee: Kirk W.B. Wagar 1. Self: none. 2. Spouse: Joan: 0. Post: Singapore 2. Spouse: none. 3. Children and Spouses: Jennifer: 0; Mi- (The following is a list of all members of 3. Children and Spouses: Mitchell Henry chael: 0. my immediate family and their spouses. I Swan (Minor): none; Garner Victoria Swan 4. Parents: Francis Mitchell: 0. have asked each of these persons to inform (Minor): none. 5. Grandparents: None. me of the pertinent contributions made by 4. Parents: Harold Frank Swan—deceased; 6. Brothers and Spouses: Francis X Hack- them. To the best of my knowledge, the in- Corinne Anne Waltham—deceased. ett: 0; Joseph & Ellie Hackett: 0. formation contained in this report is com- 5. Grandparents: James Swan—deceased; plete and accurate.) Ethel Victoria Swan—deceased; Bertha 7. Sisters and Spouses: Mary & Philip Contributions, amount, date, and donee: Chamberlain—deceased; Donald Waltham— Rowlinson: 0; Kathryn Hackett: 0; Marjorie & 1. Self: $5,000, 9/30/10, Democratic Congres- deceased. David Weeks: 0. sional Campaign Cmte; $2,500, 4/29/11, Obama, 6. Brothers and Spouses: (no brother). Barack; $2,500, 4/29/11, Obama, Barack; $2,300, 7. Sisters and Spouses: Carol Anne Swan: Alexa Lange Wesner, of Texas, to be Am- 3/15/07, Obama, Barack; $2,300, 11/14/07, Wex- none; Wolf Reade (husband): none. bassador Extraordinary and Plenipotentiary ler, Robert; $2,300, 5/7/07, Kerry, John; $1,500, of the United States of America to the Re- 12/25/07, Loebsack, David; $1,000, 10/5/07, *John R. Phillips, of the District of Colum- public of Austria. Democratic Party of Iowa; $1,000, 2/26/08, bia, to be Ambassador Extraordinary and Nominee: Alexa Lange Wesner. Plenipotentiary of the United States of Warner, Mark; $1,000, 1/15/10, Coakley, Mar- Post: U.S. Ambassador to the Republic of America to the Italian Republic, and to serve tha; $500, 4/25/08, Carson Andre; $500, 7/10/08, Austria. concurrently and without additional com- Clinton, Hillary; $400, 3/19/08, Montana Demo- (The following is a list of all members of pensation as Ambassador Extraordinary and cratic Central Cmte; $250, 11/9/11, McCaskill, my immediate family and their spouses. I Plenipotentiary of the United States of Claire; $1,000, 3/30/11, American Assn for Jus- have asked each of these persons to inform tice; $1,000, 7/31/12, American Assn for Jus- America to the Republic of San Marino. Nominee: John R. Phillips. me of the pertinent contributions made by tice; $1,000, 7/6/07, American Assn for Justice; them. To the best of my knowledge, the in- $2,500, 11/21/11, Kaine, Tim; $250, 12/7/11, Post: U.S. Ambassador to Italy. (The following is a list of all members of formation contained in this report is com- Kaine, Tim; $250, 11/9/11, Tester, Jon; $250, 11/ my immediate family and their spouses. I plete and accurate.) 30/11, Brown, Sherrod; $30,800, 4/29/11, DNC have asked each of these persons to inform Contributions, amount, date, and donee: Services Corp; 15,200, 3/31/10, DNC Services me of the pertinent contributions made by Self: $5,000, 06/27/13, Progress Texas PAC; Corp; $5,000, 10/31/09, DNC Services Corp; them. To the best of my knowledge, the in- $5,000, 05/29/13, Battleground Texas PAC; $5,000, 10/31/09, DNC Services Corp; $1,000, 7/1/ formation contained in this report is com- $1,000, 03/14/13, Udall for Colorado; $10,000, 03/ 09, DNC Services Corp; $28,500, 6/16/08, DNC plete and accurate.) 12/13, Progress Texas PAC; $10,000, 03/08/13, Services Corp. Contributions, amount, date, and donee. 2. Spouse: $2,195, 2/19/12, Obama, Barack; Progress Texas PAC; $10,000, 12/13/12, 1. Self: $2,500, Summer 2012, Friends of Joe $1,000, 10/7/12, Obama, Barack; $305, 2/19/12, Progress Texas PAC; $10,000, 11/14/12, Kennedy; $2,500, 11/02/2012, Friends of Lois Obama, Barack; $250, 3/29/12, Jacobs, Kristin; Progress Texas PAC; $2,000, 09/30/12, Carmona Capps for Congress (California); $2,500, Octo- $200, 11/2/11, Obama, Barack; $1,000, 6/8/11, for Arizona; $1,000, 09/30/12, Martin Heinrich ber 2012, Chris Murphy (Connecticut); $2,500, Obama, Barack; $290, 9/19/12, Obama, Barack; for Senate; $2,500, 08/21/12, McCaskill for Mis- October 2012, Richard Carmona (Arizona); $500, 6/17/09, Gibson, Shirley; $500, 8/20/08, souri; $2,500, 05/15/12, Elizabeth for MA; $2,500, $2,500, October 2012, Shelley Berkley (Ne- Obama, Barack; $250, 9/30/09, Meek, Kendrick; 05/15/12, Elizabeth for MA; $30,800, 02/29/12, vada); $2,500, October 2012, Tammy Baldwin $250, 3/31/07, Obama, Barack. DNC Services Corp; $2,000, 01/09/12, Al (Wisconson); $2,500, October 2012, Joe Don- Franken for Senate; $1,012, 12/30/11, Dem *Terence Patrick McCulley, of Wash- nelly (Indiana); $2,500, October 2012, Jon Party of Virginia; $1,012, 12/27/11, Dem Party ington, a Career Member of the Senior For- Tester (Wyoming); $2,500, October 2012, Claire of Colorado; $552, 12/27/11, Dem Party of Ne- eign Service, Class of Minister-Counselor, to McCaskill (Missouri); $2,500, September 2012, vada; $1,012, 12/27/11, Dem Party of North be Ambassador Extraordinary and Pleni- Elizabeth for Mass; $2,500, 8/21/2012, Act Blue; Carolina; $552, 12/27/11, Dem Party of Wis- potentiary of the United States of America $2,500, 8/19/2012, Berman for Congress; $2,500, consin; $276, 12/27/11, N.H. Dem. State Cmte.; to the Republic of Cote d’Ivoire. 4/02/2012, Friends of Joe Kennedy; $2,500, 3/28/ $1,564, 12/27/11, Dem. Exec Cmte of Fld.; Nominee: Terence Patrick McCulley. 2012, Elizabeth for Mass; $30,800, 3/27/2012, $1,472, 12/27/11, Dem Party of Ohio; $1,196, 12/ Post: Republic of Coˆ te d’Ivoire. Obama Victory Fund; $2,500, 3/06/2012, Kaine 27/11, Dem Party of Pennsylvania; $276, 12/27/ (The following is a list of all members of for Virginia; $9,200, 12/14/2011, Swing State 11, MI Dem. State Central Cmte; $2,500, 09/23/ my immediate family and their spouses. I Victory Fund; $2,500, Fall 2011, Berman for 11, Kaine for Virginia; $2,500, 06/28/11, Kaine have asked each of these persons to inform Congress; $35,800, 5/18/2011, Obama Victory for Virginia; $2,500, 05/03/11, Klobuchar, Amy; me of the pertinent contributions made by Fund; $2,500, 4/26/2011, Kaine for Virginia; $2,500, 04/04/11, Obama, Barack; $2,500, 04/04/11, them. To the best of my knowledge, the in- $35,800, 4/7/2011, Obama Victory Fund; $16,000, Obama, Barack; $400, 04/04/11, DNC Services formation contained in this report is com- 12/22/2010, DNC; $2,500, Summer 2012, Friends Corp; $2,500, 04/04/11, Gillibrand, Kirsten; plete and accurate.) of Joe Kennedy; $2,600, May 2013, Markey for $2,500, 03/30/11, Cantwell, Maria; $2,500, 03/25/ Contributions, amount, date, and donee: Senate. 11, McCaskill, Claire; $2,400, 01/17/11, Friends 1. Self: none. S. Spouse: Linda D. Douglass: 0. of Sherrod Brown; $30,400, 01/07/11, DNC Serv- 2. Spouse: none. 3. Children and Spouses: Katherine D. Byrd ices Corp; $500, 07/08/10, Bennet for Colorado; 3. Children and Spouses: Sean Patrick (daughter): Keith Byrd (son-in-law); 0. $2,400, 05/27/10, Friends of Mark Warner; McCulley: none; Liam Tyler McCulley: none. 4. Parents: Hilda M. Phillips—deceased; $2,400, 05/27/10, Friends of Mark Warner; $500, 4. Parents: William M. McCulley—de- William E. Phillips—deceased. 05/06/10, Mark Critz for Congress; $30,400, 03/ ceased; Doris J. McCulley: none. 5. Grandparents: Lucy Colussi—deceased; 5. Grandparents: Roy Millage—deceased; 24/10, DNC Services Corp; $2,400, 03/24/10, Angelo Filippi—deceased. ¥ Grace Millage Smith—deceased; Jesse 6. Brother: Ernest A. Phillips: Denise Phil- Robin Carnahan for Senate; $ 2,400, 03/10/10, McCulley—deceased; Elzie McCully—de- lips (sister-in-law): 0. Friends of Chris Dodd; $1,400, 03/02/10, Chet ceased. 7. Brother: William Phillips: telephone re- Edwards for Congress; $1,500, 01/21/10, Travis 6. Brothers and Spouses: Larry A. sponse indicated contributions to several Cnty Dem Party; $¥2,400, 01/20/10, Jack McCulley, none; Karen McCulley (sister-in- people but he has no records available to McDonald for Congress; $¥2,400, 01/20/10, law), none; Stephen W. McCulley, none; him. He has not responded further to my Jack McDonald for Congress; $1,000, 01/15/10, Christine McCulley (sister-in-law), none. written request. Martha Coakley for Senate; $1,000, 11/17/09, 7. Sisters and Spouses: none. 8. Sisters and Spouses: none. Rob Miller for Congress; $9,100, 09/30/09, DCCC; $1,000, 08/03/09, Annie’s List; $2,500, 07/ *James C. Swan, of California, a Career * Kenneth Francis Hackett, of Maryland, to 30/09, Moving Wilco Forward; $5,000, 06/30/09, Member of the Senior Foreign Service, Class be Ambassador Extraordinary and Pleni- Annie’s List; $2,400, 06/30/09, Robin Carnahan

VerDate Mar 15 2010 08:35 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.063 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6206 CONGRESSIONAL RECORD — SENATE August 1, 2013 for Senate; $1,000, 06/26/09, Chet Edwards for ject to the nominee’s commitment to supplements; to the Committee on Health, Congress; $500, 05/25/09, Franken Recount respond to requests to appear and tes- Education, Labor, and Pensions. Fund; $500, 05/14/09, Murphy, Scott; $30,400, 04/ tify before any duly constituted com- By Mr. BLUMENTHAL (for himself, 30/09, DNC Services Corp; $2,400, 03/31/09, Ciro mittee of the Senate. Mr. SCHUMER, Mr. WYDEN, Mrs. SHA- D. Rodriguez for Congress; $2,400, 03/31/09, HEEN, Ms. KLOBUCHAR, Mr. HEINRICH, Jack McDonald for Congress; $2,400, 03/31/09, (Nominations without an asterisk and Mr. SCHATZ): Jack McDonald for Congress; $2,400, 03/30/09, were reported with the recommenda- S. 1426. A bill to prohibit employers from Friends of Chris Dodd; $2,400, 03/30/09, Friends tion that they be confirmed.) compelling or coercing any person to authorize access to a protected computer, and for of Chris Dodd; $2,400, 02/26/09, Friends of f Harry Reid; $2,400, 02/26/09, Friends of Harry other purposes; to the Committee on Health, Reid. INTRODUCTION OF BILLS AND Education, Labor, and Pensions. Spouse: Blaine Fleming Wesner: $2,773, 11/ JOINT RESOLUTIONS By Mr. GRASSLEY (for himself and 07/12, National Venture Cap. Assn.; $578, 10/26/ Mr. FRANKEN): 12, Democratic Party of Virginia; $771, 10/20/ The following bills and joint resolu- S. 1427. A bill to amend title 11 of the 12, Dem Party of Wisconsin; $964, 10/20/12, tions were introduced, read the first United States Code to clarify the rule allow- Dem Executive Cmte of Fld.; $449, 10/20/12, and second times by unanimous con- ing discharge as a nonpriority claim of gov- Democratic Party of CO; $642, 10/20/12, Demo- sent, and referred as indicated: ernmental claims arising from the disposition of farm assets under chapter 12 bank- cratic Party of Iowa; $642, 10/20/12, Demo- By Mrs. HAGAN (for herself and Mr. cratic Party of Nevada; $449, 10/20/12, Demo- ruptcies; to the Committee on Finance. HATCH): By Mr. BENNET (for himself and Mr. cratic Party of North; $1,542, 10/20/12, Demo- S. 1417. A bill to amend the Public Health cratic Party of Ohio; $2,300, 07/25/12, Clinton, CRAPO): Service Act to reauthorize programs under S. 1428. A bill to amend the Robert T. Staf- Hillary; $30,800, 02/29/12, DNC Services Corp; part A of title XI of such Act; to the Com- ford Disaster Relief and Emergency Assist- $2,773, 12/21/11, National Venture Cap. Assn; mittee on Health, Education, Labor, and ance Act to provide for wildfire mitigation $2,500, 09/23/11, Kaine, Tim; $2,500, 09/23/11, Pensions. grants, and for other purposes; to the Com- Kaine, Tim; $30,800, 05/02/11, DNC Services By Mr. CARDIN: mittee on Homeland Security and Govern- Corp; $2,500, 05/02/11, Obama, Barack; $2,500, S. 1418. A bill to require the Attorney Gen- mental Affairs. 05/02/11, Obama, Barack; $2,773, 11/16/10, Na- eral to make competitive grants to State, By Mr. DURBIN: tional Venture Cap. Assn; $2,400, 05/27/10, tribal, and local governments to establish S. 1429. An original bill making appropria- Warner, Mark; $2,400, 05/27/10, Warner, Mark; and maintain witness protection and assist- tions for the Department of Defense for the ¥ $2,400, 03/02/10, Edwards, Chet; $ 2,400, 01/20/ ance programs; to the Committee on the Ju- fiscal year ending September 30, 2014, and for ¥ 10, McDonald, Jack; $ 2,400, 01/20/10, McDon- diciary. other purposes; from the Committee on Ap- ald, Jack; $5,000, 01/14/10, Forward Together By Mr. WYDEN (for himself and Ms. propriations; placed on the calendar. PAC; $2,773, 12/22/09, National Venture Cap. MURKOWSKI): By Mr. RISCH (for himself and Mr. Assn; $2,400, 03/31/09, McDonald, Jack; $2,400, S. 1419. A bill to promote research, devel- CRAPO): 03/31/09, McDonald, Jack. opment, and demonstration of marine and S. 1430. A bill to authorize the continued Children and Spouses: Natalie Keep hydrokinetic renewable energy technologies, use of certain water diversions located on Wesner: None; Tennyson Lange Wesner: and for other purposes; to the Committee on National Forest System land in the Frank None; Livia Hawk Wesner: None. Energy and Natural Resources. Church-River of No Return Wilderness and Parents: Per Lange: $1,000, 10/28/12, Obama, By Mrs. FISCHER (for herself, Mr. the Selway-Bitterroot Wilderness in the Barack; $250, 02/02/12, DNC Services Corp; GRASSLEY, Mr. CRAPO, and Mr. State of Idaho, and for other purposes; to the $2,500, 12/31/11, Obama, Barack; $250, 04/15/11, RISCH): Committee on Energy and Natural Re- DNC Services Corp; $250, 02/22/11, DNC Serv- S. 1420. A bill to amend title 31, United sources. ices Corp; Brigitte Lange: None. States Code, to provide for transparency of By Mr. WYDEN (for himself, Mr. Grandparents: Gertrude Bruecher-Herpel, payments made from the Judgment Fund; to THUNE, Mrs. SHAHEEN, Ms. AYOTTE, Herald Bruecher-Herpel—Deceased. Mr. BEGICH, Mr. BLUNT, Mrs. HAGAN, Brothers and Spouses: (I have no brothers), the Committee on the Judiciary. Mr. HELLER, Mr. UDALL of New Mex- NA. By Mr. LEAHY: ico, Mr. UDALL of Colorado, Mr. DON- Sisters and Spouses: (I have no sisters), S. 1421. A bill to amend the Internal Rev- NELLY, Mr. PRYOR, Mr. BARRASSO, NA. enue Code of 1986 to provide a refundable tax credit for the installation of sprinklers and Mr. CHAMBLISS, Mr. JOHNSON of Wis- * Daniel A. Sepulveda, of Florida, for the elevators in historic structures; to the Com- consin, Mr. SCOTT, and Mr. COCHRAN): S. 1431. A bill to permanently extend the rank of Ambassador during his tenure of mittee on Finance. Internet Tax Freedom Act; to the Committee service as Deputy Assistant Secretary of By Mr. CARDIN (for himself, Mr. on Finance. State for International Communications and CRAPO, Mr. KING, Mr. UDALL of New By Ms. HIRONO: Information Policy in the Bureau of Eco- Mexico, and Mrs. SHAHEEN): S. 1422. A bill to amend the Congressional S. 1432. A bill to direct the Secretary of the nomic, Energy, and Business Affairs and U.S. Interior to study the suitability and feasi- Budget Act of 1974 respecting the scoring of Coordinator for International Communica- bility of designating portions of the Ka’u preventive health savings; to the Committee tions and Information Policy. Coast in the State of Hawaii as a unit of the on the Budget. * Ryan Clark Crocker, of Washington, to be National Park System; to the Committee on By Mr. UDALL of Colorado (for him- a Member of the Broadcasting Board of Gov- Energy and Natural Resources. self, Mr. ALEXANDER, Ms. MURKOWSKI, ernors for a term expiring August 13, 2013. By Mr. BOOZMAN (for himself and Mr. * Ryan Clark Crocker, of Washington, to be Mr. UDALL of New Mexico, and Mr. PRYOR): a Member of the Broadcasting Board of Gov- HEINRICH): S. 1433. A bill to require that members of ernors for a term expiring August 13, 2016. S. 1423. A bill to amend the Energy Em- the Armed Forces who were killed or wound- * Matthew C. Armstrong, of Illinois, to be a ployees Occupational Illness Compensation ed in the attack that occurred at a recruit- Member of the Broadcasting Board of Gov- Program Act of 2000 to strengthen the qual- ing station in Little Rock, Arkansas, on ernors for a term expiring August 13, 2015. ity control measures in place for part B lung June 1, 2009, are treated in the same manner * Jeffrey Shell, of California, to be Chair- disease claims and to establish the Advisory as members who are killed or wounded in a man of the Broadcasting Board of Governors. Board on Toxic Substances and Worker combat zone; to the Committee on Armed * Jeffrey Shell, of California, to be a Mem- Health for the contractor employee com- Services. ber of the Broadcasting Board of Governors pensation program under subtitle E of such By Mr. MORAN (for himself and Mr. for a term expiring August 13, 2015. Act; to the Committee on Health, Education, ROBERTS): By Mr. LEAHY for the Committee on the Labor, and Pensions. S. 1434. A bill to designate the Junction Judiciary. By Mr. MURPHY (for himself, Mr. City Community-Based Outpatient Clinic lo- Patricia Ann Millett, of Virginia, to be BLUMENTHAL, Mr. DURBIN, Mr. HAR- cated at 715 Southwind Drive, Junction City, United States Circuit Judge for the District KIN, Mr. WHITEHOUSE, and Mr. COONS): Kansas, as the Lieutenant General Richard of Columbia Circuit. S. 1424. A bill to require the Supreme Court J. Seitz Community-Based Outpatient Clin- Gregory Howard Woods, of New York, to be of the United States to promulgate a code of ic; to the Committee on Veterans’ Affairs. United States District Judge for the South- ethics; to the Committee on the Judiciary. By Mrs. GILLIBRAND (for herself and ern District of New York. By Mr. DURBIN (for himself and Mr. Mr. MENENDEZ): Debra M. Brown, of Mississippi, to be BLUMENTHAL): S. 1435. A bill to amend title 49, United United States District Judge for the North- S. 1425. A bill to improve the safety of die- States Code, to provide certain port authori- ern District of Mississippi. tary supplements by amending the Federal ties, and for other purposes; to the Com- Elizabeth A. Wolford, of New York, to be Food, Drug, and Cosmetic Act to require mittee on Commerce, Science, and Transpor- United States District Judge for the Western manufacturers of dietary supplements to tation. District of New York. register dietary supplements with the Food By Mr. ENZI (for himself, Mr. PAUL, * Nomination was reported with rec- and Drug Administration and to amend la- Mr. VITTER, Mr. BARRASSO, Mr. ommendation that it be confirmed sub- beling requirements with respect to dietary RISCH, Mr. ISAKSON, and Mr. RUBIO):

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S. 1436. A bill to prevent a fiscal crisis by By Mr. ROCKEFELLER (for himself, By Mr. MCCONNELL (for himself and enacting legislation to balance the Federal Mr. BROWN, Ms. STABENOW, and Ms. Mr. PAUL): budget through reductions of discretionary HIRONO): S. 1457. A bill to exempt the aging process and mandatory spending; to the Committee S. 1446. A bill to amend the Internal Rev- of distilled spirits from the production pe- on the Budget. enue Code of 1986 to improve the afford- riod for purposes of capitalization of interest By Mr. WYDEN (for himself and Mr. ability of the health care tax credit, and for costs; to the Committee on Finance. MERKLEY): other purposes; to the Committee on Fi- By Mr. HOEVEN (for himself and Mr. S. 1437. A bill to provide for the release of nance. LEAHY): the reversionary interest held by the United By Mr. UDALL of New Mexico (for S. 1458. A bill to establish the Daniel Web- States in certain land conveyed in 1954 by himself and Mr. HEINRICH): ster Congressional Clerkship Program; to the the United States, acting through the Direc- S. 1447. A bill to make technical correc- Committee on Rules and Administration. tor of the Bureau of Land Management, to tions to certain Native American water By Mr. KIRK (for himself and Mr. the State of Oregon for the establishment of rights settlements in the State of New Mex- MENENDEZ): the Hermiston Agricultural Research and ico, and for other purposes; to the Com- S. 1459. A bill to amend title 49, United Extension Center of Oregon State University mittee on Indian Affairs. States Code, to prohibit the transportation in Hermiston, Oregon; to the Committee on By Ms. CANTWELL (for herself and of horses in interstate transportation in a Energy and Natural Resources. Mrs. MURRAY): motor vehicle containing 2 or more levels By Mr. PRYOR (for himself, Ms. COL- S. 1448. A bill to provide for equitable com- stacked on top of one another; to the Com- LINS, and Mr. BOOZMAN): pensation to the Spokane Tribe of Indians of mittee on Commerce, Science, and Transpor- S. 1438. A bill to amend the Balanced Budg- the Spokane Reservation for the use of tribal tation. et and Emergency Deficit Control Act of 1985 land for the production of hydropower by the By Mr. BLUMENTHAL (for himself, to provide that military technicians (dual Grand Coulee Dam, and for other purposes; Mr. WYDEN, Mr. UDALL of New Mex- status) shall be included in military per- to the Committee on Indian Affairs. ico, Mr. TESTER, Ms. BALDWIN, Mr. sonnel accounts for purposes of any order By Mr. ROCKEFELLER: HEINRICH, Mr. SCHATZ, Mr. DURBIN, issued under that Act; to the Committee on S. 1449. A bill to amend the Internal Rev- and Mr. MERKLEY): the Budget. enue Code of 1986 to provide that income at- S. 1460. A bill to create two additional By Mr. WARNER (for himself and Mr. tributable to certain passenger cruise voy- judge positions on the court established by ISAKSON): ages beginning or ending in the United the Foreign Intelligence Surveillance Act of S. 1439. A bill to amend title XVIII of the States shall be treated as effectively con- 1978 and modify the procedures for the ap- Social Security Act to provide for advanced nected with the conduct of a trade or busi- pointment of judges to that court, and for illness care coordination services for Medi- ness within the United States; to the Com- other purposes; to the Committee on the Ju- care beneficiaries, and for other purposes; to mittee on Finance. diciary. the Committee on Finance. By Mr. ROCKEFELLER: By Mr. NELSON: By Mr. REID (for Ms. LANDRIEU): S. 1450. A bill to amend the Internal Rev- S. 1461. A bill to establish a National Ca- S. 1440. A bill to amend the Small Business enue Code of 1986 to impose an ad valorem tastrophe Risks Consortium and a National Act to allow the use of physical damage dis- excise tax on certain passenger cruise voy- Homeowners’ Insurance Stabilization Pro- aster loans for the construction of safe ages, and for other purposes; to the Com- gram, and for other purposes; to the Com- rooms; to the Committee on Small Business mittee on Finance. mittee on Banking, Housing, and Urban Af- and Entrepreneurship. By Mrs. FEINSTEIN (for herself, Mr. fairs. By Mr. BENNET (for himself and Mr. REID, Mr. HELLER, and Mrs. BOXER): By Mr. THUNE (for himself, Mr. CRAPO): S. 1451. A bill to provide for environmental BLUNT, Mrs. MCCASKILL, and Mr. S. 1441. A bill to amend the Internal Rev- restoration activities and forest manage- PRYOR): enue Code of 1986 to facilitate water leasing ment activities in the Lake Tahoe Basin, to S. 1462. A bill to extend the positive train and water transfers to promote conservation amend title 18, United States Code, to pro- control system implementation deadline, and efficiency; to the Committee on Finance. hibit the importation or shipment of quagga and for other purposes; to the Committee on By Ms. CANTWELL (for herself, Mr. mussels, and for other purposes; to the Com- Commerce, Science, and Transportation. ROBERTS, Ms. COLLINS, Mr. KING, Mr. mittee on Environment and Public Works. By Mrs. BOXER (for herself and Mr. CARDIN, Mr. BROWN, Mr. MENENDEZ, By Mr. FRANKEN (for himself, Mr. VITTER): Mr. SCHUMER, Mrs. BOXER, Mr. LEAHY, Mr. UDALL of New Mexico, S. 1463. A bill to amend the Lacey Act FRANKEN, Mrs. GILLIBRAND, Mr. HAR- Mr. BLUMENTHAL, Mr. MERKLEY, Mr. Amendments of 1981 to prohibit importation, KIN, Ms. KLOBUCHAR, Mr. WHITE- UDALL of Colorado, Mr. WYDEN, Mr. exportation, transportation, sale, receipt, ac- HOUSE, Mrs. FEINSTEIN, Ms. HIRONO, TESTER, Mr. MARKEY, Mr. DURBIN, quisition, and purchase in interstate or for- Mr. SCHATZ, Ms. WARREN, Mr. and Ms. WARREN): eign commerce, or in a manner substantially BLUMENTHAL, Mr. MARKEY, and Mr. S. 1452. A bill to enhance transparency for affecting interstate or foreign commerce, of SANDERS): certain surveillance programs authorized by any live animal of any prohibited wildlife S. 1442. A bill to amend the Internal Rev- the Foreign Intelligence Surveillance Act of species; to the Committee on Environment enue Code of 1986 to make permanent the 1978 and for other purposes; to the Com- and Public Works. minimum low-income housing tax credit mittee on the Judiciary. By Mrs. SHAHEEN (for herself and Mr. rate for unsubsidized buildings and to pro- By Mr. CASEY: RISCH): vide a minimum 4 percent credit rate for ex- S. 1453. A bill to direct the Secretary of S. 1464. A bill to facilitate and enhance the isting buildings; to the Committee on Fi- Health and Human Services to establish an declassification of information that merits nance. interagency coordinating committee on pul- declassification, and for other purposes; to By Mr. UDALL of Colorado (for himself monary hypertension to develop rec- the Committee on Homeland Security and and Mr. BENNET): ommendations to advance research, increase Governmental Affairs. S. 1443. A bill to facilitate the remediation awareness and education, and improve By Mr. LEVIN (for himself, Mr. GRASS- of abandoned hardrock mines, and for other health and health care, and for other pur- LEY, Mrs. FEINSTEIN, and Mr. HAR- purposes; to the Committee on Environment poses; to the Committee on Health, Edu- KIN): and Public Works. cation, Labor, and Pensions. S. 1465. A bill to ensure that persons who By Mr. WYDEN (for himself and Mr. By Mr. REID (for Ms. LANDRIEU): form corporations in the United States dis- ISAKSON): S. 1454. A bill to authorize the Small Busi- close the beneficial owners of those corpora- S. 1444. A bill to amend title XVIII of the ness Administrator to establish a grant pro- tions, in order to prevent the formation of Social Security Act to provide payment gram to empower encore entrepreneurs; to corporations with hidden owners, stop the under part A of the Medicare Program on a the Committee on Small Business and Entre- misuse of United States corporations by reasonable cost basis for anesthesia services preneurship. wrongdoers, and assist law enforcement in furnished by an anesthesiologist in certain By Mr. COBURN (for himself, Mr. BAR- detecting, preventing, and punishing ter- rural hospitals in the same manner as pay- RASSO, and Mr. BOOZMAN): rorism, money laundering, tax evasion, and ments are provided for anesthesia services S. 1455. A bill to condition the provision of other criminal and civil misconduct involv- furnished by anesthesiologist assistants and premium and cost-sharing subsidies under ing United States corporations, and for other certified anesthetists in such hospitals; to the Patient Protection and Affordable Care purposes; to the Committee on the Judici- the Committee on Finance. Act upon a certification that a program to ary. By Mr. PRYOR: verify household income is operational; to By Mr. KIRK (for himself and Mr. S. 1445. A bill to amend the Public Health the Committee on Finance. MANCHIN): Service Act to provide for the participation By Ms. AYOTTE (for herself and Mr. S. 1466. A bill to establish a regulatory re- of optometrists in the National Health Serv- BENNET): view process for rules that the Adminis- ice Corps scholarship and loan repayment S. 1456. A bill to award the Congressional trator of the Environmental Protection programs, and for other purposes; to the Gold Medal to Shimon Peres; to the Com- Agency plans to propose, and for other pur- Committee on Health, Education, Labor, and mittee on Banking, Housing, and Urban Af- poses; to the Committee on Environment and Pensions. fairs. Public Works.

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.037 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6208 CONGRESSIONAL RECORD — SENATE August 1, 2013

By Mr. BLUMENTHAL (for himself, facture for the United States; to the Com- BURR, Ms. CANTWELL, Mr. CARDIN, Mrs. MURRAY, Mr. WYDEN, Mr. UDALL mittee on the Judiciary. Mr. CARPER, Mr. CASEY, Mr. CHAM- of Colorado, Mr. MERKLEY, Mr. UDALL By Mr. LEE (for himself, Mr. BAR- BLISS, Mr. CHIESA, Mr. COATS, Mr. of New Mexico, Mrs. GILLIBRAND, Mr. RASSO, and Mr. FLAKE): COBURN, Mr. COCHRAN, Ms. COLLINS, COONS, Mr. WHITEHOUSE, Mr. TESTER, S. 1479. A bill to address the forest health, Mr. COONS, Mr. CORKER, Mr. CORNYN, Mr. FRANKEN, Ms. BALDWIN, Mr. public safety, and wildlife habitat threat pre- Mr. CRAPO, Mr. CRUZ, Mr. DONNELLY, HEINRICH, Mr. MARKEY, Ms. HIRONO, sented by the risk of wildfire, including cata- Mr. DURBIN, Mr. ENZI, Mrs. FEIN- and Mr. SCHATZ): strophic wildfire, on National Forest System STEIN, Mrs. FISCHER, Mr. FLAKE, Mr. S. 1467. A bill to establish the Office of the land and public land managed by the Bureau FRANKEN, Mrs. GILLIBRAND, Mr. GRA- Special Advocate to provide advocacy in of Land Management by requiring the Sec- HAM, Mr. GRASSLEY, Mrs. HAGAN, Mr. cases before courts established by the For- retary of Agriculture and the Secretary of HARKIN, Mr. HATCH, Mr. HEINRICH, eign Intelligence Surveillance Act of 1978 the Interior to expedite forest management Ms. HEITKAMP, Mr. HELLER, Ms. and for other purposes; to the Committee on projects relating to hazardous fuels reduc- HIRONO, Mr. HOEVEN, Mr. INHOFE, Mr. the Judiciary. tion, forest health, and economic develop- ISAKSON, Mr. JOHANNS, Mr. JOHNSON By Mr. BROWN (for himself and Mr. ment, and for other purposes; to the Com- of Wisconsin, Mr. JOHNSON of South BLUNT): mittee on Energy and Natural Resources. Dakota, Mr. KAINE, Mr. KING, Mr. S. 1468. A bill to require the Secretary of By Mr. SCHUMER (for himself and KIRK, Ms. KLOBUCHAR, Ms. LANDRIEU, Commerce to establish the Network for Man- Mrs. GILLIBRAND): Mr. LEAHY, Mr. LEE, Mr. LEVIN, Mr. ufacturing Innovation and for other pur- S. 1480. A bill to amend the Robert T. Staf- MANCHIN, Mr. MARKEY, Mr. MCCAIN, poses; to the Committee on Commerce, ford Disaster Relief and Emergency Assist- Mrs. MCCASKILL, Mr. MENENDEZ, Mr. Science, and Transportation. ance Act to provide assistance for condomin- MERKLEY, Ms. MIKULSKI, Mr. MORAN, By Mr. PAUL: iums and housing cooperatives damaged by a Ms. MURKOWSKI, Mr. MURPHY, Mrs. S. 1469. A bill to provide higher-quality, major disaster, and for other purposes; to the MURRAY, Mr. NELSON, Mr. PAUL, Mr. lower-cost health care to seniors; to the Committee on Homeland Security and Gov- PORTMAN, Mr. PRYOR, Mr. REED, Mr. Committee on Finance. ernmental Affairs. RISCH, Mr. ROBERTS, Mr. ROCKE- By Mr. KAINE (for himself and Mr. By Ms. KLOBUCHAR: FELLER, Mr. RUBIO, Mr. SANDERS, Mr. WARNER): S. 1481. A bill to require issuers of long SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. S. 1470. A bill to amend the Federal Water term care insurance to establish third-party SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, Pollution Control Act with respect to the review processes for disputed claims; to the Ms. STABENOW, Mr. TESTER, Mr. guidelines for specification of certain dis- Committee on Health, Education, Labor, and THUNE, Mr. TOOMEY, Mr. UDALL of posal sites for dredged or fill material; to the Pensions. Colorado, Mr. UDALL of New Mexico, Committee on Environment and Public By Mr. HOEVEN (for himself, Ms. LAN- Mr. VITTER, Mr. WARNER, Ms. WAR- Works. DRIEU, Mr. PORTMAN, Ms. HEITKAMP, REN, Mr. WHITEHOUSE, Mr. WICKER, By Mr. COATS (for himself, Mr. DON- and Mr. VITTER): and Mr. WYDEN): NELLY, and Mr. BURR): S. 1482. A bill to recognize the primacy of S. Res. 212. A resolution commending S. 1471. A bill to authorize the Secretary of States, provide for the consideration of the David J. Schiappa; considered and agreed to. Veterans Affairs and the Secretary of the economic impact of additional regulations, By Mr. MENENDEZ (for himself, Mr. Army to reconsider decisions to inter or and provide for standards and requirements RUBIO, Mr. NELSON, Mr. KAINE, Mr. honor the memory of a person in a national relating to certain guidelines and regula- UDALL of New Mexico, Mr. MCCAIN, cemetery, and for other purposes; to the tions relating to health and the environ- and Mr. KIRK): Committee on Veterans’ Affairs. ment; to the Committee on Energy and Nat- S. Res. 213. A resolution expressing support By Ms. KLOBUCHAR (for herself and ural Resources. for the free and peaceful exercise of rep- Ms. COLLINS): By Ms. CANTWELL: resentative democracy in Venezuela and con- S. 1472. A bill to create a division within S. 1483. A bill to amend the Oil Pollution demning violence and intimidation against the Congressional Budget Office that would Act of 1990 to establish the Federal Oil Spill the country’s political opposition; to the perform regulatory analysis; to the Com- Research Committee, and to amend the Fed- Committee on Foreign Relations. mittee on the Budget. eral Water Pollution Control Act to include By Mr. PRYOR (for himself and Mr. By Ms. KLOBUCHAR: in a response plan certain planned and dem- BOOZMAN): S. 1473. A bill to develop a model disclosure onstrated investments in research relating S. Res. 214. A resolution designating the form to assist consumers in purchasing long- to discharges of oil and to modify the dates week of October 13, 2013, through October 19, term care insurance; to the Committee on by which a response plan must be updated; to 2013, as ‘‘National Case Management Week’’ Health, Education, Labor, and Pensions. the Committee on Commerce, Science, and to recognize the value of case management By Mr. BEGICH (for himself and Ms. Transportation. in improving healthcare outcomes for pa- MURKOWSKI): By Mr. REID (for Ms. LANDRIEU (for tients; to the Committee on the Judiciary. S. 1474. A bill to encourage the State of herself, Mr. VITTER, and Mr. COR- By Mr. KIRK (for himself, Ms. AYOTTE, Alaska to enter into intergovernmental NYN)): Mr. BARRASSO, Mr. COATS, Mr. CRAPO, agreements with Indian tribes in the State S. 1484. A bill to provide for an exchange of Mr. JOHNSON of Wisconsin, Mr. RUBIO, relating to the enforcement of certain State land between the Secretary of Agriculture and Mr. SHELBY): laws by Indian tribes, to improve the quality and the Sabine River Authority of Texas; to S. Res. 215. A resolution expressing the of life in rural Alaska, to reduce alcohol and the Committee on Agriculture, Nutrition, sense of the Senate that the Federal Govern- drug abuse, and for other purposes; to the and Forestry. ment should not bail out any State; to the Committee on Indian Affairs. By Ms. KLOBUCHAR (for herself and Committee on Banking, Housing, and Urban By Mr. MERKLEY: Affairs. Ms. MIKULSKI): S. 1475. A bill to establish the position of S. 1485. A bill to amend the Internal Rev- By Mr. MCCONNELL: National Nurse for Public Health, to be filled S. Res. 216. A resolution electing Laura C. enue Code of 1986 to provide an income tax by the same individual serving as the Chief Dove, of Virginia, as Secretary for the Mi- credit for eldercare expenses; to the Com- Nurse Officer of the Public Health Service; nority of the Senate; considered and agreed mittee on Finance. to the Committee on Health, Education, to. By Mr. CARPER (for himself and Mr. Labor, and Pensions. By Mr. KIRK (for himself, Mr. BROWN, COBURN): By Mr. REED (for himself and Mr. and Mr. DURBIN): S. 1486. A bill to improve, sustain, and BLUMENTHAL): S. Res. 217. A resolution expressing support S. 1476. A bill to amend the Internal Rev- transform the United States Postal Service; for designation of October 6, 2013, through enue Code of 1986 to expand the denial of de- to the Committee on Homeland Security and October 10, 2013, as ‘‘American College of duction for certain excessive employee remu- Governmental Affairs. Surgeons Days’’ and recognizing the 100th neration, and for other purposes; to the Com- f anniversary of the founding of the organiza- mittee on Finance. tion; considered and agreed to. By Mr. MORAN (for himself and Mr. SUBMISSION OF CONCURRENT AND By Mr. REID: THUNE): SENATE RESOLUTIONS S. Con. Res. 22. A concurrent resolution S. 1477. A bill to clarify the rights of Indi- The following concurrent resolutions providing for a conditional adjournment or ans and Indian tribes on Indian lands the Na- and Senate resolutions were read, and recess of the Senate and an adjournment of tional Labor Relations Act; to the Com- the House of Representatives; considered and mittee on Indian Affairs. referred (or acted upon), as indicated: agreed to. By Mr. CARDIN: By Mr. MCCONNELL (for himself, Mr. By Mr. CASEY: S. 1478. A bill to provide that certain uses REID, Mr. ALEXANDER, Ms. AYOTTE, S. Con. Res. 23. A concurrent resolution ex- of a patent or copyright in compliance with Ms. BALDWIN, Mr. BARRASSO, Mr. pressing the sense of Congress that the an order of the Federal Communications BAUCUS, Mr. BEGICH, Mr. BENNET, Mr. United States Postal Service should issue a Commission for emergency communications BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- commemorative postage stamp honoring the services shall be construed as use or manu- MAN, Mrs. BOXER, Mr. BROWN, Mr. Reverend Doctor Leon Sullivan and that the

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.039 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6209 Citizens’ Stamp Advisory Committee should KLOBUCHAR) was added as a cosponsor S. 635 recommend to the Postmaster General that of S. 420, a bill to amend the Internal At the request of Mr. BROWN, the such a stamp be issued; to the Committee on Revenue Code of 1986 to provide for the names of the Senator from Florida (Mr. Homeland Security and Governmental Af- NELSON) and the Senator from Lou- fairs. logical flow of return information between partnerships, corporations, isiana (Ms. LANDRIEU) were added as f trusts, estates, and individuals to bet- cosponsors of S. 635, a bill to amend the ADDITIONAL COSPONSORS ter enable each party to submit timely, Gramm-Leach-Bliley Act to provide an S. 15 accurate returns and reduce the need exception to the annual written pri- At the request of Mr. PAUL, the name for extended and amended returns, to vacy notice requirement. of the Senator from Missouri (Mr. provide for modified due dates by regu- S. 642 BLUNT) was added as a cosponsor of S. lation, and to conform the automatic At the request of Mr. ENZI, the name 15, a bill to amend chapter 8 of title 5, corporate extension period to long- of the Senator from New Hampshire United States Code, to provide that standing regulatory rule. (Mrs. SHAHEEN) was added as a cospon- major rules of the executive branch S. 424 sor of S. 642, a bill to amend the Public shall have no force or effect unless a At the request of Mr. BROWN, the Health Service Act and title XVIII of joint resolution of approval is enacted name of the Senator from Pennsyl- the Social Security Act to make the into law. vania (Mr. CASEY) was added as a co- provision of technical services for med- S. 132 sponsor of S. 424, a bill to amend title ical imaging examinations and radi- At the request of Mr. CARPER, the IV of the Public Health Service Act to ation therapy treatments safer, more name of the Senator from Delaware provide for a National Pediatric Re- accurate, and less costly. (Mr. COONS) was added as a cosponsor search Network, including with respect S. 653 of S. 132, a bill to provide for the ad- to pediatric rare diseases or conditions. At the request of Mr. BLUNT, the mission of the State of New Columbia S. 462 name of the Senator from Maine (Ms. into the Union. COLLINS) was added as a cosponsor of S. At the request of Mr. GRASSLEY, his S. 183 name was added as a cosponsor of S. 653, a bill to provide for the establish- At the request of Mrs. MCCASKILL, 462, a bill to enhance the strategic ment of the Special Envoy to Promote the name of the Senator from Wyoming partnership between the United States Religious Freedom of Religious Minori- (Mr. BARRASSO) was added as a cospon- and Israel. ties in the Near East and South Cen- sor of S. 183, a bill to amend title XVIII tral Asia. S. 489 of the Social Security Act to provide S. 654 At the request of Mr. THUNE, the for fairness in hospital payments under At the request of Mr. MORAN, his names of the Senator from Arkansas the Medicare program. name was added as a cosponsor of S. (Mr. BOOZMAN) and the Senator from S. 203 654, a bill to amend the Internal Rev- Wyoming (Mr. BARRASSO) were added At the request of Mr. KAINE, his enue Code of 1986 to provide for colle- as cosponsors of S. 489, a bill to amend name was added as a cosponsor of S. giate housing and infrastructure the Tariff Act of 1930 to increase and 203, a bill to require the Secretary of grants. the Treasury to mint coins in recogni- adjust for inflation the maximum S. 686 tion and celebration of the Pro Foot- value of articles that may be imported At the request of Mr. PRYOR, the ball Hall of Fame. duty-free by one person on one day, name of the Senator from Hawaii (Mr. S. 316 and for other purposes. SCHATZ) was added as a cosponsor of S. At the request of Mr. SANDERS, the S. 501 686, a bill to extend the right of appeal name of the Senator from Rhode Island At the request of Mr. SCHUMER, the to the Merit Systems Protection Board (Mr. REED) was added as a cosponsor of name of the Senator from Pennsyl- to certain employees of the United S. 316, a bill to recalculate and restore vania (Mr. CASEY) was added as a co- States Postal Service. retirement annuity obligations of the sponsor of S. 501, a bill to amend the S. 689 United States Postal Service, to elimi- Internal Revenue Code of 1986 to extend nate the requirement that the United At the request of Mr. HARKIN, the and increase the exclusion for benefits name of the Senator from New York States Postal Service prefund the Post- provided to volunteer firefighters and al Service Retiree Health Benefits (Mr. SCHUMER) was added as a cospon- emergency medical responders. sor of S. 689, a bill to reauthorize and Fund, to place restrictions on the clo- S. 557 sure of postal facilities, to create in- improve programs related to mental At the request of Mrs. HAGAN, the centives for innovation for the United health and substance use disorders. name of the Senator from New Hamp- States Postal Service, to maintain lev- S. 695 shire (Ms. AYOTTE) was added as a co- els of postal service, and for other pur- At the request of Mr. BOOZMAN, the sponsor of S. 557, a bill to amend title poses. name of the Senator from Illinois (Mr. XVIII of the Social Security Act to im- KIRK) was added as a cosponsor of S. S. 323 prove access to medication therapy At the request of Mr. DURBIN, the 695, a bill to amend title 38, United management under part D of the Medi- names of the Senator from New Hamp- States Code, to extend the authoriza- care program. shire (Mrs. SHAHEEN) and the Senator tion of appropriations for the Sec- S. 623 from New York (Mr. SCHUMER) were retary of Veterans Affairs to pay a added as cosponsors of S. 323, a bill to At the request of Mr. CARDIN, the monthly assistance allowance to dis- amend title XVIII of the Social Secu- name of the Senator from Connecticut abled veterans training or competing rity Act to provide for extended (Mr. MURPHY) was added as a cosponsor for the Paralympic Team and the au- months of Medicare coverage of im- of S. 623, a bill to amend title XVIII of thorization of appropriations for the munosuppressive drugs for kidney the Social Security Act to ensure the Secretary of Veterans Affairs to pro- transplant patients and other renal di- continued access of Medicare bene- vide assistance to United States alysis provisions. ficiaries to diagnostic imaging serv- Paralympics, Inc., and for other pur- S. 367 ices. poses. At the request of Mr. CARDIN, the S. 629 S. 710 name of the Senator from Colorado At the request of Mr. PRYOR, the At the request of Mr. WARNER, the (Mr. BENNET) was added as a cosponsor name of the Senator from Tennessee name of the Senator from Wisconsin of S. 367, a bill to amend title XVIII of (Mr. ALEXANDER) was added as a co- (Mr. JOHNSON) was added as a cosponsor the Social Security Act to repeal the sponsor of S. 629, a bill to amend title of S. 710, a bill to provide exemptions Medicare outpatient rehabilitation 38, United States Code, to recognize the from municipal advisor registration re- therapy caps. service in the reserve components of quirements. S. 420 the Armed Forces of certain persons by S. 719 At the request of Mr. ENZI, the name honoring them with status as veterans At the request of Mr. BLUMENTHAL, of the Senator from Minnesota (Ms. under law, and for other purposes. the name of the Senator from Delaware

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.040 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6210 CONGRESSIONAL RECORD — SENATE August 1, 2013 (Mr. COONS) was added as a cosponsor (Mrs. MCCASKILL) and the Senator from (Mr. WHITEHOUSE) was added as a co- of S. 719, a bill to provide for the ex- Louisiana (Mr. VITTER) were added as sponsor of S. 1114, a bill to provide for pansion of Federal efforts concerning cosponsors of S. 971, a bill to amend the identification of misaligned currency, the prevention, education, treatment, Federal Water Pollution Control Act to require action to correct the misalign- and research activities related to Lyme exempt the conduct of silvicultural ac- ment, and for other purposes. and other tick-borne diseases, includ- tivities from national pollutant dis- S. 1118 ing the establishment of a Tick-Borne charge elimination system permitting At the request of Mr. PORTMAN, the Diseases Advisory Committee. requirements. name of the Senator from Mississippi S. 723 S. 981 (Mr. COCHRAN) was added as a cospon- At the request of Mrs. GILLIBRAND, At the request of Mr. MENENDEZ, the sor of S. 1118, a bill to amend part E of the name of the Senator from Con- name of the Senator from Connecticut title IV of the Social Security Act to necticut (Mr. MURPHY) was added as a (Mr. MURPHY) was added as a cosponsor better enable State child welfare agen- cosponsor of S. 723, a bill to require the of S. 981, a bill to direct the Federal cies to prevent sex trafficking of chil- Commissioner of Social Security to re- Trade Commission to prescribe rules dren and serve the needs of children vise the medical and evaluation cri- prohibiting deceptive advertising of who are victims of sex trafficking, and teria for determining disability in a abortion services, and for other pur- for other purposes. person diagnosed with Huntington’s poses. At the request of Mr. WYDEN, the Disease and to waive the 24-month S. 1048 name of the Senator from Utah (Mr. waiting period for Medicare eligibility At the request of Mr. ISAKSON, the HATCH) was added as a cosponsor of S. for individuals disabled by Hunting- name of the Senator from Georgia (Mr. 1118, supra. ton’s Disease. CHAMBLISS) was added as a cosponsor of S. 1123 S. 734 S. 1048, a bill to revoke the charters for At the request of Mr. CARPER, the At the request of Mr. NELSON, the the Federal National Mortgage Cor- name of the Senator from Maine (Ms. name of the Senator from Tennessee poration and the Federal Home Loan COLLINS) was added as a cosponsor of S. (Mr. ALEXANDER) was added as a co- Mortgage Corporation upon resolution 1123, a bill to amend titles XVIII and sponsor of S. 734, a bill to amend title of their obligations, to create a new XIX of the Social Security Act to curb 10, United States Code, to repeal the Mortgage Finance Agency for the waste, fraud, and abuse in the Medicare requirement for reduction of survivor securitization of single family and and Medicaid programs. annuities under the Survivor Benefit multifamily mortgages, and for other S. 1143 Plan by veterans’ dependency and in- purposes. At the request of Mr. MORAN, the demnity compensation. S. 1056 name of the Senator from Minnesota S. 783 At the request of Mr. CASEY, the (Ms. KLOBUCHAR) was added as a co- At the request of Mr. WYDEN, the name of the Senator from Idaho (Mr. sponsor of S. 1143, a bill to amend title name of the Senator from North Caro- RISCH) was added as a cosponsor of S. XVIII of the Social Security Act with lina (Mrs. HAGAN) was added as a co- 1056, a bill to amend the Internal Rev- respect to physician supervision of sponsor of S. 783, a bill to amend the enue Code of 1986 to provide for a re- therapeutic hospital outpatient serv- Helium Act to improve helium stew- fundable adoption tax credit. ices. ardship, and for other purposes. S. 1064 S. 1158 S. 798 At the request of Mr. BROWN, the At the request of Mr. WARNER, the At the request of Mr. BROWN, the name of the Senator from New York names of the Senator from Tennessee names of the Senator from New Mexico (Mr. SCHUMER) was added as a cospon- (Mr. ALEXANDER), the Senator from (Mr. UDALL) and the Senator from sor of S. 1064, a bill to amend title Missouri (Mr. BLUNT), the Senator from Vermont (Mr. SANDERS) were added as XVIII of the Social Security Act to Georgia (Mr. ISAKSON), the Senator cosponsors of S. 798, a bill to address provide for treatment of clinical psy- from New Hampshire (Mrs. SHAHEEN), equity capital requirements for finan- chologists as physicians for purposes of the Senator from New Mexico (Mr. cial institutions, bank holding compa- furnishing clinical psychologist serv- UDALL), the Senator from Virginia (Mr. nies, subsidiaries, and affiliates, and ices under the Medicare program. KAINE), the Senator from Washington for other purposes. S. 1068 (Ms. CANTWELL), the Senator from S. 862 At the request of Mr. BEGICH, the Maine (Ms. COLLINS), the Senator from At the request of Ms. AYOTTE, the name of the Senator from Washington New Jersey (Mr. CHIESA), the Senator names of the Senator from Missouri (Ms. CANTWELL) was added as a cospon- from Kansas (Mr. MORAN), the Senator (Mrs. MCCASKILL) and the Senator from sor of S. 1068, a bill to reauthorize and from Maine (Mr. KING), the Senator Alaska (Mr. BEGICH) were added as co- amend the National Oceanic and At- from South Dakota (Mr. THUNE), the sponsors of S. 862, a bill to amend sec- mospheric Administration Commis- Senator from North Dakota (Mr. tion 5000A of the Internal Revenue sioned Officer Corps Act of 2002, and for HOEVEN) and the Senator from New Code of 1986 to provide an additional other purposes. York (Mr. SCHUMER) were added as co- religious exemption from the indi- S. 1075 sponsors of S. 1158, a bill to require the vidual health coverage mandate. At the request of Mr. MENENDEZ, the Secretary of the Treasury to mint S. 878 name of the Senator from New York coins commemorating the 100th anni- At the request of Mr. FRANKEN, the (Mrs. GILLIBRAND) was added as a co- versary of the establishment of the Na- name of the Senator from Wisconsin sponsor of S. 1075, a bill to extend the tional Park Service, and for other pur- (Ms. BALDWIN) was added as a cospon- phase-in of actuarial rates for flood in- poses. sor of S. 878, a bill to amend title 9 of surance for certain properties under S. 1174 the United States Code with respect to the Biggert-Waters Flood Insurance At the request of Mr. BLUMENTHAL, arbitration. Reform Act of 2012. the name of the Senator from Illinois S. 917 S. 1088 (Mr. KIRK) was added as a cosponsor of At the request of Mr. CARDIN, the At the request of Mr. FRANKEN, the S. 1174, a bill to award a Congressional name of the Senator from Tennessee name of the Senator from California Gold Medal to the 65th Infantry Regi- (Mr. ALEXANDER) was added as a co- (Mrs. FEINSTEIN) was added as a co- ment, known as the Borinqueneers. sponsor of S. 917, a bill to amend the sponsor of S. 1088, a bill to end dis- S. 1181 Internal Revenue Code of 1986 to pro- crimination based on actual or per- At the request of Mr. ENZI, the name vide a reduced rate of excise tax on ceived sexual orientation or gender of the Senator from South Carolina beer produced domestically by certain identity in public schools, and for (Mr. GRAHAM) was added as a cosponsor qualifying producers. other purposes. of S. 1181, a bill to amend the Internal S. 971 S. 1114 Revenue Code of 1986 to exempt certain At the request of Mr. WYDEN, the At the request of Mr. BROWN, the stock of real estate investment trusts names of the Senator from Missouri name of the Senator from Rhode Island from the tax on foreign investments in

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.028 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6211 United States real property interests, Employee Retirement Income Security setts (Ms. WARREN) was added as a co- and for other purposes. Act of 1974 and the Internal Revenue sponsor of S. Res. 206, a resolution des- S. 1188 Code of 1986 to provide for cooperative ignating September 2013 as ‘‘National At the request of Ms. COLLINS, the and small employer charity pension Prostate Cancer Awareness Month’’. name of the Senator from New Hamp- plans. S. RES. 208 shire (Ms. AYOTTE) was added as a co- S. 1313 At the request of Mr. CARDIN, the sponsor of S. 1188, a bill to amend the At the request of Mr. RUBIO, the name of the Senator from Colorado Internal Revenue Code of 1986 to mod- name of the Senator from Missouri (Mr. UDALL) was added as a cosponsor ify the definition of full-time employee (Mr. BLUNT) was added as a cosponsor of S. Res. 208, a resolution designating for purposes of the individual mandate of S. 1313, a bill to promote trans- the week beginning September 8, 2013, in the Patient Protection and Afford- parency, accountability, and reform as ‘‘National Direct Support Profes- able Care Act. within the United Nations system, and sionals Recognition Week’’. for other purposes. S. 1235 f S. 1320 At the request of Mr. TOOMEY, the STATEMENTS ON INTRODUCED At the request of Mr. DONNELLY, the name of the Senator from Mississippi BILLS AND JOINT RESOLUTIONS names of the Senator from Arkansas (Mr. WICKER) was added as a cosponsor (Mr. PRYOR) and the Senator from Ha- By Mr. WYDEN (for himself and of S. 1235, a bill to restrict any State or waii (Mr. SCHATZ) were added as co- Ms. MURKOWSKI): local jurisdiction from imposing a new sponsors of S. 1320, a bill to establish a S. 1419. A bill to promote research, discriminatory tax on cell phone serv- tiered hiring preference for members of development, and demonstration of ices, providers, or property. the reserve components of the armed marine and hydrokinetic renewable en- S. 1254 forces. ergy technologies, and for other pur- At the request of Mr. NELSON, the S. 1335 poses; to the Committee on Energy and names of the Senator from California At the request of Ms. MURKOWSKI, the Natural Resources. (Mrs. BOXER), the Senator from New names of the Senator from Idaho (Mr. Mr. WYDEN. Mr. President, today Mexico (Mr. HEINRICH) and the Senator RISCH) and the Senator from South Da- Senator MURKOWSKI and I are intro- from Oregon (Mr. WYDEN) were added kota (Mr. THUNE) were added as co- ducing legislation to promote a new as cosponsors of S. 1254, a bill to amend sponsors of S. 1335, a bill to protect and form of hydropower, marine the Harmful Algal Blooms and Hypoxia enhance opportunities for recreational hydrokinetic renewable energy, or Research and Control Act of 1998, and hunting, fishing, and shooting, and for MHK. An MHK project generates en- for other purposes. other purposes. ergy from waves, currents, and tides in S. 1269 S. 1343 the ocean, an estuary or a tidal area as well as from the free-flowing water in a At the request of Mr. FRANKEN, the At the request of Mr. GRASSLEY, the name of the Senator from Alaska (Mr. name of the Senator from Kansas (Mr. river, lake, or stream. Our bill will help commercialize BEGICH) was added as a cosponsor of S. ROBERTS) was added as a cosponsor of MHK technologies through research 1269, a bill to amend the Workforce In- S. 1343, a bill to protect the informa- and development and a more efficient vestment Act of 1998 to support com- tion of livestock producers, and for and timely regulatory process for the munity college and industry partner- other purposes. siting of pilot projects intended to ships, and for other purposes. S. 1349 demonstrate the viability of these At the request of Mr. MORAN, the S. 1272 technologies. It is an ideal follow-up to name of the Senator from North Caro- At the request of Mr. ROBERTS, the a pair of bills, H.R. 267 and H.R. 678, to lina (Mrs. HAGAN) was added as a co- name of the Senator from Illinois (Mr. streamline the regulatory process for sponsor of S. 1349, a bill to enhance the KIRK) was added as a cosponsor of S. low-impact conventional hydropower ability of community financial institu- 1272, a bill to provide that certain re- that were reported by the Committee tions to foster economic growth and quirements of the Patient Protection on Energy and Natural Resources by serve their communities, boost small and Affordable Care Act do not apply if unanimous bipartisan votes a few businesses, increase individual savings, the American Health Benefit Ex- months ago. Considered together, the and for other purposes. changes are not operating on October 1, two conventional hydropower bills ap- 2013. S. 1351 proved by the Committee along with At the request of Mr. THUNE, the S. 1282 this MHK legislation are a major step name of the Senator from Wyoming At the request of Ms. WARREN, the forward in advancing carbon-free hy- (Mr. ENZI) was added as a cosponsor of names of the Senator from California dropower technologies. S. 1351, a bill to provide for fiscal gap (Mrs. BOXER), the Senator from Massa- MHK has tremendous potential to and generational accounting analysis chusetts (Mr. MARKEY) and the Senator generate a substantial amount of clean in the legislative process, the Presi- from Wisconsin (Ms. BALDWIN) were renewable energy in the United States dent’s budget, and annual long-term and across the globe. It is poised to be added as cosponsors of S. 1282, a bill to fiscal outlook reports. reduce risks to the financial system by a key participant in the transition to a S. 1385 limiting banks’ ability to engage in low carbon economy. At the request of Mr. COONS, the certain risky activities and limiting What distinguishes MHK from con- name of the Senator from California conflicts of interest, to reinstate cer- ventional hydropower is that it gen- (Mrs. FEINSTEIN) was added as a co- erates energy without the use of a dam tain Glass-Steagall Act protections sponsor of S. 1385, a bill to provide for that were repealed by the Gramm- or other impoundment. This gets MHK the appointment of additional Federal off on the right foot in terms of mini- Leach-Bliley Act, and for other pur- circuit and district judges, and for poses. mizing any adverse environmental im- other purposes. pact. Investments to capture our na- S. 1300 S. CON. RES. 13 tion’s rich domestic marine energy re- At the request of Mr. FLAKE, the At the request of Mr. CASEY, the sources can also play a major role in name of the Senator from Wyoming name of the Senator from New Hamp- the creation of essential domestic engi- (Mr. BARRASSO) was added as a cospon- shire (Mrs. SHAHEEN) was added as a co- neering and manufacturing jobs. sor of S. 1300, a bill to amend the sponsor of S. Con. Res. 13, a concurrent The energy contained in predictable Healthy Forests Restoration Act of resolution commending the Boys & waves, tidal flows and currents is the 2003 to provide for the conduct of stew- Girls Clubs of America for its role in basis for worldwide investments in this ardship end result contracting projects. improving outcomes for millions of emerging industry. Water is approxi- S. 1302 young people and thousands of commu- mately 800 times denser than air, pro- At the request of Mr. HARKIN, the nities. viding great potential power density name of the Senator from North Caro- S. RES. 206 along with predictability. These char- lina (Mrs. HAGAN) was added as a co- At the request of Mr. SESSIONS, the acteristics mean that MHK tech- sponsor of S. 1302, a bill to amend the name of the Senator from Massachu- nologies could provide predictable

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.029 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6212 CONGRESSIONAL RECORD — SENATE August 1, 2013 base-load renewable power in the fu- I am very pleased that my home Unfortunately, in addition to the ture. State of Oregon has made a strategic limited private sector funding avail- At the present time there are many decision to be an international leader able to these startup companies, per- different types of MHK technologies in the commercialization of the marine mitting and regulatory obstacles are with multiple applications under devel- renewable energy industry. Led by the tremendous disincentives to tech- opment that are intended to capture Oregon Wave Energy Trust, the North- nology developers of marine energy the power contained in waves, tides west National Marine Renewable En- projects in the United States. While and currents. ergy Center co-located at Oregon State other countries have adopted permit- Wave energy devices capture the University, and several private compa- ting and regulatory regimes that ap- heave and/or surge power of waves and nies that are part of the MHK supply pear to be more efficient, the United convert them via hydraulic or geared chain, Oregon is positioning itself to be States is still struggling with how to direct drive systems into electricity. a leading force supporting this newly permit and regulate these technologies. Some of these devices are moored to emerging industry. I cannot overstate the seriousness of the ocean floor, some are floating on Unfortunately, the U.S. is falling be- this problem. To give just one example, the surface, while others are attached hind in the race to capture the rich en- it took one MHK developer 5 years and to breakwaters near shore. By last ergy potential of our oceans and the $2 million to obtain a license from the count, there are over 100 wave energy jobs that will come with this new in- Federal Energy Regulatory Commis- dustry. The United Kingdom, Ireland, devices under development worldwide. sion for a 1.5 megawatt project. Tidal energy technologies capture the Portugal, Scotland, Australia, and The regulatory situation is simply ebb and flow of tides. It is estimated other countries are committed to pro- unacceptable and is greatly slowing that 60 different tidal energy tech- ducing emission-free, renewable energy progress in the MHK industry. Until from MHK sources. Scotland has had a nologies are under development world- companies get projects in the water, grid-connected, wave energy convertor wide. There are other technologies that Congress and the public will not learn unit in operation since 2001 and main- include run-of-river systems and off- about the environmental impacts, engi- tains a national goal of producing 2 GW shore ocean current technologies. Most neering challenges or the true costs of of generation capacity from MHK re- of these technologies under develop- offshore renewables. newable energy. The U.K. and Ireland ment capture uni-directional water Capturing the benefits of our vast have also set aggressive goals for MHK flows and look similar to the tidal de- marine-based renewable resources will generation by 2020. vices. The Ocean Renewable Energy Coali- require a mix of new incentives, up- The United States has not been a tion, the industry’s trade group here in dated regulatory regimes and general world leader in the development of Washington DC, calculates that more outreach and education. However, the these cutting edge technologies to than $782 million has been spent by the most important actions that can be date. Instead, our country is seen as a UK government on wave energy R&D taken by the Federal Government in huge potential market for our inter- over the past 10 years. That total ap- the short term are to provide the nec- national competitors in this new indus- proaches $1 billion over the same pe- essary resources for research, develop- trial sector. The United States has sig- riod if you add in the commitments to ment and demonstration of various ma- nificant wave, tidal, current and in- ocean energy R&D from France, Por- rine renewable energy technology plat- stream energy resources. The Electric tugal, Spain, Norway, and Denmark. forms and a workable and efficient reg- Power Research Institute has esti- Early funding support, along with de- ulatory process. Increased federal sup- mated that the commercially available velopment of full-scale device testing port will accelerate deployment of wave energy potential off the coast of centers, demonstrates that the signifi- these technologies, create thousands of the United States is roughly 252 mil- cant technological advances and the high paying jobs, give confidence to in- lion megawatt hours—equal to 6.5 per- competitive advantages in this indus- vestors, and help attract private cap- cent of today’s entire generating port- try are trending in Europe’s direction. ital. folio. This is approximately the As an example of the disparity in in- The Marine and Hydrokinetic Renew- amount of electricity presently being vestments, Europe currently has sev- able Energy Act of 2013 helps accom- produced by the existing fleet of Amer- eral wave and tidal energy test facili- plish these goals in a number of ways. ican conventional hydroelectric dams. ties, led by the European Marine En- It reauthorizes the DOE’s MHK re- The Department of Energy, DOE, has ergy Center in Scotland, that are help- search, development and demonstra- released two nationwide resource as- ing technology developers commer- tion 3 programs, including the National sessments that indicate the waves, cialize their wave and tidal energy Marine Renewable Energy Research, tides, and ocean currents off the na- convertors. The United States clearly Development, and Demonstration Cen- tion’s coasts could contribute signifi- has a need for such infrastructure. I ters. cantly to the United States’ total an- know that Oregon State University has Increased resources for the DOE nual electricity production. DOE is a strong desire to compete for funding Water Power Program will enable the currently developing an aggressive to help establish a testing center in the United States to leverage its techno- strategy to support its vision of pro- Pacific Northwest. Unfortunately, re- logical superiority in shipbuilding and ducing at least fifteen percent of our cent funding levels have not supported offshore oil and gas production. This nation’s electricity from water power, development of such offshore testing will create jobs and diversify these including conventional hydropower, by infrastructure in the U.S. to date. maritime industries. In the absence of 2030. Given this internationally competi- such funding, however, the United Our goal should be the establishment tive situation, I believe that Congress States will have to depend on foreign of a commercially viable U.S. MHK re- must make targeted Federal invest- suppliers for ocean energy tech- newable energy industry, supported by ments to close the gap. Commercializa- nologies, and will have missed a sig- a robust domestic supply chain for fab- tion of technologies to harness marine nificant opportunity to expand our eco- rication, installation, operations and renewable energy resources will re- nomic competiveness in this renewable maintenance of MHK devices. The de- quire Federal funding to augment re- energy sector. velopment of a substantial marine search and development efforts already The regulatory component of the bill hydrokinetic industry in the U.S. could underway in the private sector. Just as makes the regulatory process for MHK drive billions of dollars of investment the wind and solar industries have re- of not more than 10 MW more efficient in heavy industrial and maritime sec- ceived DOE funding support for over 3 and timely. It modifies and improves tors, as well as in advanced electrical decades, which has resulted in the the FERC ‘‘pilot license’’ process in systems and materials common to rapid deployment of these technologies many ways. Improvements include a many renewable technologies. Federal in recent years, the nascent marine en- goal to complete the pilot license proc- investments would stimulate private ergy industry seeks similar Federal as- ess in 12 months or less; a designation funds and jobs in the construction, sistance to develop promising tech- of FERC as the ‘‘Lead Agency’’ for the manufacturing, engineering, and envi- nologies that are on the verge of com- purpose of coordinating environmental ronmental science sectors. mercial viability. review; a clarification that any shut

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.041 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6213 down requirement be ‘‘reasonable,’’ and ‘‘(2) to establish critical testing infrastruc- SEC. 104. AUTHORIZATION OF APPROPRIATIONS. a clarification that an MHK project ture necessary— Section 636 of the Energy Independence does not need to be removed when it is ‘‘(A) to cost effectively and efficiently test and Security Act of 2007 (42 U.S.C. 17215) is shut down if FERC deems leaving it in and prove marine and hydrokinetic renew- amended by striking ‘‘2008 through 2012’’ and able energy devices; and inserting ‘‘2014 through 2017’’. place is preferable for environmental ‘‘(B) to accelerate the technological readi- and other reasons TITLE II—MARINE AND HYDROKINETIC ness and commercialization of those devices; RENEWABLE ENERGY REGULATORY EF- MHK is a clean, home-grown, emis- ‘‘(3) to support efforts to increase the effi- FICIENCY sions-free source of electricity that can ciency of energy conversion, lower the cost, SEC. 201. MARINE AND HYDROKINETIC RENEW- improve the security and reliability of increase the use, improve the reliability, and ABLE ENERGY PROJECTS AND FA- the electric grid. Investing in MHK re- demonstrate the applicability of marine and CILITIES. search, development and demonstra- hydrokinetic renewable energy technologies Part I of the Federal Power Act (16 U.S.C. tion today will pay great dividends in by participating in demonstration projects; 792 et seq.) is amended by adding at the end ‘‘(4) to investigate variability issues and the following: the future. MHK has tremendous po- the efficient and reliable integration of ma- tential to benefit the United States ‘‘SEC. 34. PILOT LICENSE FOR MARINE AND rine and hydrokinetic renewable energy with HYDROKINETIC RENEWABLE EN- and the entire world. Now is the time the utility grid; ERGY PROJECTS. to move forward on MHK and the Ma- ‘‘(5) to identify and study critical short- ‘‘(a) DEFINITION OF HYDROKINETIC PILOT rine and Hydrokinetic Renewable En- and long-term needs to create a sustainable PROJECT.— ergy Act is the way to do it. marine and hydrokinetic renewable energy ‘‘(1) IN GENERAL.—In this section, the term Mr. President, I ask unanimous con- supply chain based in the United States; ‘hydrokinetic pilot project’ means a facility sent that the text of the bill be printed ‘‘(6) to increase the reliability and surviv- that generates energy from— ability of marine and hydrokinetic renew- in the RECORD. ‘‘(A) waves, tides, or currents in an ocean, able energy technologies, including develop- estuary, or tidal area; or There being no objection, the text of ment of corrosion-resistant and anti-fouling the bill was ordered to be printed in ‘‘(B) free-flowing water in a river, lake, or materials; stream. ECORD the R , as follows: ‘‘(7) to verify the performance, reliability, ‘‘(2) EXCLUSIONS.—The term ‘hydrokinetic S. 1419 maintainability, and cost of new marine and pilot project’ does not include a project that hydrokinetic renewable energy device de- Be it enacted by the Senate and House of Rep- uses a dam or other impoundment for elec- signs and system components in an oper- tric power purposes. resentatives of the United States of America in ating environment; Congress assembled, ‘‘(b) PILOT LICENSES AUTHORIZED.—The ‘‘(8) to coordinate and avoid duplication of Commission may issue a pilot license to con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. activities across programs of the Depart- struct, operate, and maintain a hydrokinetic (a) SHORT TITLE.—This Act may be cited as ment and other applicable Federal agencies, pilot project that meets the criteria listed in the ‘‘Marine and Hydrokinetic Renewable including National Laboratories; subsection (c). Energy Act of 2013’’. ‘‘(9) to identify opportunities for joint re- ‘‘(c) LICENSE CRITERIA.—The Commission (b) TABLE OF CONTENTS.—The table of con- search and development programs and devel- may issue a pilot license for a hydrokinetic tents of this Act is as follows: opment of economies of scale between— pilot project if the project— Sec. 1. Short title; table of contents. ‘‘(A) marine and hydrokinetic renewable ‘‘(1) will have an installed capacity of not TITLE I—MARINE AND HYDROKINETIC energy technologies; and more than 10 megawatts; RENEWABLE ENERGY TECHNOLOGIES ‘‘(B) other renewable energy and fossil en- ‘‘(2) is for a term of not more than 10 years; ergy programs, offshore oil and gas produc- Sec. 101. Definition of marine and ‘‘(3) will not cause a significant adverse en- tion activities, and activities of the Depart- hydrokinetic renewable energy. vironmental impact or interfere with naviga- ment of Defense; and Sec. 102. Marine and hydrokinetic renewable tion; ‘‘(10) to support in-water technology devel- energy research and develop- ‘‘(4) is removable and can shut down on opment with international partners using ex- ment. reasonable notice in the event of a signifi- isting cooperative procedures (including Sec. 103. National Marine Renewable Energy cant adverse safety, navigation, or environ- memoranda of understanding)— Research, Development, and mental impact; ‘‘(A) to allow cooperative funding and Demonstration Centers. ‘‘(5) can be removed, and the site can be re- other support of value to be exchanged and Sec. 104. Authorization of appropriations. stored, by the end of the license term, unless leveraged; and the project has obtained a new license or the TITLE II—MARINE AND HYDROKINETIC ‘‘(B) to encourage the participation of Commission has determined, based on sub- RENEWABLE ENERGY REGULATORY international research centers and compa- stantial evidence, that the project should EFFICIENCY nies in the United States and the participa- not be removed because it would be pref- Sec. 201. Marine and hydrokinetic renewable tion of research centers and companies of the erable for environmental or other reasons energy projects and facilities. United States in international projects.’’. not to; and TITLE I—MARINE AND HYDROKINETIC SEC. 103. NATIONAL MARINE RENEWABLE EN- ‘‘(6) is primarily for the purpose of— RENEWABLE ENERGY TECHNOLOGIES ERGY RESEARCH, DEVELOPMENT, ‘‘(A) testing new hydrokinetic tech- AND DEMONSTRATION CENTERS. SEC. 101. DEFINITION OF MARINE AND nologies; HYDROKINETIC RENEWABLE EN- Section 634 of the Energy Independence ‘‘(B) locating appropriate sites for new ERGY. and Security Act of 2007 (42 U.S.C. 17213) is hydrokinetic technologies; or Section 632 of the Energy Independence amended by striking subsection (b) and in- ‘‘(C) determining the environmental and and Security Act of 2007 (42 U.S.C. 17211) is serting the following: other effects of a hydrokinetic technology. amended in the matter preceding paragraph ‘‘(b) PURPOSES.—The Centers (in coordina- ‘‘(d) LEAD AGENCY.—In carrying out this (1) by striking ‘‘electrical’’. tion with the Department and National Lab- section, the Commission shall act as the lead SEC. 102. MARINE AND HYDROKINETIC RENEW- oratories) shall— agency— ABLE ENERGY RESEARCH AND DE- ‘‘(1) advance research, development, dem- ‘‘(1) to coordinate all applicable Federal VELOPMENT. onstration, and commercial application of authorizations; and Section 633 of the Energy Independence marine and hydrokinetic renewable energy ‘‘(2) to comply with the National Environ- and Security Act of 2007 (42 U.S.C. 17212) is technologies; mental Policy Act of 1969 (42 U.S.C. 4321 et amended to read as follows: ‘‘(2) support in-water testing and dem- seq.). ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEW- onstration of marine and hydrokinetic re- ‘‘(e) SCHEDULE GOALS.— ABLE ENERGY RESEARCH AND DE- newable energy technologies, including fa- ‘‘(1) IN GENERAL.—Not later than 30 days VELOPMENT. cilities capable of testing— after the date on which the Commission re- ‘‘The Secretary, in consultation with the ‘‘(A) marine and hydrokinetic renewable ceives a completed application, and fol- Secretary of the Interior, the Secretary of energy systems of various technology readi- lowing consultation with Federal, State, and Commerce, and the Federal Energy Regu- ness levels and scales; local agencies with jurisdiction over the latory Commission, shall carry out a pro- ‘‘(B) a variety of technologies in multiple hydrokinetic pilot project, the Commission gram of research, development, demonstra- test berths at a single location; and shall develop and issue pilot license approval tion, and commercial application to expand ‘‘(C) arrays of technology devices; and process scheduling goals that cover all Fed- marine and hydrokinetic renewable energy ‘‘(3) serve as information clearinghouses eral, State, and local permits required by production, including programs— for the marine and hydrokinetic renewable law. ‘‘(1) to assist technology development to energy industry by collecting and dissemi- ‘‘(2) COMPLIANCE.—Applicable Federal, improve the components, processes, and sys- nating information on best practices in all State, and local agencies shall comply with tems used for power generation from marine areas relating to developing and managing the goals established under paragraph (1) to and hydrokinetic renewable energy re- marine and hydrokinetic renewable energy the maximum extent practicable, consistent sources; resources and energy systems.’’. with applicable law.

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.042 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6214 CONGRESSIONAL RECORD — SENATE August 1, 2013 ‘‘(3) 1-YEAR GOAL.—It shall be the goal of is only made available at the adminis- the loss of life, reduced property dam- the Commission and the other applicable tration’s discretion. age, and decreased federal expenditures agencies to complete the pilot license proc- The U.S. Chamber of Commerce high- on rebuilding efforts after these fires. ess by not later than 1 year after the date on lighted the nature of this problem in To prevent fires from destroying which the Commission receives the com- an article about the Judgment Fund buildings in historic downtowns and to pleted application. ‘‘(f) SIZE LIMITATIONS.— written by Bill Kovacs on February 1, preserve access to upper-story office, ‘‘(1) IN GENERAL.—The Commission may 2013: retail, and housing space in these grant a pilot license for a project located in Without knowing who is being paid under buildings, I am introducing legislation the ocean if the project covers a surface area the Judgment Fund and for what reason, not today—the Historic Downtown Preser- of not more than 1 square nautical mile. to mention the validity of the claim, Con- vation and Access Act—that will create ‘‘(2) EXCEPTION.—The Commission, at the gress cannot oversee and control the federal a 50 percent refundable tax credit, discretion of the Commission and for good governments litigation costs, risks and expo- capped at $50,000, for the installation of cause, may grant a pilot license for a project sure. Simply, without disclosure Congress is that covers a surface area of more than 1 being denied the opportunity to take effec- fire sprinklers and elevators in older, square nautical mile. tive mitigation measures against improper multi-use buildings in historic down- ‘‘(3) LIMITATION.—For proposed projects lo- agency action that results in claims against towns. cated in an estuary, tidal area, river, lake, or the federal government. Non-disclosure of Since 2000, Vermont has had more stream, the Commission shall determine the Judgment Fund payments hides from Con- than a dozen significant downtown size limit on a case-by-case basis, taking gress what might be excessive markers of fires causing tens of millions of dollars into account all relevant factors. agency mismanagement and/or structural de- of damage and taking at least three ‘‘(g) EXTENSIONS AUTHORIZED.—On applica- fects in statutes and programs. And due to a lives. The original owners of at least 8 tion by a project, the Commission may make lack of reporting, Congress is denied the op- of these buildings were unable to re- a 1-time extension of a pilot license for a portunity to understand claims against term not to exceed 5 years.’’. agencies that might shed light on how to im- build—leaving the critical task of re- prove agency operations. building both the building and the By Mrs. FISCHER (for herself, The National Cattlemen’s Beef Asso- community to nonprofit entities that Mr. GRASSLEY, Mr. CRAPO, and ciation has also decried the lack of rely primarily on Federal funds. These Mr. RISCH): oversight of the Judgment Fund by 8 projects cost the Federal Government S. 1420. A bill to amend title 31, stating, ‘‘Certain groups continuously $20 million in Low Income Housing Tax United States Code, to provide for sue the federal government, and Treas- Credits, Community Development transparency of payments made from ury simply writes a check to foot the Block-Grant building, and HOME fund- the Judgment Fund; to the Committee bill without providing Members of Con- ing. Only one of these 8 buildings had a on the Judiciary. gress and American taxpayers basic in- sprinkler system. If the building own- Mrs. FISCHER. Mr. President, I rise formation about the payment.’’ ers had installed sprinklers in all eight to discuss legislation that I am intro- The Judgment Fund Transparency buildings using the credit created by ducing in the U.S. Senate today, the Act seeks to address these problems by this legislation, the Federal Govern- Judgment Fund Transparency Act. requiring a public accounting of the ment may have saved $19.6 million, As my colleagues may or may not taxpayer funds distributed via the dozens of Vermonters would still be in know, the Judgment Fund is adminis- Judgment Fund to parties who bring their homes, more than a dozen busi- tered by the Treasury Department and successful claims against the Federal nesses would have been sparred, and at is used to pay certain court judgments government. least three Vermonters might still be and settlements against the Federal The Judgment Fund Transparency alive today. Government. It is essentially an unlim- Act promotes transparency and over- According to the National Fire ited amount of money available to pay sight by requiring the Treasury De- Sprinkler Association, housing units for Federal Government liability. It is partment to post on a publicly acces- with sprinklers receive 69 percent less not subject to the annual appropria- sible website the claimant, counsel, property damage during a fire than tions process, and even more remark- agency, fact summary, and payment units without sprinklers, the death ably, the Treasury Department has no amount for each claim from the Judg- rate per fire in a home with a sprinkler reporting requirements, so these funds ment Fund, unless a law or court order is 83 percent less than in a home with- are paid out with very little oversight otherwise prohibits the disclosure of out a sprinkler, and firefighters are 65 or scrutiny. such information. percent less likely to be injured in a This is no small matter, as the Judg- The Judgment Fund Transparency fire where a sprinkler is present than ment Fund disburses billions of dollars Act would increase transparency and in a fire where a sprinkler is not in payments per year. In recent years, oversight of the Fund and would pro- present. Treasury has paid the following from vide Members of Congress and the pub- This legislation also incentivizes the the Fund: fiscal year 2012—$2.9 billion, lic with the ability to see how tax- installation of elevators because too fiscal year 2011—$2.2 billion, fiscal year payers’ dollars are being spent. often upper story office, retail, and 2010—$1.1 billion, fiscal year 2009—$2.3 I am proud to introduce the Judg- housing space in historic downtown billion, fiscal year 2008—$790 million, ment Fund Transparency Act today buildings goes unused due to accessi- fiscal year 2007—$1 billion, and fiscal and invite my colleagues to cosponsor bility requirements. year 2006—$628 million. this legislation. Financial cost-benefit modeling and Before the Judgment Fund was estab- existing federal incentives for lished, claims against the government By Mr. LEAHY: rehabbing an historic building with were assigned to a Congressional com- S. 1421. A bill to amend the Internal sprinklers or an elevator fail to ade- mittee that would appropriate funds in Revenue Code of 1986 to provide a re- quately incentivize building owners to order to pay liability, attorneys’ fees, fundable tax credit for the installation install these assets. For instance, the and costs associated with the claim. of sprinklers and elevators in historic Qualified Rehabilitation Tax Credit re- Once the Judgment Fund was estab- structures; to the Committee on Fi- quires significant rehabilitation to a lished in 1956, however, Congressional nance. building equal to the value of the committees stopped appropriating Mr. LEAHY. Mr. President, each year building before renovation in order to funds explicitly for this purpose. Now, fire destroys hundreds of vulnerable claim the credit. Asset depreciation if a government agency does not use its historic buildings that serve as the an- tax benefits take decades for a building own annual budget to cover the costs, chors of America’s vibrant villages and owner to offset the cost of a sprinkler Treasury simply pays the bill out of downtowns. These fires leave gaping or elevator system, and building own- the Fund. holes in Main Streets all across the ers who make no profit or minimal Because the Treasury Department country. All have destroyed property. profit have no use for existing tax cred- has no binding reporting requirements, Some have taken lives. And many its. few public details exist about where could have been prevented by sprinkler The new refundable tax credit I am the funds are going and why, and the systems. This upfront but costly in- introducing today—modeled after the information that is readily accessible vestment could have helped prevent State of Vermont’s highly successful

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Although the United States spends mouth, throat, esophagus, liver, colon, There being no objection, the text of more than any other Nation in the and breast, liver diseases, and other the bill was ordered to be printed in world on health care, $2.6 trillion in cardiovascular, neurological, psy- the RECORD, as follows: 2010, our citizens’ health status lags be- chiatric, and gastrointestinal health S. 1421 hind that of most developed countries, problems. Be it enacted by the Senate and House of Rep- and we have the highest rate of pre- Binge drinking, the most dangerous resentatives of the United States of America in ventable deaths among 19 industri- pattern of drinking, defined as con- Congress assembled, alized nations. One reason is that the suming more than 4 drinks on an occa- SECTION 1. SHORT TITLE. United States’ expenditures for the sion for women or 5 drinks for men, is This Act may be cited as the ‘‘Historic treatment of disease far exceed our in- reported by 17 percent of U.S. adults, Downtown Preservation and Access Act’’. vestments in preventive health. averaging 8 drinks per binge. SEC. 2. CREDIT FOR INSTALLATION OF SPRIN- Our neglect of prevention has been By addressing just these four behav- KLERS AND ELEVATORS IN HIS- costly. Spending on the treatment of iors, we can alter the trajectory of TORIC BUILDINGS. chronic diseases is overwhelming our chronic disease and the health costs as- (a) IN GENERAL.—Subpart C of part IV of subchapter A of chapter 1 of the Internal health care budgets, particularly those sociated with them. That is the power Revenue Code of 1986 is amended by inserting of the Medicare and Medicaid proof prevention. As Dr. Albert Reece of after section 36B the following new section: grams. The following statistics come the University of Maryland School of ‘‘SEC. 36C. HISTORIC BUILDING EXPENSES. from the U.S. Centers for Disease Con- Medicine once said, ‘‘Lifestyle is pri- ‘‘(a) IN GENERAL.—There shall be allowed a trol and Prevention: 7 out of 10 deaths mary care.’’ credit against the tax imposed by this sub- among Americans each year are from Prevention also means early screen- title for the taxable year an amount equal to chronic diseases. Heart disease, cancer ing. In addition to increasing survival 50 percent of the qualified historic building and stroke account for more than 50 rates, identifying diseases early re- expenses paid or incurred by the taxpayer percent of all deaths each year. duces health care costs. In the case of during such taxable year. In 2005, 133 million Americans almost colorectal cancer, Medicare will pay ‘‘(b) LIMITATION.—The credit allowed under subsection (a) with respect to any taxpayer 1 out of every 2 adults had at least one under $400 for a colonoscopy, but if the for any taxable year shall not exceed $50,000. chronic illness. patient is not diagnosed until the dis- 1 ‘‘(c) QUALIFIED HISTORIC BUILDING EX- About ⁄4 of people with chronic con- ease has metastasized, the costs of care PENSES.—For purposes of this section— ditions have one or more daily activity can exceed $58,000 over the patient’s ‘‘(1) IN GENERAL.—The term ‘qualified his- limitations. lifetime. A screening mammography toric building expenses’ means amounts paid Arthritis is the most common cause costs the Medicare program a small or incurred to install in a certified historic of disability, with nearly 19 million fraction of the tens of thousands of dol- structure an elevator system or a sprinkler Americans reporting activity limita- lars that treatment of breast cancer system that meets the requirements found in the most recent edition of NFPA 13: Stand- tions. costs, depending on when the cancer is ard for the Installation of Sprinkler Sys- Diabetes continues to be the leading found and the course of treatment tems. cause of kidney failure, nontraumatic used. One drug used to treat late stage ‘‘(2) NATIONAL HISTORIC LANDMARKS.—In the lower-extremity amputations, and breast cancer can cost as much as case of a certified historic structure that is blindness among adults, aged 20–74. $40,000 a year. designated as a National Historic Landmark Excessive alcohol consumption is the Research has shown that increasing in accordance with section 101(a) of the Na- third leading preventable cause of to 90 percent the number of women tional Historic Preservation Act (16 U.S.C. death in the U.S., behind diet, physical aged 40 and older who have been 470a(a)) and that is open to the public, the activity, and tobacco. term ‘qualified historic building expenses’ screened for breast cancer in the past shall not include an expense described in CDC also tells us that four health two years would save more than 100,000 paragraph (1), unless the installation of prop- risk behaviors—lack of physical activ- lives each year in the United States. erty described in such paragraph meets the ity, poor nutrition, tobacco use, and One of the most compelling cases for requirements for a certified rehabilitation excessive alcohol consumption—are re- prevention is in the area of oral health. under section 47(c)(2)(C). sponsible for much of the illness, suf- The tragic, preventable death of 12 ‘‘(3) CERTIFIED HISTORIC STRUCTURE.—The fering, and early death related to year-old Marylander Deamonte Driver term ‘certified historic structure’ has the chronic diseases. in 2007 illustrated the consequences of meaning given such term in section 47(c)(3), More than 1⁄3 of all adults do not poor access to oral health care. His un- except that such term shall not include any structure which is a single-family resi- meet recommendations for aerobic treated tooth abscess spread to his dence.’’. physical activity based on the 2008 brain and after two extensive oper- (b) CONFORMING AMENDMENTS.— Physical Activity Guidelines for Amer- ations, he died. Although a tooth ex- (1) Section 1324 of title 31, United States icans, and 23 percent report no leisure- traction would have cost about $80, the Code, is amended by inserting ‘‘, 36C’’ after time physical activity at all in the pre- final total cost of his medical care ex- ‘‘, 36B’’. ceding month. ceeded $250,000. (2) The table of sections for subpart C of In 2007, 22 percent of high school stu- The American Academy of Pediatric part IV of subchapter A of chapter 1 of the dents and only 24 percent of adults re- Dentistry tells us that dental decay is Internal Revenue Code of 1986 is amended by ported eating 5 or more servings of inserting after the item relating to section the most common chronic childhood 36B the following new item: fruits and vegetables per day. disease among children in the United More than 43 million American ‘‘Sec. 36C. Historic building expenses.’’. States. It affects one in five children adults, approximately 1 in 5, smoke. aged 2 to 4, half of those aged 6 to 8, (c) EFFECTIVE DATE.—The amendments Lung cancer is the leading cause of 3 made by this section shall apply to amounts and nearly ⁄5 of 15 year olds. But it is paid or incurred in taxable years beginning cancer death, and cigarette smoking also the most preventable disease if after the date of the enactment of this Act. causes almost all cases. Compared to basic oral care is provided starting at nonsmokers, men who smoke are about an early age. By Mr. CARDIN (for himself, Mr. 23 times more likely to develop lung The good news in that for nearly CRAPO, Mr. KING, Mr. UDALL of cancer and women who smoke are every category of chronic disease we New Mexico, and Mrs. SHA- about 13 times more likely. Smoking can reduce its prevalence by making HEEN): causes about 90 percent of lung cancer preventive health care a priority. All S. 1422. A bill to amend the Congres- deaths in men and almost 80 percent in around us are examples of why preven- sional Budget Act of 1974 respecting women. Smoking also causes cancer of tion is an essential part of health care

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For this rea- Alliance, Council for Affordable Health President to establish an independent son, investing in initiatives that can Coverage, Dialysis Patient Citizens, advisory panel to do just that. This ad- move our Nation forward toward opti- The Endocrine Society, Healthcare visory board would add much needed mal health often requires us to cut Leadership Council, Healthways, transparency and certainty to deci- funding in other important areas be- IHRSA: International Health Racquet sions made affecting workers’ com- cause of the budget rules. & Sportsclub Association, Johnson & pensation and access to benefits. Today, budget resolutions, budget Johnson, Marshfield Clinic, Memorial Some 600,000 Cold War era workers, reconciliation, and CBO scoring anal- Care Health System, National Associa- including thousands of workers at yses use a ten-year ‘‘scoring’’ window. tion of Public Hospitals and Health Rocky Flats, put their health on the But the research performed at the Na- Systems, National Retail Federation, line to preserve our national security tional Institutes of Health in Bethesda, National Kidney Foundation, Novo during one of the most uncertain times MD and at research centers across the Nordisk, the Partnership to Fight in our nation’s history. They were ex- nation has demonstrated that some ex- Chronic Disease, Sanofi, Texas Health posed to radiation and are sick and penditures for preventive services re- Resources, and Weight Watchers. dying. Our country made a commit- sult in cost savings when considered in I also wish to applaud the bipartisan ment to these patriots, but so far that the long term. Unfortunately, Congres- House sponsors of this legislation—two promise has not been kept. Coloradans sional budget scoring rules only permit physicians—Representatives MICHAEL find that unacceptable. We cannot let taking into account the first ten years, BURGESS of Texas and DONNA another family suffer through the un- a time frame in which savings may not CHRISTENSEN of the U.S. Virgin Islands, certainty of delays caused by bureau- be apparent. for their vision in introducing the com- cratic red tape or see their loved ones We want to change that. Today, with panion bill, HR 2663, which now has 19 denied the benefits they deserve. It is Senators MIKE CRAPO, ANGUS KING, cosponsors. time for us to do right by these work- TOM UDALL, and JEANNE SHAHEEN, I am I urge my colleagues to cosponsor ers. introducing the Preventive Health Sav- this legislation, which will give our I urge my colleagues to join me and ings Act of 2013. It would allow the budget process the flexibility needed to Senator ALEXANDER in this fight by co- Chairman or Ranking Member of the dramatically bend the health care cost sponsoring this important legislation. House or Senate Budget Committee, or curve. the health committees—HELP, Fi- By Mr. DURBIN (for himself and nance, Ways and Means, or Energy and By Mr. UDALL of Colorado (for Mr. BLUMENTHAL): Commerce—to request an analysis of himself, Mr. ALEXANDER, Ms. S. 1425. A bill to improve the safety preventive measures extending beyond MURKOWSKI, Mr. UDALL of New of dietary supplements by amending the existing 10-year window to two ad- Mexico, and Mr. HEINRICH): the Federal Food, Drug, and Cosmetic ditional ten-year periods. S. 1423. A bill to amend the Energy Act to require manufacturers of die- Re-evaluating our budget rules is not Employees Occupational Illness Com- tary supplements to register dietary a new phenomenon. In recent years, pensation Program Act of 2000 to supplements with the Food and Drug Congress has increasingly looked for strengthen the quality control meas- Administration and to amend labeling ways to assess long-term budget con- ures in place for part B lung disease requirements with respect to dietary sequences. For example, Congress cur- claims and to establish the Advisory supplements; to the Committee on rently requests that CBO report on Board on Toxic Substances and Worker Health, Education, Labor, and Pen- measures that would cause a large fu- Health for the contractor employee sions. ture increase in the deficit—more than compensation program under subtitle Mr. DURBIN. Mr. President, I ask $5 billion in the following four decades. E of such Act; to the Committee on unanimous consent that the text of the The Preventive Health Savings Act Health, Education, Labor, and Pen- bill be printed in the RECORD. would direct CBO to incorporate cred- sions. There being no objection, the text of ible data on prevention. Because we Mr. UDALL of Colorado. Mr. Presi- the bill was ordered to be printed in want to ensure that CBO’s projections dent, I rise to speak about bipartisan the RECORD, as follows: are tied to scientific data, our bill legislation I am introducing today with S. 1425 would define preventive health as ‘‘an Senator ALEXANDER to provide much Be it enacted by the Senate and House of Rep- action designed to avoid future health needed help to our Cold War patriots. resentatives of the United States of America in care costs that is demonstrated by In 2000, Congress passed the Energy Congress assembled, credible and publicly available epide- Employees Occupational Illness Com- SECTION 1. SHORT TITLE. miological projection models, incor- pensation Program to help Cold War This Act may be cited as the ‘‘Dietary Sup- porating clinical trials or observa- workers like those from Rocky Flats in plement Labeling Act of 2013’’. tional studies in humans, longitudinal my home state of Colorado and other SEC. 2. REGULATION OF DIETARY SUPPLEMENTS. studies, and meta-analysis.’’ This nar- nuclear weapons facilities around the (a) REGISTRATION REQUIREMENTS.— row, responsible approach encourages a country. This effort was designed to (1) IN GENERAL.—Section 415(a) of the Fed- sensible review of health policy that get these patriots the help they need to eral Food, Drug, and Cosmetic Act (21 U.S.C. Congress believes will promote public treat cancer and other illnesses they 350d(a)) is amended by adding at the end the developed as a result of exposure to ra- following: health, and it will make it easier for us ‘‘(6) REQUIREMENTS WITH RESPECT TO DIE- to invest in proven methods of saving diation. Since then, the program has TARY SUPPLEMENTS.— lives and money. been plagued by procedural inconsist- ‘‘(A) IN GENERAL.—A facility engaged in CBO would be required to conduct an encies and delays preventing former manufacturing or processing dietary supple- initial analysis to determine whether nuclear workers from accessing the ments that is required to register under this the provision would result in substan- benefits they are owed. section shall comply with the requirements tial savings outside the 10-year scoring In March 2010, the U.S. Government of this paragraph, in addition to the other window and to include a description of Accountability Office issued a report requirements of this section. ‘‘(B) ADDITIONAL INFORMATION.— those future-year savings in its budget on the efficacy of EEOICPA, con- ‘‘(i) IN GENERAL.—A facility described in projections. firming workers’ ongoing frustrations subparagraph (A) shall submit a registration The broad coalition of groups sup- with the program and recommending under paragraph (1) that includes, in addi- porting this bill includes: the Academy that Congress consider creating an ad- tion to the information required under para- of Nutrition and Dietetics, Aetna, visory board. More recently, in March graph (2)—

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‘‘(I) a description of each dietary supple- ‘‘(b) IOM STUDY.—The Secretary shall seek and comment, shall establish a definition for ment manufactured or processed by such fa- to enter into a contract with the Institute of the term ‘‘conventional food’’ for purposes of cility; Medicine under which the Institute of Medi- the Federal Food, Drug, and Cosmetic Act ‘‘(II) a list of all ingredients in each such cine shall evaluate dietary supplement in- (21 U.S.C. 301 et seq.). Such definition shall dietary supplement; and gredients and proprietary blends of ingredi- take into account conventional foods mar- ‘‘(III) a copy of the label for each such die- ents, including those on the list compiled by keted as dietary supplements, including tary supplement. the Secretary under subsection (a), and sci- products marketed as dietary supplements ‘‘(ii) PUBLIC AVAILABILITY.—The Secretary entific literature on dietary supplement in- that simulate conventional foods. shall make the information provided under gredients and, not later than 18 months after clause (i) publicly available, including by the date of enactment of the Dietary Supple- By Mr. GRASSLEY (for himself posting such information on the Internet ment Labeling Act of 2013, submit to the and Mr. FRANKEN): Web site of the Food and Drug Administra- Secretary a report evaluating the safety of S. 1427. A bill to amend title 11 of the tion. dietary supplement ingredients and propri- United States Code to clarify the rule ‘‘(C) REGISTRATION WITH RESPECT TO NEW, etary blends of ingredients the Institute of allowing discharge as a nonpriority REFORMULATED, AND DISCONTINUED DIETARY Medicine determines could cause potentially claim of governmental claims arising SUPPLEMENTS.— serious adverse events, drug interactions, or from the disposition of farm assets ‘‘(i) IN GENERAL.—Not later than the date contraindications, or potential risks to subgroups such as children and pregnant or under chapter 12 bankruptcies; to the described in clause (ii), if a facility described Committee on Finance. in subparagraph (A)— breastfeeding women. ‘‘(I) manufactures or processes a dietary ‘‘(c) ESTABLISHMENT OF REQUIREMENTS.— Mr. GRASSLEY. Mr. President, I rise supplement that the facility previously did Not later than 2 years after the date on today to introduce, along with Senator not manufacture or process and for which which the Institute of Medicine issues the re- FRANKEN, the Family Farmer Bank- the facility did not submit the information port under subsection (b), the Secretary, ruptcy Clarification Act of 2013. We in- required under subclauses (I) through (III) of after providing for public notice and com- troduced similar legislation in the subparagraph (B)(i); ment and taking into consideration such re- 112th Congress, but the Senate never port, shall— ‘‘(II) reformulates a dietary supplement for had a chance to consider the bill. The which the facility previously submitted the ‘‘(1) establish mandatory warning label requirements for dietary supplement ingredi- bill addresses the 2012 United States information required under subclauses (I) Supreme Court case Hall v. United through (III) of subparagraph (B)(i); or ents that the Secretary determines to cause ‘‘(III) no longer manufactures or processes potentially serious adverse events, drug States. In a 5–4 decision, the Supreme a dietary supplement for which the facility interactions, or contraindications, or poten- Court ruled that a provision I inserted previously submitted the information re- tial risks to subgroups; and into the 2005 Bankruptcy Abuse Pre- quired under subclauses (I) through (III) of ‘‘(2) identify proprietary blends of ingredi- vention and Consumer Protection Act subparagraph (B)(i), ents for which, because of potentially serious did not accomplish what we in Con- adverse events, drug interactions, or contra- gress intended. The Family Farmer such facility shall submit to the Secretary indications, or potential risks to subgroups an updated registration describing the such as children and pregnant or Bankruptcy Clarification Act of 2013 change described in subclause (I), (II), or (III) breastfeeding women, the weight per serving corrects this and clarifies that bank- and, in the case of a facility described in sub- of the ingredient in the proprietary blend rupt family farmers reorganizing their clause (I) or (II), containing the information shall be provided on the label. debts are able to treat capital gains required under subclauses (I) through (III) of ‘‘(d) UPDATES.—As appropriate, the Sec- taxes owed to a governmental unit, subparagraph (B)(i). retary, after providing for public notice and arising from the sale of farm assets ‘‘(ii) DATE DESCRIBED.—The date described comment, shall update— during a bankruptcy, as general unse- in this clause is— ‘‘(1) the list compiled under subsection (a); ‘‘(I) in the case of a facility described in ‘‘(2) the mandatory warning label require- cured claims. This bill will remove the subclause (I) of clause (i), 30 days after the ments established under paragraph (1) of sub- Internal Revenue Service’s veto power date on which such facility first markets the section (c); and over a bankruptcy reorganization dietary supplement described in such sub- ‘‘(3) the requirements under paragraph (2) plan’s confirmation, giving the family clause; of subsection (c).’’. farmer a chance to reorganize success- ‘‘(II) in the case of a facility described in (2) ENFORCEMENT.—Section 403 of the Fed- fully. subclause (II) of clause (i), 30 days after the eral Food, Drug, and Cosmetic Act (21 U.S.C. In 1986 Congress enacted Chapter 12 date on which such facility first markets the 343) is amended— of the Bankruptcy Code to provide a reformulated dietary supplement described (A) in paragraph (q)(5)(F)(ii), by inserting in such subclause; or specialized bankruptcy process for fam- ‘‘, and for each proprietary blend identified ily farmers. In 2005 Chapter 12 was ‘‘(III) in the case of a facility described in by the Secretary under section 411A(c)(2), subclause (III) of clause (i), 30 days after the the weight of such proprietary blend,’’ after made permanent. Between 1986 and 2005 date on which such facility removes the die- ‘‘ingredients)’’; and we learned what aspects worked and tary supplement described in such subclause (B) in paragraph (s)(2)— did not work for family farmers reorga- from the market.’’. (i) in clause (A)(ii)(II), by inserting ‘‘, and nizing in bankruptcy. One problematic (2) ENFORCEMENT.—Section 403 of the Fed- for each proprietary blend identified by the area was where a family farmer needed eral Food, Drug, and Cosmetic Act (21 U.S.C. Secretary under section 411A(c)(2), the to sell assets in order to generate cash 343) is amended by adding at the end the fol- weight of each such proprietary blend per for the reorganization. Specifically, a lowing: serving’’ before the semicolon at the end; ‘‘(z) If it is a dietary supplement for which family farmer would have to sell por- (ii) in clause (D)(iii), by striking ‘‘or’’ at tions of the farm to generate cash to a facility is required to submit the registra- the end; tion information required under section (iii) in clause (E)(ii)(II), by striking the pe- fund a reorganization plan so that the 415(a)(6) and such facility has not complied riod at the end and inserting a semicolon; creditors could receive payment. Un- with the requirements of such section and fortunately, in situations like this, the 415(a)(6) with respect to such dietary supple- (iv) by adding at the end the following: family farmer is selling land that has ment.’’. ‘‘(F) the label does not include information been owned for a very long time, with (b) LABELING.— with respect to potentially serious adverse a very low cost basis. Thus, when the (1) ESTABLISHMENT OF LABELING REQUIRE- events, drug interactions, or contraindica- land is sold, the family farmer is hit MENTS.—Chapter IV of the Federal Food, tions, or potential risks to subgroups such as Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) with a substantial capital gains tax, children and pregnant or breastfeeding which is owed to the Internal Revenue is amended by inserting after section 411 the women, as required under section 411A(c)(1); following: or Service. ‘‘SEC. 411A. DIETARY SUPPLEMENTS. ‘‘(G) the label does not include the batch Under the Bankruptcy Code, taxes ‘‘(a) DIETARY SUPPLEMENT INGREDIENTS.— number.’’. owed to the Internal Revenue Service Not later than 1 year after the date of enact- (c) STRUCTURE AND FUNCTION CLAIMS.—Sec- receive priority treatment. Holders of ment of the Dietary Supplement Labeling tion 403(r)(6)(B) of the Federal Food, Drug, priority claims must receive payment Act of 2013, the Secretary shall compile a list and Cosmetic Act (21 U.S.C. 343(r)(6)(B)) is in full, unless the claim holder agrees of dietary supplement ingredients and pro- amended by inserting ‘‘, and provides such to be treated differently. This creates prietary blends of ingredients that the Sec- substantiation to the Secretary, as the Sec- problems for the family farmer who retary determines could cause potentially retary may require’’ after ‘‘misleading’’. serious adverse events, drug interactions, or (d) CONVENTIONAL FOODS.—The Secretary needs the cash to pay creditors to reor- contraindications, or potential risks to sub- of Health and Human Services, not later ganize. However, since the Internal groups such as children and pregnant or than 1 year after the date of enactment of Revenue Service has the ability to re- breastfeeding women. this Act and after providing for public notice quire full payment, they hold veto

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Internal Revenue Service would be ed— SEC. 2. CLARIFICATION OF RULE ALLOWING DIS- stripped of their priority and treated as (A) in section 1222(a)— CHARGE TO GOVERNMENTAL (i) in paragraph (2), by striking ‘‘unless—’’ general, unsecured debt. This removed CLAIMS ARISING FROM THE DIS- POSITION OF FARM ASSETS UNDER and all that follows through ‘‘the holder’’ the government’s veto power over plan and inserting ‘‘unless the holder’’; confirmation and paved the way for CHAPTER 12 BANKRUPTCIES. (a) IN GENERAL.—Subchapter II of chapter (ii) in paragraph (3), by striking ‘‘and’’ at family farmers to reorganize. 12 of title 11, United States Code, is amended the end; Unfortunately, in Hall v. United by adding at the end the following: (iii) in paragraph (4), by striking the period at the end and inserting ‘‘; and’’; and States, the Supreme Court ruled that ‘‘§ 1232. Claim by a governmental unit based (iv) by adding at the end the following: despite Congress’s express goal of help- on the disposition of property used in a ‘‘(5) subject to section 1232, provide for the ing family farmers, the language in- farming operation treatment of any claim by a governmental serted into the Bankruptcy Code in ‘‘(a) Any unsecured claim of a govern- unit of a kind described in section 1232(a).’’; 2005 conflicted with the Tax Code. The mental unit against the debtor or the estate (B) in section 1228— Hall case was one of statutory inter- that arises before the filing of the petition, (i) in subsection (a)— pretation. There is no question what or that arises after the filing of the petition (I) in the matter preceding paragraph (1)— Congress was trying to do; rather, did and before the debtor’s discharge under sec- (aa) by inserting a comma after ‘‘all debts Congress use the correct language? My tion 1228, as a result of the sale, transfer, ex- provided for by the plan’’; and change, or other disposition of any property (bb) by inserting a comma after ‘‘allowed goal, along with others at the time, used in the debtor’s farming operation— was to relieve family farmers from under section 503 of this title’’; and ‘‘(1) shall be treated as an unsecured claim (II) in paragraph (2), by striking ‘‘the having their reorganization plans fail arising before the date on which the petition kind’’ and all that follows and inserting ‘‘a because of huge tax liabilities to the is filed; kind specified in section 523(a) of this title, federal government. Justice Breyer ‘‘(2) shall not be entitled to priority under except as provided in section 1232(c).’’; and noted this in the dissent: ‘‘Congress section 507; (ii) in subsection (c)(2), by inserting ‘‘, ex- was concerned about the effect on the ‘‘(3) shall be provided for under a plan; and cept as provided in section 1232(c)’’ before farmer of collecting capital gains tax ‘‘(4) shall be discharged in accordance with the period at the end; and section 1228. (C) in section 1229(a)— debts that arose during, and were con- ‘‘(b) For purposes of applying sections nected with, the Chapter 12 proceedings (i) in paragraph (2), by striking ‘‘or’’ at the 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim end; themselves. . . . The majority does not described in subsection (a) of this section, (ii) in paragraph (3), by striking the period deny the importance of Congress’ ob- the amount that would be paid on such claim at the end and inserting ‘‘; or’’; and jective. Rather, it feels compelled to if the estate of the debtor were liquidated in (iii) by adding at the end the following: hold that Congress put the Amendment a case under chapter 7 of this title shall be ‘‘(4) provide for the payment of a claim de- in the wrong place.’’ Hall v. United the amount that would be paid by the estate scribed in section 1232(a) that arose after the in a chapter 7 case if the claim were an unse- States, 132 S.Ct. 1882, 1897 (2012) date on which the petition was filed.’’. cured claim arising before the date on which (2) TABLE OF SECTIONS.—The table of sec- (Breyer, J., dissenting) (internal cita- the petition was filed and were not entitled tions and quotations omitted). tions for subchapter II of chapter 12 of title to priority under section 507. 11, United States Code, is amended by adding As a result of the Hall case, family ‘‘(c) For purposes of applying sections at the end the following: 523(a), 1228(a)(2), and 1228(c)(2) to a claim de- farmers facing bankruptcy now find ‘‘1232. Claim by a governmental unit based scribed in subsection (a) of this section, the themselves caught in a tough spot. The on the disposition of property claim shall not be treated as a claim of a rules have now changed and must be used in a farming operation.’’. kind specified in section 523(a)(1). corrected in order to provide certainty ‘‘(d)(1) A governmental unit may file a (c) EFFECTIVE DATE.—The amendments and clarity in the law. The Family proof of claim for a claim described in sub- made by this section shall apply to any Farmer Bankruptcy Clarification Act section (a) that arises after the date on bankruptcy case that— of 2013 will provide the clarity needed which the petition is filed. (1) is pending on the date of enactment of to help family farmers. ‘‘(2) If a debtor files a tax return after the this Act and relating to which an order of discharge under section 1228 of title 11, This bill, which has been worked on filing of the petition for a period in which a claim described in subsection (a) arises, and United States Code, has not been entered; or over the past year to make sure the the claim relates to the tax return, the debt- (2) commences on or after the date of en- problem is addressed correctly, adds a or shall serve notice of the claim on the gov- actment of this Act. new section 1232 to title 11 of the ernmental unit charged with the responsi- United States Code. This new section, bility for the collection of the tax at the ad- By Mr. RISCH (for himself and along with other conforming changes dress and in the manner designated in sec- Mr. CRAPO): to the Bankruptcy Code, will provide tion 505(b)(1). Notice under this paragraph S. 1430. A bill to authorize the con- clarity to practitioners and courts as shall state that the debtor has filed a peti- tinued use of certain water diversions to how these claims are to be treated tion under this chapter, state the name and located on National Forest System location of the court in which the case under during bankruptcy. I am pleased that land in the Frank Church-River of No this chapter is pending, state the amount of Return Wilderness and the Selway-Bit- what we are introducing today, build- the claim, and include a copy of the filed tax ing from the bill we introduced last terroot Wilderness in the State of return and documentation supporting the Idaho, and for other purposes; to the Congress, is an improved product that calculation of the claim. Committee on Energy and Natural Re- can help family farmers who are facing ‘‘(3) If notice of a claim has been served on sources. hard times. The Family Farmer Bank- the governmental unit in accordance with paragraph (2), the governmental unit may Mr. RISCH. Mr. President, I rise ruptcy Clarification Act of 2013 will en- today to introduce a bill called the sure that what Congress sought to do file a proof of claim not later than 180 days after the date on which such notice was Idaho Wilderness Water Facilities Act. in 2005 actually occurs. In the wake of served. If the governmental unit has not This bill is identical to the House the Hall decision, clarification is need- filed a timely proof of the claim, the debtor version, H.R. 876, which was introduced ed to help family farmers reorganize or trustee may file proof of the claim that is and carried through the House by my successfully. consistent with the notice served under para- colleague from Idaho, Representative Mr. President, I ask unanimous con- graph (2). If a proof of claim is filed by the MIKE SIMPSON, who did yeoman’s work sent that the text of the bill be printed debtor or trustee under this paragraph, the on pursuing this and putting it to- governmental unit may not amend the proof in the RECORD. of claim. gether and shepherding it through. It There being no objection, the text of ‘‘(4) A claim filed under this subsection passed unanimously in the House. I the bill was ordered to be printed in shall be determined and shall be allowed thank him on behalf of all Idahoans for the RECORD, as follows: under subsection (a), (b), or (c) of section 502, his work on this issue.

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.049 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6219 The need for this legislation is sim- of the Ka’u Coast in the State of Ha- sites, caves, and trails. The Ala ple. The Frank Church River of No Re- waii as a unit of the National Park Kahakai National Historic Trail runs turn Wilderness, which was designated System; to the Committee on Energy through the study area. by Congress in 1980, abuts the Selway- and Natural Resources. The Ka’u Coast is a truly remarkable Bitterroot Wilderness area, which was Ms. HIRONO. Mr. President, I rise area: its combination of natural, ar- designated by Congress in 1964. These today to introduce the Ka‘u Coast cheological, cultural, and recreational areas contain some of the largest and Preservation Act of 2013, a bill direct- resources, as well as its spectacular most rugged remote tracts of land in ing the National Park Service to assess viewscapes, are an important part of the lower 48 States. It is magnificent in the feasibility of designating certain Hawaii’s and our nation’s natural and its beauty—substantially better, in my coastal lands on the Ka‘u Coast of the cultural heritage. opinion, than the Alps. island of Hawaii as units of the Na- As this process evolves, the success- There are a number of water diver- tional Park System. ful preservation of this pristine land sions within the Idaho wilderness areas The National Park Service conducted will depend on the federal government that have existed since the time of this a reconnaissance survey in 2006 that working closely with local stake- legislation—since the time these wil- made a preliminary assessment of holders, seeking their input, and col- derness areas were established. Al- whether the Ka‘u Coast would meet the laborating with them to address con- though the diversions continue to National Park Service’s demanding cri- cerns as they arise. I encourage the Na- exist, the owners currently lack au- teria as a resource of national signifi- tional Park Service to continue work- thority to maintain and repair the fa- cance. The reconnaissance survey con- ing with all involved to ensure this cilities. cluded that ‘‘based upon the signifi- coastline is preserved for decades to Predating the existence of these two cance of the resources in the study come. wilderness areas, private landowners area and the current integrity and in- I believe a full feasibility study, had received permits to maintain and tact condition of these resources, a pre- which was recommended in the recon- repair water diversions that existed on liminary finding of national signifi- naissance survey, will confirm that the National Forest System lands. The cance and suitability can be con- area meets the National Park Service’s water is used for a combination of cluded.’’ The report goes on to rec- high standards as an area of national many things, including, but not lim- ommend that Congress proceed with a significance. ited to, drinking water for private cab- full resource study of the area. I urge my colleagues to join me in ins and ranches and also for generating Since the time of the initial recon- supporting this bill. electricity in some places on a very naissance report and my introduction small scale. Many of the permits have of this Act in previous Congresses, two By Mr. WYDEN (for himself and since expired, leaving those who own additional properties in the Ka‘u that Mr. MERKLEY): the water diversions without any op- deserve evaluation have come to my S. 1437. A bill to provide for the re- tions for mechanically maintaining attention: the Kahuku Coastal Prop- lease of the reversionary interest held their water systems. In some cases, erty, also known as Sands of South by the United States in certain land this lack of management threatens the Kona and Road to the Sea, and the conveyed in 1954 by the United States, environment and the watersheds in Nani Kahuku ‘Aina property adjacent acting through the Director of the Bu- which they exist. to Pohue Bay. I have added these areas reau of Land Management, to the State The Idaho Wilderness Water Facili- to the study area for the full resource of Oregon for the establishment of the ties Act will give the Secretary of Ag- study. Hermiston Agricultural Research and riculture the authority to reissue and The coastline of Ka‘u is still largely Extension Center of Oregon State Uni- issue special use authorizations to the unspoiled. The study area contains sig- versity in Hermiston, Oregon; to the owners of these diversion facilities nificant natural, geological, and ar- Committee on Energy and Natural Re- within the Frank Church and the cheological features. The northern part sources. Selway Wilderness areas for the contin- of the study area is adjacent to Hawaii Mr. WYDEN. Mr. President, today I ued maintenance of their water facili- Volcanoes National Park and contains rise to introduce a bill that will give ties. The permits would only be issued a number of noteworthy geological fea- Oregon State University the flexibility if the owner could prove the facility ex- tures, including an ancient lava tube to continue its important agricultural isted prior to those lands being des- known as the Great Crack, which the work in Hermiston, Oregon. I am ignated as wilderness, the facility has National Park Service has expressed pleased to be joined on this bill with been used to deliver water to the own- interest in acquiring in the past. my colleague from Oregon, Senator er’s land since the designation, and the The study area includes both black MERKELY. I look forward to working owner had a valid water right and it and green sand beaches as well as a sig- with Senator MERKLEY, other col- would not be practical to move the fa- nificant number of endangered and leagues, and supporters of the bill to cility outside of the wilderness area. threatened species, most notably the update the federal interests in the land Undoubtedly, in exercising the discre- endangered hawksbill turtle, at least to match current needs and conditions. tion, the Secretary would ensure that half of the Hawaiian population of this The Hermiston Agricultural Re- in no way would it denigrate these wil- rare sea turtle nests within the study search & Extension Center, HAREC, derness areas. There are several dif- area, the threatened green sea turtle, provides support to one of the most ferent individuals or businesses that the highly endangered Hawaiian monk unique and important agricultural have water diversions in these wilder- seal, the endangered Hawaiian hawk, areas in the world: the Columbia Basin ness areas that meet the description I the endangered Hawaiian bat, native region of Oregon and Washington. As have given. bees, the endangered and very rare Ha- one of Oregon State University’s, OSU, Earlier this week the Senate Com- waiian orange-black damselfy, the 12 Agricultural Experiment Stations, mittee on Energy and Natural Re- largest population in the State, and a HAREC concentrates on the discovery sources held a hearing on H.R. 876. The number of native birds. Humpback and implementation of agricultural op- U.S. Forest Service appeared at that whales and spinner dolphins also fre- portunities while also providing solu- hearing and testified in support of this quent the area. The Ka‘u Coast also tions to production issues for regional bill. I look forward to working with boasts some of the best remaining ex- growers and beyond. Chairman WYDEN and Ranking Member amples of native coastal vegetation in Research at HAREC emphasizes iden- MURKOWSKI to pass this bill quickly so Hawaii. tification of new crop opportunities, as to allow for the maintenance of this The archeological resources related improved production practices that water infrastructure. to ancient Hawaiian settlements with- save money while reducing inputs, in the study area are also very impres- plant breeding and varietal evaluation By Ms. HIRONO: sive. These include dwelling complexes, of cereals and potatoes. Through this S. 1432. A bill to direct the Secretary heiau, religious shrines, walls, fishing work it has developed new lines with of the Interior to study the suitability and canoe houses or sheds, burial sites, higher nutritional value, integrated and feasibility of designating portions petroglyphs, water and salt collection pest management of insects and insect-

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.047 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6220 CONGRESSIONAL RECORD — SENATE August 1, 2013 transmitted diseases, and provided in- mately 290 acres of land in Hermiston, Or- storms. So no part of our country is formation related to environmental egon, identified as the ‘‘Reversionary Inter- spared from disasters—disasters which issues and salmon restoration. In re- est Area’’ on the map entitled ‘‘Hermiston can and will strike at any moment. cent years the center provided leader- Agricultural Research and Extension Cen- This certainly hit home when the ter’’ and dated July 23, 2013, including any ship, research, and new knowledge es- improvements to, and building on, the land. northeast was struck by Hurricane sential to allow growers to diversify (2) PATENT.—The term ‘‘patent’’ means the Sandy in October of last year and when production and convert 30,000 acres of patent granted by the Director of the Bureau Moore, Oklahoma was hit by a massive commodity crops to high-value crops. of Land Management (acting on behalf of the tornado earlier this summer. With this The station has led efforts to cultivate United States) to the State, numbered 130889, in mind, we must ensure that families value-added agriculture in Morrow and and dated September 17, 1954. have the resources they need to be bet- Umatilla counties, resulting in over (3) STATE.—The term ‘‘State’’ means the ter prepared the next time disasters $50,000,000 in annual economic return. State of Oregon (acting through the Oregon strike their communities. The history of HAREC and a State Board of Higher Education on behalf of In order to give families in tornado Oregon State University). Umatilla agricultural research center prone areas more resources to protect SEC. 3. RELEASE OF REVERSIONARY INTEREST spans more than a century. The Fed- AND RESERVATION OF MINERAL lives and property, I am proud to file eral Government paved the way in the RIGHTS TO BUREAU OF LAND MAN- the Tornado Family Safety Act of 2013. development of farming and ranching AGEMENT LAND CONVEYED TO THE Representative TOM COLE from Okla- STATE OF OREGON FOR THE ESTAB- homa is filing the House companion in the Umatilla Basin. In 1954, the Bu- LISHMENT OF HERMISTON AGRICUL- reau of Land Management granted land TURAL RESEARCH AND EXTENSION bill today as well. I want to thank him to the State of Oregon on the condition CENTER. for being my partner in this effort as that the land is used for cooperative (a) RELEASE OF REVERSIONARY INTEREST his district has seen firsthand how de- agricultural experimental work. Over AND RESERVATION OF MINERAL RIGHTS.—Sub- structive these tornadoes can be to the past nearly 60 years, OSU has de- ject to subsection (b), there are released by homes and businesses. In particular, the United States without consideration— our bill would allow U.S. Small Busi- veloped a center with state-of-the-art (1) the reversionary interest retained by laboratories, irrigation technology the United States to the research center land ness Administration, SBA, disaster abilities, greenhouses, screenhouses under the patent; and home mitigation loans to go towards and research and extension faculty. (2) the reservation of mineral rights by the the construction of tornado safe rooms. HAREC now supports nearly 500,000 United States to the research center land Under current law, SBA can increase acres of irrigated agriculture. under the patent. the size of a home disaster loan by 20 Just as agriculture in the Columbia (b) CONDITION.—The release of the rever- percent of the total damage to decrease Basin has grown by leaps and bounds sionary interest under subsection (a)(1) is future disaster risk. The Small Busi- subject to the condition that the State ness Act lists out examples of mitiga- since 1954, so has the community of agrees to use any consideration received by Hermiston. This bill removes the rever- the State from the sale, lease, or other con- tion activities such as ‘‘. . . retaining sionary clause from the original land veyance of the research center land after the walls, sea walls, grading and grant while conditioning that any con- date of enactment of this Act for agricul- contouring land, relocating utilities sideration gained by OSU from the tural experimental and research work of Or- and modifying structures . . .’’ The bill sale, lease, or other use of the land be egon State University. would add safe rooms as an eligible ac- put back into agricultural experi- (c) INSTRUMENT OF RELEASE.—The Sec- tivity so homeowners would have ac- mental and research work. It gives retary of the Interior (acting through the Di- cess to these low-interest loans. It does rector of the Bureau of Land Management) not replace or duplicate other pro- OSU the flexibility to adapt to the pop- shall execute and file in the appropriate of- ulation growth and city expansion that fice a deed of release, amended deed, or other grams, but instead provides a backstop will ultimately necessitate the reloca- appropriate instrument reflecting the re- for families in disaster prone areas. tion of HAREC from inside the urban lease under subsection (a). Under guidelines from the Federal growth boundary to a more rural loca- Emergency Management Agency, tion. Without this bill, moving the sta- By Mr. REID (for Ms. LANDRIEU): FEMA, and the International Code tion would mean triggering the federal S. 1440. A bill to amend the Small Council, ICC, a safe room should with- reversionary clause and losing HAREC Business Act to allow the use of phys- stand 250 mph winds and the impact of land and all the buildings and improve- ical damage disaster loans for the con- a 15-pound plank hitting a wall at 100 ments over nearly six decades to the struction of safe rooms; to the Com- miles per hour, according to the Insur- Federal Government. I’m sponsoring mittee on Small Business and Entre- ance Institute for Business and Home this bill to ensure HAREC can continue preneurship. Safety, IBHS. Safe rooms designed to for another hundred years. Ms. LANDRIEU. Mr. President, I the FEMA and ICC standards are rec- Regional leaders and Oregon State come to the floor today to speak on an ommended for both tornadoes and hur- University support removing the bar- issue that is of great importance to my ricanes. For individual homes, a safe riers to the continued operation of the home state of Louisiana: disaster pre- room could range anywhere from $3,000 center. I express my gratitude for their paredness. As you know, along the Gulf to $12,000. work with me on this legislation. I also Coast, we keep an eye trained on the The concept for the bill came about look forward to working with Senator Gulf of Mexico during hurricane sea- after discussions with the FEMA and Merkley to advance this bill and sup- son. This is following the devastating the SBA on recent disasters. We port the agricultural heart of the re- one-two punch of Hurricanes Katrina learned that safe rooms are not allow- gional economy. and Rita of 2005 as well as Hurricanes able under FEMA preparedness grant Mr. President, I ask unanimous con- Gustav and Ike in 2008. Unfortunately, programs. Safe rooms would be consid- sent that the text of the bill be printed our region also has had to deal with ered construction and FEMA only al- in the RECORD. the economic and environmental dam- lows for limited construction under the There being no objection, the text of age from the Deepwater Horizon dis- preparedness grants for very specific the bill was ordered to be printed in aster in 2010 and more recently Hurri- items, such as communications towers, the RECORD, as follows: cane Isaac. For this reason, as Chair of as specified in the appropriations acts. S. 1437 the Senate Committee on Small Busi- Safe rooms are an eligible activity Be it enacted by the Senate and House of Rep- ness and Entrepreneurship, ensuring under the FEMA Hazard Mitigation resentatives of the United States of America in Federal disaster programs are effective Grant Program, HMGP. States decide Congress assembled, and responsive to disaster victims is how they use their HMGP, and reim- SECTION 1. SHORT TITLE. one of my top priorities. While the Gulf bursing safe room construction for This Act may be cited as the ‘‘Hermiston Coast is prone to hurricanes, other homeowners could be eligible. How- Agricultural Research and Extension Center Land Conveyance Act’’. parts of the country are no strangers to ever, given the larger cost involved in SEC. 2. DEFINITIONS. disaster. For example, the Midwest and reimbursing individual homeowners, In this Act: Southeast have tornadoes, California HMGP funded safe rooms are often- (1) RESEARCH CENTER LAND.—The term ‘‘re- experiences earthquakes and wildfires, times community-owned not residen- search center land’’ means the approxi- and the Northeast sees crippling snow- tial.

VerDate Mar 15 2010 07:53 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.064 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6221 As I have indicated, FEMA Individual mittee on Environment and Public throughout the country. As population Assistance does not allow the construc- Works. growth continues near these old mines, tion of safe rooms. FEMA does allow Mr. UDALL of Colorado. Mr. Presi- more and more risks to public health HMGP grants for safe rooms and states dent, today I am reintroducing legisla- and safety are likely to occur. We sim- can decide to reimburse safe room con- tion designed to help promote the ply must begin to address this issue— struction for homeowners. However, cleanup of abandoned and inactive hard not only to improve the environment, most are typically community-owned rock mines that are a great detriment but also to ensure that our water sup- not residential since HMGP funds both to the environment and public health plies are safe and usable. This bill does single and multi-use facilities— throughout the country, but especially not address all the concerns some schools, community centers, etc. For to the West. I want to thank my col- would-be Good Samaritans may have example, according to FEMA data, out league Senator BENNET for joining me about initiating cleanup projects and I of 21 states funding safe rooms, only in this effort. am committed to continue working to four states, Oklahoma, Alabama, Mis- For over one hundred years, miners address those additional concerns, sissippi, and Arkansas, represent the and prospectors have searched for and through additional legislation and in bulk of residential safe rooms, developed valuable ‘‘hard rock’’ min- other ways. However, this bill can appproximately 21,600 of the 21,880 erals—gold, silver, copper, molyb- make a real difference, and I think it funded. denum, and others. Hard rock mining deserves approval without unnecessary But let me give you an example of has played a key role in the history of delay. how the needs for these types of struc- Colorado and other states, and the re- tures are often outpacing the resources sulting mineral wealth has been an im- By Mr. WYDEN (for himself and currently available. Following the May portant contributor to our economy Mr. ISAKSON): 20, 2013 tornado there, Moore, OK, and the development of essential prod- S. 1444. A bill to amend title XVIII of Mayor Glenn Lewis proposed a require- ucts. the Social Security Act to provide payment that all new homes built in the Too often, however, the miners would ment under part A of the Medicare Pro- city include a safe room. Oklahoma abandon their work and move on, seek- gram on a reasonable cost basis for an- Governor Fallin also told the Associ- ing riches over the next mountain. The esthesia services furnished by an anes- ated Press that only 100 of the 1,752 resulting legacy of unsafe open mine thesiologist in certain rural hospitals public schools in Oklahoma have a safe shafts and acid mine drainages can be in the same manner as payments are room. In a subsequent June 9, 2013, seen throughout the country and espe- provided for anesthesia services fur- interview, Albert Ashwood, Director of cially on public lands in the West nished by anesthesiologist assistants the Oklahoma Department of Emer- where mineral development was en- and certified anesthetists in such hos- gency Management, estimated that couraged to help settle our region. pitals; to the Committee on Finance. putting safe rooms in 1,000 Oklahoma Unfortunately, many of our current Mr. WYDEN. Mr. President. I am schools, via traditional FEMA grant environmental laws designed to miti- honored to join my colleague from programs, would cost between $500 mil- gate the impact from operating hard Georgia, Senator JOHNNY ISAKSON, in lion to $1 billion alone. So in the near rock mines are of limited effectiveness introducing a bill essential to expand- future, there is likely to be less, not when applied to abandoned and inac- ing health care options for rural hos- more, Federal funding available at the tive mines. As a result, many of these pitals and beneficiaries living in rural State level for these types of residen- old mines continue to pollute streams areas, the Medicare Access to Rural tial safe rooms. Our bill would allow a and rivers and pose a risk to the health Anesthesiology Act. backstop to homeowners in the event of people who live nearby or down- As it stands today, low Medicare that other Federal/State funds are not stream. Part B anesthesia payments and low available for safe rooms for that par- The bill I am reintroducing today patient volume in rural areas makes it ticular disaster. will help address this impediment and difficult for rural hospitals to attract In closing, I believe that this com- make it easier for volunteers, who had and retain anesthesiologists. Our legis- monsense disaster reform will greatly no role in creating the problem, to help lation would take an important step benefit homeowners impacted by future clean up these sites and improve the towards leveling the playing field be- tornadoes and other disasters. environment. It does so by providing a tween urban and rural health care by Mr. President, I ask unanimous con- new permit program under the Clean ensuring that rural Medicare bene- sent that the text of the bill be printed Water Act whereby volunteers can, ficiaries have similar access to anes- in the RECORD. under an approved plan, reduce the thesia services. There being no objection, the text of water pollution flowing from an aban- Generally, Medicare pays for anes- the bill was ordered to be printed in doned mine. At the same time, volun- thesia services under the Medicare the RECORD, as follows: teers will not be exposed to the full li- Part B fee schedule, but in order to at- S. 1440 ability and ongoing responsibility pro- tract anesthesia providers to rural Be it enacted by the Senate and House of Rep- visions of the Clean Water Act. areas, a statutory exception was cre- resentatives of the United States of America in I would be remiss not to thank the ated in the 1980s that allows eligible Congress assembled, Environmental Protection Agency for rural hospital to use Part A funds to SECTION 1. SHORT TITLE. its work in addressing this issue. Most employ or contract with non-physician This Act may be cited as the ‘‘Tornado recently, EPA issued a memorandum anesthesiologist assistants, AA, or cer- Family Safety Act of 2013’’. on December 12, 2012, to reduce the tified registered nurse anesthetists, SEC. 2. USE OF PHYSICAL DAMAGE DISASTER Clean Water Act legal vulnerability CRNA. This policy however, does not LOANS. Section 7(b)(1)(A) of the Small Business faced by ‘‘Good Samaritans’’ by clari- permit eligible hospitals to use pass- Act (15 U.S.C. 636(b)(1)(A)) is amended— fying that parties who volunteer to through funds to pay anesthesiologists. (1) by striking ‘‘the Administration may clean up these abandoned sites are gen- Leaving anesthesiologists out also pre- increase’’ and inserting ‘‘the Administration erally not responsible for obtaining a vents AAs from receiving pass through may, subject to section 18(a), increase’’; and permit under the Clean Water Act both payment because AAs must have an an- (2) by striking ‘‘and modifying structures’’ during and following a successful esthesiologist on premises in order to and inserting ‘‘, and modifying structures cleanup. While this was an important practice. As a result, many folks in (including construction of a safe room or step forward, my legislation will pro- rural areas only have access to one similar storm shelter designed to protect property and occupants from tornadoes or vide binding legal protections for Good type of anesthesia provider compared other natural disasters)’’. Samaritans, allowing them to move to folks in urban areas who can easily forward—knowing the long-term cer- visit an anesthesiologist, CRNA, or an By Mr. UDALL of Colorado (for tainty of their rights—with the imper- AA. himself and Mr. BENNET): ative work of mine cleanup. Our legislation would allow eligible S. 1443. A bill to facilitate the reme- The new permits proposed in this bill rural hospitals to use ‘‘pass-through’’ diation of abandoned hardrock mines, would help address problems that have Part A funds to employ CRNAs, AAs, and for other purposes; to the Com- frustrated federal and state agencies and anesthesiologists. This common

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.062 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6222 CONGRESSIONAL RECORD — SENATE August 1, 2013 sense change would give eligible rural legislation to repeal corporate tax ‘‘(C) UNITED STATES CRUISE INDUSTRY IN- hospitals the power to choose the anes- loopholes that allow the cruise indus- COME.— thesia providers that best suit the med- try to avoid paying its fair share of ‘‘(i) IN GENERAL.—United States cruise in- ical needs of their patients, and would U.S. corporate income taxes. dustry income shall be treated as effectively These bills change the treatment of connected with the conduct of a trade or provide these hospitals with another business within the United States. the revenue that foreign-based cruise tool to recruit and retain anesthesi- ‘‘(ii) UNITED STATES CRUISE INDUSTRY IN- ology professionals as well as expand lines earn from ships that embark or COME.—For purposes of this subparagraph, the availability of anesthesiology care disembark nearly 15 million passengers the term ‘United States cruise industry in- in medically underserved areas. a year in the United States. A string of come’ means income attributable to any cov- Mr. President, I ask unanimous con- recent incidents has demonstrated that ered passenger cruise (as defined in para- sent that the text of the bill be printed when cruise ships get into trouble, the graph (8)), including income directly or indirectly attributable to the carriage of pas- In the RECORD. companies rely on the resources and There being no objection, the text of assistance of the U.S. Navy and Coast sengers and any on-board or off-board activi- Guard. The industry also uses the serv- ties incidental to such covered passenger the bill was ordered to be printed in cruise.’’. the RECORD, as follows: ices of over 20 other U.S. agencies to (B) COVERED PASSENGER CRUISE.—Sub- S. 1444 the tune of millions of taxpayer dollars section (c) of section 864 of such Code is Be it enacted by the Senate and House of Rep- every year. amended by adding at the end the following resentatives of the United States of America in The majority of cruise companies are new paragraph: Congress assembled, organized as foreign corporations, even ‘‘(8) COVERED PASSENGER CRUISE.—For pur- SECTION 1. SHORT TITLE. though many of their headquarters and poses of paragraph (4)(C)— This Act may be cited as the ‘‘Medicare executives are located in the United ‘‘(A) DEFINITION.— Access to Rural Anesthesiology Act of 2013’’. States. By incorporating in foreign ‘‘(i) IN GENERAL.—The term ‘covered pas- SEC. 2. MEDICARE PART A PAYMENT FOR ANES- countries, the cruise industry enjoys a senger cruise’ means a voyage of a commer- THESIOLOGIST SERVICES IN CER- special exemption under section 883 of cial passenger cruise vessel— TAIN RURAL HOSPITALS BASED ON ‘‘(I) that extends over 1 or more nights, CRNA PASS-THROUGH RULES. the Internal Revenue Code, which pro- ‘‘(II) during which passengers embark or (a) IN GENERAL.—Section 1814 of the Social vides that certain foreign corporations disembark the vessel in the United States. Security Act (42 U.S.C. 1395f) is amended by are not subject to U.S. taxes on income ‘‘(ii) EXCEPTIONS FOR CERTAIN VOYAGES.— adding at the end the following new sub- derived from the international oper- Such term shall not include any voyage— section: ation of ships, even if the source of the ‘‘(I) on any vessel owned or operated by the ‘‘Anesthesiologist Services Provided in income is in the United States. United States, a State, or any subdivision Certain Rural Hospitals Today, I am introducing two bills, S. thereof, ‘‘(m)(1) Notwithstanding any other provi- 1449 and S. 1450. The first would elimi- ‘‘(II) which occurs exclusively on the in- sion of this title, coverage and payment shall nate the section 883 special exemption land waterways of the United States, or be provided under this part for physicians’ ‘‘(III) in which a vessel in the usual course for cruise industry income derived of employment proceeds, without an inter- services that are anesthesia services fur- from passenger cruise voyages that em- nished by a physician who is an anesthesiol- vening foreign port of call from one port or ogist in a rural hospital described in para- bark or disembark passengers in the place in the United States to the same port graph (3) in the same manner as payment is United States. This income would be or place or to another port or place in the made under the exception provided in sec- treated as being U.S. sourced and effec- United States. tion 9320(k) of the Omnibus Budget Rec- tively connected with a U.S. trade or ‘‘(B) PASSENGER CRUISE VESSEL.—For pur- onciliation Act of 1986, as amended by sec- business, so it would be subject to U.S. poses of subparagraph (A)— tion 6132 of the Omnibus Budget Reconcili- taxes at the same rate as other income. ‘‘(i) IN GENERAL.—The term ‘passenger ation Act of 1989 (42 U.S.C. 1395k note) (relat- The second bill would impose a 5 per- cruise vessel’ means any passenger vessel ing to payment on a reasonable cost, pass- cent excise tax on gross income from having berth or stateroom accommodations through basis), for certified registered nurse for at least 250 passengers. cruises where passengers embark or ‘‘(ii) EXCEPTIONS.—Such term shall not in- anesthetist services furnished by a certified disembark in the United States. Funds registered nurse anesthetist in a hospital de- clude any ferry, recreational vessel, sailing scribed in such section. generated from the excise tax will help school vessel, small passenger vessel, off- ‘‘(2) No payment shall be made under any fund a national program to make infra- shore supply vessel, or any other vessel de- other provision of this title for physicians’ structure improvements vital to the ef- termined under regulations by the Secretary services for which payment is made under ficient transportation of goods and to be excluded from the application of this this subsection. services. part. ‘‘(3) A rural hospital described in this para- For too long, the cruise industry has ‘‘(iii) DEFINITIONS.—Any term used in this graph is a hospital described in section been able to use taxpayer provided section which used in chapter 21 of title 46, 9320(k) of the Omnibus Budget Reconcili- services without actually paying for United States Code, shall have the meaning ation Act of 1986, as so amended (42 U.S.C. given such term under section 2101 of such 1395k note), except that— them. It is time the cruise industry be- title.’’. ‘‘(A) any reference in such section to a gins to pay for the services it uses. (C) CONFORMING AMENDMENT.—Subpara- ‘certified registered nurse anesthetist’ or Mr. President, I ask unanimous con- graph (A) of section 864(c)(4) of such Code is ‘anesthetist’ is deemed a reference to a ‘phy- sent that the text of the bills be print- amended by striking ‘‘subparagraphs (B) and sician who is an anesthesiologist’ or ‘anes- ed in the RECORD. (C)’’ and inserting ‘‘subparagraphs (B), (C), thesiologist’, respectively; and There being no objection, the text of and (D)’’. ‘‘(B) any reference to ‘January 1, 1988’ or the bills were ordered to be printed in (2) INCOME FROM SOURCES WITHIN THE ‘1987’ is deemed a reference to such date and the RECORD, as follows: UNITED STATES.—Paragraph (4) of section year as the Secretary shall specify.’’. S. 1449 887(b) of such Code is amended by adding at (b) EFFECTIVE DATE.—The amendment the end the following flush sentence: Be it enacted by the Senate and House of Rep- made by subsection (a) shall apply to serv- resentatives of the United States of America in ‘‘The preceding sentence shall not apply to ices furnished during cost reporting periods Congress assembled, with respect to any United State source beginning on or after the date of the enact- gross transportation income which is United ment of this Act. SECTION 1. TAXATION OF UNITED STATES CRUISE INDUSTRY INCOME OF NON- States cruise industry income (as defined in RESIDENT ALIENS AND FOREIGN section 864(c)((4)(C)(ii)).’’. By Mr. ROCKEFELLER: CORPORATIONS. (b) REPEAL OF EXEMPTION FROM GROSS IN- S. 1449. A bill to amend the Internal (a) UNITED STATES CRUISE INDUSTRY IN- COME FOR CERTAIN TAXPAYERS.— Revenue Code of 1986 to provide that COME TREATED AS EFFECTIVELY CONNECTED (1) NONRESIDENT ALIENS.—Paragraph (1) of income attributable to certain pas- TO THE CONDUCT OF A TRADE OR BUSINESS section 872(b) of the Internal Revenue Code senger cruise voyages beginning or end- WITHIN THE UNITED STATES.— of 1986 is amended by inserting ‘‘(other than ing in the United States shall be treat- (1) INCOME FROM SOURCES WITHOUT THE United States cruise industry income (as deed as effectively connected with the UNITED STATES.— fined in section 864(c)(4)(C)))’’ after ‘‘or (A) IN GENERAL.—Paragraph (4) of section ships’’. conduct of a trade or business within 864(c) of the Internal Revenue Code of 1986 is (2) FOREIGN CORPORATIONS.—Paragraph (1) the United States; to the Committee amended by redesignating subparagraph (D) of section 883(a) of such Code is amended by on Finance. as subparagraph (C) and by inserting after inserting ‘‘(other than United States cruise Mr. ROCKEFELLER. Mr. President, subparagraph (C) the following new subpara- industry income (as defined in section today I am introducing comprehensive graph: 864(c)(4)(C)))’’ after ‘‘or ships’’.

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.068 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6223 (c) INCOME TAX TREATIES.—Section 894 of ‘‘(4) UNITED STATES.—The term ‘United Tahoe is a national treasure. Her al- the Internal Revenue Code of 1986 is amended States’ includes any possession of the United pine beauty has drawn and inspired by adding at the end the following new sub- States.’’. people for centuries: artists and poets, section: (b) CONFORMING AMENDMENT.—Subchapter John Muir and Mark Twain, and count- ‘‘(d) SPECIAL RULE FOR UNITED STATES B of chapter 36 of the Internal Revenue Code CRUISE INDUSTRY INCOME.—Notwithstanding of 1986 is amended by striking all preceding less millions the world over. subsection (a), no tax exemption or reduced section 4471 and inserting the following: As a girl, I went to Lake Tahoe to ride horses through the woods, to swim tax rate shall be permitted under any treaty ‘‘Subchapter B—Transportation by Water of the United States with respect to United in the clear blue waters and to bike ‘‘PART I—PER PASSENGER TAX States cruise industry income (as defined in around the magnificent Basin. section 864(c)(4)(C)).’’. ‘‘PART II—AD VALOREM TAX For over 16 years, representatives (d) EFFECTIVE DATE.—The amendments ‘‘PART I—PER PASSENGER TAX from different ends of the political made by this section shall apply to income ‘‘Sec. 4471. Imposition of tax. spectrum have come together to Keep attributable to voyages made after the date ‘‘Sec. 4472. Definitions.’’. Tahoe Blue. of the enactment of this Act. (c) EFFECTIVE DATE.—The amendments The challenges are great. Climate S. 1450 made by this section shall apply to voyages change and drought have created a per- Be it enacted by the Senate and House of Rep- made after the date of the enactment of this sistent threat from catastrophic wild- resentatives of the United States of America in Act. fire. Sedimentation and pollution Congress assembled, SEC. 2. INTERMODAL INFRASTRUCTURE TRUST SECTION 1. EXCISE TAX ON GROSS RECEIPTS DE- FUND. threaten water quality and the lake’s RIVED FROM CRUISES. (a) IN GENERAL.—Subchapter A of Chapter treasured clarity. And invasive species (a) IN GENERAL.—Subchapter B of chapter 98 of the Internal Revenue Code of 1986 is threaten the economy of the region. 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following The time to act is now, and the fed- amended by inserting after section 4472 the new section: eral government must take a leading following: ‘‘SEC. 9512. INTERMODAL INFRASTRUCTURE role—78 percent of the land sur- ‘‘PART II—AD VALOREM TAX TRUST FUND. rounding Lake Tahoe is public land, ‘‘Sec. 4476. Imposition of tax. ‘‘(a) CREATION OF TRUST FUND.—There is primarily the Eldorado, Toiyabe and ‘‘Sec. 4477. Definitions. hereby established in the Treasury of the Tahoe National Forests. ‘‘SEC. 4476. IMPOSITION OF TAX. United States a trust fund to be known as That is why today I am reintroducing ‘‘(a) IN GENERAL.—In addition to any other the ‘Intermodal Infrastructure Trust Fund’, the Lake Tahoe Restoration Act of tax, there is hereby imposed a tax of 5 per- consisting of such amounts as may be appro- cent of the allocable amount with respect to priated or credited to the Intermodal Infra- 2013, which is co-sponsored by Senators any covered passenger cruise. structure Trust Fund in this section or sec- HARRY REID, DEAN HELLER and BAR- ‘‘(b) BY WHOM PAID.—The tax imposed by tion 9602(b). BARA BOXER. this section shall be paid by the person pro- ‘‘(b) TRANSFERS TO INTERMODAL INFRA- The bill would continue the Federal viding the covered passenger cruise. STRUCTURE TRUST FUND.—There are hereby commitment at Lake Tahoe by author- ‘‘SEC. 4477. DEFINITIONS. appropriated to the Intermodal Infrastruc- izing $415 million over ten years to im- ‘‘For purposes of this section— ture Trust Fund amounts equivalent to the prove water clarity, reduce the threat ‘‘(1) COVERED PASSENGER CRUISE.— taxes received in the Treasury under section of catastrophic fire, combat invasive ‘‘(A) IN GENERAL.—The term ‘covered pas- 4471. species, and restore and protect the en- senger cruise’ means a voyage of a commer- ‘‘(c) EXPENDITURES FROM INTERMODAL IN- vironment in the Lake Tahoe Basin. cial passenger cruise vessel— FRASTRUCTURE TRUST FUND.—Amounts in the ‘‘(i) that extends over 1 or more nights, Intermodal Infrastructure Trust Fund shall Specifically, it would do the fol- ‘‘(ii) during which passengers embark or be available, as provided in appropriations lowing: disembark the vessel in the United States. Acts, for transportation improvement, in- Provide $243 million over 10 years for ‘‘(B) EXCEPTIONS FOR CERTAIN VOYAGES.— cluding— the highest priority restoration Such term shall not include any voyage— ‘‘(1) the construction or improvement of— projects, according to scientific data. ‘‘(i) on any vessel owned or operated by the ‘‘(A) passenger or freight rail lines, The legislation authorizes at least $138 United States, a State, or any subdivision ‘‘(B) highways, million for stormwater management thereof, ‘‘(C) bridges, and watershed restoration projects sci- ‘‘(ii) which occurs exclusively on the in- ‘‘(D) airports, entifically determined to be the most land waterways of the United States, or ‘‘(E) air traffic control systems, ‘‘(iii) in which a vessel in the usual course ‘‘(F) port or marine facilities, effective ways to improve water clar- of employment proceeds, without an inter- ‘‘(G) inland waterways, ity. vening foreign port of call from one port or ‘‘(H) transmission or distribution pipelines, This bill also requires prioritized place in the United States to the same port ‘‘(I) public transportation facilities or sys- ranking of environmental restoration or place or to another port or place in the tems projects and authorizes $80 million for United States. ‘‘(J) intercity passenger bus or passenger State and local agencies to implement ‘‘(2) PASSENGER CRUISE VESSEL.— rail facilities or equipment, and these projects with costs being split ‘‘(A) IN GENERAL.—The term ‘passenger ‘‘(K) freight rail facilities or equipment, evenly between the Federal agencies cruise vessel’ means any passenger vessel— and and non-federal partners. ‘‘(i) having berth or stateroom accom- ‘‘(2) planning, preparation, or design of any Eligible projects must demonstrate modations for at least 250 passengers, and project described in paragraph (1).’’. ‘‘(ii) that is used in the business of car- (b) CLERICAL AMENDMENT.—The table of their cost effectiveness, stakeholder rying passengers for hire. sections for subchapter A of Chapter 98 of support, ability to leverage non-federal ‘‘(B) EXCEPTIONS.—Such term shall not in- such Code is amended by adding at the end contributions and meet environmental clude any ferry, recreational vessel, sailing the following new item: improvement goals. school vessel, small passenger vessel, off- ‘‘Sec. 9512. Intermodal Infrastructure Trust Implementation of priority projects shore supply vessel, or any other vessel de- Fund.’’. will improve water quality, forest termined under regulations by the Secretary health, air quality and fish and wildlife to be excluded from the application of this By Mrs. FEINSTEIN (for herself, habitat around Lake Tahoe. part. Mr. REID, Mr. HELLER, and Mrs. Authorizes $135 million over ten ‘‘(C) DEFINITIONS.—Any term used in this BOXER): section which is used in chapter 21 of title 46, years to reduce the threat of wildfire in United States Code, shall have the meaning S. 1451. A bill to provide for environ- Lake Tahoe. These funds will finance given such term under section 2101 of such mental restoration activities and for- hazardous fuels reduction projects in- title. est management activities in the Lake cluding grants to local fire agencies, ‘‘(3) ALLOCABLE AMOUNT.—The term ‘allo- Tahoe Basin, to amend title 18, United who must contribute at least 25 per- cable amount’ means— States Code, to prohibit the importa- cent of project costs. ‘‘(A) in the case in which a majority of the tion or shipment of quagga mussels, The bill also authorizes important passengers on any covered passenger cruise and for other purposes; to the Com- restoration work related to the dev- embark or disembark in the United States, mittee on Environment and Public astating 2007 Angora fire, which de- 100 percent of the gross receipts attributable to such covered passenger cruise, and Works. stroyed 242 residences and 67 commer- ‘‘(B) in any other case, 50 percent of the Mrs. FEINSTEIN. Mr. President, I cial structures. Fuels treatment on gross receipts attributable to such covered rise today to again discuss the need to Washoe Tribal lands, wildfire preven- passenger cruise. restore and protect Lake Tahoe. Lake tion planning, and improvements to

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.072 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6224 CONGRESSIONAL RECORD — SENATE August 1, 2013 local water district infrastructure to to lay their eggs. But dams, pollution the Forest Service so that it can be fight wildfires that reach urban areas and overfishing caused the demise of managed more efficiently. are eligible for grant funding. the Lahontan Cutthroat Trout. This legislation is needed because the The bill also creates incentives for Lake Tahoe is one of the historic 11 ‘‘Jewel of the Sierra’’ is in big trouble. local communities to have dedicated lakes where Lahontan Cutthroat Trout If we don’t act now, we could lose Lake funding for defensible space inspections flourished in the past, and it’s a crit- Tahoe, lose it with stunning speed, to and enforcement. ical part of the strategy to recover the several devastating threats. Protecting Lake Tahoe from the species. Anyone doubting that climate threat of quagga mussels and other Funds scientific research. The legis- change poses a severe threat to Lake invasive aquatic species. Protecting lation authorizes $30 million over ten Tahoe should read an alarming recent Lake Tahoe from the threat of quagga years for scientific programs and re- report by the UC Davis Tahoe Environ- mussels and other invasive aquatic spe- search which will produce information mental Research Center. cies is a major priority because of the on long-term trends in the Basin and It was written for the U.S. Forest serious threats posed to Lake Tahoe. inform the most cost-effective projects. Service by scientists who have devoted University of California, Davis and Prohibiting mining operations in the their professional careers to studying University of Nevada, Reno scientists Tahoe Basin. This legislation would Lake Tahoe. And it paints a distinctly report that they have found up to 3,000 prohibit new mining operations in the bleak picture of the future for the Asian clams per square meter at spots Basin, ensuring that the fragile water- ‘‘Jewel of the Sierra.’’ between Zephyr Point and Elk Point in shed and Lake Tahoe’s water clarity Among its findings are the Tahoe Ba- Lake Tahoe. The spreading Asian clam are not threatened by pollution from sin’s regional snowpack could decline population could put sharp shells and mining operations. by as much as 60 percent in the next rotting algae on the Lake’s beaches Increases accountability and over- century, with increased floods likely and help spread other invasive species sight. Every project funded by this leg- by 2050 and prolonged droughts by 2100. such as quagga mussels. islation will have monitoring and as- Even ‘‘under the most optimistic pro- The bill would authorize $30 million sessment to determine the most cost- jections,’’ average snowpack in the Si- for watercraft inspections and removal effective projects and best manage- erra Nevada around Tahoe will decline of existing invasive species. It would ment practices for future projects. by 40 to 60 percent by 2100, according to require all watercraft to be inspected The legislation also requires the the report. and decontaminated if they are deter- Chair of the Federal Partnership to This would likely bankrupt Tahoe’s mined to be a risk to the lake. work with the Forest Service, Environ- ski industry, threaten the water supply These invasive species threats are se- mental Protection Agency, Fish and of Reno and other communities, and rious. For example, one quagga or Wildlife Service and regional and state degrade the lake’s fabled water clarity. zebra mussel can lay 1 million eggs in agencies, to prepare an annual report It is devastating. a year. This means that a single boat to Congress detailing the status of all According to the UC Davis report, an carrying quagga could devastate the projects undertaken, including project all-out attack on pollution and sedi- lake’s biology, local infrastructure, scope, budget and justification and mentation may be the lake’s last best and the local economy. overall expenditures and accomplish- hope. The threat to Lake Tahoe cannot be ments. Geoff Schladow, director of the UC overstated. In 2007 quagga mussels This will ensure that Congress can Davis Tahoe Environmental Research were discovered in Lake Mead. In the 6 have oversight on the progress of envi- Center and one of the report’s authors, years since, there population has ronmental restoration in Lake Tahoe. noted the need to restore short-term swelled exponentially. Today there are Provides for public outreach and edu- water quality in Lake Tahoe—while more than 3 trillion. The infestation is cation. The Forest Service, Environ- there’s still time to do it. probably irreversible. mental Protection Agency, Fish and ‘‘Reducing the load of external nutri- There is good news. There is prom- Wildlife Service and Tahoe Regional ents entering the lake in the coming ising news on this front. Scientists Planning Agency will implement new decades may be the only possible miti- have begun testing a new strategy by public outreach and education pro- gation measure to reduce the impact of placing long rubber mats across the grams including encouraging Basin climate change on lake clarity . . . ,’’ bottom of Lake Tahoe to cut off the residents and visitors to implement de- the report said. oxygen to the Asian clams. Early re- fensible space, conducting best man- Without such an effort, the ‘‘internal search suggests that these mats were agement practices for water quality loading of nutrients’’ could fundamen- very effective at killing the clams. We and preventing the introduction and tally change the lake and fuel algal continue to learn from this important proliferation of invasive species. In ad- growth, creating a downward spiral in research about how best to manage dition, the legislation requires signage water quality and clarity. invasive species. on federally financed projects to im- Water clarity is one of the central We can fight off these invaders. But prove public awareness of restoration problems the legislation would address. it will require drive and imagination efforts. Pollution and sedimentation have and the help authorized within this Allows for increased efficiency in the threatened Lake Tahoe’s water clarity bill. management of public land. Under this for years now. In 1968, the first year UC Supports reintroduction of the legislation, the Forest Service would Davis scientists made measurements Lahontan Cutthroat Trout. The legis- have increased flexibility to exchange using a device called a Secchi disk, lation authorizes $20 million over 10 land with state agencies which will clarity was measured at an average years for the Lahontan Cutthroat allow for more cost-efficient manage- depth of 102.4 feet. Clarity declined Trout Recovery Plan. The Lahontan ment of public land. There is currently over the next three decades, hitting a Cutthroat Trout is an iconic species a checkerboard pattern of ownership in low of 64 feet in 1997. that has an important historic legacy some areas of the Basin. There has been some improvement in in Lake Tahoe. Under this new authority, the Forest this decade. Last year scientists re- When John C. Fremont first explored Service could exchange land with the corded average clarity at 75.3 feet—the the Truckee River in January of 1844, California Tahoe Conservancy and the clearest readings in a decade. But it is he called it the Salmon Trout River be- California Department of Parks and a fragile gain. Sedimentation and cause he found the Pyramid Lake Recreation of approximately equal stormwater runoff pose a persistent Lahontan Cutthroat Trout. The trout value without going through a lengthy threat. relied on the Truckee River and its process to assess the land. Climate change has already made tributaries for their spawning runs in For example, if there are several itself apparent at Lake Tahoe. It spring, traveling up the entire river’s plots of Forest Service land that sur- makes the basin dry and tinder-hot, length as far as Lake Tahoe and round or are adjacent to Tahoe Conser- raising the risks of catastrophic wild- Donner Lake, where they used the cool, vancy or California State Parks land, fire. Daily air temperatures have in- pristine waters and clean gravel beds the state could transfer that land to creased 4 degrees since 1911. Snow has

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.049 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6225 declined as a fraction of total precipi- ‘‘(7) a stable water clarity level for Lake ed the Southern Nevada Public Land Man- tation, from an average of 52 percent in Tahoe could be achieved through feasible agement Act of 1998 (Public Law 105–263; 112 1910 to just 36 percent in recent years. control measures for very fine sediment par- Stat. 2346) to authorize development and im- Climate change has caused Lake ticles and nutrients; plementation of a comprehensive 10-year ‘‘(8) fine sediments that cloud Lake Tahoe, Tahoe’s surface water temperature to hazardous fuels and fire prevention plan for and key nutrients such as phosphorus and ni- the Lake Tahoe Basin; rise over 2 degrees in 44 years. That trogen that support the growth of algae and ‘‘(17) the Assistant Secretary of the Army means the cyclical deep-water mixing invasive plants, continue to flow into the for Civil Works was an original signatory in of the lake’s waters will occur less fre- lake from stormwater runoff from developed 1997 to the Agreement of Federal Depart- quently, and this could significantly areas, roads, turf, other disturbed land, and ments on Protection of the Environment and disrupt Lake Tahoe’s ecosystem. streams; Economic Health of the Lake Tahoe Basin; This legislation is intended to ad- ‘‘(9) the destruction and alteration of wet- ‘‘(18) the Chief of Engineers, under direc- land, wet meadows, and stream zone habitat tion from the Assistant Secretary of the dress these problems. have compromised the natural capacity of Army for Civil Works, has continued to be a Last year, the Senate Environment the watershed to filter sediment, nutrients, significant contributor to Lake Tahoe Basin and Public Works Committee reported and pollutants before reaching Lake Tahoe; out the bill favorably, but there was ‘‘(10) approximately 25 percent of the trees restoration, including— not enough time for a floor vote. It is in the Lake Tahoe Basin are either dead or ‘‘(A) stream and wetland restoration; dying; ‘‘(B) urban stormwater conveyance and my hope that this legislation can move treatment; and through committee quickly and be ‘‘(11) forests in the Tahoe Basin suffer from over a century of fire suppression and peri- ‘‘(C) programmatic technical assistance; passed later this year. odic drought, which have resulted in— ‘‘(19) at the Lake Tahoe Presidential A lot of good work has been done. ‘‘(A) high tree density and mortality; Forum in 1997, the President renewed the But there’s a lot more work to do, and ‘‘(B) the loss of biological diversity; and commitment of the Federal Government to time is running out. ‘‘(C) a large quantity of combustible forest Lake Tahoe by— Mark Twain called Lake Tahoe ‘‘the fuels, which significantly increases the ‘‘(A) committing to increased Federal re- fairest picture the whole world af- threat of catastrophic fire and insect infesta- sources for environmental restoration at fords.’’ We must not be the generation tion; Lake Tahoe; and who lets this picture fall into ruin. We ‘‘(12) the establishment of several aquatic ‘‘(B) establishing the Federal Interagency and terrestrial invasive species (including Partnership and Federal Advisory Com- must rise to the challenge, and do all perennial pepperweed, milfoil, and Asian mittee to consult on natural resources issues we can to preserve this ‘‘noble sheet of clam) threatens the ecosystem of the Lake concerning the Lake Tahoe Basin; water.’’ Tahoe Basin; ‘‘(20) at the 2011 and 2012 Lake Tahoe Fo- Mr. President, I ask unanimous con- ‘‘(13) there is an ongoing threat to the rums, Senator Reid, Senator Feinstein, Sen- sent that the text of the bill be printed Lake Tahoe Basin of the introduction and es- ator Heller, Senator Ensign, Governor Gib- in the RECORD. tablishment of other invasive species (such bons, Governor Sandoval, and Governor There being no objection, the text of as yellow starthistle, New Zealand mud Brown— the bill was ordered to be printed in snail, and quagga mussel); ‘‘(A) renewed their commitment to Lake ‘‘(14) the report prepared by the University Tahoe; and the RECORD, as follows: of California, Davis, entitled the ‘State of ‘‘(B) expressed their desire to fund the Fed- S. 1451 the Lake Report’, found that conditions in eral and State shares of the Environmental the Lake Tahoe Basin had changed, includ- Be it enacted by the Senate and House of Rep- Improvement Program through 2022; resentatives of the United States of America in ing— ‘‘(A) the average surface water tempera- ‘‘(21) since 1997, the Federal Government, Congress assembled, the States of California and Nevada, units of SECTION 1. SHORT TITLE. ture of Lake Tahoe has risen by more than 1.2 degrees Fahrenheit in the past 43 years; local government, and the private sector This Act may be cited as the ‘‘Lake Tahoe have contributed more than $1,620,000,000 to Restoration Act of 2013’’. ‘‘(B) since 1910, the percent of precipitation that has fallen as snow in the Lake Tahoe the Lake Tahoe Basin, including— SEC. 2. FINDINGS AND PURPOSES. Basin decreased from 51 percent to 35.5 per- ‘‘(A) $521,100,000 from the Federal Govern- The Lake Tahoe Restoration Act (Public cent; and ment; Law 106–506; 114 Stat. 2351) is amended by ‘‘(C) daily air temperatures have increased ‘‘(B) $636,200,000 from the State of Cali- striking section 2 and inserting the fol- by more than 4 degrees Fahrenheit and the fornia; lowing: trend in daily maximum temperature has ‘‘(C) $101,400,000 from the State of Nevada; ‘‘SEC. 2. FINDINGS AND PURPOSES. risen by approximately 2 degrees Fahrenheit; ‘‘(D) $68,200,000 from units of local govern- ‘‘(a) FINDINGS.—Congress finds that— ‘‘(15) 75 percent of the land in the Lake ment; and ‘‘(1) Lake Tahoe— Tahoe Basin is owned by the Federal Govern- ‘‘(E) $299,600,000 from private interests; ‘‘(A) is 1 of the largest, deepest, and clear- ment, which makes it a Federal responsi- ‘‘(22) significant additional investment est lakes in the world; bility to restore environmental health to the from Federal, State, local, and private ‘‘(B) has a cobalt blue color, a biologically Basin; sources is necessary— diverse alpine setting, and remarkable water ‘‘(16) the Federal Government has a long ‘‘(A) to restore and sustain the environ- clarity; and history of environmental preservation at mental health of the Lake Tahoe Basin; ‘‘(C) is recognized nationally and world- Lake Tahoe, including— ‘‘(B) to adapt to the impacts of changing wide as a natural resource of special signifi- ‘‘(A) congressional consent to the estab- water temperature and precipitation; and cance; lishment of the Tahoe Regional Planning ‘‘(C) to protect the Lake Tahoe Basin from ‘‘(2) in addition to being a scenic and eco- Agency with— the introduction and establishment of logical treasure, the Lake Tahoe Basin is 1 of ‘‘(i) the enactment in 1969 of Public Law invasive species; and the outstanding recreational resources of the 91–148 (83 Stat. 360); and ‘‘(23) the Secretary has indicated that the United States, which— ‘‘(ii) the enactment in 1980 of Public Law Lake Tahoe Basin Management Unit has the ‘‘(A) offers skiing, water sports, biking, 96–551 (94 Stat. 3233); capacity for at least $10,000,000 for the Fire camping, and hiking to millions of visitors ‘‘(B) the establishment of the Lake Tahoe Risk Reduction and Forest Management Pro- each year; and Basin Management Unit in 1973; gram. ‘‘(B) contributes significantly to the econo- ‘‘(C) the enactment of Public Law 96–586 (94 mies of California, Nevada, and the United Stat. 3381) in 1980 to provide for the acquisi- ‘‘(b) PURPOSES.—The purposes of this Act States; tion of environmentally sensitive land and are— ‘‘(3) the economy in the Lake Tahoe Basin erosion control grants in the Lake Tahoe ‘‘(1) to enable the Chief of the Forest Serv- is dependent on the protection and restora- Basin; ice, the Director of the United States Fish tion of the natural beauty and recreation op- ‘‘(D) the enactment of sections 341 and 342 and Wildlife Service, and the Administrator portunities in the area; of the Department of the Interior and Re- of the Environmental Protection Agency, in ‘‘(4) the Lake Tahoe Basin continues to be lated Agencies Appropriations Act, 2004 cooperation with the Planning Agency and threatened by the impacts of land use and (Public Law 108–108; 117 Stat. 1317), which the States of California and Nevada, to fund, transportation patterns developed in the last amended the Southern Nevada Public Land plan, and implement significant new envi- century that damage the fragile watershed of Management Act of 1998 (Public Law 105–263; ronmental restoration activities and forest the Basin; 112 Stat. 2346) to provide payments for the management activities to address in the ‘‘(5) the water clarity of Lake Tahoe de- environmental restoration projects under Lake Tahoe Basin the issues described in clined from a visibility level of 105 feet in this Act; and paragraphs (4) through (14) of subsection (a); 1967 to only 70 feet in 2008; ‘‘(E) the enactment of section 382 of the ‘‘(2) to ensure that Federal, State, local, ‘‘(6) the rate of decline in water clarity of Tax Relief and Health Care Act of 2006 (Pub- regional, tribal, and private entities con- Lake Tahoe has decreased in recent years; lic Law 109–432; 120 Stat. 3045), which amend- tinue to work together to manage land in

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the Lake Tahoe Basin and to coordinate on ‘‘(ii) ‘USFS-CA Land Exchange/West ‘‘(1) COORDINATION.— other activities in a manner that supports Shore’; and ‘‘(A) IN GENERAL.—In conducting forest achievement and maintenance of— ‘‘(iii) ‘USFS-CA Land Exchange/South management activities in the Lake Tahoe ‘‘(A) the environmental threshold carrying Shore’; and Basin Management Unit, the Secretary shall, capacities for the region; and ‘‘(B) dated April 12, 2013, and on file and as appropriate, coordinate with the Adminis- ‘‘(B) other applicable environmental stand- available for public inspection in the appro- trator and State and local agencies and orga- ards and objectives; priate offices of— nizations, including local fire departments ‘‘(3) to support local governments in efforts ‘‘(i) the Forest Service; and volunteer groups. related to environmental restoration, ‘‘(ii) the California Tahoe Conservancy; ‘‘(B) GOALS.—The coordination of activi- stormwater pollution control, fire risk re- and ties under subparagraph (A) should aim to duction, and forest management activities; ‘‘(iii) the California Department of Parks increase efficiencies and maximize the com- and and Recreation. patibility of management practices across ‘‘(4) to ensure that agency and science ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The public property boundaries. community representatives in the Lake term ‘national wildland fire code’ means— ‘‘(2) MULTIPLE BENEFITS.— Tahoe Basin work together— ‘‘(A) the most recent publication of the Na- ‘‘(A) IN GENERAL.—In conducting forest ‘‘(A) to develop and implement a plan for tional Fire Protection Association codes management activities in the Lake Tahoe integrated monitoring, assessment, and ap- numbered 1141, 1142, 1143, and 1144; Basin Management Unit, the Secretary shall plied research to evaluate the effectiveness ‘‘(B) the most recent publication of the conduct the activities in a manner that— of the Environmental Improvement Pro- International Wildland-Urban Interface Code ‘‘(i) except as provided in subparagraph (B), gram; and of the International Code Council; or attains multiple ecosystem benefits, includ- ‘‘(B) to provide objective information as a ‘‘(C) any other code that the Secretary de- ing— basis for ongoing decisionmaking, with an termines provides the same, or better, stand- ‘‘(I) reducing forest fuels; emphasis on decisionmaking relating to pub- ards for protection against wildland fire as a ‘‘(II) maintaining or restoring biological lic and private land use and resource man- code described in subparagraph (A) or (B). diversity; agement in the Basin.’’. ‘‘(12) PLANNING AGENCY.—The term ‘Plan- ‘‘(III) improving wetland and water qual- ning Agency’ means the Tahoe Regional SEC. 3. DEFINITIONS. ity, including in Stream Environment Zones; Planning Agency established under Public The Lake Tahoe Restoration Act (Public and Law 91–148 (83 Stat. 360) and Public Law 96– Law 106–506; 114 Stat. 2351) is amended by ‘‘(IV) increasing resilience to changing 551 (94 Stat. 3233). striking section 3 and inserting the fol- water temperature and precipitation; and ‘‘(13) PRIORITY LIST.—The term ‘Priority lowing: ‘‘(ii) helps achieve and maintain the envi- List’ means the environmental restoration ‘‘SEC. 3. DEFINITIONS. ronmental threshold carrying capacities es- priority list developed under section 8. tablished by the Planning Agency. ‘‘In this Act: ‘‘(14) SECRETARY.—The term ‘Secretary’ ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(B) EXCEPTION.—Notwithstanding clause means the Secretary of Agriculture, acting (A)(i), the attainment of multiple ecosystem trator’ means the Administrator of the Envi- through the Chief of the Forest Service. ronmental Protection Agency. benefits shall not be required if the Sec- ‘‘(15) STREAM ENVIRONMENT ZONE.—The retary determines that management for mul- ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- term ‘Stream Environment Zone’ means an sistant Secretary’ means the Assistant Sec- tiple ecosystem benefits would excessively area that generally owes the biological and increase the cost of a project in relation to retary of the Army for Civil Works. physical characteristics of the area to the ‘‘(3) CHAIR.—The term ‘Chair’ means the the additional ecosystem benefits gained presence of surface water or groundwater. from the management activity. Chair of the Federal Partnership. ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The ‘‘(4) COMPACT.—The term ‘Compact’ means ‘‘(3) GROUND DISTURBANCE.—Consistent term ‘total maximum daily load’ means the with applicable Federal law and Lake Tahoe the Tahoe Regional Planning Compact in- total maximum daily load allocations adopt- cluded in the first section of Public Law 96– Basin Management Unit land and resource ed under section 303(d) of the Federal Water management plan direction, the Secretary 551 (94 Stat. 3233). Pollution Control Act (33 U.S.C. 1313(d)). ‘‘(5) DIRECTORS.—The term ‘Directors’ shall— ‘‘(17) WATERCRAFT.—The term ‘watercraft’ ‘‘(A) establish post-project ground condi- means— means motorized and non-motorized ‘‘(A) the Director of the United States Fish tion criteria for ground disturbance caused watercraft, including boats, seaplanes, per- by forest management activities; and and Wildlife Service; and sonal watercraft, kayaks, and canoes.’’. ‘‘(B) the Director of the United States Geo- ‘‘(B) provide for monitoring to ascertain SEC. 4. ADMINISTRATION OF THE LAKE TAHOE the attainment of the post-project condi- logical Survey. BASIN MANAGEMENT UNIT. tions. ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- Section 4 of the Lake Tahoe Restoration GRAM.—The term ‘Environmental Improve- Act (Public Law 106–506; 114 Stat. 2353) is ‘‘(e) WITHDRAWAL OF FEDERAL LAND.— ment Program’ means— amended— ‘‘(1) IN GENERAL.—Subject to valid existing ‘‘(A) the Environmental Improvement Pro- (1) in subsection (b)(3), by striking ‘‘basin’’ rights and paragraph (2), the Federal land lo- gram adopted by the Planning Agency; and and inserting ‘‘Basin’’; and cated in the Lake Tahoe Basin Management ‘‘(B) any amendments to the Program. (2) by adding at the end the following: Unit is withdrawn from— ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(c) TRANSIT.— ‘‘(A) all forms of entry, appropriation, or CAPACITY.—The term ‘environmental thresh- ‘‘(1) IN GENERAL.—The Lake Tahoe Basin disposal under the public land laws; old carrying capacity’ has the meaning given Management Unit shall, consistent with the ‘‘(B) location, entry, and patent under the the term in article II of the compact. regional transportation plan adopted by the mining laws; and ‘‘(8) FEDERAL PARTNERSHIP.—The term Planning Agency, manage vehicular parking ‘‘(C) disposition under all laws relating to ‘Federal Partnership’ means the Lake Tahoe and traffic in the Lake Tahoe Basin Manage- mineral and geothermal leasing. Federal Interagency Partnership established ment Unit, with priority given— ‘‘(2) EXCEPTIONS.—A conveyance of land by Executive Order 13957 (62 Fed. Reg. 41249) ‘‘(A) to improving public access to the shall be exempt from withdrawal under this (or a successor Executive order). Lake Tahoe Basin, including the subsection if carried out under— ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The prioritization of alternatives to the private ‘‘(A) the Lake Tahoe Restoration Act (Pub- term ‘forest management activity’ in- automobile, consistent with the require- lic Law 106–506; 114 Stat. 2351); or cludes— ments of the Compact; ‘‘(B) the Santini-Burton Act (Public Law ‘‘(A) prescribed burning for ecosystem ‘‘(B) to coordinating with the Nevada De- 96–586; 94 Stat. 3381). health and hazardous fuels reduction; partment of Transportation, Caltrans, State ‘‘(f) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(B) mechanical and minimum tool treat- parks, and other entities along Nevada High- CAPACITY.—The Lake Tahoe Basin Manage- ment; way 28 and California Highway 89; and ment Unit shall support the attainment of ‘‘(C) road decommissioning or reconstruc- ‘‘(C) to providing support and assistance to the environmental threshold carrying capac- tion; local public transit systems in the manage- ities. ‘‘(D) stream environment zone restoration ment and operations of activities under this ‘‘(g) COOPERATIVE AUTHORITIES.—During and other watershed and wildlife habitat en- subsection. the 4 fiscal years following the date of enact- hancements; ‘‘(2) NATIONAL FOREST TRANSIT PROGRAM.— ment of the Lake Tahoe Restoration Act of ‘‘(E) nonnative invasive species manage- Consistent with the support and assistance 2013, the Secretary, in conjunction with land ment; and provided under paragraph (1)(C), the Sec- adjustment projects or programs, may enter ‘‘(F) other activities consistent with For- retary, in consultation with the Secretary of into contracts and cooperative agreements est Service practices, as the Secretary deter- Transportation, may enter into a contract, with States, units of local government, and mines to be appropriate. cooperative agreement, interagency agree- other public and private entities to provide ‘‘(10) MAPS.—The term ‘Maps’ means the ment, or other agreement with the Depart- for fuel reduction, erosion control, reforest- maps— ment of Transportation to secure operating ation, Stream Environment Zone restora- ‘‘(A) entitled— and capital funds from the National Forest tion, and similar management activities on ‘‘(i) ‘LTRA USFS-CA Land Exchange/North Transit Program. Federal land and non-Federal land within Shore’; ‘‘(d) FOREST MANAGEMENT ACTIVITIES.— the projects or programs.’’.

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CONSULTATION. codes to implement the applicable portion of made available under section 17(a), $5,000,000 ‘‘In carrying out this Act, the Secretary, the 10-year plan described in clause (i). shall be made available to the Secretary to the Administrator, and the Directors shall, ‘‘(iii) Biomass projects, including feasi- carry out sections 12, 13, and 14. as appropriate and in a timely manner, con- bility assessments and transportation of ma- ‘‘(B) PLANNING AGENCY.—Of the amounts sult with the heads of the Washoe Tribe, ap- terials. described in subparagraph (A), not less than plicable Federal, State, regional, and local ‘‘(iv) Angora Fire Restoration projects 50 percent shall be made available to the governmental agencies, and the Lake Tahoe under the jurisdiction of the Secretary. Planning Agency to carry out the program Federal Advisory Committee.’’. ‘‘(v) Washoe Tribe projects on tribal lands oversight, coordination, and outreach activi- SEC. 6. AUTHORIZED PROJECTS. within the Lake Tahoe Basin. ties established under sections 12, 13, and 14. The Lake Tahoe Restoration Act (Public ‘‘(vi) Development of an updated Lake ‘‘(8) LAND CONVEYANCE.— Law 106–506; 114 Stat. 2351) is amended by Tahoe Basin multijurisdictional fuel reduc- ‘‘(A) IN GENERAL.—Of the amount made striking section 6 and inserting the fol- tion and wildfire prevention strategy, con- available under section 17(a), $2,000,000 shall lowing: sistent with section 4(d). be made available to the Secretary to carry ‘‘SEC. 6. AUTHORIZED PROJECTS. ‘‘(vii) Development of updated community out the activities under section 3(b)(2) of ‘‘(a) IN GENERAL.—The Secretary, the As- wildfire protection plans by local fire dis- Public Law 96–586 (94 Stat. 3384) (commonly sistant Secretary, the Directors, and the Ad- tricts. known as the ‘Santini-Burton Act’). ministrator, in coordination with the Plan- ‘‘(B) OTHER FUNDS.—Of the amounts avail- ning Agency and the States of California and ‘‘(viii) Municipal water infrastructure that significantly improves the firefighting capa- able to the Secretary under subparagraph Nevada, may carry out or provide financial (A), not less than 50 percent shall be pro- assistance to any project or program that— bility of local government within the Lake Tahoe Basin. vided to the California Tahoe Conservancy to ‘‘(1) is described in subsection (d); facilitate the conveyance of land described ‘‘(B) MINIMUM ALLOCATION.—Of the ‘‘(2) is included in the Priority List under in section 3(b)(2) of Public Law 96–586 (94 section 8; and amounts made available to the Secretary to carry out subparagraph (A), at least Stat. 3384) (commonly known as the ‘‘(3) furthers the purposes of the Environ- ‘Santini-Burton Act’).’’. mental Improvement Program if the project $80,000,000 shall be used by the Secretary for projects under subparagraph (A)(i). SEC. 7. ENVIRONMENTAL RESTORATION PRI- has been subject to environmental review ORITY LIST. ‘‘(C) PRIORITY.—Units of local government and approval, respectively, as required under The Lake Tahoe Restoration Act (Public that have dedicated funding for inspections Federal law, article 7 of the Compact, and Law 106–506; 114 Stat. 2351) is amended— and enforcement of defensible space regula- State law, as applicable. (1) by striking sections 8 and 9; tions shall be given priority for amounts pro- ‘‘(b) RESTRICTION.—The Administrator (2) by redesignating sections 10, 11, and 12 vided under this paragraph. shall use not more than 3 percent of the as sections 15, 16, and 17, respectively; and ‘‘(D) COST-SHARING REQUIREMENTS.— funds provided under subsection (a) for ad- (3) by inserting after section 7 the fol- ‘‘(i) IN GENERAL.—As a condition on the re- ministering the projects or programs de- lowing: scribed in paragraphs (1) and (2) of sub- ceipt of funds, communities or local fire districts that receive funds under this para- ‘‘SEC. 8. ENVIRONMENTAL RESTORATION PRI- section (d). ORITY LIST. graph shall provide a 25 percent match. ‘‘(c) MONITORING AND ASSESSMENT.—All ‘‘(a) DEADLINE.—Not later than February 15 projects authorized under subsection (d) ‘‘(ii) FORM OF NON-FEDERAL SHARE.— of the year after the date of enactment of shall— ‘‘(I) IN GENERAL.—The non-Federal share the Lake Tahoe Restoration Act of 2013, the ‘‘(1) include funds for monitoring and as- required under clause (i) may be in the form Chair, in consultation with the Secretary, sessment of the results and effectiveness at of cash contributions or in-kind contribu- the Administrator, the Directors, the Plan- the project and program level consistent tions, including providing labor, equipment, ning Agency, the States of California and with the program developed under section 11; supplies, space, and other operational needs. Nevada, the Federal Partnership, the Washoe and ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- Tribe, the Lake Tahoe Federal Advisory ‘‘(2) use the integrated multiagency per- ING.—There shall be credited toward the non- Committee, and the Tahoe Science Consor- formance measures established under section Federal share required under clause (i) any tium shall submit to Congress a prioritized 13. dedicated funding of the communities or list of all Environmental Improvement Pro- ‘‘(d) DESCRIPTION OF ACTIVITIES.— local fire districts for a fuels reduction man- gram projects for the Lake Tahoe Basin for ‘‘(1) STORMWATER MANAGEMENT, EROSION agement program, defensible space inspec- each program category described in section CONTROL, AND TOTAL MAXIMUM DAILY LOAD IM- tions, or dooryard chipping. 6(d). PLEMENTATION.—Of the amounts made avail- ‘‘(III) DOCUMENTATION.—Communities and ‘‘(b) CRITERIA.— able under section 17(a), $75,000,000 shall be local fire districts shall— ‘‘(1) IN GENERAL.—The priority of projects made available— ‘‘(aa) maintain a record of in-kind con- included in the Priority List shall be based ‘‘(A) to the Secretary or the Administrator tributions that describes— on the best available science and the fol- for the Federal share of stormwater manage- ‘‘(AA) the monetary value of the in-kind lowing criteria: ment and related projects and programs con- contributions; and ‘‘(A) The 5-year threshold carrying capac- sistent with the adopted Total Maximum ‘‘(BB) the manner in which the in-kind ity evaluation. Daily Load and near-shore water quality contributions assist in accomplishing project ‘‘(B) The ability to measure progress or goals; and goals and objectives; and success of the project. ‘‘(B) for grants by the Secretary and the ‘‘(bb) document in all requests for Federal ‘‘(C) The potential to significantly con- Administrator to carry out the projects and funding, and include in the total project tribute to the achievement and maintenance programs described in subparagraph (A). budget, evidence of the commitment to proof the environmental threshold carrying ca- ‘‘(2) STREAM ENVIRONMENT ZONE AND WATER- vide the non-Federal share through in-kind pacities identified in the Compact for— SHED RESTORATION.—Of the amounts made contributions. ‘‘(i) air quality; available under section 17(a), $38,000,000 shall ‘‘(4) INVASIVE SPECIES MANAGEMENT.—Of the ‘‘(ii) fisheries; be made available— amounts to be made available under section ‘‘(iii) noise; ‘‘(A) to the Secretary or the Assistant Sec- 17(a), $30,000,000 shall be made available to ‘‘(iv) recreation; retary for the Federal share of the Upper the Director of the United States Fish and ‘‘(v) scenic resources; Truckee River restoration projects and other Wildlife Service for the Aquatic Invasive ‘‘(vi) soil conservation; watershed restoration projects identified in Species Program and the watercraft inspec- ‘‘(vii) forest health; the priority list established under section 8; tions described in section 9. ‘‘(viii) water quality; and and ‘‘(5) SPECIAL STATUS SPECIES MANAGE- ‘‘(ix) wildlife. ‘‘(B) for grants by the Administrator to MENT.—Of the amounts to be made available ‘‘(D) The ability of a project to provide carry out the projects described in subpara- under section 17(a), $20,000,000 shall be made multiple benefits. graph (A). available to the Director of the United ‘‘(E) The ability of a project to leverage ‘‘(3) FIRE RISK REDUCTION AND FOREST MAN- States Fish and Wildlife Service for the non-Federal contributions. AGEMENT.— Lahontan Cutthroat Trout Recovery Pro- ‘‘(F) Stakeholder support for the project. ‘‘(A) IN GENERAL.—Of the amounts made gram. ‘‘(G) The justification of Federal interest. available under section 17(a), $135,000,000 ‘‘(6) LAKE TAHOE BASIN SCIENCE PROGRAM.— ‘‘(H) Agency priority. shall be made available to the Secretary to Of the amounts to be made available under ‘‘(I) Agency capacity. carry out, including by making grants, the section 17(a), $30,000,000 shall be made avail- ‘‘(J) Cost-effectiveness. following projects: able to the Chief of the Forest Service to de- ‘‘(K) Federal funding history. ‘‘(i) Projects identified as part of the Lake velop and implement, in coordination with ‘‘(2) SECONDARY FACTORS.—In addition to Tahoe Basin Multi-Jurisdictional Fuel Re- the Tahoe Science Consortium, the Lake the criteria under paragraph (1), the Chair

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shall, as the Chair determines to be appro- ‘‘(g) LIMITATION.—The strategies and cri- ‘‘(B) the evaluation of standards and priate, give preference to projects in the Pri- teria under subsections (a) and (b), respec- benchmarks; ority List that benefit existing neighbor- tively, may be modified if the Secretary of ‘‘(3) conducts applied research, pro- hoods in the Basin that are at or below re- the Interior, in a nondelegable capacity and grammatic technical assessments, scientific gional median income levels, based on the in consultation with the Planning Agency data management, analysis, and reporting most recent census data available. and State governments, issues a determina- related to key management questions; ‘‘(c) REVISIONS.— tion that alternative measures will be no ‘‘(4) develops new tools and information to ‘‘(1) IN GENERAL.—The Priority List sub- less effective at preventing introduction of support objective assessments of land use mitted under subsection (b) shall be re- aquatic invasive species into Lake Tahoe and resource conditions; vised— than the strategies and criteria. ‘‘(5) provides scientific and technical sup- ‘‘(A) every 2 years; or ‘‘(h) SUPPLEMENTAL AUTHORITY.—The au- port to the Federal Government and State ‘‘(B) on a finding of compelling need under thority under this section is supplemental to and local governments in— paragraph (2). all actions taken by non-Federal regulatory ‘‘(A) reducing stormwater runoff, air depo- ‘‘(2) FINDING OF COMPELLING NEED.— authorities. sition, and other pollutants that contribute ‘‘(A) IN GENERAL.—If the Secretary, the Ad- ‘‘(i) SAVINGS CLAUSE.—Nothing in this title to the loss of lake clarity; and ministrator, or the Director of the United shall be construed as restricting, affecting, ‘‘(B) the development and implementation States Fish and Wildlife Service makes a or amending any other law or the authority of an integrated stormwater monitoring and finding of compelling need justifying a pri- of any department, instrumentality, or agen- assessment program; ority shift and the finding is approved by the cy of the United States, or any State or po- ‘‘(6) establishes and maintains independent Secretary, the Executive Director of the litical subdivision thereof, respecting the peer review processes— Planning Agency, the California Natural Re- control of invasive species. ‘‘(A) to evaluate the Environmental Im- sources Secretary, and the Director of the ‘‘SEC. 10. CORPS OF ENGINEERS; INTERAGENCY provement Program; and Nevada Department of Conservation, the Pri- AGREEMENTS. ‘‘(B) to assess the technical adequacy and ority List shall be revised in accordance with ‘‘(a) IN GENERAL.—The Assistant Secretary scientific consistency of central environ- this subsection. may enter into interagency agreements with mental documents, such as the 5-year ‘‘(B) INCLUSIONS.—A finding of compelling non-Federal interests in the Lake Tahoe threshold review; and need includes— Basin to use Lake Tahoe Partnership-Mis- ‘‘(7) provides scientific and technical sup- ‘‘(i) major scientific findings; cellaneous General Investigations funds to port for the development of appropriate man- ‘‘(ii) results from the threshold evaluation provide programmatic technical assistance agement strategies to accommodate chang- of the Planning Agency; for the Environmental Improvement Pro- ing water temperature and precipitation in ‘‘(iii) emerging environmental threats; and gram. the Lake Tahoe Basin. ‘‘(iv) rare opportunities for land acquisi- ‘‘(b) LOCAL COOPERATION AGREEMENTS.— ‘‘SEC. 12. PUBLIC OUTREACH AND EDUCATION. tion. ‘‘(1) IN GENERAL.—Before providing tech- ‘‘(a) IN GENERAL.—The Secretary, the Ad- ‘‘(d) FUNDING.—Of the amount made avail- nical assistance under this section, the As- ministrator, and the Directors will coordi- able under section 17(a), $80,000,000 shall be sistant Secretary shall enter into a local co- nate with the Planning Agency to conduct made available to the Secretary to carry out operation agreement with a non-Federal in- public education and outreach programs, in- this section. terest to provide for the technical assist- cluding encouraging— ‘‘SEC. 9. AQUATIC INVASIVE SPECIES PREVEN- ance. ‘‘(1) owners of land and residences in the TION. ‘‘(2) COMPONENTS.—The agreement entered Lake Tahoe Basin— ‘‘(a) IN GENERAL.—The Director of the into under paragraph (1) shall— ‘‘(A) to implement defensible space; and United States Fish and Wildlife Service, in ‘‘(A) describe the nature of the technical ‘‘(B) to conduct best management practices coordination with the Planning Agency, the assistance; for water quality; and California Department of Fish and Game, ‘‘(B) describe any legal and institutional ‘‘(2) owners of land and residences in the and the Nevada Department of Wildlife, shall structures necessary to ensure the effective Lake Tahoe Basin and visitors to the Lake deploy strategies consistent with the Lake long-term viability of the end products by Tahoe Basin, to help prevent the introduc- Tahoe Aquatic Invasive Species Management the non-Federal interest; and tion and proliferation of invasive species as Plan to prevent the introduction of aquatic ‘‘(C) include cost-sharing provisions in ac- part of the private share investment in the invasive species into the Lake Tahoe Basin. cordance with paragraph (3). Environmental Improvement Program. ‘‘(b) CRITERIA.—The strategies referred to ‘‘(3) FEDERAL SHARE.— ‘‘(b) SCIENTIFIC AND TECHNICAL GUIDANCE.— in subsection (a) shall provide that— ‘‘(A) IN GENERAL.—The Federal share of The Director of the United States Geological ‘‘(1) combined inspection and decontamina- project costs under each local cooperation Survey shall provide scientific and technical tion stations be established and operated at agreement under this subsection shall be 65 guidance to public outreach and education not less than 2 locations in the Lake Tahoe percent. programs conducted under this section. Basin; and ‘‘(B) FORM.—The Federal share may be in ‘‘(c) REQUIRED COORDINATION.—Public out- ‘‘(2) watercraft not be allowed to launch in the form of reimbursements of project costs. reach and education programs for aquatic waters of the Lake Tahoe Basin if the ‘‘(C) CREDIT.—The non-Federal interest invasive species under this section shall— watercraft has not been inspected in accord- may receive credit toward the non-Federal ‘‘(1) be coordinated with Lake Tahoe Basin ance with the Lake Tahoe Aquatic Invasive share for the reasonable costs of related tourism and business organizations; and Species Management Plan. technical activities completed by the non- ‘‘(2) include provisions for the programs to ‘‘(c) CERTIFICATION.—The Planning Agency Federal interest before entering into a local extend outside of the Lake Tahoe Basin. may certify State and local agencies to per- cooperation agreement with the Assistant form the decontamination activities de- ‘‘SEC. 13. REPORTING REQUIREMENTS. Secretary under this subsection. scribed in subsection (b)(3) at locations out- ‘‘Not later than February 15 of each year, side the Lake Tahoe Basin if standards at ‘‘SEC. 11. LAKE TAHOE BASIN SCIENCE PROGRAM. the Secretary, in cooperation with the Chair, the sites meet or exceed standards for simi- ‘‘The Secretary (acting through the Sta- the Administrator, the Directors, the Plan- lar sites in the Lake Tahoe Basin established tion Director of the Forest Service, Pacific ning Agency, and the States of California under this section. Southwest Research Station), the Adminis- and Nevada, consistent with section 6(d)(6), ‘‘(d) APPLICABILITY.—The strategies and trator, the Planning Agency, the States of shall submit to Congress a report that de- criteria developed under this section shall California and Nevada, and the Tahoe scribes— apply to all watercraft to be launched on Science Consortium, shall develop and im- ‘‘(1) the status of all Federal, State, local, water within the Lake Tahoe Basin. plement the Lake Tahoe Basin Science Pro- and private projects authorized under this ‘‘(e) FEES.—The Director of the United gram that— Act, including to the maximum extent prac- States Fish and Wildlife Service may collect ‘‘(1) develops and regularly updates an in- ticable, for projects that will receive Federal and spend fees for decontamination only at a tegrated multiagency programmatic assess- funds under this Act during the current or level sufficient to cover the costs of oper- ment and monitoring plan— subsequent fiscal year— ation of inspection and decontamination sta- ‘‘(A) to evaluate the effectiveness of the ‘‘(A) the project scope; tions under this section. Environmental Improvement Program; ‘‘(B) the budget for the project; and ‘‘(f) CIVIL PENALTIES.— ‘‘(B) to evaluate the status and trends of ‘‘(C) the justification for the project, con- ‘‘(1) IN GENERAL.—Any person that indicators related to environmental thresh- sistent with the criteria established in sec- launches, attempts to launch, or facilitates old carrying capacities; and tion 8(b)(1); launching of watercraft not in compliance ‘‘(C) to assess the impacts and risks of ‘‘(2) Federal, State, local, and private ex- with strategies deployed under this section changing water temperature, precipitation, penditures in the preceding fiscal year to im- shall be liable for a civil penalty in an and invasive species; plement the Environmental Improvement amount not to exceed $1,000 per violation. ‘‘(2) produces and synthesizes scientific in- Program and projects otherwise authorized ‘‘(2) OTHER AUTHORITIES.—Any penalties as- formation necessary for— under this Act; sessed under this subsection shall be sepa- ‘‘(A) the identification and refinement of ‘‘(3) accomplishments in the preceding fis- rate from penalties assessed under any other environmental indicators for the Lake Tahoe cal year in implementing this Act in accord- authority. Basin; and ance with the performance measures and

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.074 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6229 other monitoring and assessment activities; SEC. 10. ADMINISTRATION OF ACQUIRED LAND. (1) by redesignating paragraph (4) as para- and (a) IN GENERAL.—Section 3(b) of Public graph (5), and ‘‘(4) public education and outreach efforts Law 96–586 (94 Stat. 3384) (commonly known (2) by inserting after paragraph (3) the fol- undertaken to implement programs and as the ‘‘Santini-Burton Act’’) is amended— lowing new paragraph: projects authorized under this Act. (1) by striking ‘‘(b) Lands’’ and inserting ‘‘(4) EXEMPTION FOR AGING PROCESS OF DIS- the following: ‘‘SEC. 14. ANNUAL BUDGET PLAN. TILLED SPIRITS.—For purposes of this sub- ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— section, the production period shall not in- ‘‘As part of the annual budget of the Presi- ‘‘(1) IN GENERAL.—Land’’; and clude the aging period for distilled spirits (as dent, the President shall submit information (2) by adding at the end the following: described in section 5002(a)(8)).’’. regarding each Federal agency involved in ‘‘(2) CONVEYANCE.— (b) EFFECTIVE DATE.—The amendments the Environmental Improvement Program ‘‘(A) IN GENERAL.—If the State of Cali- made by this section shall apply to the pro- (including the Forest Service, the Environ- fornia (acting through the California Tahoe duction of distilled spirits that begins on or mental Protection Agency, the United Conservancy and the California Department after the date of the enactment of this Act. States Fish and Wildlife Service), the United of Parks and Recreation) offers to donate to States Geological Survey, and the Corps of the United States acceptable title to the By Mr. LEVIN (for himself, Mr. Engineers), including— non-Federal land described in subparagraph GRASSLEY, Mrs. FEINSTEIN, and ‘‘(1) an interagency crosscut budget that (B)(i), the Secretary— displays the proposed budget for use by each Mr. HARKIN): ‘‘(i) may accept the offer; and S. 1465. A bill to ensure that persons Federal agency in carrying out restoration ‘‘(ii) not later than 180 days after the date activities relating to the Environmental Im- on which the Secretary receives acceptable who form corporations in the United provement Program for the following fiscal title to the non-Federal land described in States disclose the beneficial owners of year; subparagraph (B)(i), convey to the State of those corporations, in order to prevent ‘‘(2) a detailed accounting of all amounts California, subject to valid existing rights the formation of corporations with hid- received and obligated by Federal agencies and for no consideration, all right, title, and den owners, stop the misuse of United to achieve the goals of the Environmental interest of the United States in and to the States corporations by wrongdoers, and Improvement Program during the preceding Federal land that is acceptable to the State assist law enforcement in detecting, fiscal year; and of California. preventing, and punishing terrorism, ‘‘(3) a description of the Federal role in the ‘‘(B) DESCRIPTION OF LAND.— Environmental Improvement Program, in- ‘‘(i) NON-FEDERAL LAND.—The non-Federal money laundering, tax evasion, and cluding the specific role of each agency inland referred to in subparagraph (A) in- other criminal and civil misconduct involved in the restoration of the Lake Tahoe cludes— volving United States corporations, Basin.’’. ‘‘(I) the approximately 1,981 acres of land and for other purposes; to the Com- SEC. 8. RELATIONSHIP TO OTHER LAWS. administered by the Conservancy and identi- mittee on the Judiciary. fied on the Maps as ‘Conservancy to the Section 16 of The Lake Tahoe Restoration Mr. LEVIN. Mr. President, today, United States Forest Service’; and along with my colleagues, Senator Act (Public Law 106–506; 114 Stat. 2358) (as re- ‘‘(II) the approximately 187 acres of land GRASSLEY, Senator FEINSTEIN, and Sen- designated by section 7(2)) is amended by in- administered by California State Parks and serting ‘‘, Director, or Administrator’’ after identified on the Maps as ‘State Parks to the ator HARKIN, I am reintroducing the In- ‘‘Secretary’’. U.S. Forest Service’. corporation Transparency and Law En- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ‘‘(ii) FEDERAL LAND.—The Federal land re- forcement Assistance Act, a bill de- The Lake Tahoe Restoration Act (Public ferred to in subparagraph (A) includes the signed to combat terrorism, money Law 106–506; 114 Stat. 2351) is amended by approximately 1,995 acres of Forest Service laundering, tax evasion, and other striking section 17 (as redesignated by sec- land identified on the Maps as ‘U.S. Forest wrongdoing facilitated by U.S. corporation 7(2)) and inserting the following: Service to Conservancy and State Parks’. tions with hidden owners. This com- ‘‘(C) CONDITIONS.—Any land conveyed ‘‘SEC. 17. AUTHORIZATION OF APPROPRIATIONS. monsense bill would end the practice of under this paragraph shall— ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) be for the purpose of consolidating our States forming about 2 million new There is authorized to be appropriated to Federal and State ownerships and improving corporations each year for unidentified carry out this Act $415,000,000 for a period of management efficiencies; persons, and instead require a list of 10 fiscal years beginning the first fiscal year ‘‘(ii) not result in any significant changes the real owners to be submitted so after the date of enactment of the Lake in the uses of the land; and that, if misconduct later occurred, law Tahoe Restoration Act of 2013. ‘‘(iii) be subject to the condition that the enforcement could access the owners ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts applicable deed include such terms , restric- list and have a trail to chase, instead authorized under this section and any tions, covenants, conditions, and reserva- amendments made by this Act— tions as the Secretary determines necessary of confronting what has all too often ‘‘(1) shall be in addition to any other to— been a dead end. amounts made available to the Secretary, ‘‘(I) ensure compliance with this Act; and Our bill is supported by key law en- the Administrator, or the Directors for ex- ‘‘(II) ensure that the development rights forcement organizations, including the penditure in the Lake Tahoe Basin; and associated with the conveyed parcels shall Federal Law Enforcement Officers As- ‘‘(2) shall not reduce allocations for other not be recognized or available for transfer sociation, the Fraternal Order of Po- Regions of the Forest Service, Environ- under section 90.2 of the Code of Ordinances lice, the National Association of As- mental Protection Agency, or the United for the Tahoe Regional Planning Agency.’’. sistant United States Attorneys, and States Fish and Wildlife Service. the Society of Former Special Agents ‘‘(c) COST-SHARING REQUIREMENT.—Except By Mr. MCCONNELL (for himself of the Federal Bureau of Investigation, as provided in subsection (d) and section and Mr. PAUL): 6(d)(3)(D), the States of California and Ne- S. 1457. A bill to exempt the aging as well as by Manhattan District At- vada shall pay 50 percent of the aggregate process of distilled spirits from the pro- torney Cyrus Vance. It is also endorsed costs of restoration activities in the Lake duction period for purposes of capital- by a number of small business, public Tahoe Basin funded under section 6. ization of interest costs; to the Com- interest, and good government groups, ‘‘(d) RELOCATION COSTS.—Notwithstanding mittee on Finance. including the Main Street Alliance, subsection (c), the Secretary shall provide to Mr. MCCONNELL. Mr. President, I American Sustainable Business Coun- local utility districts two-thirds of the costs cil, National Money Transmitters As- of relocating facilities in connection with— ask unanimous consent that the text of ‘‘(1) environmental restoration projects the bill be printed in the RECORD. sociation, AFL–CIO, SEIU, Global Fi- under sections 6 and 8; and There being no objection, the text of nancial Integrity, Global Witness, U.S. ‘‘(2) erosion control projects under section the bill was ordered to be printed in Public Interest Research Group, Trans- 2 of Public Law 96–586 (94 Stat. 3381). the RECORD, as follows: parency International, Public Citizen, ‘‘(e) SIGNAGE.—To the maximum extent S. 1457 Project on Government Oversight, Ju- practicable, a project provided assistance Be it enacted by the Senate and House of Rep- bilee USA Network, Tax Justice Net- under this Act shall include appropriate resentatives of the United States of America in work USA, Human Rights Watch, signage at the project site that— Congress assembled, Friends of the Earth, Open Society Pol- ‘‘(1) provides information to the public SECTION 1. SHORT TITLE. icy Center, Revenue Watch Institute, on— This Act may be cited as the ‘‘Aged Dis- ‘‘(A) the amount of Federal funds being the FACT Coalition, and more. . tilled Spirits Competitiveness Act’’. This is the fourth Congress in which provided to the project; and SEC. 2. PRODUCTION PERIOD OF DISTILLED ‘‘(B) this Act; and SPIRITS. this bill has been introduced to provide ‘‘(2) displays the visual identity mark of (a) IN GENERAL.—Section 263A(f) of the In- a solution to a problem that has gained the Environmental Improvement Program.’’. ternal Revenue Code of 1986 is amended— only more urgency with time. In 2008,

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.074 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6230 CONGRESSIONAL RECORD — SENATE August 1, 2013 when the bill was first introduced, tradition to face justice here in Amer- Greaves, a Michigan businessman, President Obama was a member of the ica, Attorney General Eric Holder stat- worked with Terry Neal, an offshore U.S. Senate and an original cosponsor. ed: ‘‘Long considered one of the world’s promoter, to form shell corporations in In 2013, President Obama stood with most prolific arms traffickers, Mr. Nevada, Canada, and offshore secrecy other international leaders at a G8 Bout will now appear in federal court jurisdictions, to hide more than summit in June to condemn corpora- in Manhattan to answer to charges of $400,000 in untaxed business income. tions with hidden owners who commit conspiring to sell millions of dollars Both Mr. Greaves and Mr. Neal later crimes, tax evasion, and other wrong- worth of weapons to a terrorist organi- pled guilty to federal tax evasion. The doing. The G8 leaders made a joint zation for use in trying to kill Ameri- Subcommittee also showed how two commitment to combat that problem. cans.’’ It is unacceptable that Mr. Bout brothers from Texas, Sam and Charles President Obama immediately re- was able to set up corporations in three Wyly, created a network of 58 trusts sponded with a U.S. action plan that, of our States and use them in illicit ac- and shell corporations to dodge the among other measures, calls for enact- tivities without ever being asked for payment of U.S. taxes, including using ing legislation to end the shameful the names of the corporate owners. a set of Nevada corporations to move practice in this country of forming In another case, a New York com- offshore over $190 million in stock op- U.S. corporations with unnamed own- pany called the Assa Corporation tions without paying taxes on that ers and unleashing them on, not only owned a Manhattan skyscraper and, in compensation. our own communities, but the inter- 2007, wire transferred about $4.5 million Still another area of abuse involves national community as well. in rental payments to a bank in Iran. corrupt foreign officials using U.S. cor- A World Bank study found that the U.S. law enforcement tracking the porations to hide and spend their illicit United States forms more corporations funds had no idea who was behind that funds. One example involves Teodoro per year than all the rest of the coun- corporation, until another government Obiang, who is the son of the President tries in the world put together. Under disclosed that it was owned by the of Equatorial Guinea, holds office in current law, those U.S. corporations Alavi Foundation which had known that country, and has purchased luxury can be established anonymously, by ties to the Iranian military. In other homes, cars, and even a personal jet hidden owners who don’t reveal their words, a New York corporation was here in the United States. A Sub- identity. According to another recent being used to ship millions of U.S. dol- committee investigation disclosed study by Griffith University examining lars to Iran, a notorious supporter of that, as part of his actions, Mr. Obiang multiple jurisdictions, it is easier to terrorism. used U.S. lawyers to form several Cali- obtain an anonymous shell company in U.S. corporations with hidden owners fornia shell corporations with names the United States than almost any- have also been involved in financial like Beautiful Vision, Unlimited Hori- where else in the world. That study crimes. In 2011, a former Russian mili- zon, and Sweet Pink to open bank ac- also found that ‘‘only a tiny portion of tary officer, Victor Kaganov, pled counts in the names of those corpora- U.S. providers of any kind met the guilty to operating an illegal money tions, move millions of dollars in sus- international standard of requiring no- transmitter business from his home in pect funds into the United States, and tarized identity documents.’’ Oregon, and using Oregon shell cor- use those funds to support an affluent Right now, in the United States, it porations to wire more than $150 mil- lifestyle. The Department of Justice takes more information to get a driv- lion around the world on behalf of Rus- has since filed suit to seize his U.S. er’s license or to open a U.S. bank ac- sian clients. U.S. Attorney Dwight Hol- property, alleging that Mr. Obiang account than to form a U.S. corporation. ton of the District of Oregon used stark quired it through corruption and Our bill would change that by requir- language when describing the case: money laundering. ing any State that accepts crime-fight- ‘‘When shell corporations are illegally One last example involves 800 U.S. ing grants from the Department of Jus- manipulated in the shadows to hide the corporations whose hidden owners have tice to add one new question to their flow of tens of millions of dollars over- stumped U.S. law enforcement trying existing incorporation forms asking ap- seas, it threatens the integrity of our to investigate their suspect conduct. In plicants to identify the company’s true financial system.’’ October 2004, the Homeland Security owners. Another financial fraud case involves Department’s division of Immigration That is it. One new question on an Florida attorney Scott Rothstein who, and Customs Enforcement or ICE iden- existing form. It is not a complicated in 2010, pled guilty to fraud and money tified a single Utah corporation that question, yet the answer could play a laundering in connection with a $1.2 had engaged in $150 million in sus- key role in helping law enforcement do billion Ponzi investment scheme, in picious transactions. ICE found that their jobs. Our bill would not require which he used 85 U.S. limited liability the corporation had been formed in States to verify the information, but companies to conceal his participation Utah and was owned by two Panama- penalties would apply to persons who and ownership stake in various busi- nian entities which, in turn, were submit false information. States, or li- ness ventures. In still another case ear- owned by a group of Panamanian hold- censed formation agents if a State has lier this year, the Securities and Ex- ing corporations, all located at the delegated the task to them, would sup- change Commission suspended trading same Panama City office. By 2005, ICE ply the ownership information to law in 61 shell corporations suspected of had located 800 U.S. corporations in enforcement upon receipt of a subpoena being misused to defraud investors. nearly all 50 states associated with the or summons. Shell corporations are also notorious same shadowy group in Panama, but The Problem. We have all seen the for their role in health care fraud. One was unable to obtain the name of a sin- news reports about U.S. corporations example involves an individual named gle natural person who owned any one involved in wrongdoing—from facili- Michel Huarte who formed 29 shell of the corporations. ICE had learned tating terrorism to money laundering, companies in several states including that the 800 corporations were associ- financial fraud, tax evasion, corrup- Florida, Louisiana, and North Caro- ated with multiple U.S. investigations tion, and more. Let me give you a few lina, used them to make fraudulent into tax fraud and other wrongdoing, examples that indicate the scope of the health care claims, and bilked Medi- but no one had been able to find the problem. care out of more than $50 million. In corporate owners. The trail went cold, We now know that some terrorists 2010, he was sentenced to 22 years in and ICE closed the case. Yet it may be use U.S. corporations to carry out prison. He is one in a long line of that many of those U.S. corporations their activities. Viktor Bout, an arms fraudsters who have hidden behind U.S. are still enaged in wrongdoing. dealer who was found guilty in Novem- corporations to defraud Medicare and These examples of U.S. corporations ber 2011 of conspiring to kill U.S. na- Medicaid. with hidden owners facilitating ter- tionals and selling weapons to a ter- Tax evasion is another type of mis- rorism, financial crime, health care rorist organization, used corporations conduct which all too often involves fraud, tax evasion, corruption, and around the world in his work, including the use of U.S. corporations with hid- other misconduct provide ample evi- a dozen formed in Texas, Delaware, and den owners. One Subcommittee inves- dence of the need for legislation to find Florida. At the time of Mr. Bout’s ex- tigation showed, for example, how Kurt out who is behind the mayhem. That’s

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.050 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6231 why law enforcement officials are without having to identify who actu- As I mentioned earlier, countries among the bill’s strongest supporters. ally controls and profits from the ac- around the world have begun to take The Federal Law Enforcement Offi- tivity. In a simple stroke, the proposed action to tackle the problem. Just last cers Association or FLEOA, which rep- bill would eliminate this needless bar- month, during the G8 summit in North- resents more than 26,000 Federal law rier to the detection and prosecution of ern Ireland, leaders announced their enforcement officers, has explained its financial crimes.’’ commitment to ending the practice of strong support for the bill as follows: Some members of the U.S. financial establishing anonymous shell compa- Suspected terrorists, drug trafficking orga- industry with obligations under U.S. nies and declared: ‘‘Companies should nizations and other criminal enterprises con- anti-money laundering laws to know know who really owns them and tax tinue to exploit the anonymity afforded to their customers, including when doing collectors and law enforcers should be them through the current corporate filing business with a shell corporation, sup- able to obtain this information easily.’’ process in a few states. Hiding behind a reg- port the legislation because it will help To implement that principle, the G8 istered agent, these criminals are able to in- them know who is behind U.S. corpora- leaders pledged to publish national Ac- corporate without disclosing who the bene- tions seeking to open accounts with ficial owners are for their company(s). This tion Plans outlining the concrete steps them. The National Money Transmit- each country will take to ensure that enables them to establish corporate flow- ters Association, NMTA, for example, through entities, otherwise known as shell law enforcement and tax authorities which represents state-licensed money companies,’ to facilitate money laundering have ready access to information on transmitters, has written in support of and narcoterrorist financing. who owns and controls the companies the bill, explaining: ‘‘The NMTA urges Even through the due process of proper formed under their laws. service of a court order, law enforcement of- you to give us the KYC, know-your- ficers are unable to determine who the bene- customer, tools we need to do our job In announcing the U.S. Action Plan, ficial owners are of these entities. This has efficiently and make sure that our na- the White House expressed its commit- to stop. While we fully recognize and respect tion’s standards are brought up to a ment to ensuring that law enforcement the privacy concerns of law abiding citizens, level equal to that of other advanced and tax authorities have access to own- we need to install a baseline of checks and countries.’’ ership information for companies balances to deter the criminal exploitation We need legislation not only to stop formed within U.S. borders. The Plan of our corporate filing process. the abuses being committed by U.S. explicitly calls for enactment of legis- The Fraternal Order of Police, which corporations with hidden owners, but lation that meets certain principles, has 330,000 members across the coun- also to meet our international commit- all of which are met by the bill intro- try, offers a similar explanation for its ments. In 2006, the leading inter- duced today. Those principles are the support of the bill: national anti-money laundering body following: For years corporations have been used as in the world, the Financial Action ‘‘Requirements for covered legal en- front organizations by criminals conducting Task Force on Money Laundering— tities to disclose beneficial ownership illegal activity such as money laundering, known as FATF—issued a report criti- to states or regulated corporate forma- fraud, and tax evasion. . . . This bill is crit- cizing the United States for its failure ical to our work because, all too often, inves- tion agents at the time of company for- to comply with a FATF standard re- tigations are stymied when we encounter a mation. company with hidden ownership. . . . [T]he quiring countries to obtain beneficial sharing of beneficial ownership information ownership information for the corpora- ‘‘Requirements for verification of the with law enforcement will greatly assist our tions formed under their laws. This identity of the beneficial owner. investigations. When we are able to expose standard is one of 40 FATF standards ‘‘Options for covering legal entities the link between shell companies and drug that this country has publicly com- depending on whether the applicant trafficking, corruption, organized crime and mitted itself to implementing as part terrorist finance, the law enforcement com- forms the legal entity directly or uses of its efforts to promote strong anti- a regulated company formation agent. munity is better able to keep America safe money laundering laws around the from these illegal activities and keep the world. ‘‘Requirements for law enforcement proceeds of these crimes out of the U.S. fi- authorities, including tax authorities, nancial system. FATF gave the United States two years, until 2008, to make progress to- to be able to access beneficial owner- The National Association of Assist- ward complying with the FATF stand- ship information upon appropriate re- ant United States Attorneys, which ard on beneficial ownership informa- quest through a central registry at the represents more than 1,500 federal pros- tion. But that deadline passed five state level. ecutors, has urged Congress to take years ago, with no real progress. En- ‘‘An extension of anti-money laun- legislative action to strengthen inad- acting the bill we are introducing equate state incorporation practices: dering obligations to company forma- today would help bring the United tion agents, including an obligation to ‘‘[M]indful of the ease with which States into compliance with the FATF criminals establish ‘front organiza- identify and verify beneficial owner- standard by requiring the States to ob- ship information. tions’ to assist in money laundering, tain beneficial ownership information terrorist financing, tax evasion and for the corporations formed under their ‘‘A mandate that entities provide up- other misconduct, it is shocking and laws. It would help ensure that the dated information when changes of unacceptable that many State laws United States meets its international beneficial ownership occur within 60 permit the creation of corporations anti-money laundering commitments. days; and without asking for the identity of the Combating the misuse of corpora- ‘‘The imposition of civil and criminal corporation’s beneficial owners. The tions with hidden owners has increas- penalties for knowingly providing false legislation will guard against that and ingly become a global priority. In a let- information.’’ no longer permit criminals to exploit ter to President Obama earlier this The White House and the inter- the lack of transparency in the reg- year, prominent prosecutors and cor- national community have made the istration of corporations.’’ ruption hunters from across the globe collection of beneficial ownership in- Manhattan District Attorney Cyrus urged the United States to collect com- formation for corporations a global pri- Vance Jr. has publicly urged Congress pany beneficial ownership information ority this year. It is time for Congress to enact this bill. He wrote: ‘‘I have to fight wrongdoing. According to the to step up to the plate and take the spoken with many colleagues in the letter: ‘‘Grand corruption would not be law enforcement community, and every possible without the help of the global necessary action. one of us supports the bill as a simple financing system—in particular, banks The bill introduced today is the prod- and common sense movement to help that accept corrupt assets and secrecy uct of years of work by the Senate Per- prevent white collar crime. . . . Be- rules that allow money launderers to manent Subcommittee on Investiga- cause there is no national standard re- disguise their activity. . . . We believe tions, which I chair. Over twelve years quiring disclosure of beneficial owner- that part of the solution is for govern- ago, in 2000, the Government Account- ship, criminals can set up U.S. corpora- ments to require existing company reg- ability Office, at my request, con- tions anonymously and use them as isters to collect information on the ul- ducted an investigation and released a fronts for all kinds of illicit activity timate owners of companies.’’ report entitled, ‘‘Suspicious Banking

VerDate Mar 15 2010 07:53 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.050 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6232 CONGRESSIONAL RECORD — SENATE August 1, 2013 Activities: Possible Money Laundering porations with hidden owners as num- tions to be formed in the United States by U.S. Corporations Formed for Rus- ber four on the list. It wrote: without asking for the identity of the sian Entities.’’ That report revealed 4. Disguised Corporate Ownership: Domes- beneficial owners. Those websites ex- that one person was able to set up tic shell corporations and other entities are plicitly pointed to anonymous owner- more than 2,000 Delaware shell corpora- being formed and operated in certain states ship as a reason to incorporate within tions and, without disclosing the iden- for the purpose of disguising the ownership the United States, and often listed cer- tity of any of the beneficial owners, of the business or financial activity. Once tain States alongside notorious off- open U.S. bank accounts for those cor- formed, these anonymous entities can be, shore jurisdictions as preferred loca- and are being, used to facilitate under- porations, which then collectively reporting of income, non-filing of tax re- tions in which to form new corpora- moved about $1.4 billion through the turns, listed transactions, money laundering, tions, essentially providing an open in- accounts. It is one of the earliest gov- financial crimes and possibly terrorist fi- vitation for wrongdoers to form enti- ernment reports to give some sense of nancing. The IRS is working with state au- ties within the United States. the law enforcement problems caused thorities to identify these entities and to One website, for example, set up by by U.S. corporations with hidden own- bring their owners into compliance. an international incorporation firm, ers. The alarm it sounded years ago is In 2008, we first introduced our bipar- advocated setting up corporations in still ringing. tisan legislation to stop the formation Delaware by saying: ‘‘DELAWARE—An In April 2006, in response to a second of U.S. corporations with hidden own- Offshore Tax Haven for Non US Resi- Subcommittee request, GAO released a ers. It was a Levin-Coleman-Obama dents.’’ It cited as one of Delaware’s report entitled, ‘‘Corporation Forma- bill, S. 2956, back then. When asked advantages that: ‘‘Owners’ names are tions: Minimal Ownership Information about the bill in 2008, then DHS Sec- not disclosed to the state.’’ Another Is Collected and Available,’’ which re- retary Michael Chertoff wrote: ‘‘In website, from a U.K. firm called viewed the corporate formation laws in countless investigations, where the ‘‘formacorporation-offshore.com,’’ list- all 50 States. GAO disclosed that the criminal targets utilize shell corpora- ed the advantages to incorporating in vast majority of the States do not col- tions, the lack of law enforcement’s Nevada. Those advantages included: lect any information at all on the bene- ability to gain access to true beneficial ‘‘Stockholders are not on Public ficial owners of the corporations and ownership information slows, confuses Record allowing complete anonymity.’’ limited liability companies, or LLCs, or impedes the efforts by investigators During the 2009 hearings, I presented formed under their laws. The report to follow criminal proceeds.’’ evidence of how one Wyoming outfit also found that several States had es- In 2009, the Senate Homeland Secu- was selling so-called shelf corpora- tablished automated procedures that rity and Governmental Affairs Com- tions—corporations formed and then allow a person to form a new corpora- mittee held two hearings which exam- left ‘‘on the shelf’’ for later sale to pur- tion or LLC in the State within 24 ined not only the problem, but also chasers who could then pretend the hours of filing an online application possible solutions, including our re- corporations had been in operation for without any prior review of that appli- vised bill, S. 569. At the first hearing years. A June 2011 Reuters news article cation by State personnel. In exchange entitled, ‘‘Examining State Business wrote a detailed expose of how that for a substantial fee, at least two Incorporation Practices: A Discussion same outfit, Wyoming Corporate Serv- States will form a corporation or LLC of the Incorporation Transparency and ices, had formed thousands of U.S. cor- within one hour of a request. After ex- Law Enforcement Assistance Act,’’ porations all across the country, all amining these State incorporation held in June 2009, DHS testified that with hidden owners. The article quoted practices, the GAO report described the ‘‘shell corporations established in the the website as follows: ‘‘A corporation problems that the lack of beneficial United States have been utilized to is a legal person created by state stat- ownership information caused for a commit crimes against individuals ute that can be used as a fall guy, a range of law enforcement investiga- around the world.’’ The Manhattan servant, a good friend or a decoy. A tions. District Attorney’s office testified: person you control . . . yet cannot be In November 2006, our Subcommittee ‘‘For those of us in law enforcement, held accountable for its actions. Imag- held a hearing on the problem. At that these issues with shell corporations are ine the possibilities!’’ hearing, representatives of the U.S. De- not some abstract idea. This is what we The article described a small house partment of Justice, the Internal Rev- do and deal with every day. We see in Cheyenne, Wyoming, which Wyo- enue Service, and the Department of these shell corporations being used by ming Corporate Services used to pro- Treasury’s Financial Crimes Enforce- criminal organizations, and the record vide a U.S. address for more than 2,000 ment Network or FinCEN testified that is replete with examples of their use corporations that it had helped to the failure of States to collect ade- for money laundering, for their use in form. The article described ‘‘the walls quate information on the beneficial tax evasion, and for their use in securi- of the main room’’ as ‘‘covered floor to owners of the legal entities they form ties fraud.’’ ceiling with numbered mailboxes la- had impeded federal efforts to inves- At the second hearing, ‘‘Business beled as corporate suites.’’ The article tigate and prosecute criminal acts such Formation and Financial Crime: Find- reported that among the corporations as terrorism, money laundering, securi- ing a Legislative Solution,’’ held in No- using the address was a shell corpora- ties fraud, and tax evasion. At the vember 2009, the Justice Department tion controlled by a former Ukranian hearing, the Justice Department testi- again testified about criminals using prime minister who had been convicted fied: ‘‘We had allegations of corrupt U.S. shell corporations. It noted that of money laundering and extortion; a foreign officials using these [U.S.] shell ‘‘each of these examples involves the corporation indicted for helping online- accounts to launder money, but were relatively rare instance in which law poker operators evade a U.S. ban on unable—due to lack of identifying in- enforcement was able to identify the Internet gambling; and two corpora- formation in the corporate records—to perpetrator misusing U.S. shell cor- tions barred from U.S. federal con- fully investigate this area.’’ The IRS porations. Far too often, we are unable tracting for selling counterfeit truck testified: ‘‘Within our own borders, the to do so.’’ The Treasury Department parts to the Pentagon. The article ob- laws of some states regarding the for- testified that ‘‘the ability of illicit ac- served that Wyoming Corporate Serv- mation of legal entities have signifi- tors to form corporations in the United ices continued to sell shelf corpora- cant transparency gaps which may States without disclosing their true tions that existed solely on paper but even rival the secrecy afforded in the identity presents a serious vulnerabil- could show a history of regulatory and most attractive tax havens.’’ As part of ity and there is ample evidence that tax filings, despite having had no real its testimony, FinCEN described iden- criminal organizations and others who U.S. operations. That’s the type of de- tifying 768 incidents of suspicious threaten our national security exploit ceptive conduct going on right now, international wire transfer activity in- this vulnerability.’’ here in our own backyard, with respect volving U.S. shell corporations. The 2009 hearings also presented evi- to U.S. corporations with hidden own- The next year, in 2007, in a ‘‘Dirty dence of dozens of Internet websites ad- ers. Dozen’’ list of tax scams active that vertising corporate formation services Despite the evidence of U.S. corpora- year, the IRS highlighted shell cor- that highlighted the ability of corporations being misused by organized

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.050 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6233 crime, terrorists, tax evaders, and for example, testified: ‘‘I say without right thing and ask for the identity of other wrongdoers, and despite years of hesitation or reservation—that from a the persons behind the corporations law enforcement complaints, many of law enforcement perspective, the bill being formed. our States are reluctant to admit there proposed by NCCUSL would be worse That is why Federal legislation in is a problem in establishing U.S. cor- than no bill at all. And there are two this area is critical. Federal legislation porations and LLCs with hidden own- very basic reasons for this. It elimi- is needed to level the playing field ers. Too many of our States are eager nates the ability of law enforcement to among the States, set minimum stand- to explain how quick and easy it is to get corporate information without ards for obtaining beneficial ownership set up corporations within their bor- alerting the target of the investigation information, put an end to the practice ders, without acknowledging that that the investigation is ongoing. That of States forming millions of legal en- those same quick and easy procedures is the primary reason. It also sets up a tities each year without knowing who enable wrongdoers to utilize U.S. cor- system that is time-consuming and is behind them, and bring the United porations in a variety of crimes and complicated.’’ States into compliance with its inter- tax dodges both here and abroad. The Department of Justice testified: national commitments. Beginning in 2006, the Subcommittee ‘‘Senator, I would submit to you that The bill’s provisions would require worked with the States to encourage in a criminal organization everyone the States to ask incorporation appli- them to recognize the law enforcement knows who is in control and this will cants for a list of the beneficial owners and national security problem they’d not be an issue of determining who is of each corporation or LLC formed created and to come up with their own in control. What we are concerned under their laws, to maintain this in- solution. After the Subcommittee’s about here from the law enforcement formation for a period of years after a 2006 hearing on this issue, for example, perspective are the criminals and the corporation is terminated, and to pro- the National Association of Secretaries criminal organizations and so what we vide the information to law enforce- of State or NASS convened a 2007 task are asking is that when criminals use ment upon receipt of a subpoena or force to examine state incorporation shell companies, they provide the name summons. The bill would also require practices. At the request of NASS and of the beneficial owner. That is the per- corporations and LLCs to update their several States, I delayed introducing son who is in control, the criminal in beneficial ownership information on a legislation while they worked on a pro- control, as opposed to the NCCUSL regular basis. The ownership informa- posal to require the collection of bene- proposal where they are suggesting tion would be kept by the State or, if a ficial ownership information. My Sub- that instead two nominees are pro- State maintains a formation agent li- committee staff participated in mul- vided—two nominees between law en- censing system and delegates this task, tiple conferences, telephone calls, and forcement and the criminal in con- by a State’s licensed formation agents. meetings on the issue. trol.’’ The particular information that In July 2007, the NASS task force Despite these criticisms, NCCUSL fi- would have to be provided for each ben- issued a proposal. Rather than cure the nalized its model law in July 2009, eficial owner is the owner’s name, ad- problem, however, the proposal had issuing it under the title, ‘‘Uniform dress, and a unique identifying number multiple serious deficiencies, leading Law Enforcement Access to Entity In- from a State driver’s license or a U.S. the Treasury Department to state in a formation Act.’’ At the November 2009 passport. The bill would not require letter that the NASS proposal ‘‘falls hearing, law enforcement again criti- States to verify this information, but short’’ and ‘‘does not fully address the cized the NCCUSL model for failing to penalties would apply to persons who problem of legal entities masking the provide the names of the true owners of submit false information. identity of criminals.’’ the corporations being formed. The In the case of U.S. corporations Among other shortcomings, the Justice Department testified: ‘‘To formed by individuals who do not pos- NASS proposal would not require allow companies to provide anything sess a driver’s license or passport from States to obtain the names of the nat- less than the beneficial owner informa- the United States, the bill would per- ural individuals who would be the bene- tion merely provides criminals with an mit them to submit their names, ad- ficial owners of a U.S. corporation or opportunity to evade responsibility and dresses, and identifying information LLC. Instead, it would allow States to put nominees between themselves and from a non-U.S. passport to a forma- obtain a list of a corporation’s ‘‘owners the true perpetrator.’’ With regard to tion agent residing within the State. of record’’ who can be, and often are, NCCUSL’s proposal, Treasury testified: They would have to include a copy of a offshore corporations or trusts with ‘‘[T]here is not an obligation for that passport photograph. The incorpora- their own hidden owners. The NASS live person to not be a nominee. And tion application would have to include proposal also did not require the States what I think is important in the legis- a written certification that the forma- to maintain the beneficial ownership lation is that we get at the true bene- tion agent had obtained the informa- information, or to supply it to law en- ficial owner and not someone who may tion and verified the identity of the forcement upon receipt of a subpoena be a nominee.’’ non-U.S. corporate owners. The forma- or summons. Instead, law enforcement In addition to its flaws, the NCCUSL tion agent would have to retain the in- would have to get the information from model law has proven unpopular with formation in the State for a specified the suspect corporation or one of its the States for whom it was written. period of time and produce it upon re- agents, thereby tipping off the corpora- Despite the effort and fanfare attached ceipt of a subpoena or summons from tion to the investigation. The proposal to the uniform model, after four years law enforcement. also failed to require the beneficial of sitting on the books, not a single To ensure that its provisions are ownership information to be updated State has adopted it or given any indi- tightly targeted, the bill would exempt over time. These and other flaws in the cation of doing so. a wide range of corporations from the proposal were identified by the Treas- It is deeply disappointing that the disclosure obligation. It would exempt, ury Department, the Department of States, despite the passage of many for example, virtually all highly regu- Justice, and others, but NASS contin- years, have been unable to devise an ef- lated corporations, because we already ued on the same course. fective proposal to stop the formation know who owns them. That includes all NASS enlisted the help of the Na- of corporations with hidden owners. publicly-traded corporations, banks, tional Conference of Commissioners on One key difficulty is that the States broker-dealers, commodity brokers, Uniform State Laws or NCCUSL, which are competing against each other to at- registered investment funds, registered produced a proposed model law for tract persons who want to set up U.S. accounting firms, insurers, and utili- States that wanted to adopt the NASS corporations. That competition creates ties. The bill would also exempt cor- approach. NCCUSL presented its pro- pressure for each individual State to porations with a substantial U.S. pres- posal at the Homeland Security and favor procedures that allow quick and ence, including at least 20 employees Governmental Affairs Committee’s easy incorporations, with no questions physically located in the United June 2009 hearing, where it was sub- asked. It’s a classic case of competition States, since those individuals could jected to significant criticism. The causing a race to the bottom, making provide law enforcement with the leads Manhattan District Attorney’s office, it difficult for any one State to do the needed to trace a corporation’s true

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.050 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6234 CONGRESSIONAL RECORD — SENATE August 1, 2013 owners. In addition, the bill would ex- itly that nothing in its provisions au- States in terms of demanding and empt businesses set up by govern- thorizes the withholding of federal verifying beneficial ownership informa- ments, churches, charities, and non- funds from a State for failing to modify tion. Most offshore tax havens, for ex- profit corporations, since disclosure of its incorporation practices to meet the ample, already require this informa- their beneficial ownership information beneficial ownership information re- tion to be collected, including the Ba- would not advance the public interest quirements of the act. Instead, the bill hamas, Cayman Islands, and the Chan- or assist law enforcement. These ex- calls for a GAO report within 5 years of nel Islands. Countries around the world emptions dramatically reduce the enactment to identify any States that already request beneficial ownership number of corporations who would ac- had failed to strengthen their incorpo- information, in part because of their tually have to file beneficial ownership ration practices as required by the act. commitment to FATF’s international information on state incorporation After getting this status report, a fu- anti-money laundering standards. Our forms in order to ensure that the bill’s ture Congress can decide what steps to 50 States should be meeting the same disclosure obligations focus only on take in the event there are any non- standards, but there is no indication owners whose identities are currently compliant States. that they will, unless required to do so. hidden. The bill also contains a provision I wish Federal legislation weren’t The bill does not take a position on that would require corporations bid- necessary. I wish the States could solve the issue of whether the States should ding on federal contracts to provide the this law enforcement problem on their make beneficial ownership information same beneficial ownership information own, but ongoing competitive pressures available to the public. Instead, the to the federal government as provided make it unlikely that the States will bill leaves it entirely up to the States to the relevant State. The Sub- do the right thing. It’s been nearly to decide whether, under what cir- committee has become aware of in- seven years since our 2006 hearing on cumstances, and to what extent to stances in which the federal govern- this issue and more than four years make beneficial ownership information ment has found itself doing business since the States came up with a model available to the public. The bill explic- with U.S. corporations whose owners law on the subject, with no progress to itly permits the States to place restric- are hidden, including owners under in- speak of, despite repeated pleas from tions on providing beneficial ownership vestigation for suspect conduct. It is law enforcement. Federal legislation is necessary to re- important that when the federal gov- information to persons other than gov- duce the vulnerability of the United ernment officials. The bill focuses in- ernment contracts to do business with States to wrongdoing by U.S. corpora- stead on ensuring that law enforce- someone, it knows who it is dealing tions with hidden owners, to protect ment with a subpoena or summons is with. interstate and international commerce Finally, the bill would require the given ready access to the beneficial from criminals misusing U.S. corpora- ownership information. Treasury Department to issue a rule tions, to strengthen the ability of law Relative to the costs of compliance, requiring U.S. formation agents to es- enforcement to investigate suspect the bill provides States with access to tablish anti-money laundering pro- U.S. corporations, to level the playing two separate funding sources, neither grams to ensure they are not forming field among the States, and to bring of which involves appropriated funds. U.S. corporations or LLCs for wrong- the United States into compliance with For the first three years after the bill’s doers. The bill requires the programs its international anti-money laun- enactment, the bill requires both the to be risk based so that formation dering obligations. Justice and Treasury Departments to agents can target their preventative ef- There is also an issue of consistency. make funds available from their indi- forts toward persons who pose a high For years, I have been fighting offshore vidual forfeiture programs to States in- risk of being involved with wrongdoing. corporate secrecy laws and practices curring reasonable expenses to comply GAO would also be asked to conduct a that enable wrongdoers to secretly con- with the Act. These forfeiture funds do study of existing State formation pro- trol offshore corporations involved in not contain taxpayer dollars; instead cedures for partnerships, trusts, and money laundering, tax evasion, and they contain the proceeds of forfeiture charitable organizations to see if addi- other misconduct. I have pointed out actions taken against persons involved tional ownership disclosure require- on more than one occasion that cor- in money laundering, drug trafficking, ments are warranted. porations were not created to hide or other wrongdoing. The bill would di- We have worked with the Depart- ownership, but to protect owners from rect a total of $40 million over 3 years ments of Justice, Treasury, and Home- personal liability for corporate acts. to be provided to the States from the land Security to craft a bill that would Unfortunately, today, the corporate two funds to carry out the Act. These address, in a fair and reasonable way, form has too often been corrupted into provisions would ensure that States the significant law enforcement prob- serving those who wish to conceal their have adequate funds for the modest lems created by States allowing the identities. It is past time to stop this compliance costs involved with adding formation of millions of U.S. corpora- misuse of the corporate form. But if we a new question to their incorporation tions and LLCs with hidden owners. want to stop inappropriate corporate forms requesting the names of the cov- When those corporations commit secrecy offshore, we need to stop it ered corporations’ beneficial owners. crimes, they affect not only interstate here at home as well. The compliance costs would be mod- commerce with U.S. victims, but also For these reasons, I urge my col- est, because the bill does not require our relationships with other countries leagues to join us in supporting this any State to change its laws, set up whose citizens may become victims of legislation and putting an end to incor- new forms, create new databases of in- U.S. corporate wrongdoing. What the poration practices that promote cor- formation, or verify the information bill comes down to is a simple require- porate secrecy and render the United provided. To the contrary, the only ment that States strengthen their in- States and other countries vulnerable steps that a State would need to take corporation applications to add a sin- to abuse by U.S. corporations with hid- would be to add one question to its ex- gle question requesting identifying in- den owners. isting incorporation form asking for formation for the true owners of the Mr. President, I ask unanimous con- the corporation’s beneficial owners, corporations they form. That is not too sent that a summary of the bill be keep that incorporation application on much to ask to protect this country printed in the RECORD. file which all States do already, and and the international community from There being no objection, the mate- make the ownership information avail- wrongdoers misusing U.S. corpora- rial was ordered to be printed in the able to law enforcement upon receipt tions. RECORD, as follows: of a subpoena or summons. For those who say that, if the United SUMMARY OF INCORPORATION TRANSPARENCY It is common for bills establishing States tightens its incorporation rules, AND LAW ENFORCEMENT ASSISTANCE ACT minimum Federal standards to seek to new corporations will be formed else- To protect the United States from U.S. corporations being misused to support ter- ensure State action by making some where, it is appropriate to ask exactly rorism, money laundering, tax evasion, and Federal funding dependent upon a where they will go. A recent report other misconduct, the Levin-Grassley-Fein- State’s meeting the specified stand- found that virtually every other coun- stein-Harkin Incorporation Transparency ards. Our bill, however, states explic- try is already tougher than the United and Law Enforcement Assistance Act would:

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.050 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6235 Beneficial Ownership Information. Require border, has seen profound economic cessive executive compensation. For the States directly or through licensed for- challenges in recent years. The coun- example, because of this loophole, if a mation agents to obtain the names of bene- ty’s 5-year average unemployment rate CEO receives $15 million in compensa- ficial owners of the corporations or limited is 11 percent. In the county’s largest tion in a given year, that amount can liability companies (LLCs) formed under State law, ensure this information is up- city, Martinsville, the 5-year average cause the corporation’s taxable income dated, and provide the information to law unemployment rate is over 17 percent. to decline by $15 million. With the cur- enforcement upon receipt of a subpoena or This part of Virginia would benefit rent corporate tax rate at 35 percent, summons. greatly from the jobs this site could the corporation in this case would pay Shelf Corporations. Require formation bring. less tax to the U.S. Treasury, up to 35 agents who sell ‘‘shelf corporations’’—cor- Henry County has worked with the percent of $15 million, leaving the corporations formed for later sale to third par- U.S. Army Corps of Engineers on site poration’s shareholders to bear only ties—to identify the beneficial owners who preparation. However, the Corps has buy them. $9.75 million of the $15 million cost of Federal Contractors. Require corporations been reluctant to issue the permit be- executive pay, while U.S. taxpayers or LLCs bidding on federal contracts to pro- cause no company has yet committed foot the remaining $5.25 million. vide beneficial ownership information to the to the site and prepared detailed blue- The Stop Subsidizing Multimillion federal government. prints. The problem is that a company Dollar Corporate Bonuses Act would Identifying Information. Require the provi- will not relocate to the site without an allow a public corporation to deduct sion of beneficial owners’ names, addresses, approved permit, but a permit cannot compensation up to only $1 million. and a U.S. drivers license or passport num- be approved without a company willing Using the same example, this would ber, or information from a non-U.S. passport. Penalties for False Information. Establish to relocate. mean that corporate shareholders penalties for persons who knowingly provide Henry County, the Martinsville- would bear $14.65 million of the $15 mil- false information, or willfully fail to provide Henry Co. Economic Development lion in compensation. required information, on beneficial owner- Corp., and the Commonwealth of Vir- Over a ten-year window, the Joint ship. ginia have together devoted more than Committee on Taxation has estimated Exemptions. Exempt from the disclosure $16 million to this project. They have this legislation would close a loophole obligation regulated corporations, including worked in good faith, at great cost in that costs U.S. taxpayers over $50 bil- publicly traded companies, banks, broker- money and personnel hours, to promote lion by making some simple changes to dealers, insurers, and accounting firms; corporations with a substantial U.S. presence; economic development in line with en- existing law. and corporations whose beneficial ownership vironmental protection and all require- First, our legislation extends section information would not benefit the public in- ments of the law. Yet due to this regu- 162(m) of the tax code to all employees terest or assist law enforcement. latory ambiguity, this process is un- of publicly traded corporations so that Funding. Provide $40 million over three able to move forward. all compensation is subject to a de- years to States from existing Justice and Our legislation clarifies that ambi- ductibility cap of $1 million. Publicly Treasury Department forfeiture funds to pay guity. It specifies that the lack of a traded corporations would still be per- for the costs of complying with the Act. mitted to pay their executives as much State Compliance Report. Specify that committed end-user shall not be a rea- funds may not be withheld from any State son to deny a Corps permit that meets as they want, but compensation above for failure to comply with the Act, but also all other legal requirements. I believe and beyond $1 million would no longer require a GAO report in five years identi- this bill will allow the site in Henry be bankrolled, in part, through our tax fying any States not in compliance so a fu- County, and similar sites elsewhere, to code. ture Congress can determine if additional move forward, while maintaining all Second, our bill removes the exemp- steps are needed. environmental protections. tion for performance-based compensa- Transition Period. Give the States two Senator WARNER and I have intro- tion, which currently permits com- years to begin requiring existing corpora- duced this legislation in partnership pensation deductions above and beyond tions and LLCs to provide beneficial owner- $1 million when executives have met ship information. with our friends and Virginia col- Anti-Money Laundering Safeguards. Re- leagues in the House, U.S. Representa- performance benchmarks set by the quire paid formation agents to establish tives ROBERT HURT and MORGAN GRIF- corporation’s Board of Directors. As a anti-money laundering programs to guard FITH. We believe this will expedite the result, publicly traded corporations against supplying U.S. corporations or LLCs approval of important economic devel- would still be able to incentivize their to wrongdoers. Attorneys using paid forma- opment projects, and we are proud to executives, but all such incentives tion agents would be exempt from this re- be able to work across the aisle and would be subject to a corporate deduct- quirement. with state and local officials on this ibility cap of $1 million. GAO Study. Require GAO to complete a Finally, our legislation makes a study of existing beneficial ownership infor- commonsense, bipartisan solution. mation requirements for partnerships, char- technical correction to ensure that all ities, and trusts. By Mr. REED (for himself and publicly traded corporations that are Mr. BLUMENTHAL): required to provide quarterly and an- By Mr. KAINE (for himself and S. 1476. A bill to amend the Internal nual reports to their investors under Mr. WARNER): Revenue Code of 1986 to expand the de- Securities and Exchange Commission S. 1470. A bill to amend the Federal nial of deduction for certain excessive rules and regulations are subject to Water Pollution Control Act with re- employee remuneration, and for other section 162(m). Currently, this section spect to the guidelines for specification purposes; to the Committee on Fi- of the tax code only covers some pub- of certain disposal sites for dredged or nance. licly traded corporations who are re- fill material; to the Committee on En- Mr. REED. Mr. President, today I am quired to provide these periodic reports vironment and Public Works. introducing, along with Senator to their shareholders. Discouraging un- Mr. KAINE. Mr. President, today, my BLUMENTHAL, the Stop Subsidizing restrained compensation packages colleague Senator MARK WARNER and I Multimillion Dollar Corporate Bonuses shouldn’t hinge on whether a publicly are introducing the Commonsense Per- Act. This bill closes a loophole that al- traded corporation falls into one SEC mitting for Job Creation Act of 2013, a lows publicly traded corporations to reporting requirement or another, and bipartisan, bicameral piece of legisla- deduct an executive’s pay over $1 mil- my bill closes this technical loophole. tion to address an aspect of water per- lion from their tax bill. With this legislation, we aim to put mitting law that has touched several Under current tax law, when a public an end to some of the extravagant tax economic development projects. corporation calculates its taxable in- breaks that exclusively benefit public In my home State of Virginia, there come, generally it is permitted to de- corporations. This is simply a matter is a county that has been working on duct the cost of compensation from its of fairness at a time of fiscal belt securing a permit for the proposed site revenues, with limits up to $1 million tightening, when so many of our con- of a business center, where one or mul- for some of the firm’s most senior ex- stituents have already sacrificed. tiple firms could establish job-creating ecutives. However, a loophole has al- I want to thank Senator BLUMENTHAL manufacturing plants. This area— lowed many public corporations to and his staff for working with me on Henry County, on the North Carolina avoid such limits and freely deduct ex- this issue, and I urge our colleagues to

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AU6.051 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6236 CONGRESSIONAL RECORD — SENATE August 1, 2013 join us by cosponsoring this legisla- SENATE RESOLUTION 213—EX- Whereas the Secretary General of the Or- tion. PRESSING SUPPORT FOR THE ganization of American States (OAS) has re- FREE AND PEACEFUL EXERCISE pudiated the incident by stating that it ‘‘re- f OF REPRESENTATIVE DEMOC- flects, in a dramatic manner, the absence of a political dialogue that can bring tran- SUBMITTED RESOLUTIONS RACY IN VENEZUELA AND CON- quility to the citizens and to the members of DEMNING VIOLENCE AND INTIMI- the different public powers to resolve in a DATION AGAINST THE COUN- peaceful climate and with everybody’s par- SENATE RESOLUTION 212— TRY’S POLITICAL OPPOSITION ticipation the pending matters of the coun- COMMENDING DAVID J. SCHIAPPA Mr. MENENDEZ (for himself, Mr. try’’; Whereas the Congress of the Republic of RUBIO, Mr. NELSON, Mr. KAINE, Mr. Mr. MCCONNELL (for himself, Mr. Peru passed a resolution rejecting the use of UDALL of New Mexico, Mr. MCCAIN, and REID of Nevada, Mr. ALEXANDER, Ms. violence against opposition parties in the Mr. KIRK) submitted the following res- AYOTTE, Ms. BALDWIN, Mr. BARRASSO, Venezuelan National Assembly and express- olution; which was referred to the Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, ing solidarity with those injured by the Committee on Foreign Relations: Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- events of April 2013; and S. RES. 213 Whereas, as a member of the Organization MAN, Mrs. BOXER, Mr. BROWN, Mr. of American States and signatory to the BURR, Ms. CANTWELL, Mr. CARDIN, Mr. Whereas the National Electoral Council (CNE) of Venezuela declared Nicola´ s Maduro Inter-American Democratic Charter, the CARPER, Mr. CASEY, Mr. CHAMBLISS, to be the winner of Venezuela’s April 14, 2013, Bolivarian Government of Venezuela has Mr. CHIESA, Mr. COATS, Mr. COBURN, presidential election, after crediting him agreed to abide by the principles of constitu- Mr. COCHRAN, Ms. COLLINS, Mr. COONS, with receiving 50.6 percent of votes cast; tional, representative democracy, which in- Mr. CORKER, Mr. CORNYN, Mr. CRAPO, Whereas Venezuela’s political opposition clude free and fair elections and adherence Mr. CRUZ, Mr. DONNELLY, Mr. DURBIN, has highlighted widespread incidents of po- to its own constitution: Now, therefore, be it Mr. ENZI, Mrs. FEINSTEIN, Mrs. FISCH- tential electoral irregularities, voter intimi- Resolved, That the Senate— (1) supports the people of Venezuela in ER, Mr. FLAKE, Mr. FRANKEN, Mrs. dation, and other abuses perpetrated by the their pursuit of the free exercise of rep- GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Government of Venezuela in favor of the candidacy of Nicola´ s Maduro; resentative democracy in Venezuela; LEY, Mrs. HAGAN, Mr. HARKIN, Mr. Whereas the Organization of American (2) calls for greater dialogue between all HATCH, Mr. HEINRICH, Ms. HEITKAMP, States and other multilateral institutions political actors in Venezuela and strongly Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, called for a full recount and audit that ad- deplores the undemocratic denial of legiti- Mr. INHOFE, Mr. ISAKSON, Mr. JOHANNS, dresses all claims by participants in the elec- mate parliamentary rights to members of op- Mr. JOHNSON of Wisconsin, Mr. JOHNSON toral process in Venezuela; position parties in the National Assembly of South Dakota, Mr. KAINE, Mr. KING, Whereas the Senate of the Republic of and the inexcusable violence perpetrated against opposition legislators inside the leg- Mr. KIRK, Ms. KLOBUCHAR, Ms. LAN- Chile, the Christian Democratic Organiza- islative chambers of Venezuela; DRIEU, Mr. LEAHY, Mr. LEE, Mr. LEVIN, tion of the Americas, the Socialist Inter- national, the Union of Latin American par- (3) commends legislators from other na- Mr. MANCHIN, Mr. MARKEY, Mr. ties, and other political organizations in the tions in the Americas who have declared MCCAIN, Mrs. MCCASKILL, Mr. MENEN- region have issued declarations recognizing their opposition to political irregularities DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. the alleged irregularities documented by the and the use of violence against opposition MORAN, Ms. MURKOWSKI, Mr. MURPHY, opposition in Venezuela and urged a com- parliamentarians in Venezuela; Mrs. MURRAY, Mr. NELSON, Mr. PAUL, plete audit of the election results; (4) urges the Organization of American Mr. PORTMAN, Mr. PRYOR, Mr. REED, Whereas the CNE has denied the political States to issue a detailed report on any and all irregularities resulting from the April 14, Mr. RISCH, Mr. ROBERTS, Mr. ROCKE- opposition’s request for a full and com- 2013, presidential election in Venezuela; FELLER, Mr. RUBIO, Mr. SANDERS, Mr. prehensive audit of the election results that includes the review and comparison of voter (5) urges the United States Ambassador to SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. registry log books, vote tallies produced by the Organization of American States to work SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, electronic voting machines, and the paper in concert with other member states to use Ms. STABENOW, Mr. TESTER, Mr. THUNE, receipts printed by electronic voting ma- the full power of the organization in support Mr. TOOMEY, Mr. UDALL of Colorado, chines; of meaningful steps to ensure full parliamen- Mr. UDALL of New Mexico, Mr. VITTER, Whereas the Preamble of the Charter of tary democracy and the rule of law in Ven- Mr. WARNER, Ms. WARREN, Mr. WHITE- the Organization of American States affirms ezuela in accordance with the Inter-Amer- ican Democratic Charter, including invoking HOUSE, Mr. WICKER, and Mr. WYDEN) that ‘‘representative democracy is an indispensable condition for the stability, peace articles related to unconstitutional interrup- submitted the following resolution; tions of the democratic order in a member which was considered and agreed to: and development of the region,’’ and Article 1 of the Inter-American Democratic Charter state; and S. RES. 212 recognizes that ‘‘the people of the Americas (6) urges the United States Ambassador to Whereas, David Schiappa has loyally served have a right to democracy and their govern- the Organization of American States to work the Senate for 29 years, his entire profes- ments have an obligation to promote and de- in concert with other member states to sional career, starting in the Senate in De- fend it’’; strengthen the ability of the Organization to cember 1984; Whereas the republican form of govern- protect democratic institutions and to re- Whereas, David Schiappa grew up in Mary- ment prescribed in the Constitution of the spond to the erosion of democracy in mem- land and graduated from DeMatha Catholic Bolivarian Republic of Venezuela has its leg- ber states. High School, the University of Maryland, islative branch in the National Assembly, f and Johns Hopkins University; where the free participation and deliberation Whereas, David Schiappa rose through all of its democratically elected representatives SENATE RESOLUTION 214—DESIG- the positions in the Republican Cloakroom is essential to legislate and check the powers NATING THE WEEK OF OCTOBER finally serving as either Secretary for the of the executive branch; 13, 2013, THROUGH OCTOBER 19, Majority or Secretary for the Minority for Whereas the President of the National As- 2013, AS ‘‘NATIONAL CASE MAN- the last three Republican Leaders; sembly denied opposition parties the right to AGEMENT WEEK’’ TO RECOGNIZE Whereas, David Schiappa has at all times speak in the legislature from April 16 to May THE VALUE OF CASE MANAGE- discharged the duties of his office with great 21, 2013, and removed them from key com- MENT IN IMPROVING dedication, diligence, and sense of service, mittees in response to their refusal to recog- HEALTHCARE OUTCOMES FOR thus earning the respect of Republican and nize Nicola´ s Maduro as president; Democratic Senators alike, as well as their Whereas members of the ruling United So- PATIENTS staffs; and cialist Party of Venezuela (PSUV) violently Mr. PRYOR (for himself and Mr. Whereas, his good humor, storytelling abil- assaulted opposition legislators on April 16 BOOZMAN) submitted the following res- ity, and easy-going manner have made him and April 30, 2013, in the National Assembly, olution; which was referred to the an invaluable member of the Senate family. causing lacerations, broken bones, and other Committee on the Judiciary: Now, therefore, be it injuries to members of the political opposi- Resolved, That the Senate expresses its tion; S. RES. 214 appreciation to David Schiappa and his fam- Whereas the Department of State re- Whereas case management is a collabo- ily and commends him for his outstanding sponded to the violence against opposition rative process of assessment, education, and faithful service to the Senate. legislators in Venezuela by declaring that planning, facilitation, care coordination, The Secretary of the Senate shall transmit ‘‘violence has no place in a representative evaluation, and advocacy; a copy of this resolution to David J. and democratic system, and is particularly Whereas the goal of case management is to Schiappa. inappropriate in the National Assembly’’; meet the health needs of the patient and the

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.081 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6237 family of the patient, while respecting and any debt of a State, to ensure that promises (3) recognizes the many important con- assuring the right of the patient to self de- of Federal Government support were not tributions of the American College of Sur- termination, through communication and proffered: Now, therefore, be it geons to the welfare of surgical patients and available resources in order to promote qual- Resolved, That— the health care system of the United States. (1) the Federal Government should take no ity, cost-effective outcomes; f Whereas case managers are advocates who action to redeem, assume, or guarantee any help patients understand their current debt of a State; and SENATE CONCURRENT RESOLU- health status and ways to improve their (2) the Secretary of the Treasury should re- TION 22—PROVIDING FOR A CON- health, and in this way serve as catalysts port to Congress any negotiations to engage DITIONAL ADJOURNMENT OR RE- who guide patients and provide cohesion in actions that would result in an outlay of CESS OF THE SENATE AND AN with other professionals in the healthcare Federal funds on behalf of creditors of a State. ADJOURNMENT OF THE HOUSE delivery team; OF REPRESENTATIVES Whereas case managers are an important f link to quality healthcare; Mr. REID of Nevada submitted the Whereas the American Case Management SENATE RESOLUTION 216—ELECT- following concurrent resolution; which Association and the Case Management Soci- ING LAURA C. DOVE, OF VIR- was considered and agreed to: ety of America work diligently to bring GINIA, AS SECRETARY FOR THE S. CON. RES. 22 awareness to the broad range of services case MINORITY OF THE SENATE managers offer and to educate providers, Resolved by the Senate (the House of Rep- Mr. MCCONNELL submitted the fol- resentatives concurring), That when the Sen- payers, and regulators on the improved pa- lowing resolution; which was consid- tient outcomes that case management serv- ate recesses or adjourns on any day from ices can provide; ered and agreed to: Thursday, August 1, 2013, through Sunday, Whereas, through National Case Manage- S. RES. 216 August 11, 2013, on a motion offered pursuant ment Week, the American Case Management Resolved, That Laura C. Dove of Virginia to this concurrent resolution by its Majority Association and the Case Management Soci- be, and she is hereby, elected Secretary for Leader or his designee, it stand recessed or ety of America hope to continue to educate the Minority of the Senate, effective Friday, adjourned until 12:00 noon on Monday, Au- providers, payers, regulators, and consumers August 2, 2013. gust 12, 2013, or such other time on that day as may be specified by its Majority Leader or about the value case managers bring to the f successful delivery of healthcare; his designee in the motion to recess or ad- Whereas the American Case Management SENATE RESOLUTION 217—EX- journ; and that when the Senate recesses or Association and the Case Management Soci- PRESSING SUPPORT FOR DES- adjourns on Monday, August 12, 2013, it stand ety of America will celebrate National Case IGNATION OF OCTOBER 6, 2013, adjourned until 12:00 noon on Monday, Sep- Management Week during the week of Octo- THROUGH OCTOBER 10, 2013, AS tember 9, 2013, or such other time on that ber 13, 2013, through October 19, 2013, in order ‘‘AMERICAN COLLEGE OF SUR- day as may be specified by its Majority to recognize case managers as an essential Leader or his designee, or until the time of GEONS DAYS’’ AND RECOGNIZING any reassembly pursuant to section 2 of this link to quality healthcare; and THE 100TH ANNIVERSARY OF Whereas it is appropriate at that time to concurrent resolution, whichever occurs THE FOUNDING OF THE ORGANI- first; and that when the House adjourns on recognize the many achievements of case ZATION managers in improving healthcare outcomes: any legislative day from Friday, August 2, Now, therefore, be it Mr. KIRK (for himself, Mr. BROWN, 2013, through Friday, September 6, 2013, on a motion offered pursuant to this concurrent Resolved, That the Senate— and Mr. DURBIN) submitted the fol- (1) designates the week of October 13, 2013, lowing resolution; which was consid- resolution by its Majority Leader or his designee, it stand adjourned until 2:00 p.m. on through October 19, 2013, as ‘‘National Case ered and agreed to.: Management Week’’; Monday, September 9, 2013, or until the time S. RES. 217 (2) recognizes the value of case manage- of any reassembly pursuant to section 2 of ment in providing successful and cost-effec- Whereas the American College of Surgeons this concurrent resolution, whichever occurs tive healthcare; and is the largest surgical organization in the first. (3) encourages the people of the United world and remains steadfast in its mission to SEC. 2. The Majority Leader of the Senate States to observe National Case Management improve the care of the surgical patient and and the Speaker of the House, or their re- Week and learn about the field of case man- to safeguard standards of care in an optimal spective designees, acting jointly after con- and ethical practice environment; agement. sultation with the Minority Leader of the Whereas the American College of Surgeons Senate and the Minority Leader of the f continues its work into the 21st century to House, shall notify the Members of the Sen- SENATE RESOLUTION 215—EX- sustain and develop relevant programs that ate and House, respectively, to reassemble at are inspired by quality; such place and time as they may designate PRESSING THE SENSE OF THE Whereas the 100th anniversary celebrations if, in their opinion, the public interest shall SENATE THAT THE FEDERAL serve as a testament that the American Col- warrant it. GOVERNMENT SHOULD NOT BAIL lege of Surgeons is fulfilling its mission of f OUT ANY STATE engaging surgeons as leaders and educators, and developing initiatives that improve sur- SENATE CONCURRENT RESOLU- Mr. KIRK (for himself, Ms. AYOTTE, gery and the quality of care for surgical pa- TION 23—EXPRESSING THE Mr. BARRASSO, Mr. COATS, Mr. CRAPO, tients; SENSE OF CONGRESS THAT THE Mr. JOHNSON of Wisconsin, Mr. RUBIO, Whereas the 2013 American College of Sur- UNITED STATES POSTAL SERV- and Mr. SHELBY) submitted the fol- geons Clinical Congress is the most pres- ICE SHOULD ISSUE A COMMEMO- lowing resolution; which was referred tigious international surgical conference, RATIVE POSTAGE STAMP HON- to the Committee on Banking, Hous- bringing together thousands of Fellows of ORING THE REVEREND DOCTOR ing, and Urban Affairs: the College and other health care professionals who each year rely on the Clinical LEON SULLIVAN AND THAT THE S. RES. 215 Congress to learn about the latest surgical CITIZENS’ STAMP ADVISORY Whereas every State in the United States advances, practice management methods, COMMITTEE SHOULD REC- is a sovereign entity with a constitution and and health policy issues; and OMMEND TO THE POSTMASTER the authority to issue sovereign debt; Whereas October 6, 2013, through October GENERAL THAT SUCH A STAMP Whereas the legislature of every State in 10, 2013, would be appropriate dates to des- the United States has the authority to re- ignate as ‘‘American College of Surgeons BE ISSUED duce spending or raise taxes to pay the obli- Days’’ to celebrate the 100th anniversary of Mr. CASEY submitted the following gations owed by the State; the founding of the American College of Sur- concurrent resolution; which was re- Whereas officials in every State in the geons, the achievements of which continue ferred to the Committee on Homeland United States have the legal obligation to to significantly influence the course of sur- Security and Governmental Affairs.: fully disclose the financial condition of the gery in the United States and around the State to investors who purchase the debt of world, and which was established as an advo- S. CON. RES. 23 the State; cate for all surgical patients: Now, therefore, Whereas the Reverend Doctor Leon Sul- Whereas Congress has rejected prior re- be it livan impacted millions of people throughout quests from creditors of a State for payment Resolved, That the Senate— the world, particularly throughout the of the defaulted debt of a State; and (1) supports the designation of ‘‘American United States and in Africa, by advocating Whereas, during the financial crisis in 1842, College of Surgeons Days’’; self-help principles of empowerment, com- the Senate requested that the Secretary of (2) recognizes the 100th anniversary of the munity development, and self-reliance; the Treasury report any negotiations with founding of the American College of Sur- Whereas the Reverend Dr. Sullivan founded creditors of a State to assume or guaranty geons; and the Opportunities Industrialization Centers

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Mr. ISAKSON (for himself and Mr. ergy manager, as part of the certification for Education and Self-Help (commonly re- BENNET) submitted an amendment intended system under paragraph (7) and using guide- ferred to as ‘‘IFESH’’); to be proposed by him to the bill S. 1392, to lines developed by the Secretary, shall pro- Whereas the Reverend Dr. Sullivan made a promote energy savings in residential build- vide reasons for not implementing any life substantial impact on the lives of the people ings and industry, and for other purposes; cycle cost-effective measures under subpara- in Africa through the actions of OICI and which was ordered to lie on the table. graph (A).’’. IFESH; SA 1845. Mr. UDALL of Colorado (for him- (c) ANNUAL CONTRACTING GOAL.—Section Whereas the Reverend Dr. Sullivan founded self and Ms. COLLINS) submitted an amend- 543(f)(10)(C) of the National Energy Con- the Progress Investment Associates (comment intended to be proposed by him to the servation Policy Act (42 U.S.C. 8253(f)(10)(C)) monly referred to as the ‘‘PIA’’) and the Zion bill S. 1392, supra; which was ordered to lie is amended— Nonprofit Charitable Trust (commonly re- on the table. (1) by striking ‘‘Each Federal agency’’ and ferred to as the ‘‘ZNCT’’), which was estab- SA 1846. Mr. UDALL of Colorado (for him- inserting the following: lished to fund housing, shopping, human self and Mr. RISCH) submitted an amendment ‘‘(i) IN GENERAL.—Each Federal agency’’; services, educational, and other nonprofit intended to be proposed by him to the bill S. and ventures for inner-city dwellers; 1392, supra; which was ordered to lie on the (2) by adding at the end the following new Whereas the Reverend Dr. Sullivan estab- table. clauses: lished inner-city retirement and assisted liv- SA 1847. Mr. BENNET (for himself and Ms. ‘‘(ii) TRACKING.—Each Federal agency shall ing complexes for the elderly and disabled in AYOTTE) submitted an amendment intended use the benchmarking systems selected or Philadelphia and other cities throughout the to be proposed by him to the bill S. 1392, developed for the agency under paragraph (8) United States, named Opportunities Towers; supra; which was ordered to lie on the table. to track energy savings realized by the agency through the implementation of energy- or Whereas the Reverend Dr. Sullivan was SA 1848. Mr. REID (for Mr. PRYOR (for him- water-saving or conservation measures pur- able, as the first African-American member self, Ms. AYOTTE, and Mr. COBURN)) proposed on the board of General Motors Corporation, an amendment to the bill H.R. 1344, to suant to paragraph (4), and shall submit in- to secure the support of the other board amend title 49, United States Code, to direct formation regarding such savings to the Sec- members to back him in the development of the Assistant Secretary of Homeland Secu- retary to be published on a public website of the Department of Energy. the unprecedented Global Sullivan Prin- rity (Transportation Security Administra- ‘‘(iii) CONSIDERATION.—Each Federal agen- ciples, a code of conduct written in 1977, for tion) to provide expedited air passenger cy shall consider using energy savings per- United States businesses operating in South screening to severely injured or disabled formance contracts or utility energy service Africa; members of the Armed Forces and severely contracts to implement energy- or water- Whereas the Reverend Dr. Sullivan has injured or disabled veterans, and for other saving or conservation measures pursuant to been the recipient of the Presidential Medal purposes. of Freedom, the Notre Dame Award, the El- paragraph (4). eanor Roosevelt Human Rights Award, the f ‘‘(iv) CONTRACTING GOAL.—It shall be the NAACP Spingarn Award, the Kappa Alpha TEXT OF AMENDMENTS goal of the Federal Government, in the im- Psi Laurel Wreath, and more than 50 doc- plementation of energy- or water-saving or toral degrees; SA 1840. Mr. COONS submitted an conservation measures pursuant to para- Whereas the Reverend Dr. Sullivan eco- amendment intended to be proposed by graph (4), to enter into energy savings per- nomically empowered individuals and com- him to the bill S. 1392, to promote en- formance contracts or utility energy service bated poverty wherever he implemented pro- ergy savings in residential buildings contracts equal to $1,000,000,000 in each year grams; and industry, and for other purposes; during the 5-year period beginning on Janu- Whereas the Reverend Dr. Sullivan estab- which was ordered to lie on the table; ary 1, 2014. ‘‘(v) REPORT TO CONGRESS.—Not later than lished the African-African American sum- as follows: mits to bring together the leaders of African September 30 of each year during the 5-year countries, the United States, and other coun- At the end of title III, add the following: period referred to in clause (iv), each Federal tries; and SEC. 3ll. USE OF ENERGY AND WATER EFFI- agency shall submit to the Secretary infor- Whereas the Reverend Dr. Sullivan estab- CIENCY MEASURES IN FEDERAL mation regarding progress made by the agen- BUILDINGS. lished the Global Sullivan Principles (for cy towards achieving the goal described in Corporate Social Responsibility) in the late (a) FINDINGS.—Congress finds the fol- such clause. Not later than 60 days after each 1990s to apply the same type of principles for lowing: such September 30, the Secretary, acting countries and businesses throughout the (1) Private sector funding and expertise through the Federal Energy Management world: Now, therefore, be it can help address the energy efficiency chal- Program, shall submit to the Committee on Resolved by the Senate (the House of Rep- lenges facing the United States. Energy and Commerce of the House of Rep- resentatives concurring), That it is the sense (2) The Federal Government spends more resentatives and the Committee on Energy of Congress that— than $6 billion annually in energy costs. and Natural Resources of the Senate a report (1) the United States Postal Service should (3) Reducing Federal energy costs can help describing the progress made by the Federal issue a commemorative postage stamp hon- save money, create jobs, and reduce waste. Government towards achieving such goal.’’. oring the Reverend Doctor Leon Sullivan; (4) Energy savings performance contracts and and utility energy savings contracts are SA 1841. Mr. COONS submitted an (2) the Citizens’ Stamp Advisory Com- tools for utilizing private sector investment amendment intended to be proposed by mittee should recommend to the Postmaster to upgrade Federal facilities without any up- him to the bill S. 1392, to promote en- General that such a stamp be issued. front cost to the taxpayer. ergy savings in residential buildings (5) Performance contracting is a way to f and industry, and for other purposes; retrofit Federal buildings using private sec- which was ordered to lie on the table; AMENDMENTS SUBMITTED AND tor investment in the absence of appro- as follows: PROPOSED priated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect na- After section 401, insert the following: SA 1840. Mr. COONS submitted an amend- tional security, and cut facility operations SEC. ll. EXTENSION OF PUBLICLY TRADED ment intended to be proposed by him to the and maintenance costs. PARTNERSHIP OWNERSHIP STRUC- bill S. 1392, to promote energy savings in res- TURE TO ENERGY POWER GENERA- (b) IMPLEMENTATION OF IDENTIFIED ENERGY idential buildings and industry, and for other TION PROJECTS, TRANSPORTATION AND WATER EFFICIENCY MEASURES.—Section purposes; which was ordered to lie on the FUELS, AND RELATED ENERGY AC- 543(f)(4) of the National Energy Conservation table. TIVITIES. SA 1841. Mr. COONS submitted an amend- Policy Act (42 U.S.C. 8253(f)(4)) is amended to (a) SHORT TITLE.—This section may be ment intended to be proposed by him to the read as follows: cited as the ‘‘Master Limited Partnerships bill S. 1392, supra; which was ordered to lie ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY Parity Act’’. on the table. AND WATER EFFICIENCY MEASURES.— (b) GENERAL RULE.—Subparagraph (E) of SA 1842. Mr. COONS (for himself, Ms. COL- ‘‘(A) IN GENERAL.—Not later than 2 years section 7704(d)(1) of the Internal Revenue LINS, and Mr. REED) submitted an amend- after the completion of each evaluation Code of 1986 is amended— ment intended to be proposed by him to the under paragraph (3), each energy manager (1) by striking ‘‘income and gains derived bill S. 1392, supra; which was ordered to lie shall consider— from the exploration’’ and inserting ‘‘income on the table. ‘‘(i) implementing any energy- or water- and gains derived from the following: SA 1843. Mr. WICKER submitted an amend- saving or conservation measure that the ‘‘(i) MINERALS, NATURAL RESOURCES, ETC.— ment intended to be proposed by him to the Federal agency identified in the evaluation The exploration’’,

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.087 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6239 (2) by inserting ‘‘or’’ before ‘‘industrial date of the enactment of the Master Limited nonenergy benefits over the life of weather- source’’, Partnerships Parity Act).’’. ized homes; (3) by inserting a period after ‘‘carbon di- (d) EFFECTIVE DATE.—The amendments (F) serves as a foundation for residential oxide’’, and made by this section shall take effect on the energy efficiency retrofit standards, tech- (4) by striking ‘‘, or the transportation or date of the enactment of this Act, in taxable nical skills, and workforce training for the storage’’ and all that follows and inserting years ending after such date. emerging broader market and reduces resi- the following: dential and power plant emissions of carbon ‘‘(ii) RENEWABLE ENERGY.—The generation SA 1842. Mr. COONS (for himself, Ms. dioxide by 2.65 metric tons each year per of electric power exclusively utilizing any COLLINS, and Mr. REED) submitted an home; and resource described in section 45(c)(1) or en- amendment intended to be proposed by (G) has decreased national energy con- ergy property described in section 48 (deter- him to the bill S. 1392, to promote en- sumption by the equivalent of 24,100,000 bar- mined without regard to any termination ergy savings in residential buildings rels of oil annually; date), or in the case of a facility described in and industry, and for other purposes; (6) the WAP can be enhanced with the addi- paragraph (3) or (7) of section 45(d) (deter- which was ordered to lie on the table; tion of a targeted portion of the Federal mined without regard to any placed in serv- funds through an innovative program that ice date or date by which construction of the as follows: supports projects performed by qualified facility is required to begin), the accepting At the end of the bill, add the following: nonprofit organizations that have a dem- or processing of such resource. Subtitle B—Weatherization Enhancement onstrated capacity to build, renovate, repair, ‘‘(iii) ELECTRICITY STORAGE DEVICES.—The and Local Energy Efficiency Investment or improve the energy efficiency of a signifi- receipt and sale of electric power that has and Accountability cant number of low-income homes, building been stored in a device directly connected to SEC. 411. FINDINGS. on the success of the existing program with- the grid. Congress finds that— out replacing the existing WAP network or ‘‘(iv) COMBINED HEAT AND POWER.—The gen- (1) the State energy program established creating a separate delivery mechanism for eration, storage, or distribution of thermal under part D of title III of the Energy Policy basic WAP services; energy exclusively utilizing property de- and Conservation Act (42 U.S.C. 6321 et seq.) (7) the WAP has increased energy effi- scribed in section 48(c)(3) (determined with- (referred to in this section as ‘‘SEP’’) and ciency opportunities by promoting new, com- out regard to subparagraphs (B) and (D) the Weatherization Assistance Program for petitive public-private sector models of ret- thereof and without regard to any placed in Low-Income Persons established under part rofitting low-income homes through new service date). A of title IV of the Energy Conservation and Federal partnerships; ‘‘(v) RENEWABLE THERMAL ENERGY.—The Production Act (42 U.S.C. 6861 et seq.) (re- (8) improved monitoring and reporting of generation, storage, or distribution of ther- ferred to in this section as ‘‘WAP’’) have the work product of the WAP has yielded mal energy exclusively using any resource proven to be beneficial, long-term partner- benefits, and expanding independent described in section 45(c)(1) or energy prop- ships among Federal, State, and local part- verification of efficiency work will support erty described in clause (i) or (iii) of section ners; the long-term goals of the WAP; 48(a)(3)(A). (2) the SEP and the WAP have been reau- (9) reports of the Government Account- ‘‘(vi) WASTE HEAT TO POWER.—The use of re- thorized on a bipartisan basis over many ability Office in 2011, Inspector General’s of coverable waste energy, as defined in section years to address changing national, regional, the Department of Energy, and State audi- 371(5) of the Energy Policy and Conservation and State circumstances and needs, espe- tors have identified State-level deficiencies Act (42 U.S.C. 6341(5)) (as in effect on the cially through— in monitoring efforts that can be addressed date of the enactment of the Master Limited (A) the Energy Policy and Conservation in a manner that will ensure that WAP funds Partnerships Parity Act). Act (42 U.S.C. 6201 et seq.); are used more effectively; ‘‘(vii) RENEWABLE FUEL INFRASTRUCTURE.— (B) the Energy Conservation and Produc- (10) through the history of the WAP, the The storage or transportation of any fuel de- tion Act (42 U.S.C. 6801 et seq.); WAP has evolved with improvements in effi- scribed in subsection (b), (c), (d), or (e) of (C) the State Energy Efficiency Programs ciency technology, including, in the 1990s, section 6426. Improvement Act of 1990 (Public Law 101–440; many States adopting advanced home energy ‘‘(viii) RENEWABLE FUELS.—The production, 104 Stat. 1006); audits, which has led to great returns on in- storage, or transportation of any renewable (D) the Energy Policy Act of 1992 (42 U.S.C. vestment; and fuel described in section 211(o)(1)(J) of the 13201 et seq.); (11) as the home energy efficiency industry Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in (E) the Energy Policy Act of 2005 (42 U.S.C. has become more performance-based, the effect on the date of the enactment of the 15801 et seq.); and WAP should continue to use those advances Master Limited Partnerships Parity Act) or (F) the Energy Independence and Security in technology and the professional work- section 40A(d)(1). Act of 2007 (42 U.S.C. 17001 et seq.); force. ‘‘(ix) RENEWABLE CHEMICALS.—The produc- (3) the SEP, also known as the ‘‘State en- PART I—WEATHERIZATION ASSISTANCE tion, storage, or transportation of any re- ergy conservation program’’— PROGRAM newable chemical (as defined in paragraph (A) was first created in 1975 to implement (6)). a State-based, national program in support SEC. 421. REAUTHORIZATION OF WEATHERIZA- TION ASSISTANCE PROGRAM. ‘‘(x) ENERGY EFFICIENT BUILDINGS.—The of energy efficiency, renewable energy, eco- Section 422 of the Energy Conservation and nomic development, energy emergency pre- audit and installation through contract or Production Act (42 U.S.C. 6872) is amended paredness, and energy policy; and other agreement of any energy efficient by striking ‘‘appropriated—’’ and all that building property described in section (B) has come to operate in every sector of follows through the period at the end and in- 179D(c)(1). the economy in support of the private sector serting ‘‘appropriated $450,000,000 for each of ‘‘(xi) GASIFICATION WITH SEQUESTRATION.— to improve productivity and has dramati- fiscal years 2014 through 2018.’’. cally reduced the cost of government The production of any product from a project SEC. 422. GRANTS FOR NEW, SELF-SUSTAINING that meets the requirements of subpara- through energy savings at the State and LOW-INCOME, SINGLE-FAMILY AND graphs (A) and (B) of section 48B(c)(1) and local levels; MULTIFAMILY HOUSING ENERGY that separates and sequesters in secure geo- (4) Federal laboratory studies have con- RETROFIT MODEL PROGRAMS TO logical storage (as determined under section cluded that, for every Federal dollar invested ELIGIBLE MULTISTATE HOUSING 45Q(d)(2)) at least 75 percent of such project’s through the SEP, more than $7 is saved in AND ENERGY NONPROFIT ORGANI- total qualified carbon dioxide (as defined in energy costs and almost $11 in non-Federal ZATIONS. section 45Q(b)). funds is leveraged; The Energy Conservation and Production Act is amended by inserting after section ‘‘(xii) CARBON CAPTURE AND SEQUESTRA- (5) the WAP— 414B (42 U.S.C. 6864b) the following: TION.—The generation or storage of electric (A) was first created in 1976 to assist low- power produced from any facility which is a income families in response to the first oil ‘‘SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY AND qualified facility described in section 45Q(c) embargo; (B) has become the largest residential en- MULTIFAMILY HOUSING ENERGY and which disposes of any captured qualified RETROFIT MODEL PROGRAMS TO carbon dioxide (as defined in section 45Q(b)) ergy conservation program in the United ELIGIBLE MULTISTATE HOUSING in secure geological storage (as determined States, with more than 7,100,000 homes AND ENERGY NONPROFIT ORGANI- under section 45Q(d)(2)).’’. weatherized since the WAP was created; ZATIONS. (c) RENEWABLE CHEMICAL.—Section 7704(d) (C) saves an estimated 35 percent of con- ‘‘(a) PURPOSES.—The purposes of this sec- of such Code is amended by adding at the end sumption in the typical weatherized home, tion are— the following new paragraph: yielding average annual savings of $437 per ‘‘(1) to expand the number of low-income, ‘‘(6) RENEWABLE CHEMICAL.—The term ‘re- year in home energy costs; single-family and multifamily homes that newable chemical’ means a monomer, poly- (D) has created thousands of jobs in both receive energy efficiency retrofits; mer, plastic, formulated product, or chem- the construction sector and in the supply ‘‘(2) to promote innovation and new models ical substance produced from renewable bio- chain of materials suppliers, vendors, and of retrofitting low-income homes through mass (as defined in section 9001(12) of the manufacturers who supply the WAP; new Federal partnerships with covered orga- Farm Security and Rural Investment Act of (E) returns $2.51 in energy savings for nizations that leverage substantial dona- 2002 (7 U.S.C. 8101(12)), as in effect on the every Federal dollar spent in energy and tions, donated materials, volunteer labor,

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homeowner labor equity, and other private ‘‘(2) ADMINISTRATION.—To be eligible to re- under this section supersedes or otherwise sector resources; ceive a grant under this section, an applicant affects any State or local law, to the extent ‘‘(3) to assist the covered organizations in shall submit to the Secretary an application that the State or local law contains a re- demonstrating, evaluating, improving, and at such time, in such manner, and con- quirement that is more stringent than the replicating widely the model low-income en- taining such information as the Secretary applicable requirement of this section. ergy retrofit programs of the covered organi- may require. ‘‘(k) ANNUAL REPORTS.—The Secretary zations; and ‘‘(3) AWARDS.—Not later than 90 days after shall submit to Congress annual reports that ‘‘(4) to ensure that the covered organiza- the date of issuance of a request for pro- provide— tions make the energy retrofit programs of posals, the Secretary shall award grants ‘‘(1) findings; the covered organizations self-sustaining by under this section. ‘‘(2) a description of energy and cost sav- the time grant funds have been expended. ‘‘(f) ELIGIBLE USES OF GRANT FUNDS.—A ings achieved and actions taken under this ‘‘(b) DEFINITIONS.—In this section: grant under this section may be used for— section; and ‘‘(1) COVERED ORGANIZATION.—The term ‘‘(1) energy efficiency audits, cost-effective ‘‘(3) any recommendations for further ac- ‘covered organization’ means an organiza- retrofit, and related activities in different tion. tion that— climatic regions of the United States; ‘‘(l) FUNDING.—Of the amount of funds that ‘‘(A) is described in section 501(c)(3) of the ‘‘(2) energy efficiency materials and sup- are made available to carry out the Weather- Internal Revenue Code of 1986 and exempt plies; ization Assistance Program for each of fiscal from taxation under 501(a) of that Code; and ‘‘(3) organizational capacity— years 2014 through 2018 under section 422, the ‘‘(B) has an established record of con- ‘‘(A) to significantly increase the number Secretary shall use to carry out this sec- structing, renovating, repairing, or making of energy retrofits; tion— energy efficient a total of not less than 250 ‘‘(B) to replicate an energy retrofit pro- ‘‘(1) for fiscal year 2014— owner-occupied, single-family or multi- gram in other States; and ‘‘(A) 1 percent of the amount if the amount family homes per year for low-income house- ‘‘(C) to ensure that the program is self-sus- is less than $200,000,000; holds, either directly or through affiliates, taining after the Federal grant funds are ex- ‘‘(B) 2 percent of the amount if the amount chapters, or other direct partners (using the pended; is $200,000,000 or more but less than most recent year for which data are avail- ‘‘(4) energy efficiency, audit and retrofit $225,000,000; able). training, and ongoing technical assistance; ‘‘(C) 5 percent of the amount if the amount ‘‘(2) LOW-INCOME.—The term ‘low-income’ ‘‘(5) information to homeowners on proper is $225,000,000 or more but less than means an income level that is not more than maintenance and energy savings behaviors; $260,000,000; 200 percent of the poverty level (as deter- ‘‘(6) quality control and improvement; ‘‘(D) 10 percent of the amount if the mined in accordance with criteria estab- ‘‘(7) data collection, measurement, and amount is $260,000,000 or more but less than lished by the Director of the Office of Man- verification; $400,000,000; and agement and Budget) applicable to a family ‘‘(8) program monitoring, oversight, eval- ‘‘(E) 20 percent of the amount if the of the size involved, except that the Sec- uation, and reporting; amount is $400,000,000 or more; and retary may establish a higher or lower level ‘‘(9) management and administration (up ‘‘(2) for each of fiscal year 2015 through if the Secretary determines that a higher or to a maximum of 10 percent of the total 2018— lower level is necessary to carry out this sec- grant); ‘‘(A) 2 percent of the amount if the amount tion. ‘‘(10) labor and training activities; and is less than $225,000,000; ‘‘(3) WEATHERIZATION ASSISTANCE PROGRAM ‘‘(11) such other activities as the Secretary ‘‘(B) 5 percent of the amount if the amount FOR LOW-INCOME PERSONS.—The term ‘Weath- determines to be appropriate. is $225,000,000 or more but less than erization Assistance Program for Low-In- ‘‘(g) MAXIMUM AMOUNT.—The amount of a $260,000,000; come Persons’ means the program estab- grant provided under this section shall not ‘‘(C) 10 percent of the amount if the lished under this part (including part 440 of exceed— amount is $260,000,000 or more but less than title 10, Code of Federal Regulations). ‘‘(1) if the amount made available to carry $400,000,000; and ‘‘(c) COMPETITIVE GRANT PROGRAM.—The out this section for a fiscal year is ‘‘(D) 20 percent of the amount if the Secretary shall make grants to covered orga- $225,000,000 or more, $5,000,000; and amount is $400,000,000 or more.’’. nizations through a national competitive ‘‘(2) if the amount made available to carry SEC. 423. STANDARDS PROGRAM. process for use in accordance with this sec- out this section for a fiscal year is less than Section 415 of the Energy Conservation and tion. $225,000,000, $1,500,000. Production Act (42 U.S.C. 6865) is amended ‘‘(d) AWARD FACTORS.—In making grants ‘‘(h) GUIDELINES.— by adding at the end the following: under this section, the Secretary shall con- ‘‘(1) IN GENERAL.—Not later than 90 days sider— after the date of enactment of this section, ‘‘(f) STANDARDS PROGRAM.— ‘‘(1) the number of low-income homes the the Secretary shall issue guidelines to imple- ‘‘(1) CONTRACTOR QUALIFICATION.—Effective applicant— ment the grant program established under beginning January 1, 2015, to be eligible to ‘‘(A) has built, renovated, repaired, or this section. carry out weatherization using funds made available under this part, a contractor shall made more energy efficient as of the date of ‘‘(2) ADMINISTRATION.—The guidelines— the application; and ‘‘(A) shall not apply to the Weatherization be selected through a competitive bidding ‘‘(B) can reasonably be projected to build, Assistance Program for Low-Income Per- process and be— renovate, repair, or make energy efficient sons, in whole or major part; but ‘‘(A) accredited by the Building Perform- during the 10-year period beginning on the ‘‘(B) may rely on applicable provisions of ance Institute; date of the application; law governing the Weatherization Assistance ‘‘(B) an Energy Smart Home Performance ‘‘(2) the qualifications, experience, and Program for Low-Income Persons to estab- Team accredited under the Residential En- past performance of the applicant, including lish— ergy Services Network; or experience successfully managing and ad- ‘‘(i) standards for allowable expenditures; ‘‘(C) accredited by an equivalent accredita- ministering Federal funds; ‘‘(ii) a minimum savings-to-investment tion or program accreditation-based State ‘‘(3) the number and diversity of States and ratio; certification program approved by the Sec- climates in which the applicant works as of ‘‘(iii) standards— retary. the date of the application; ‘‘(I) to carry out training programs; ‘‘(2) GRANTS FOR ENERGY RETROFIT MODEL ‘‘(4) the amount of non-Federal funds, do- ‘‘(II) to conduct energy audits and program PROGRAMS.— nated or discounted materials, discounted or activities; ‘‘(A) IN GENERAL.—To be eligible to receive volunteer skilled labor, volunteer unskilled ‘‘(III) to provide technical assistance; a grant under section 414C, a covered organi- labor, homeowner labor equity, and other re- ‘‘(IV) to monitor program activities; and zation (as defined in section 414C(b)) shall sources the applicant will provide; ‘‘(V) to verify energy and cost savings; use a crew chief who— ‘‘(5) the extent to which the applicant ‘‘(iv) liability insurance requirements; and ‘‘(i) is certified or accredited in accordance could successfully replicate the energy ret- ‘‘(v) recordkeeping requirements, which with paragraph (1); and rofit program of the applicant and sustain shall include reporting to the Office of ‘‘(ii) supervises the work performed with the program after the grant funds have been Weatherization and Intergovernmental Pro- grant funds. expended; grams of the Department of Energy applica- ‘‘(B) VOLUNTEER LABOR.—A volunteer who ‘‘(6) regional diversity; ble data on each home retrofitted. performs work for a covered organization ‘‘(7) urban, suburban, and rural localities; ‘‘(i) REVIEW AND EVALUATION.—The Sec- that receives a grant under section 414C shall and retary shall review and evaluate the per- not be required to be certified under this ‘‘(8) such other factors as the Secretary de- formance of any covered organization that subsection if the volunteer is not directly in- termines to be appropriate. receives a grant under this section (which stalling or repairing mechanical equipment ‘‘(e) APPLICATIONS.— may include an audit), as determined by the or other items that require skilled labor. ‘‘(1) IN GENERAL.—Not later than 180 days Secretary. ‘‘(C) TRAINING.—The Secretary shall use after the date of enactment of this section, ‘‘(j) COMPLIANCE WITH STATE AND LOCAL training and technical assistance funds the Secretary shall request proposals from LAW.—Nothing in this section or any pro- available to the Secretary to assist covered covered organizations. gram carried out using a grant provided organizations under section 414C in providing

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training to obtain certification required this Act, the Secretary of Transportation or (3) HOMEOWNER.—The term ‘‘homeowner’’ under this subsection, including provisional the Secretary of Housing and Urban Develop- means the mortgagor under a covered loan. or temporary certification. ment shall give priority to eligible entities (4) MORTGAGEE.—The term ‘‘mortgagee’’ ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef- that did not have an unresolved audit finding means— fective beginning October 1, 2015, the Sec- during the 3 fiscal years prior to submitting (A) an original lender under a covered loan retary shall ensure that— an application for grant amounts appro- or the holder of a covered loan at the time at ‘‘(A) each retrofit for which weatherization priated or otherwise made available under which that mortgage transaction is con- assistance is provided under this part meets this Act. summated; minimum efficiency and quality of work (E) REIMBURSEMENT.—If an entity is award- (B) any affiliate, agent, subsidiary, suc- standards established by the Secretary after ed grant amounts appropriated or otherwise cessor, or assignee of an original lender weatherization of a dwelling unit; and made available under this Act during the 2- under a covered loan or the holder of a cov- ‘‘(B) at least 10 percent of the dwelling fiscal-year period in which the entity is ered loan at the time at which that mort- units are randomly inspected by a third barred from receiving grants under subpara- gage transaction is consummated; party accredited under this subsection to en- graph (B), the Secretary of Transportation (C) any servicer of a covered loan; and sure compliance with the minimum effi- or the Secretary of Housing and Urban De- (D) any subsequent purchaser, trustee, or ciency and quality of work standards estab- velopment shall recoup the costs of the re- transferee of any covered loan issued by an lished under subparagraph (A); and payment to the fund from the grant recipi- original lender. ‘‘(C) the standards established under this ent that was erroneously awarded grant (5) SECRETARY.—The term ‘‘Secretary’’ subsection meet or exceed the industry funds. means the Secretary of Housing and Urban standards for home performance work that (2) NONPROFIT ORGANIZATION REQUIRE- Development. are in effect on the date of enactment of this MENTS.— (6) SERVICER.—The term ‘‘servicer’’ means subsection, as determined by the Sec- (A) DEFINITION.—For purposes of this para- the person or entity responsible for the serv- retary.’’. graph and any grant programs described in icing of a covered loan, including the person this Act, the term ‘‘nonprofit organization’’ PART II—STATE ENERGY PROGRAM or entity who makes or holds a covered loan means an organization that is described in SEC. 431. REAUTHORIZATION OF STATE ENERGY if that person or entity also services the cov- section 501(c)(3) of the Internal Revenue Code ered loan. PROGRAM. of 1986 and is exempt from taxation under Section 365(f) of the Energy Policy and (7) SERVICING.—The term ‘‘servicing’’ has section 501(a) of such Code. Conservation Act (42 U.S.C. 6325(f)) is amend- the meaning given the term in section 6(i) of (B) PROHIBITION.—The Secretary of Trans- ed by striking ‘‘$125,000,000 for each of fiscal the Real Estate Settlement Procedures Act portation and the Secretary of Housing and of 1974 (12 U.S.C. 2605(i)). years 2007 through 2012’’ and inserting Urban Development may not award any (b) FINDINGS AND PURPOSES.— ‘‘$75,000,000 for each of fiscal years 2014 grant amounts appropriated or otherwise (1) FINDINGS.—Congress finds that— through 2018’’. made available under this Act to a nonprofit (A) energy costs for homeowners are a sig- organization that holds money in offshore SA 1843. Mr. WICKER submitted an nificant and increasing portion of their accounts for the purpose of avoiding paying household budgets; amendment intended to be proposed by the tax described in section 511(a) of the In- (B) household energy use can vary substan- him to the bill S. 1243, making appro- ternal Revenue Code of 1986. tially depending on the efficiency and char- priations for the Departments of (C) DISCLOSURE.—Each nonprofit organiza- acteristics of the house; Transportation, and Housing and tion that is a recipient of grant amounts ap- (C) expected energy cost savings are impor- propriated or otherwise made available Urban Development, and related agen- tant to the value of the house; under this Act and uses the procedures pre- cies for the fiscal year ending Sep- (D) the current test for loan affordability scribed in regulations to create a rebuttable tember 30, 2014, and for other purposes; used by most covered agencies, commonly presumption of reasonableness for the com- which was ordered to lie on the table; known as the ‘‘debt-to-income’’ test, is inad- pensation of its officers, directors, trustees equate because it does not take into account as follows: and key employees, shall disclose to the Sec- the expected energy cost savings for the On page 188, after line 24, insert the fol- retary of Transportation and the Secretary homeowner of an energy efficient home; and lowing: of Housing and Urban Development, in the (E) another loan limitation, commonly SEC. 422. Funds appropriated or otherwise application for the grant, the process for de- known as the ‘‘loan-to-value’’ test, is tied to made available by this Act for grants to be termining such compensation, including the the appraisal, which often does not adjust for awarded by the Secretary of Housing and independent persons involved in reviewing efficiency features of houses. Urban Development or the Secretary of and approving such compensation, the com- (2) PURPOSES.—The purposes of this section Transportation shall be subject to the fol- parability data used, and contemporaneous are to— lowing accountability provisions: substantiation of the deliberation and deci- (A) improve the accuracy of mortgage un- (1) AUDIT REQUIREMENT.— sion. Upon request, the Secretary of Trans- derwriting by Federal mortgage agencies by (A) IN GENERAL.—Beginning in the first fis- portation or the Secretary of Housing and ensuring that energy cost savings are in- cal year beginning after the date of the en- Urban Development shall make the informa- cluded in the underwriting process as de- actment of this title, and in each fiscal year tion disclosed under this paragraph available scribed below, and thus to reduce the thereafter, the Inspector Generals of the De- for public inspection. partment of Transportation and the Depart- amount of energy consumed by homes and to ment of Housing and Development shall con- SA 1844. Mr. ISAKSON (for himself facilitate the creation of energy efficiency retrofit and construction jobs; duct audits of any grant amounts appro- and Mr. BENNET) submitted an amend- priated or otherwise made available under (B) require a covered agency to include the ment intended to be proposed by him expected energy cost savings of a homeowner this Act to prevent waste, fraud, and abuse to the bill S. 1392, to promote energy of funds by grantees. The Inspectors General as a regular expense in the tests, such as the shall determine the appropriate number of savings in residential buildings and in- debt-to-income test, used to determine the such audits to be conducted each year. dustry, and for other purposes; which ability of the loan applicant to afford the (B) DEFINITION.—In this paragraph, the was ordered to lie on the table; as fol- cost of homeownership for all loan programs; term ‘‘unresolved audit finding’’ means a lows: and finding in the final audit report of the In- At the end of title IV, add the following: (C) require a covered agency to include the spectors General of the Department of SEC. 4lll. ENHANCED ENERGY EFFICIENCY value home buyers place on the energy effi- Transportation and the Department of Hous- UNDERWRITING. ciency of a house in tests used to compare ing and Urban Development that the grantee (a) DEFINITIONS.—In this section: the mortgage amount to home value, taking has utilized grant funds for an unauthorized (1) COVERED AGENCY.—The term ‘‘covered precautions to avoid double-counting and to expenditure or otherwise unallowable cost agency’’— support safe and sound lending. that is not closed or resolved within 12 (A) means— (c) ENHANCED ENERGY EFFICIENCY UNDER- months from the date when the final audit (i) an executive agency, as that term is de- WRITING CRITERIA.— report is issued. fined in section 102 of title 31, United States (1) IN GENERAL.—Not later than 1 year after (C) MANDATORY EXCLUSION.—A recipient of Code; and the date of enactment of this Act, the Sec- grant amounts appropriated or otherwise (ii) any other agency of the Federal Gov- retary shall, in consultation with the advi- made available under this Act that is found ernment; and sory group established in subsection (f)(2), to have an unresolved audit finding shall not (B) includes any enterprise, as that term is develop and issue guidelines for a covered be eligible to receive grant amounts appro- defined under section 1303 of the Federal agency to implement enhanced loan eligi- priated or otherwise made available under Housing Enterprises Financial Safety and bility requirements, for use when testing the this title during the following 2 fiscal years Soundness Act of 1992 (12 U.S.C. 4502). ability of a loan applicant to repay a covered beginning after the end of the 12-month pe- (2) COVERED LOAN.—The term ‘‘covered loan, that account for the expected energy riod described under subparagraph (A). loan’’ means a loan secured by a home that cost savings for a loan applicant at a subject (D) PRIORITY.—In awarding amounts appro- is issued, insured, purchased, or securitized property, in the manner set forth in para- priated or otherwise made available under by a covered agency. graphs (2) and (3).

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(2) REQUIREMENTS TO ACCOUNT FOR ENERGY (A) typical energy cost savings that would (3) DETERMINATION OF ESTIMATED ENERGY COST SAVINGS.—The enhanced loan eligibility be possible from a cost-effective energy up- SAVINGS.— requirements under paragraph (1) shall re- grade of a home of the size and in the region (A) AMOUNT OF ENERGY SAVINGS.—The quire that, for all covered loans for which an of the subject property; amount of estimated energy savings shall be energy efficiency report is voluntarily pro- (B) the impact the typical energy cost sav- determined by calculating the difference be- vided to the mortgagee by the mortgagor, ings would have on monthly ownership costs tween the estimated energy costs for the av- the covered agency and the mortgagee shall of a typical home; erage comparable houses, as determined in take into consideration the estimated energy (C) the impact on the size of a mortgage guidelines to be issued under paragraph (1), cost savings expected for the owner of the that could be obtained if the typical energy and the estimated energy costs for the sub- subject property in determining whether the cost savings were reflected in an energy effi- ject property based upon the energy effi- loan applicant has sufficient income to serv- ciency report; and ciency report. ice the mortgage debt plus other regular ex- (D) resources for improving the energy effi- (B) DURATION OF ENERGY SAVINGS.—The du- penses. To the extent that a covered agency ciency of a home. ration of the estimated energy savings shall uses a test such as a debt-to-income test (6) LIMITATIONS.—A covered agency shall be based upon the estimated life of the appli- that includes certain regular expenses, such not— cable equipment, consistent with the rating as hazard insurance and property taxes, the (A) modify existing underwriting criteria system used to produce the energy efficiency expected energy cost savings shall be in- or adopt new underwriting criteria that in- report. tentionally negate or reduce the impact of cluded as an offset to these expenses. Energy (C) PRESENT VALUE OF ENERGY SAVINGS.— the requirements or resulting benefits that costs to be assessed include the cost of elec- The present value of the future savings shall are set forth or otherwise derived from the tricity, natural gas, oil, and any other fuel be discounted using the average interest rate enhanced loan eligibility requirements re- regularly used to supply energy to the sub- on conventional 30-year mortgages, in the quired under this subsection; or ject property. manner directed by guidelines issued under (B) impose greater buy back requirements, (3) DETERMINATION OF ESTIMATED ENERGY paragraph (1). credit overlays, insurance requirements, in- COST SAVINGS.— (4) ENSURING CONSIDERATION OF ENERGY EF- cluding private mortgage insurance, or any (A) IN GENERAL.—The guidelines to be FICIENT FEATURES.—Section 1110 of the Fi- other material costs, impediments, or pen- issued under paragraph (1) shall include in- alties on covered loans merely because the nancial Institutions Reform, Recovery, and structions for the covered agency to cal- loan uses an energy efficiency report or the Enforcement Act of 1989 (12 U.S.C. 3339) is culate estimated energy cost savings using— enhanced loan eligibility requirements re- amended— (i) the energy efficiency report; quired under this subsection. (A) in paragraph (2), by striking ‘‘; and’’ (ii) an estimate of baseline average energy and inserting a semicolon; and (7) APPLICABILITY AND IMPLEMENTATION costs; and DATE.—Not later than 3 years after the date (B) in paragraph (3), by striking the period (iii) additional sources of information as of enactment of this Act, and before Decem- at the end and inserting ‘‘; and’’ and insert- determined by the Secretary. ber 31, 2016, the enhanced loan eligibility re- ing after paragraph (3) the following: (B) REPORT REQUIREMENTS.—For the pur- quirements required under this subsection ‘‘(4) that State certified and licensed ap- poses of subparagraph (A), an energy effi- shall be implemented by each covered agen- praisers have timely access, whenever prac- ciency report shall— cy to— ticable, to information from the property (i) estimate the expected energy cost sav- (A) apply to any covered loan for the sale, owner and the lender that may be relevant in ings specific to the subject property, based or refinancing of any loan for the sale, of any developing an opinion of value regarding the on specific information about the property; home; energy- and water-saving improvements or (ii) be prepared in accordance with the (B) be available on any residential real features of a property, such as— guidelines to be issued under paragraph (1); property (including individual units of con- ‘‘(A) labels or ratings of buildings; and dominiums and cooperatives) that qualifies ‘‘(B) installed appliances, measures, sys- (iii) be prepared— for a covered loan; and tems or technologies; (I) in accordance with the Residential En- (C) provide prospective mortgagees with ‘‘(C) blueprints; ergy Service Network’s Home Energy Rating sufficient guidance and applicable tools to ‘‘(D) construction costs; System (commonly known as ‘‘HERS’’) by an implement the required underwriting meth- ‘‘(E) financial or other incentives regard- individual certified by the Residential En- ods. ing energy- and water-efficient components ergy Service Network, unless the Secretary (d) ENHANCED ENERGY EFFICIENCY UNDER- and systems installed in a property; finds that the use of HERS does not further WRITING VALUATION GUIDELINES.— ‘‘(F) utility bills; the purposes of this section; or (1) IN GENERAL.—Not later than 1 year after ‘‘(G) energy consumption and (II) by other methods approved by the Sec- the date of enactment of this Act, the Sec- benchmarking data; and retary, in consultation with the Secretary of retary shall— ‘‘(H) third-party verifications or represen- Energy and the advisory group established in (A) in consultation with the Federal Fi- tations of energy and water efficiency per- subsection (f)(2), for use under this section, nancial Institutions Examination Council formance of a property, observing all finan- which shall include a third-party quality as- and the advisory group established in sub- cial privacy requirements adhered to by cer- surance procedure. section (f)(2), develop and issue guidelines for tified and licensed appraisers, including sec- (C) USE BY APPRAISER.—If an energy effi- a covered agency to determine the maximum tion 501 of the Gramm-Leach-Bliley Act (15 ciency report is used under paragraph (2), the permitted loan amount based on the value of U.S.C. 6801). energy efficiency report shall be provided to the property for all covered loans made on Unless a property owner consents to a lend- the appraiser to estimate the energy effi- properties with an energy efficiency report er, an appraiser, in carrying out the require- ciency of the subject property and for poten- that meets the requirements of subsection ments of paragraph (4), shall not have access tial adjustments for energy efficiency. (c)(3)(B); and to the commercial or financial information (4) REQUIRED DISCLOSURE TO CONSUMER FOR (B) in consultation with the Secretary of of the owner that is privileged or confiden- A HOME WITH AN ENERGY EFFICIENCY REPORT.— Energy, issue guidelines for a covered agency tial.’’. If an energy efficiency report is used under to determine the estimated energy savings (5) TRANSACTIONS REQUIRING STATE CER- paragraph (2), the guidelines to be issued under paragraph (3) for properties with an TIFIED APPRAISERS.—Section 1113 of the Fi- under paragraph (1) shall require the mort- energy efficiency report. nancial Institutions Reform, Recovery, and gagee to— (2) REQUIREMENTS.—The enhanced energy Enforcement Act of 1989 (12 U.S.C. 3342) is (A) inform the loan applicant of the ex- efficiency underwriting valuation guidelines amended— pected energy costs as estimated in the en- required under paragraph (1) shall include— (A) in paragraph (1), by inserting before ergy efficiency report, in a manner and at a (A) a requirement that if an energy effi- the semicolon the following: ‘‘, or any real time as prescribed by the Secretary, and if ciency report that meets the requirements of property on which the appraiser makes ad- practicable, in the documents delivered at subsection (c)(3)(B) is voluntarily provided justments using an energy efficiency re- the time of loan application; and to the mortgagee, such report shall be used port’’; and (B) include the energy efficiency report in by the mortgagee or covered agency to deter- (B) in paragraph (2), by inserting after the documentation for the loan provided to mine the estimated energy savings of the ‘‘atypical’’ the following: ‘‘, or an appraisal the borrower. subject property; and on which the appraiser makes adjustments (5) REQUIRED DISCLOSURE TO CONSUMER FOR (B) a requirement that the estimated en- using an energy efficiency report.’’. A HOME WITHOUT AN ENERGY EFFICIENCY RE- ergy savings of the subject property be added (6) PROTECTIONS.— PORT.—If an energy efficiency report is not to the appraised value of the subject prop- (A) AUTHORITY TO IMPOSE LIMITATIONS.— used under paragraph (2), the guidelines to erty by a mortgagee or covered agency for The guidelines to be issued under paragraph be issued under paragraph (1) shall require the purpose of determining the loan-to-value (1) shall include such limitations and condi- the mortgagee to inform the loan applicant ratio of the subject property, unless the ap- tions as determined by the Secretary to be in a manner and at a time as prescribed by praisal includes the value of the overall en- necessary to protect against meaningful the Secretary, and if practicable, in the doc- ergy efficiency of the subject property, using under or over valuation of energy cost sav- uments delivered at the time of loan applica- methods to be established under the guide- ings or duplicative counting of energy effi- tion of— lines issued under paragraph (1). ciency features or energy cost savings in the

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.091 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6243 valuation of any subject property that is portation costs and water costs. The Sec- government officials, nonprofit organiza- used to determine a loan amount. retary shall forward any legislative rec- tions, and other appropriate entities, to sup- (B) ADDITIONAL AUTHORITY.—At the end of ommendations from the advisory group to port the initiation of the projects; the 7-year period following the implementa- Congress for its consideration. ‘‘(C) provide technical assistance for tion of enhanced eligibility and underwriting States, local educational agencies, and valuation requirements under this section, SA 1845. Mr. UDALL, of Colorado (for schools to help develop and finance energy the Secretary may modify or apply addi- himself and Ms. COLLINS) submitted an efficiency, renewable energy, and energy ret- tional exceptions to the approach described amendment intended to be proposed by rofitting projects— in paragraph (2), where the Secretary finds him to the bill S. 1392, to promote en- ‘‘(i) to increase the energy efficiency of that the unadjusted appraisal will reflect an ergy savings in residential buildings buildings or facilities; accurate market value of the efficiency of ‘‘(ii) to install systems that individually the subject property or that a modified ap- and industry, and for other purposes; generate energy from renewable energy re- proach will better reflect an accurate mar- which was ordered to lie on the table; sources; ket value. as follows: ‘‘(iii) to establish partnerships to leverage (7) APPLICABILITY AND IMPLEMENTATION At the end of title III, add the following: economies of scale and additional financing DATE.—Not later than 3 years after the date SEC. 3lll. COORDINATION OF ENERGY RETRO- mechanisms available to larger clean energy of enactment of this Act, and before Decem- FITTING ASSISTANCE FOR SCHOOLS. initiatives; or ber 31, 2016, each covered agency shall imple- Section 392 of the Energy Policy and Con- ‘‘(iv) to promote— ment the guidelines required under this sub- servation Act (42 U.S.C. 6371a) is amended by ‘‘(I) the maintenance of health, environ- section, which shall— adding at the end the following: mental quality, and safety in schools, includ- (A) apply to any covered loan for the sale, ‘‘(e) COORDINATION OF ENERGY RETRO- ing the ambient air quality, through energy or refinancing of any loan for the sale, of any FITTING ASSISTANCE FOR SCHOOLS.— efficiency, renewable energy, and energy ret- home; and ‘‘(1) DEFINITION OF SCHOOL.—In this sub- rofit projects; and (B) be available on any residential real section, the term ‘school’ means— ‘‘(II) the achievement of expected energy property, including individual units of con- ‘‘(A) an elementary school or secondary savings and renewable energy production dominiums and cooperatives, that qualifies school (as defined in section 9101 of the Ele- through proper operations and maintenance for a covered loan. practices; (e) MONITORING.—Not later than 1 year mentary and Secondary Education Act of 1965 (20 U.S.C. 7801)); ‘‘(D) develop and maintain a single online after the date on which the enhanced eligi- resource Web site with contact information bility and underwriting valuation require- ‘‘(B) an institution of higher education (as for relevant technical assistance and support ments are implemented under this section, defined in section 102(a) of the Higher Edu- staff in the Office of Energy Efficiency and and every year thereafter, each covered cation Act of 1965 (20 U.S.C. 1002(a)); Renewable Energy for States, local edu- agency with relevant activity shall issue and ‘‘(C) a school of the defense dependents’ cational agencies, and schools to effectively make available to the public a report that— education system under the Defense Depend- access and use Federal opportunities and as- (1) enumerates the number of covered loans ents’ Education Act of 1978 (20 U.S.C. 921 et sistance described in subparagraph (A) to de- of the agency for which there was an energy seq.) or established under section 2164 of title velop energy efficiency, renewable energy, efficiency report, and that used energy effi- 10, United States Code; and energy retrofitting projects; and ciency appraisal guidelines and enhanced ‘‘(D) a school operated by the Bureau of In- ‘‘(E) establish a process for recognition of loan eligibility requirements; and dian Affairs; schools that— (2) includes the default rates and rates of ‘‘(E) a tribally controlled school (as de- ‘‘(i) have successfully implemented energy foreclosures for each category of loans. fined in section 5212 of the Tribally Con- (f) RULEMAKING.— trolled Schools Act of 1988 (25 U.S.C. 2511)); efficiency, renewable energy, and energy ret- (1) IN GENERAL.—The Secretary shall pre- and rofitting projects; and scribe regulations to carry out this section, ‘‘(F) a Tribal College or University (as de- ‘‘(ii) are willing to serve as resources for in consultation with the Secretary of Energy fined in section 316(b) of the Higher Edu- other local educational agencies and schools and the advisory group established in para- cation Act of 1965 (20 U.S.C. 1059c(b))). to assist initiation of similar efforts. graph (2), which may contain such classifica- ‘‘(2) DESIGNATION OF LEAD AGENCY.—The ‘‘(4) REPORT.—Not later than 180 days after tions, differentiations, or other provisions, Secretary, acting through the Office of En- the date of enactment of this subsection, the and may provide for such proper implemen- ergy Efficiency and Renewable Energy, shall Secretary shall submit to Congress a report tation and appropriate treatment of different act as the lead Federal agency for coordi- describing the implementation of this sub- types of transactions, as the Secretary deter- nating and disseminating information on ex- section.’’. mines are necessary or proper to effectuate isting Federal programs and assistance that the purposes of this section, to prevent cir- may be used to help initiate, develop, and fi- SA 1846. Mr. UDALL, of Colorado (for cumvention or evasion thereof, or to facili- nance energy efficiency, renewable energy, himself and Mr. RISCH) submitted an tate compliance therewith. and energy retrofitting projects for schools. amendment intended to be proposed by (2) ADVISORY GROUP.—To assist in carrying ‘‘(3) REQUIREMENTS.—In carrying out co- him to the bill S. 1392, to promote en- out this section, the Secretary shall estab- ordination and outreach under paragraph (2), ergy savings in residential buildings lish an advisory group, consisting of individ- the Secretary shall— and industry, and for other purposes; ‘‘(A) in consultation and coordination with uals representing the interests of— which was ordered to lie on the table; (A) mortgage lenders; the appropriate Federal agencies, carry out a (B) appraisers; review of existing programs and financing as follows: (C) energy raters and residential energy mechanisms (including revolving loan funds Strike section 301 and insert the following: consumption experts; and loan guarantees) available in or from the SEC. 301. ENERGY-EFFICIENT AND ENERGY-SAV- (D) energy efficiency organizations; Department of Agriculture, the Department ING INFORMATION AND COMMU- (E) real estate agents; of Energy, the Department of Education, the NICATIONS TECHNOLOGIES. (F) home builders and remodelers; Department of the Treasury, the Internal Section 543 of the National Energy Con- (G) State energy officials; and Revenue Service, the Environmental Protec- servation Policy Act (42 U.S.C. 8253) is (H) others as determined by the Secretary. tion Agency, and other appropriate Federal amended— (g) ADDITIONAL STUDY.— agencies with jurisdiction over energy fi- (1) by redesignating the second subsection (1) IN GENERAL.—Not later than 18 months nancing and facilitation that are currently (f) (relating to large capital energy invest- after the date of enactment of this Act, the used or may be used to help initiate, develop, ments) as subsection (g); and Secretary shall reconvene the advisory group and finance energy efficiency, renewable en- (2) by adding at the end the following: established in subsection (f)(2), in addition to ergy, and energy retrofitting projects for ‘‘(h) FEDERAL IMPLEMENTATION STRATEGY water and locational efficiency experts, to schools; FOR ENERGY-EFFICIENT AND ENERGY-SAVING advise the Secretary on the implementation ‘‘(B) establish a Federal cross-depart- INFORMATION AND COMMUNICATIONS TECH- of the enhanced energy efficiency under- mental collaborative coordination, edu- NOLOGIES.— writing criteria established in subsections cation, and outreach effort to streamline ‘‘(1) IN GENERAL.—Not later than 1 year (c) and (d). communication and promote available Fed- after the date of enactment of this sub- (2) RECOMMENDATIONS.—The advisory group eral opportunities and assistance described section, each Federal agency shall collabo- established in subsection (f)(2) shall provide in subparagraph (A), for energy efficiency, rate with the Director of the Office of Man- recommendations to the Secretary on any renewable energy, and energy retrofitting agement and Budget (referred to in this sub- revisions or additions to the enhanced en- projects that enables States, local edu- section as the ‘Director’) to develop an im- ergy efficiency underwriting criteria deemed cational agencies, and schools— plementation strategy (including best-prac- necessary by the group, which may include ‘‘(i) to use existing Federal opportunities tices and measurement and verification alternate methods to better account for more effectively; and techniques) for the maintenance, purchase, home energy costs and additional factors to ‘‘(ii) to form partnerships with Governors, and use by the Federal agency of energy-effi- account for substantial and regular costs of State energy programs, local educational, ficient and energy-saving information and homeownership such as location-based trans- nancial, and energy officials, State and local communications technologies and practices.

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‘‘(2) CONTENT.—Each implementation strat- ‘‘(1) IN GENERAL.—Not later than 30 days mation and communications technology sys- egy shall be flexible, cost-effective, and after the date of enactment of the Energy tems and related infrastructure.’’. based on the specific operating requirements Savings and Industrial Competitiveness Act and statutory mission of the agency. of 2013, the Secretary and the Administrator SA 1847. Mr. BENNET (for himself ‘‘(3) ADMINISTRATION.—In developing an im- shall— and Ms. AYOTTE) submitted an amend- plementation strategy, each Federal agency ‘‘(A) designate an established information ment intended to be proposed by him shall— technology industry organization to coordi- to the bill S. 1392, to promote energy ‘‘(A) consider information and communica- nate the program described in subsection (b); savings in residential buildings and in- tions technologies (referred to in this sub- and dustry, and for other purposes; which section as ‘ICT’) and related infrastructure ‘‘(B) make the designation public, includ- and practices, such as— was ordered to lie on the table; as fol- ing on an appropriate website.’’; lows: ‘‘(i) advanced metering infrastructure; (2) by striking subsections (e) and (f) and ‘‘(ii) ICT services and products; inserting the following: At the end of title I, add the following: ‘‘(iii) efficient data center strategies and ‘‘(e) STUDY.—The Secretary, with assist- Subtitle C—Energy Efficiency Measures in methods of increasing ICT asset and related ance from the Administrator, shall— Commercial Buildings infrastructure utilization; ‘‘(1) not later than December 31, 2013, make SEC. 121. SEPARATE SPACES WITH HIGH-PER- ‘‘(iv) ICT and related infrastructure power available to the public an update to the Re- FORMANCE ENERGY EFFICIENCY management; port to Congress on Server and Data Center MEASURES. ‘‘(v) building information modeling, in- Energy Efficiency published on August 2, Subtitle B of title IV of the Energy Inde- cluding building energy management; and 2007, under section 1 of Public Law 109–431 pendence and Security Act of 2007 (42 U.S.C. ‘‘(vi) secure telework and travel substi- (120 Stat. 2920), that provides— 17081 et seq.) is amended by adding at the end tution tools; and ‘‘(A) a comparison and gap analysis of the the following: ‘‘(B) ensure that the agency realizes the estimates and projections contained in the ‘‘SEC. 424. SEPARATE SPACES WITH HIGH-PER- savings and rewards brought about through FORMANCE ENERGY EFFICIENCY original report with new data regarding the MEASURES. increased efficiency and utilization. period from 2007 through 2012; ‘‘(4) PERFORMANCE GOALS.— ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) an analysis considering the impact of ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY ‘‘(A) IN GENERAL.—Not later than 180 days information and communications tech- after the date of enactment of this sub- MEASURE.—The term ‘high-performance en- nologies asset and related infrastructure uti- ergy efficiency measure’ means a tech- section, the Director, in consultation with lization solutions, to include virtualization the Secretary, shall establish performance nology, product, or practice that will result and cloud computing-based solutions, in the in substantial operational cost savings by re- goals for evaluating the efforts of Federal public and private sectors; and agencies in improving the maintenance, pur- ducing energy consumption and utility costs. ‘‘(C) updated projections and recommenda- chase, and use of energy-efficient and en- ‘‘(2) SEPARATE SPACES.—The term ‘separate tions for best practices; and ergy-saving information and communica- spaces’ means areas within a commercial ‘‘(2) collaborate with the organization des- tions technology systems and practices. building that are leased or otherwise occu- ignated under subsection (c) in preparing the ‘‘(B) BEST PRACTICES.—The Director shall pied by a tenant or other occupant for a pe- report. supplement the performance goals estab- riod of time pursuant to the terms of a writ- ATA CENTER ENERGY PRACTITIONER lished under this paragraph with rec- ‘‘(f) D ten agreement. ommendations on best practices for the at- PROGRAM.— ‘‘(b) STUDY.— tainment of the performance goals, to in- ‘‘(1) IN GENERAL.—The Secretary, in col- ‘‘(1) IN GENERAL.—Not later than 1 year clude a requirement for agencies to evaluate laboration with the organization designated after the date of enactment of this section, the use of energy savings performance con- under subsection (c) and in consultation with the Secretary, acting through the Assistant tracting and utility energy services con- the Administrator for the Office of E-Gov- Secretary of Energy Efficiency and Renew- tracting as preferred acquisition methods. ernment and Information Technology within able Energy, shall complete a study on the ‘‘(C) ADMINISTRATION.—The performance the Office of Management and Budget, shall feasibility of— goals established under this paragraph maintain a data center energy practitioner ‘‘(A) significantly improving energy effi- shall— program that leads to the certification of en- ciency in commercial buildings through the ‘‘(i) measure information technology costs ergy practitioners qualified to evaluate the design and construction, by owners and ten- over a specific time period of 3 to 5 years; energy usage and efficiency opportunities in ants, of separate spaces with high-perform- ‘‘(ii) measure cost savings attained via the data centers. ance energy efficiency measures; and use of energy-efficient and energy-saving in- ‘‘(2) EVALUATIONS.—Each Federal agency ‘‘(B) encouraging owners and tenants to formation and communications solutions shall have the data centers of the agency implement high-performance energy effi- during the same time period; and evaluated every 4 years by energy practi- ciency measures in separate spaces. ‘‘(iii) provide, to the maximum extent tioners certified pursuant to the program, ‘‘(2) SCOPE.—The study shall, at a min- practicable, a complete picture of all costs whenever practicable using certified practi- imum, include— and savings, including energy costs and sav- tioners employed by the agency.’’; ‘‘(A) descriptions of— ings. (3) by redesignating subsection (g) as sub- ‘‘(i) high-performance energy efficiency ‘‘(5) REPORTS.— section (j); and measures that should be considered as part ‘‘(A) AGENCY REPORTS.—Each Federal agen- (4) by inserting after subsection (f) the fol- of the initial design and construction of sep- cy subject to the requirements of this sub- lowing: arate spaces; section shall include in the report of the ‘‘(g) OPEN DATA INITIATIVE.— ‘‘(ii) processes that owners, tenants, archi- agency under section 527 of the Energy Inde- ‘‘(1) IN GENERAL.—The Secretary, in col- tects, and engineers may replicate when dependence and Security Act of 2007 (42 U.S.C. laboration with the organization designated signing and constructing separate spaces 17143) a description of the efforts and results under subsection (c) and in consultation with with high-performance energy efficiency of the agency under this subsection. the Administrator for the Office of E-Gov- measures; ‘‘(B) OMB GOVERNMENT EFFICIENCY REPORTS ernment and Information Technology within ‘‘(iii) standards and best practices to AND SCORECARDS.—Effective beginning not the Office of Management and Budget, shall achieve appropriate energy intensities for later than October 1, 2013, the Director shall establish an open data initiative for Federal lighting, plug loads, pipe loads, heating, include in the annual report and scorecard of data center energy usage data, with the pur- cooling, cooking, laundry, and other systems the Director required under section 528 of the pose of making the data available and acces- to satisfy the needs of the commercial build- Energy Independence and Security Act of sible in a manner that empowers further ing tenant; 2007 (42 U.S.C. 17144) a description of the ef- data center innovation while protecting ‘‘(iv) return on investment and payback forts and results of Federal agencies under United States national security interests. analyses of the incremental cost and pro- this subsection. ‘‘(2) ADMINISTRATION.—In establishing the jected energy savings of the proposed set of ‘‘(C) USE OF EXISTING REPORTING STRUC- initiative, the Secretary shall consider use of high-performance energy efficiency meas- TURES.—The Director may require Federal the online Data Center Maturity Model. ures, including consideration of tax and agencies to submit any information required ‘‘(h) INTERNATIONAL SPECIFICATIONS AND other available incentives; to be submitted under this subsection METRICS.—The Secretary, in collaboration ‘‘(v) models and simulation methods that though reporting structures in use as of the with the organization designated under sub- predict the quantity of energy used by sepa- date of enactment of the Energy Savings and section (c), shall actively participate in ef- rate spaces with high-performance energy ef- Industrial Competitiveness Act of 2013.’’. forts to harmonize global specifications and ficiency measures and that compare that At the end of title III, add the following: metrics for data center energy efficiency. predicted quantity to the quantity of energy SEC. 304. ENERGY EFFICIENT DATA CENTERS. ‘‘(i) ICT ASSET UTILIZATION METRIC.—The used by separate spaces without high-per- Section 453 of the Energy Independence Secretary, in collaboration with the organi- formance energy efficiency measures but and Security Act of 2007 (42 U.S.C. 17112) is zation designated under subsection (c), shall that otherwise comply with applicable build- amended— assist in the development of an efficiency ing code requirements; (1) in subsection (c), by striking paragraph metric that measures the energy efficiency ‘‘(vi) measurement and verification plat- (1) and inserting the following: of the overall data center, including infor- forms demonstrating actual energy use of

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high-performance energy efficiency measures ‘‘(e) RECOGNITION OF OWNERS AND TEN- Secretary shall maintain an operations cen- installed in separate spaces, and whether the ANTS.— ter to provide support and facilitate the measures generate the savings intended in ‘‘(1) OCCUPANCY-BASED RECOGNITION.—Not movement of severely injured or disabled the initial design and construction of the later than 1 year after the date on which the members of the Armed Forces and severely separate spaces; data described in subsection (d) is received, injured or disabled veterans through pas- ‘‘(vii) best practices that encourage an in- the Secretary and the Administrator of the senger screening prior to boarding a pas- tegrated approach to designing and con- Environmental Protection Agency shall, fol- senger aircraft operated by an air carrier or structing separate spaces to perform at opti- lowing an opportunity for public notice and foreign air carrier in air transportation or mum energy efficiency in conjunction with comment— intrastate air transportation. the central systems of a commercial build- ‘‘(A) in a manner similar to the Energy ‘‘(c) PROTOCOLS.—The Assistant Secretary ing; and Star rating system for commercial buildings, shall— ‘‘(viii) any impact on employment result- develop voluntary policies and procedures to ‘‘(1) establish and publish protocols, in con- ing from the design and construction of sepa- recognize tenants that voluntarily achieve sultation with the Secretary of Defense, the rate spaces with high-performance energy ef- high levels of energy efficiency in separate Secretary of Veterans Affairs, and the orga- ficiency measures; and spaces; nizations identified under subsection (a), ‘‘(B) case studies reporting economic and ‘‘(B) establish building occupancy cat- under which a severely injured or disabled energy saving returns in the design and con- egories eligible for Tenant Star recognition member of the Armed Forces or severely in- struction of separate spaces with high-per- based on the data collected under subsection jured or disabled veteran, or the family formance energy efficiency measures. (d)(1) and any associated results; and member or other representative of such ‘‘(3) PUBLIC PARTICIPATION.—Not later than ‘‘(C) consider other forms of recognition member or veteran, may contact the oper- 90 days after the date of enactment of this for commercial building tenants or other oc- ations center maintained under subsection section, the Secretary shall publish a notice cupants that lower energy consumption in (b) and request the expedited passenger in the Federal Register requesting public separate spaces. screening services described in subsection (a) comments regarding effective methods, ‘‘(2) DESIGN- AND CONSTRUCTION-BASED REC- for that member or veteran; and measures, and practices for the design and OGNITION.—After the study required under ‘‘(2) upon receipt of a request under para- construction of separate spaces with high- section 424(b) is completed and following an graph (1), require the operations center to performance energy efficiency measures. opportunity for public notice and comment, notify the appropriate Federal Security Di- ‘‘(4) PUBLICATION.—The Secretary shall the Administrator of the Environmental rector of the request for expedited passenger publish the study on the website of the De- Protection and the Secretary may develop a screening services, as described in subsection partment of Energy.’’. voluntary program to recognize commercial (a), for that member or veteran. SEC. 122. TENANT STAR PROGRAM. building owners and tenants that use high- ‘‘(d) TRAINING.—The Assistant Secretary Subtitle B of title IV of the Energy Inde- performance energy efficiency measures in shall integrate training on the protocols es- pendence and Security Act of 2007 (42 U.S.C. the design and construction of separate tablished under subsection (c) into the train- 17081 et seq.) (as amended by section 121) is spaces.’’. ing provided to all employees who will regu- amended by adding at the end the following: larly provide the passenger screening serv- ‘‘SEC. 425. TENANT STAR PROGRAM. SA 1848. Mr. REID (for Mr. PRYOR ices described in subsection (a). ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ‘‘(a) DEFINITIONS.—In this section: (for himself, Ms. AYOTTE, and Mr. this section shall affect the authority of the ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY COBURN)) proposed an amendment to MEASURE.—The term ‘high-performance en- Assistant Secretary to require additional the bill H.R. 1344, to amend title 49, screening of a severely injured or disabled ergy efficiency measure’ has the meaning United States Code, to direct the As- given the term in section 424. member of the Armed Forces, a severely in- ‘‘(2) SEPARATE SPACES.—The term ‘separate sistant Secretary of Homeland Secu- jured or disabled veteran, or their accom- spaces’ has the meaning given the term in rity (Transportation Security Adminis- panying family members or nonmedical at- section 424. tration) to provide expedited air pas- tendants, if intelligence, law enforcement, or ‘‘(b) TENANT STAR.—The Administrator of senger screening to severely injured or other information indicates that additional the Environmental Protection Agency and disabled members of the Armed Forces screening is necessary. ‘‘(f) REPORT.—Not later than 1 year after the Secretary shall develop a voluntary pro- and severely injured or disabled vet- gram within the Energy Star program estab- the date of enactment of this section, and lished by section 324A of the Energy Policy erans, and for other purposes; as fol- annually thereafter, the Assistant Secretary and Conservation Act (42 U.S.C. 6294a), which lows: shall submit to Congress a report on the im- may be known as Tenant Star, to promote Strike all after the enacting clause and in- plementation of this section. Each report energy efficiency in separate spaces leased sert the following: shall include each of the following: by tenants or otherwise occupied within SECTION 1. SHORT TITLE. ‘‘(1) Information on the training provided commercial buildings. This Act may be cited as the ‘‘Helping He- under subsection (d). ‘‘(c) AGREEMENTS.—Responsibilities under roes Fly Act’’. ‘‘(2) Information on the consultations be- the program developed under subsection (b) tween the Assistant Secretary and the orga- SEC. 2. OPERATIONS CENTER PROGRAM FOR SE- shall be divided between the Secretary and nizations identified under subsection (a). the Administrator of the Environmental VERELY INJURED OR DISABLED MEMBERS OF THE ARMED FORCES ‘‘(3) The number of people who accessed the Protection Agency in accordance with the AND SEVERELY INJURED OR DIS- operations center during the period covered terms of applicable agreements between the ABLED VETERANS. by the report. Secretary and the Administrator. (a) IN GENERAL.—Subchapter I of chapter ‘‘(4) Such other information as the Assist- ‘‘(d) EXPANDING SURVEY DATA.—The Sec- 449 of title 49, United States Code, is amend- ant Secretary determines is appropriate.’’. retary, acting through the Administrator of ed by adding at the end the following: (b) CLERICAL AMENDMENT.—The table of the Energy Information Administration, sections at the beginning of subchapter I of ‘‘§ 44927. Expedited screening for severely in- shall— chapter 449 of title 49, United States Code, is jured or disabled members of the Armed ‘‘(1) collect, through each Commercial amended by inserting after the item relating Forces and severely injured or disabled Building Energy Consumption Survey of the to section 44926 the following new item: Energy Information Administration that is veterans ‘‘44927. Expedited screening for severely in- conducted after the date of enactment of this ‘‘(a) PASSENGER SCREENING.—The Assistant jured or disabled members of section, data on— Secretary, in consultation with the Sec- the Armed Forces and severely ‘‘(A) categories of building occupancy that retary of Defense, the Secretary of Veterans injured or disabled veterans.’’. are known to consume significant quantities Affairs, and organizations identified by the of energy, such as occupancy by law firms, Secretaries of Defense and Veteran Affairs f data centers, trading floors, restaurants, re- that advocate on behalf of severely injured AUTHORITY FOR COMMITTEES TO tail outlets, and financial services firms; and or disabled members of the Armed Forces MEET ‘‘(B) other aspects of the property, building and severely injured or disabled veterans, operation, or building occupancy determined shall develop and implement a process to COMMITTEE ON ENERGY AND NATURAL by the Administrator of the Energy Informa- support and facilitate the ease of travel and RESOURCES tion Administration, in consultation with to the extent possible provide expedited pas- Mr. SANDERS. Mr. President, I ask the Administrator of the Environmental senger screening services for severely injured unanimous consent that the Com- Protection Agency, to be relevant in low- or disabled members of the Armed Forces mittee on Energy and Natural Re- ering energy consumption; and and severely injured or disabled veterans sources be authorized to meet during ‘‘(2) make data collected under paragraph through passenger screening. The process (1) available to the public in aggregated form shall be designed to offer the individual pri- the session of the Senate on August 1, and provide the data, and any associated re- vate screening to the maximum extent prac- 2013, at 9:30 a.m., in room 366 of the sults, to the Administrator of the Environ- ticable. Dirksen Senate Office Building. mental Protection Agency for use in accord- ‘‘(b) OPERATIONS CENTER.—As part of the The PRESIDING OFFICER. Without ance with subsection (e). process under subsection (a), the Assistant objection, it is so ordered.

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.093 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6246 CONGRESSIONAL RECORD — SENATE August 1, 2013 COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without SUBCOMMITTEE ON OVERSIGHT, FEDERAL Mr. SANDERS. Mr. President, I ask objection, it is so ordered. RIGHTS, AND AGENCY ACTION unanimous consent that the Com- SUBCOMMITTEE ON FINANCIAL AND Mr. SANDERS. Mr. President, I ask mittee on Foreign Relations be author- CONTRACTING OVERSIGHT unanimous consent that the Com- ized to meet during the session of the Senate on August 1, 2013, at 10:15 a.m. Mr. SANDERS. Mr. President, I ask mittee on the Judiciary, Sub- The PRESIDING OFFICER. Without unanimous consent that the Com- committee on Oversight, Federal objection, it is so ordered. mittee on Homeland Security and Gov- Rights, and Agency Action, be author- COMMITTEE ON THE JUDICIARY ernmental Affairs’ Subcommittee on ized to meet during the session of the Mr. SANDERS. Mr. President, I ask Financial and Contracting Oversight be Senate on August 1, 2013, at 2 p.m., in unanimous consent that the Com- authorized to meet during the session room SD–226 of the Dirksen Senate Of- of the Senate on August 1, 2013, at 10:30 mittee on the Judiciary be authorized fice Building, to conduct a hearing en- a.m., to conduct a hearing entitled to meet during the session of the Sen- titled ‘‘Justice Delayed: The Human ate on August 1, 2013, at 9:30 a.m. in ‘‘Mismanagement of POW/MIA Ac- Cost of Regulatory Paralysis.’’ SD–226 of the Dirksen Senate Office counting.’’ Building, to conduct an executive busi- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ness meeting. hobjection, it is so ordered. objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following reports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel: CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jonathan Cordone: United States ...... Dollar ...... 8,641.70 ...... 8,641.70 Australia ...... Dollar ...... 800.00 ...... 800.00 New Zealand ...... Dollar ...... 1,281.64 ...... 1,281.64 Vietnam ...... Dong ...... 1,028.01 ...... 1,028.01 * Delegation Expenses: Australia ...... Dollar ...... 576.63 ...... 576.63 New Zealand ...... Dollar ...... 160.65 ...... 160.65 Vietnam ...... Dong ...... 67.32 ...... 67.32 Senator William Cowan: Israel ...... New Shekel ...... 476.00 ...... 476.00 Turkey ...... Lira ...... 426.00 ...... 426.00 Jordan ...... Dinar ...... 382.52 ...... 382.52 Valerie Young: Israel ...... New Shekel ...... 476.00 ...... 476.00 Turkey ...... Lira ...... 426.00 ...... 426.00 Jordan ...... Dinar ...... 382.52 ...... 382.52 * Delegation Expenses: Israel ...... New Shekel ...... 638.20 ...... 638.20 Turkey ...... Lira ...... 1,615.61 ...... 1,615.61 Jordan ...... Dinar ...... 586.70 ...... 586.70 Total ...... 5,678.69 ...... 8,641.70 ...... 3,645.11 ...... 17,965.50 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR DEBBIE STABENOW, Chairman, Committee on Agriculture, Nutrition and Forestry, July 29, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Per diem Transportation Miscellaneous Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Hoeven: Jordan ...... Dinar ...... 382.52 ...... 382.52 Israel ...... Shekel ...... 476.00 ...... 476.00 Turkey ...... Lira ...... 426.00 ...... 426.00 Don Larson: Jordan ...... Dinar ...... 382.52 ...... 382.52 Israel ...... Shekel ...... 476.00 ...... 476.00 Turkey ...... Lira ...... 426.00 ...... 426.00 Timothy Rieser: Cuba ...... Peso ...... 449.00 ...... 20.00 ...... 469.00 United States ...... Dollar ...... 599.80 ...... 25.00 ...... 624.80 Senator Thad Cochran: Israel ...... Shekel ...... 1,092.00 ...... 1,092.00 Oman ...... Rial ...... 837.67 ...... 837.67 Azerbaijan ...... Manat ...... 782.76 ...... 782.76 Romania ...... Leu ...... 286.44 ...... 286.44 Czech Republic ...... Koruna ...... 457.19 ...... 457.19 Kay Webber: Israel ...... Shekel ...... 1,092.00 ...... 1,092.00 Oman ...... Rial ...... 837.67 ...... 837.67 Azerbaijan ...... Manat ...... 782.76 ...... 782.76 Romania ...... Leu ...... 286.44 ...... 286.44 Czech Republic ...... Koruna ...... 457.19 ...... 457.19 Paul Grove: Iraq ...... Dinar ...... 35.00 ...... 35.00 Turkey ...... Lira ...... 759.30 ...... 759.30 United States ...... Dollar ...... 3,622.00 ...... 3,622.00 Adam Yezerski: Iraq ...... Dinar ...... 35.00 ...... 35.00

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00106 Fmt 0624 Sfmt 8634 E:\CR\FM\A01AU6.096 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6247 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013—Continued

Turkey ...... Lira ...... 759.30 ...... 759.30 United States ...... Dollar ...... 3,976.00 ...... 3,976.00 Paul Grove: Afghanistan ...... Afghani ...... 84.00 ...... 300.00 ...... 384.00 Pakistan ...... Rupee ...... 200.00 ...... 200.00 United States ...... Dollar ...... 6,860.40 ...... 6,860.40 Adam Yezerski: Afghanistan ...... Afghani ...... 84.00 ...... 300.00 ...... 384.00 Pakistan ...... Rupee ...... 200.00 ...... 200.00 United States ...... Dollar ...... 6,860.40 ...... 6,860.40 Senator Richard Shelby: England ...... Pound Sterling ...... 2,687.10 ...... 2,687.10 France ...... Euro ...... 1,907.74 ...... 1,907.74 United States ...... Dollar ...... 13,114.80 ...... 13,114.80 Senator Thad Cochran: England ...... Pound Sterling ...... 1,230.00 ...... 1,230.00 France ...... Euro ...... 1,120.00 ...... 1,120.00 United States ...... Dollar ...... 13,114.80 ...... 13,114.80 Stewart Holmes: England ...... Pound Sterling ...... 1,343.56 ...... 1,343.56 France ...... Euro ...... 899.57 ...... 899.57 United States ...... Dollar ...... 13,323.80 ...... 13,323.80 William Duhnke: England ...... Pound Sterling ...... 1,395.15 ...... 1,395.15 France ...... Euro ...... 1,747.55 ...... 1,747.55 United States ...... Dollar ...... 13,114.80 ...... 13,114.80 Anne Caldwell: England ...... Pound Sterling ...... 1,395.15 ...... 1,395.15 France ...... Euro ...... 1,747.55 ...... 1,747.55 United States ...... Dollar ...... 13,114.80 ...... 13,114.80 Kay Webber: England ...... Pound Sterling ...... 1,230.00 ...... 1,230.00 France ...... Euro ...... 1,120.00 ...... 1,120.00 United States ...... Dollar ...... 13,114.80 ...... 13,114.80 Senator Richard Shelby: France ...... Euro ...... 4,681.34 ...... 4,681.34 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 Senator Thad Cochran: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 11,474.10 ...... 11,474.10 Senator Barbara Mikulski: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 Senator Tom Harkin: France ...... Euro ...... 948.00 ...... 948.00 United States ...... Dollar ...... 11,794.54 ...... 11,794.54 Gabrielle Batkin: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 Stewart Holmes: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 Brian Potts: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 11,474.10 ...... 11,474.10 Jacqui Russell: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 Jeremy Weirich: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 Anne Caldwell: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,722.70 ...... 10,722.70 Kay Webber: France ...... Euro ...... 4,548.00 ...... 4,548.00 United States ...... Dollar ...... 10,706.10 ...... 10,706.10 * Delegation Expenses: France ...... Euro ...... 21,757.30 ...... 22,093.40 ...... 43,850.70 Iraq ...... Dinar ...... 2,050.00 ...... 2,050.00 Israel ...... Shekel ...... 241.70 ...... 396.50 ...... 638.20 Jordan ...... Dinar ...... 86.10 ...... 70.20 ...... 156.30 Turkey ...... Lira ...... 865.20 ...... 1,072.90 ...... 1,938.10 Total ...... 76,022.47 ...... 247,273.84 ...... 23,678.00 ...... 346,974.31 * Delegation expenses include payments and reimbursements to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR BARBARA MIKULSKI, Chairman, Committee on Appropriations, July 30, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Michael J. Kuiken: United States ...... Dollar ...... 9,507.72 ...... 9,507.72 Germany ...... Euro ...... 245.00 ...... 245.00 Mali ...... Franc ...... 478.14 ...... 478.14 Djibouti ...... Franc ...... 614.08 ...... 8.48 ...... 281.21 ...... 903.77 Thomas W. Goffus: United States ...... Dollar ...... 9,417.72 ...... 9,417.72 Germany ...... Euro ...... 270.00 ...... 270.00 Mali ...... Franc ...... 498.17 ...... 498.17 Djibouti ...... Franc ...... 614.08 ...... 614.08 Senator Kirsten Gillibrand: United States ...... Dollar ...... 111.27 ...... 9.60 ...... 120.87 Jordan ...... Dinar ...... 154.35 ...... 7.36 ...... 161.71

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00107 Fmt 0624 Sfmt 8634 E:\CR\FM\A01AU6.098 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6248 CONGRESSIONAL RECORD — SENATE August 1, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013—Continued

Israel ...... Shekel ...... 133.05 ...... 133.05 Turkey ...... Lira ...... 140.37 ...... 140.37 Elana Broitman: United States ...... Dollar ...... 111.27 ...... 7.36 ...... 118.63 Jordan ...... Dinar ...... 141.09 ...... 141.09 Israel ...... Shekel ...... 133.05 ...... 133.05 Turkey ...... Lira ...... 152.64 ...... 10.59 ...... 163.23 Jess Fassler: United States ...... Dollar ...... 118.18 ...... 7.36 ...... 125.54 Jordan ...... Dinar ...... 133.18 ...... 133.18 Israel ...... Shekel ...... 133.05 ...... 133.05 Turkey ...... Lira ...... 155.87 ...... 155.87 Senator Lindsey Graham: United States ...... Dollar ...... 111.27 ...... 7.36 ...... 118.63 Jordan ...... Dinar ...... 133.18 ...... 133.18 Israel ...... Shekel ...... 156.77 ...... 156.77 Turkey ...... Lira ...... 130.00 ...... 130.00 Matthew Rimkunas: United States ...... Dollar ...... 111.27 ...... 22.36 ...... 133.63 Jordan ...... Dinar ...... 133.18 ...... 133.18 Israel ...... Shekel ...... 156.77 ...... 156.77 Turkey ...... Lira ...... 130.00 ...... 130.00 Andrew King: United States ...... Dollar ...... 111.27 ...... 22.36 ...... 133.63 Jordan ...... Dinar ...... 133.18 ...... 133.18 Israel ...... Shekel ...... 156.77 ...... 156.77 Turkey ...... Lira ...... 130.00 ...... 130.00 * Delegation Expenses: Jordan ...... Dinar ...... 258.24 ...... 210.67 ...... 468.91 Turkey ...... Lira ...... 900.15 ...... 1,384.66 ...... 2,284.81 Israel ...... Shekel ...... 725.09 ...... 1,189.51 ...... 1,914.60 William G. P. Monahan: United States ...... Dollar ...... 5,497.80 ...... 5,497.80 Turkey ...... Lira ...... 196.31 ...... 196.31 Jordan ...... Dinar ...... 255.69 ...... 255.69 Iraq ...... Dinar ...... 111.00 ...... 15.00 ...... 126.00 Thomas W. Goffus: United States ...... Dollar ...... 3,155.48 ...... 3,155.48 Turkey ...... Lira ...... 707.86 ...... 707.86 Jordan ...... Dinar ...... 285.96 ...... 285.96 Iraq ...... Dinar ...... 111.00 ...... 111.00 Senator Joe Donnelly: Turkey ...... Lira ...... 313.00 ...... 313.00 Pakistan ...... Rupee ...... 180.00 ...... 180.00 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 Germany ...... Euro ...... 194.00 ...... 194.00 Marta McLellan Ross: Turkey ...... Lira ...... 313.00 ...... 313.00 Pakistan ...... Rupee ...... 180.00 ...... 180.00 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 Germany ...... Euro ...... 180.00 ...... 180.00 * Delegation Expenses: Turkey ...... Lira ...... 181.16 ...... 761.13 ...... 942.29 Pakistan ...... Rupee ...... 78.32 ...... 167.11 ...... 245.43 Senator John McCain: United States ...... Dollar ...... 10,573.20 ...... 10,573.20 Germany ...... Euro ...... 206.00 ...... 206.00 Senator Roger Wicker: France ...... Euro ...... 729.91 ...... 20.99 ...... 750.90 Joseph G. Lai: France ...... Euro ...... 613.10 ...... 613.10 Senator James M. Inhofe: France ...... Euro ...... 298.68 ...... 298.68 * Delegation Expenses: France ...... Euro ...... 4,242.90 ...... 4,588.20 ...... 8,831.10 Senator John McCain: Jordan ...... Dinar ...... 25.80 ...... 25.80 Turkey ...... Lira ...... 395.94 ...... 395.94 Yemen ...... Rial ...... 130.00 ...... 130.00 United Arab Emirates ...... Dirham ...... 273.26 ...... 273.26 United States ...... Dollar ...... 20,733.20 ...... 20,733.20 Christian D. Brose: Jordan ...... Dinar ...... 897.90 ...... 897.90 Turkey ...... Lira ...... 458.74 ...... 458.74 Yemen ...... Rial ...... 290.00 ...... 290.00 United Arab Emirates ...... Dirham ...... 465.26 ...... 465.26 United States ...... Dollar ...... 18,112.70 ...... 18,112.70 Margaret Goodlander: Jordan ...... Dinar ...... 868.83 ...... 868.83 Turkey ...... Lira ...... 458.74 ...... 458.74 Yemen ...... Rial ...... 290.00 ...... 290.00 United Arab Emirates ...... Dirham ...... 431.48 ...... 431.48 United States ...... Dollar ...... 18,112.70 ...... 18,112.70 * Delegation Expenses: United Arab Emirates ...... Dirham ...... 209.92 ...... 734.00 ...... 943.92 Turkey ...... Lira ...... 350.00 ...... 4,876.71 ...... 5,226.71 Jordan ...... Dinar ...... 571.12 ...... 4,834.89 ...... 5,406.01 Senator John McCain: United States ...... Dollar ...... 11,399.20 ...... 11,399.20 Mali ...... Franc ...... 215.64 ...... 215.64 Tunisia ...... Dinar ...... 445.36 ...... 445.36 Christian D. Brose: United States ...... Dollar ...... 12,259.20 ...... 12,259.20 Mali ...... Franc ...... 162.00 ...... 162.00 Tunisia ...... Dinar ...... 149.00 ...... 149.00 Libya ...... Dinar ...... 149.00 ...... 149.00 Margaret Goodlander: United States ...... Dollar ...... 11,173.80 ...... 11,173.80 Mali ...... Franc ...... 385.00 ...... 385.00 Tunisia ...... Dinar ...... 220.00 ...... 220.00 * Delegation Expenses: Tunisia ...... Dinar ...... 311.60 ...... 1,101.67 ...... 1,413.27 Mali ...... Franc ...... 583.79 ...... 583.79

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00108 Fmt 0624 Sfmt 8634 E:\CR\FM\A01AU6.098 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6249 Total ...... 17,673.96 ...... 138,384.48 ...... 20,239.11 ...... 176,297.55 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR CARL LEVIN, Chairman, Committee on Armed Services, July 25, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Isaiah Akin: Angola ...... Kwanza ...... 604.00 ...... 604.00 Gabon ...... Dollar ...... 904.79 ...... 904.79 Republic of Congo ...... Dollar ...... 1,070.00 ...... 1,070.00 United States ...... Dollar ...... 16,752.12 ...... 16,752.12 John Dickas: Angola ...... Kwanza ...... 476.00 ...... 476.00 Gabon ...... Dollar ...... 787.79 ...... 787.79 Republic of Congo ...... Dollar ...... 971.00 ...... 971.00 United States ...... Dollar ...... 16,752.12 ...... 16,752.12 Clayton Allen: Angola ...... Kwanza ...... 614.00 ...... 614.00 Gabon ...... Dollar ...... 805.75 ...... 805.75 Republic of Congo ...... Dollar ...... 1,080.00 ...... 1,080.00 United States ...... Dollar ...... 16,752.12 ...... 16,752.12 *Delegation Expenses: Gabon ...... Dollar ...... 352.82 ...... 352.82 Republic of Congo ...... Dollar ...... 540.00 ...... 540.00 Total ...... 7,313.33 ...... 50,256.36 ...... 892.82 ...... 58,462.51 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR RON WYDEN, Chairman, Committee on Energy and Natural Resources, July 18, 2013.

Bruce Hirsh: Australia ...... Dollar ...... 744.43 ...... 744.43 New Zealand ...... Dollar ...... 553.05 ...... 533.05 Vietnam ...... Dong ...... 1,017.18 ...... 1,017.18 United States ...... Dollar ...... 23,532.20 ...... 23,532.20 Hun Quach: Australia ...... Dollar ...... 663.17 ...... 663.17 New Zealand ...... Dollar ...... 636.34 ...... 636.34 Vietnam ...... Dong ...... 904.54 ...... 904.54 United States ...... Dollar ...... 40,427.30 ...... 40,427.30 Chelsea Thomas; Australia ...... Dollar ...... 732.05 ...... 732.05 New Zealand ...... Dollar ...... 624.53 ...... 624.53 Vietnam ...... Dong ...... 1,043.00 ...... 1,043.00 United States ...... Dollar ...... 21,666.30 ...... 21,666.30 Paul Poteet: Australia ...... Dollar ...... 753.70 ...... 753.70 New Zealand ...... Dollar ...... 504.77 ...... 504.77 Vietnam ...... Dong ...... 876.75 ...... 876.75 United States ...... Dollar ...... 38,792.30 ...... 38,792.30 Erin Gulick: Australia ...... Dollar ...... 766.85 ...... 766.85 New Zealand ...... Dollar ...... 568.59 ...... 568.59 Vietnam ...... Dong ...... 993.43 ...... 993.43 United States ...... Dollar ...... 21,857.30 ...... 21,857.30 Mark Libell: Australia ...... Dollar ...... 651.78 ...... 651.78 New Zealand ...... Dollar ...... 523.83 ...... 523.83 Vietnam ...... Dong ...... 981.50 ...... 981.50 United States ...... Dollar ...... 23,507.20 ...... 23,507.20 Chris Slevin: Australia ...... Dollar ...... 701.31 ...... 701.31 New Zealand ...... Dollar ...... 558.20 ...... 558.20 Vietnam ...... Dong ...... 852.25 ...... 852.25 United States ...... Dollar ...... 33,475.40 ...... 33,475.40 Ann Hawks: Australia ...... Dollar ...... 746.19 ...... 746.19 New Zealand ...... Dollar ...... 587.30 ...... 587.30 United States ...... Dollar ...... 5,630.00 ...... 5,630.00 Chris Sullivan: Australia ...... Dollar ...... 795.84 ...... 795.84 New Zealand ...... Dollar ...... 479.88 ...... 479.88 Vietnam ...... Dong ...... 951.30 ...... 951.30 United States ...... Dollar ...... 32,562.40 ...... 32,562.40 Amber Sechrist: Australia ...... Dollar ...... 744.08 ...... 744.08 New Zealand ...... Dollar ...... 594.54 ...... 594.54 Vietnam ...... Dong ...... 925.29 ...... 925.29 United States ...... Dollar ...... 27,588.20 ...... 27,588.20 Eric Toy: Australia ...... Dollar ...... 696.04 ...... 696.04 New Zealand ...... Dollar ...... 524.50 ...... 524.50 Vietnam ...... Dong ...... 984.82 ...... 984.82 United States ...... Dollar ...... 31,324.50 ...... 31,324.50 William Ghent: Australia ...... Dollar ...... 682.24 ...... 682.24 New Zealand ...... Dollar ...... 568.81 ...... 568.81 Vietnam ...... Dong ...... 881.58 ...... 881.58 United States ...... Dollar ...... 23,532.20 ...... 23,532.20 Katherine Monge: Australia ...... Dollar ...... 757.02 ...... 757.02

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00109 Fmt 0624 Sfmt 8634 E:\CR\FM\A01AU6.098 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6250 CONGRESSIONAL RECORD — SENATE August 1, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013—Continued

New Zealand ...... Dollar ...... 593.20 ...... 593.20 Vietnam ...... Dong ...... 975.80 ...... 975.80 United States ...... Dollar ...... 23,597.30 ...... 23,597.30 Gregory Kalbaugh: Australia ...... Dollar ...... 737.14 ...... 737.14 New Zealand ...... Dollar ...... 538.64 ...... 538.64 Vietnam ...... Dong ...... 863.27 ...... 863.27 United States ...... Dollar ...... 34,785.30 ...... 34,785.30 Jennifer McClosky: Australia ...... Dollar ...... 759.12 ...... 759.12 New Zealand ...... Dollar ...... 610.17 ...... 610.17 Vietnam ...... Dong ...... 933.85 ...... 933.85 United States ...... Dollar ...... 27,581.50 ...... 27,581.50 *Delegation Expenses: United States ...... Dollar ...... 9,506.22 ...... 3,299.88 ...... 12,806.10 Total ...... 32,581.87 ...... 419,365.62 ...... 3,299.88 ...... 455,247.37 * Delegation expenses include, transportation, security, embassy overtime, official functions, as well as other official expenses in accordance with the responsibilities of the host country. SENATOR MAX BAUCUS, Chairman, Committee on Finance, June 17, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Senator John Barrasso: Israel ...... Shekel ...... 1,108.29 ...... 1,108.29 Oman ...... Rial ...... 627.36 ...... 627.36 Azerbaijan ...... New Manat ...... 544.63 ...... 544.63 Romania ...... New Leu ...... 151.22 ...... 151.22 Republic of Czechoslovakia ...... Koruna ...... 352.76 ...... 352.76 *Delegation Expenses: Israel ...... Shekel ...... 500.63 ...... 500.63 Oman ...... Rial ...... 431.84 ...... 431.84 Azerbaijan ...... New Manat ...... 390.89 ...... 390.89 Romania ...... New Leu ...... 443.84 ...... 443.84 Republic of Czechoslovakia ...... Czech Koruna ...... 294.16 ...... 294.16 Senator Benjamin Cardin: China ...... Yuan ...... 1,013.83 ...... 1,013.83 Korea ...... Won ...... 498.52 ...... 498.52 Japan ...... Yen ...... 918.66 ...... 918.66 United States ...... Dollar ...... 17,719.70 ...... 17,719.70 Algene Sajery: China ...... Yuan ...... 1,318.20 ...... 1,318.20 Korea ...... Won ...... 651.36 ...... 651.36 Japan ...... Yen ...... 760.86 ...... 760.86 United States ...... Dollar ...... 17,719.70 ...... 17,719.70 *Delegation Expenses: China ...... Yuan ...... 3,561.93 ...... 3,561.93 Korea ...... Won ...... 667.71 ...... 667.71 Japan ...... Yen ...... 4,479.69 ...... 4,479.69 Senator Robert Casey: Turkey ...... Lira ...... 521.51 ...... 521.51 Egypt ...... Pound ...... 185.88 ...... 185.88 Israel ...... Shekel ...... 824.00 ...... 824.00 United States ...... Dollar ...... 11,591.97 ...... 11,591.97 Damian Murphy: Turkey ...... Lira ...... 475.26 ...... 475.26 Egypt ...... Pound ...... 174.00 ...... 174.00 Israel ...... Shekel ...... 824.00 ...... 824.00 United States ...... Dollar ...... 12,763.97 ...... 12,763.97 *Delegation Expenses: Turkey ...... Lira ...... 3,132.09 ...... 3,132.09 Egypt ...... Pound ...... 339.00 ...... 339.00 Israel ...... Shekel ...... 6,873.17 ...... 6,873.17 Senator Robert Menendez: El Salvador ...... Dollar ...... 341.00 ...... 341.00 Honduras ...... Lempira ...... 273.90 ...... 273.90 Guatemala ...... Quetzal ...... 397.08 ...... 397.08 United States ...... Dollar ...... 2,641.13 ...... 2,641.13 Daniel O’Brien: El Salvador ...... Dollar ...... 531.00 ...... 531.00 Honduras ...... Lempira ...... 240.90 ...... 240.90 Guatemala ...... Quetzal ...... 547.57 ...... 547.57 United States ...... Dollar ...... 1,285.13 ...... 1,285.13 Jodi Herman: El Salvador ...... Dollar ...... 396.80 ...... 396.80 Honduras ...... Lempira ...... 223.90 ...... 223.90 Guatemala ...... Quetzal ...... 175.93 ...... 175.93 United States ...... Dollar ...... 1,590.13 ...... 1,590.13 Emily Mendrala: El Salvador ...... Dollar ...... 411.00 ...... 411.00 Honduras ...... Lempira ...... 273.90 ...... 273.90 Guatemala ...... Quetzal ...... 471.54 ...... 471.54 United States ...... Dollar ...... 1,285.13 ...... 1,285.13 *Delegation Expenses: El Salvador ...... Dollar ...... 1,845.61 ...... 1,845.61 Honduras ...... Lempira ...... 1,046.06 ...... 1,046.06 Guatemala ...... Quetzal ...... 2,627.00 ...... 2,627.00 Senator Robert Menendez: Jordan ...... Dinar ...... 896.73 ...... 896.73 Israel ...... Shekel ...... 1,950.19 ...... 1,950.19 United States ...... Dollar ...... 9,131.97 ...... 9,131.97 Daniel O’Brien: Jordan ...... Dinar ...... 913.42 ...... 913.42 Israel ...... Shekel ...... 2,252.00 ...... 2,252.00 United States ...... Dollar ...... 9,329.97 ...... 9,329.97

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Ilan Goldenberg: Jordan ...... Dinar ...... 913.42 ...... 913.42 Israel ...... Shekel ...... 2,049.00 ...... 2,049.00 United States ...... Dollar ...... 9,329.97 ...... 9,329.97 Jodi Herman: Jordan ...... Dinar ...... 882.73 ...... 882.73 Israel ...... Shekel ...... 2,014.87 ...... 2,014.87 United States ...... Dollar ...... 9,329.97 ...... 9,329.97 *Delegation Expenses: Jordan ...... Dinar ...... 5,406.01 ...... 5,406.01 Israel ...... Shekel ...... 9,701.97 ...... 9,701.97 Senator Christopher Murphy: Turkey ...... Lira ...... 340.20 ...... 340.20 Afghanistan ...... Dollar ...... 36.00 ...... 36.00 Pakistan ...... Rupee ...... 36.00 ...... 36.00 Germany ...... Euro ...... 89.25 ...... 89.25 Jessica Elledge: Turkey ...... Lira ...... 531.20 ...... 531.20 Pakistan ...... Rupee ...... 127.00 ...... 127.00 Afghanistan ...... Dollar ...... 27.00 ...... 27.00 Germany ...... Euro ...... 180.25 ...... 180.25 *Delegation Expenses: Turkey ...... Dollar ...... 942.29 ...... 942.29 Pakistan ...... Rupee ...... 184.51 ...... 184.51 Jamil Jaffer: Saudi Arabia ...... Riyal ...... 861.00 ...... 861.00 Yemen ...... Rial ...... 392.00 ...... 392.00 Qatar ...... Riyal ...... 503.62 ...... 503.62 United States ...... Dollar ...... 4,825.10 ...... 4,825.10 Tamara Klajn: Saudi Arabia ...... Riyal ...... 748.00 ...... 748.00 Yemen ...... Rial ...... 420.00 ...... 420.00 Qatar ...... Riyal ...... 606.00 ...... 606.00 United States ...... Dollar ...... 4,205.10 ...... 4,205.10 *Delegation Expenses: Saudi Arabia ...... Riyal ...... 374.59 ...... 374.59 Qatar ...... Riyal ...... 147.24 ...... 147.24 Caleb McCarry: Guatemala ...... Dollar ...... 841.00 ...... 841.00 United States ...... Dollar ...... 754.50 ...... 754.50 Caroline Vik: Guatemala ...... Dollar ...... 882.00 ...... 882.00 United States ...... Dollar ...... 754.50 ...... 754.50 *Delegation Expenses: Guatemala ...... Dollar ...... 3,248.00 ...... 3,248.00 Stacie Oliver: United Arab Emirates ...... Dirham ...... 976.99 ...... 976.99 Republic of Czechoslovakia ...... Dinar ...... 100.00 ...... 100.00 United States ...... Dollar ...... 4,091.40 ...... 4,091.40 *Delegation Expenses: United Arab Emirates ...... Dirham ...... 467.31 ...... 467.31 Michael Schiffer: Taiwan ...... TWD ...... 596.71 ...... 596.71 Philippines ...... PHP ...... 422.48 ...... 422.48 Singapore ...... Dollar ...... 1,912.13 ...... 1,912.13 Indonesia ...... IDR ...... 773.12 ...... 773.12 United States ...... Dollar ...... 4,922.10 ...... 4,922.10 Carolyn Leddy: Taiwan ...... TWD ...... 393.69 ...... 393.69 Philippines ...... PHP ...... 313.74 ...... 313.74 Singapore ...... Dollar ...... 1,602.40 ...... 1,602.40 Indonesia ...... IDR ...... 562.37 ...... 562.37 United States ...... Dollar ...... 6,016.30 ...... 6,016.30 *Delegation Expenses: Taiwan ...... TWD ...... 408.08 ...... 408.08 Indonesia ...... IDR ...... 389.00 ...... 389.00 Total ...... 41,381.37 ...... 129,287.74 ...... 47,902.62 ...... 218,571.73 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR ROBERT MENENDEZ, Chairman, Committee on Foreign Relations, July 25, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

* Senator Heidi Heitkamp: Turkey ...... Lira ...... 378.20 ...... 378.20 Pakistan ...... Rupee ...... 81.17 ...... 81.17 Afghanistan ...... Afghani ...... 6.00 ...... 6.00 Germany ...... Euro ...... 127.61 ...... 127.61 Senator Tammy Baldwin: Turkey ...... Lira ...... 517.20 ...... 517.20 Pakistan ...... Rupee ...... 200.31 ...... 200.31 Afghanistan ...... Afghani ...... 64.00 ...... 64.00 Germany ...... Euro ...... 188.00 ...... 188.00 Rory Steele: Turkey ...... Lira ...... 317.20 ...... 317.20 Pakistan ...... Rupee ...... 140.31 ...... 140.31 Afghanistan ...... Afghani ...... 6.00 ...... 6.00 Germany ...... Euro ...... 117.18 ...... 117.18 Will Hansen: Turkey ...... Lira ...... 517.20 ...... 517.20 Pakistan ...... Rupee ...... 200.31 ...... 200.31 Afghanistan ...... Afghani ...... 38.00 ...... 38.00 Germany ...... Euro ...... 94.40 ...... 94.40

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Total ...... 2,993.09 ...... 2,993.09 * The CODEL traveled via military air. SENATOR THOMAS R. CARPER, Chairman, Committee on Homeland Security and Governmental Affairs, July 29, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM APRIL 1 TO JUNE 30, 2013

Senator Amy Klobuchar: Jordan ...... Dinar ...... 355.72 ...... 355.72 Israel ...... Shekel ...... 487.76 ...... 487.76 Turkey ...... Lira ...... 517.73 ...... 517.73 Brian Burton: Jordan ...... Dinar ...... 342.46 ...... 342.46 Israel ...... Shekel ...... 449.35 ...... 449.35 Turkey ...... Lira ...... 517.73 ...... 517.73 * Delegation Exprenses: Jordan ...... Dinar ...... 156.30 ...... 156.30 Israel ...... Shekel ...... 1,656.86 ...... 1,656.86 Turkey ...... Dinar ...... 652.81 ...... 652.81 Senator Sheldon Whitehouse: United States ...... Dollar ...... 12,233.20 ...... 12,233.20 Mali ...... Franc ...... 211.64 ...... 211.64 Tunisia ...... Dinar ...... 751.30 ...... 751.30 * Delegation Expenses: Mali ...... Franc ...... 194.60 ...... 194.60 Tunisia ...... Dinar ...... 471.09 ...... 471.09 Libya ...... Dinar ...... 273.01 ...... 273.01 Total ...... 7,038.36 ...... 12,233.20 ...... 19,271.56 * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, July 25, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Senator Dianne Feinstein ...... 65.00 ...... 65.00 Senator Saxby Chambliss ...... 750.50 ...... 750.50 Dollar ...... 9,126,50 ...... 9,126.50 David Grannis ...... 499.30 ...... 499.30 Dollar ...... 11,212,27 ...... 11,212.27 Martha Scott Poindexter ...... 1,649.82 ...... 1,649.82 Dollar ...... 10,713,27 ...... 10,713.27 Senator Saxby Chambliss ...... 3,456.06 ...... 3,456.06 Senator Richard Burr ...... 3,456.06 ...... 3,456.06 Martha Scott Poindexter ...... 3,456.06 ...... 3,456.06 Kate Vickers ...... 3,456.06 ...... 3,456.06 Tyler Stephens ...... 3,456.06 ...... 3,456.06 Christian Cook ...... 3,456.06 ...... 3,456.06 Brian Miller ...... 1,289.26 ...... 1,289.26 Total ...... 24,990.24 ...... 31,052.04 ...... 56,042.28 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, July 11, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Shelly Han: Australia ...... Dollar ...... 2,180.00 ...... 2,180.00 United States ...... Dollar ...... 1,907.10 ...... 1,907.10 Ukraine ...... Hryvnia ...... 1,467.35 ...... 1,467.35 United States ...... Dollar ...... 2,474.30 ...... 2,474.30 Janice Helwig: Austria ...... Euro ...... 4,580.53 ...... 4,580.53 Allison Hollabaugh: Ukraine ...... Hryvnia ...... 926.01 ...... 926.01 United States ...... Dollar ...... 2,481.10 ...... 2,481.10 Alex Johnson: Albania ...... Lek ...... 858.00 ...... 858.00 United States ...... Dollar ...... 1,266.90 ...... 1,266.90 Albania ...... Lek ...... 1,340.00 ...... 1,340.00 United States ...... Dollar ...... 1,266.90 ...... 1,266.90 Austria ...... Euro ...... 22,092.71 ...... 22,092.71

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United States ...... Dollar ...... 3,785.90 ...... 3,785.90 Winsome Packer: Austria ...... Euro ...... 2,320.00 ...... 2,320.00 Bosnia and Herzegovina ...... Mark ...... 585.00 ...... 585.00 Serbia ...... Dinar ...... 216.00 ...... 216.00 United States ...... Dollar ...... 3,653.50 ...... 3,653.50 France ...... Euro ...... 1,728.09 ...... 1,728.09 United States ...... Dollar ...... 3,782.10 ...... 3,782.10 Erika Schlager: Austria ...... Euro ...... 1,011.24 ...... 1,011.24 Bulgaria ...... Lev ...... 1,012.00 ...... 1,012.00 United States ...... Dollar ...... 3,094.90 ...... 3,094.90 Mischa Thompson: Belgium ...... Euro ...... 649.63 ...... 649.63 France ...... Euro ...... 324.82 ...... 324.82 United States ...... Dollar ...... 1,873.80 ...... 1,873.80 Total ...... 41,291.38 ...... 25,586.50 ...... 66,877.88 SENATOR BENJAMIN L. CARDIN, Chairman, Commission on Security and Cooperation in Europe, July 17, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), OFFICE OF THE REPUBLICAN LEADER FOR TRAVEL FROM APR. 1 TO JUNE 30, 2013

Thomas Hawkins: Israel ...... Shekel ...... 356.00 ...... 720.00 ...... 1,076.00 Oman ...... Rial ...... 261.93 ...... 459.64 ...... 721.57 Azerbaijan ...... Manat ...... 278.00 ...... 499.87 ...... 777.87 Romania ...... Leu ...... 140.00 ...... 148.31 ...... 288.31 Czech Republic ...... Crown ...... 186.00 ...... 275.00 ...... 461.00 Dr. Brian Monahan: Israel ...... Shekel ...... 69.00 ...... 720.00 ...... 789.00 Oman ...... Rial ...... 91.02 ...... 459.64 ...... 550.66 Azerbaijan ...... Manat ...... 278.00 ...... 499.87 ...... 777.87 Romania ...... Leu ...... 140.00 ...... 148.31 ...... 288.31 Czech Republic ...... Crown ...... 186.00 ...... 275.00 ...... 461.00 Total ...... 1,985.95 ...... 4,205.64 ...... 6,191.59 SENATOR MITCH McCONNELL, h Republican Leader, July 23, 2013.

UNANIMOUS CONSENT AGREE- EXECUTIVE SESSION OCCUPATIONAL SAFETY AND HEALTH REVIEW MENT—EXECUTIVE CALENDAR COMMISSION Cynthia L. Attwood, of Virginia, to be a Mr. REID. Madam President, I ask Member of the Occupational Safety and unanimous consent that on Monday, EXECUTIVE CALENDAR Health Review Commission for a term expir- September 9, 2013, at 5 p.m., the Senate ing April 27, 2019. proceed to executive session to con- Mr. REID. I ask unanimous consent DEPARTMENT OF JUSTICE the Senate proceed to executive session sider the following nominations: Cal- Stuart F. Delery, of the District of Colum- endar Nos. 184 and 185; that there be 30 to consider the following nominations: bia, to be an Assistant Attorney General. Calendar Nos. 199, 200, 202, 210 through minutes for debate equally divided in NATIONAL CREDIT UNION ADMINISTRATION the usual form; that upon the use or 218, 222, 225 through 240, 243 through Richard T. Metsger, of Oregon, to be a yielding back of that time, the Senate 247, 249 through 302, 304, 305, 306, 308 through 326, and all nominations on the Member of the National Credit Union Admin- proceed to vote without intervening ac- istration Board for a term expiring August 2, tion or debate on the nominations in Secretary’s desk in the Air Force, 2017. Army, Navy; that the nominations be the order listed; the motions to recon- EXECUTIVE OFFICE OF THE PRESIDENT sider be considered made and laid upon confirmed en bloc, the motions to reconsider be considered made and laid Jason Furman, of New York, to be a Mem- the table, with no intervening action ber and Chairman of the Council of Eco- or debate; that no further motions be on the table with no intervening action nomic Advisers. or debate; that no further motions be in order; that any related statements SECURITIES AND EXCHANGE COMMISSION be printed in the RECORD; that the in order to any of the nominations; that any related statements be printed Mary Jo White, of New York, to be Member President be immediately notified of of the Securities and Exchange Commission in the RECORD; that President Obama the Senate’s action and the Senate for a term expiring June 5, 2019. then resume legislative session. be immediately notified of the Senate’s Kara Marlene Stein, of Maryland, to be action. The PRESIDING OFFICER. Without Member of the Securities and Exchange objection, it is so ordered. The PRESIDING OFFICER. Without Commission for a term expiring June 5, 2017. objection, it is so ordered. Michael Sean Piwowar, of Virginia, to be a Mr. REID. Madam President, an ex- The nominations considered and con- Member of the Securities and Exchange ample of the work done by others, I Commission for a term expiring June 5, 2018. firmed en bloc are as follows: will read this material—I will read it NATIONAL FOUNDATION ON THE ARTS AND and people see me making this consent DEPARTMENT OF EDUCATION HUMANITIES request. But people have spent weeks Janet Lorraine LaBreck, of Massachusetts, Gerald Lyn Early, of Missouri, to be a arriving at this. That is what I talked to be Commissioner of the Rehabilitation Member of the National Council on the Hu- about a few minutes ago. It is remark- Services Administration, Department of manities for a term expiring January 26, able, the work done for us by others. Education. 2018.

VerDate Mar 15 2010 08:29 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.098 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6254 CONGRESSIONAL RECORD — SENATE August 1, 2013 Daniel Iwao Okimoto, of California, to be a Loretta Cheryl Sutliff, of Nevada, to be a The following named officer for appoint- Member of the National Council on the Hu- Member of the Board of Directors of the Cor- ment in the United States Air Force to the manities for a term expiring January 26, poration for Public Broadcasting for a term grade indicated while assigned to a position 2018. expiring January 31, 2018. of importance and responsibility under title DEPARTMENT OF STATE DEPARTMENT OF COMMERCE 10 U.S.C., section 601: Daniel Brooks Baer, of Colorado, to be U.S. Mark E. Schaefer, of California, to be As- To be general Representative to the Organization for Secu- sistant Secretary of Commerce for Oceans Lt. Gen. Robin Rand rity and Cooperation in Europe, with the and Atmosphere. The following named officer for appoint- rank of Ambassador. AMTRAK BOARD OF DIRECTORS ment in the United States Air Force to the Douglas Edward Lute, of Indiana, to be Thomas C. Carper, of Illinois, to be a Di- grade indicated while assigned to a position United States Permanent Representative on rector of the Amtrak Board of Directors for of importance and responsibility under title the Council of the North Atlantic Treaty Or- a term of five years. 10, U.S.C., section 601: ganization, with the rank and status of Am- To be lieutenant general bassador Extraordinary and Plenipotentiary. IN THE COAST GUARD Catherine M. Russell, of the District of Co- Pursuant to the authority of Section Maj. Gen. Russell J. Handy lumbia, to be Ambassador at Large for Glob- 271(d), Title 14, U.S. Code, the following offi- The following Air National Guard of the al Women’s Issues. cers for appointment to the grade indicated United States officer for appointment in the Reserve of the Air Force to the grade indi- NATIONAL FOUNDATION ON THE ARTS AND THE in the U.S. Coast Guard: cated under title 10, U.S.C., sections 12203 HUMANITIES To be rear admiral and 12212: Katherine H. Tachau, of Iowa, to be a Bruce D. Baffer To be brigadier general Member of the National Council on the Hu- Mark E. Butt manities for a term expiring January 26, David R. Callahan Col. Roger L. Nye 2018. Stephen P. Metruck The following named officer for appointment in the United States Army to the grade UNITED STATES INSTITUTE OF PEACE Joseph A. Servidio indicated while assigned to a position of im- Stephen J. Hadley, of the District of Co- Pursuant to the authority of Section 12203(a), Title 10, U.S. Code, the following of- portance and responsibility under title 10, lumbia, to be a Member of the Board of Di- U.S.C. section 601: rectors of the United States institute of ficers for appointment to the grade indicated To be lieutenant general Peace for a term of four years. in the U.S. Coast Guard Reserve: Maj. Gen. David L. Mann NATIONAL FOUNDATION ON THE ARTS AND THE To be rear admiral HUMANITIES Kurt B. Hinrichs The following named officer for appointment in the United States Army to the grade The following officer for appointment to John Unsworth, of Massachusetts, to be a indicated while assigned to a position of im- the grade indicated in the U.S. Coast Guard Member of the National Council on the Hu- portance and responsibility under title 10, pursuant to the authority of Section 271(d), manities for a term expiring January 26, U.S.C., section 601: 2016. Title 14, U.S. Code: To be lieutenant general Dorothy Kosinski, of the District of Co- To be rear admiral Maj. Gen. Raymond A. Thomas, III lumbia, to be a Member of the National Richard T. Gromlich Council on the Humanities for a term expir- Susan J. Rabern, of Kansas, to be an As- The following named officer for appoint- ing January 26, 2016. sistant Secretary of the Navy. ment in the Reserve of the Army to the GOVERNMENT PRINTING OFFICE Dennis V. McGinn, of Maryland, to be an grade indicated under title 10, U.S.C., section Davita Vance-Cooks, of Virginia, to be Assistant Secretary of the Navy. 12203: Public Printer. ARMY To be brigadier general UNITED STATES INTERNATIONAL TRADE The following named officer for reappoint- Col. Marion Garcia COMMISSION ment as the Chairman of the Joint Chiefs of The following Army National Guard of the F. Scott Kieff, of Illinois, to be a Member Staff and appointment to the grade indicated United States officer for appointment in the of the United States International Trade while assigned to a position of importance Reserve of the Army to the grade indicated Commission for the term expiring June 16, and responsibility under title 10, U.S.C., sec- under title 10, U.S.C., sections 12203 and 2020. tion 152 and 601: 12211: UNITED STATES TAX COURT To be general To be brigadier general Joseph W. Nega, of Illinois, to be a Judge Gen. Martin E. Dempsey Col. John W. Lathrop of the United States Tax Court for a term of NAVY The following named officer for appoint- fifteen years. The following named officer for reappointment in the United States Army to the grade Michael B. Thornton, of Virginia, to be a ment as the Vice Chairman of the Joint indicated while assigned to a position of im- Judge of the United States Tax Court for a Chiefs of Staff and appointment to the grade portance and responsibility under title 10, term of fifteen years. indicated while assigned to a position of im- U.S.C., section 601: DEPARTMENT OF AGRICULTURE portance and responsibility under title 10, To be lieutenant general Robert Bonnie, of Virginia, to be Under U.S.C., sections 601 and 154: Maj. Gen. Edward C. Cardon Secretary of Agriculture for Natural Re- To be admiral The following named officer for appoint- sources and Environment. Adm. James A. Winnefeld, Jr. ment as the Deputy Judge Advocate General, Krysta L. Harden, of Georgia, to be Deputy United States Army, and for appointment in The following named officer for appoint- Secretary of Agriculture. the United States Army to the grade indi- ment in the United States Navy to the grade cated in accordance with title 10, U.S.C., sec- NATIONAL INSTITUTE OF BUILDING SCIENCES indicated while assigned to a position of im- tions 3037 and 3064: Timothy Hyungrock Haahs, of Pennsyl- portance and responsibility under title 10, vania, to be a Member of the Board of Direc- U.S.C., section 601: To be major general tors of the National Institute of Building To be admiral Brig. Gen. Thomas E. Ayres Sciences for a term expiring September 7, Adm. Cecil E.D. Haney The following named officer for appoint- 2014. ment as the Judge Advocate General, United ARMY CORPORATION FOR PUBLIC BROADCASTING States Army and for appointment in the Jannette Lake Dates, of Maryland, to be a The following named officer for appoint- United States Army to the grade indicated Member of the Board of Directors of the Cor- ment in the United States Army to the grade while serving as the Judge Advocate General poration for Public Broadcasting for a term indicated while assigned to a position of im- in accordance with title 10, U.S.C., sections expiring January 31, 2016. portance and responsibility under title 10, 3037 and 3064: Bruce M. Ramer, of California, to be a U.S.C., section 601: To be lieutenant general Member of the Board of Directors of the Cor- To be general Brig. Gen. Flora D. Darpino poration for Public Broadcasting for a term Lt. Gen. Curtis M. Scaparrotti The following named officer for appoint- expiring January 31, 2018. AIR FORCE ment in the United States Army to the grade Brent Franklin Nelsen, of South Carolina, The following named officer for appoint- indicated while assigned to a position of im- to be a Member of the Board of Directors of ment in the United States Air Force to the portance and responsibility under title 10, the Corporation for Public Broadcasting for grade indicated while assigned to a position U.S.C., section 601: a term expiring January 31, 2016. of importance and responsibility under title Howard Abel Husock, of New York, to be a To be lieutenant general 10, U.S.C., section 601: Member of the Board of Directors of the Cor- Maj. Gen. Michael S. Tucker poration for Public Broadcasting for a term To be lieutenant general The following named officer for appoint- expiring January 31, 2018. Maj. Gen. Stephen W. Wilson ment in the United States Army to the grade

VerDate Mar 15 2010 08:47 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.099 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6255 indicated under title 10, U.S.C., sections 624, portance and responsibility under title 10, indicated while assigned to a position of im- 3037, and 3064: U.S.C., section 601; and for appointment as a portance and responsibility under title 10, To be Brigadier General, Judge Advocate Senior Member of the Military Staff Com- U.S.C., section 601: General’s Corps mittee of the United Nations under title 10, To be vice admiral U.S.C., Section 711: Col. Charles N. Pede Vice Adm. Kurt W. Tidd To be vice admiral The following named officers for appoint- The following named officers for appointment to the grade indicated in the United Vice Adm. Frank C. Pandolfe ment in the United States Navy to the grade States Army under title 10, U.S.C., section The following named officer for appoint- indicated under title 10, U.S.C., section 624: 624: ment in the United States Navy to the grade To be rear admiral (lower half) indicated while assigned to a position of im- To be brigadier general Capt. Kenneth J. Iverson portance and responsibility under title 10, Colonel Carl A. Alex DEPARTMENT OF STATE Colonel Christopher F. Bentley U.S.C., section 601: Colonel James R. Blackburn To be admiral Morrell John Berry, of Maryland, to be Ambassador Extraordinary and Pleni- Colonel William M. Burleson, III Vice Adm. Harry B. Harris, Jr. Colonel Christopher G. Cavoli potentiary of the United States of America The following named officer for appoint- to Australia. Colonel Paul A. Chamberlain ment as Chief of Naval Personnel, United Colonel William E. Cole Patricia Marie Haslach, of Oregon, a Ca- States Navy, and appointment to the grade reer Member of the Senior Foreign Service, Colonel Richard B. Dix indicated while assigned to a position of im- Colonel Jeffrey A. Farnsworth Class of Minister-Counselor, to be Ambas- portance and responsibility under title 10, sador Extraordinary and Plenipotentiary of Colonel Bryan P. Fenton U.S.C., sections 601 and 5141: Colonel Patricia A. Frost the United States of America to the Federal To be vice admiral Colonel Douglas M. Gabram Democratic Republic of Ethiopia. Colonel Jeffrey A. Gabbert Rear Adm. William F. Moran Reuben Earl Brigety, II, of Florida, to be Colonel John A. George The following named officer for appoint- Representative of the United States of Amer- Colonel Randy A. George ment in the United States Navy to the grade ica to the African Union, with the rank and Colonel Maria R. Gervais indicated while assigned to a position of im- status of Ambassador Extraordinary and Colonel David P. Glaser portance and responsibility under title 10, Plenipotentiary. Colonel Thomas C. Graves U.S.C., section 601: Daniel A. Clune, of Maryland, a Career Member of the Senior Foreign Service, Class Colonel John F. Haley To be vice admiral Colonel Peter L. Jones of Minister-Counselor, to be Ambassador Ex- Rear Adm. James F. Caldwell, Jr. Colonel Richard G. Kaiser traordinary and Plenipotentiary of the Colonel John S. Kem The following named officers for appoint- United States of America to the Lao People’s Colonel Robert L. Marion ment in the United States Navy to the grade Democratic Republic. Colonel Dennis S. McKean indicated under title 10, U.S.C., section 624: Patrick Hubert Gaspard, of New York, to Colonel Frank M. Muth To be rear admiral be Ambassador Extraordinary and Pleni- Colonel Leopoldo A. Quintas, Jr. potentiary of the United States of America Rear Adm. (lh) David F. Baucom to the Republic of South Africa. Colonel Kurt J. Ryan Rear Adm. (lh) Vincent L. Griffith Colonel Mark C. Schwartz Stephanie Sanders Sullivan, of New York, The following named officers for appoint- Colonel Scott A. Spellmon a Career Member of the Senior Foreign Serv- ment in the United States Navy to the grade Colonel John P. Sullivan ice, Class of Minister-Counselor, to be Am- indicated under title 10, U.S.C., section 624: Colonel Clarence D. Turner bassador Extraordinary and Plenipotentiary Colonel Michael J. Warmack To be rear admiral of the United States of America to the Re- Colonel Eric J. Wesley Rear Adm. (lh) Colin G. Chinn public of the Congo. Rear Adm. (lh) Elaine C. Wagner Joseph Y. Yun, of Oregon, a Career Mem- The following named officer for appoint- ber of the Senior Foreign Service, Class of ment in the United States Army to the grade The following named officers for appoint- Minister-Counselor, to be Ambassador Ex- indicated while assigned to a position of im- ment in the United States Navy to the grade traordinary and Plenipotentiary of the portance and responsibility under title 10, indicated under title 10, U.S.C., section 624: United States of America to Malaysia. U.S.C., section 601: To be rear admiral Linda Thomas-Greenfield, of Louisiana, to To be lieutenant general Rear Adm. (lh) Paul B. Becker be an Assistant Secretary of State (African Lt. Gen. Kenneth E. Tovo Rear Adm. (lh) Matthew J. Kohler Affairs), vice Johnnie Carson. The following named officer appointment Rear Adm. (lh) Jan E. Tighe James F. Entwistle, of Virginia, a Career in the United States Army to the grade indi- The following named officers for appoint- Member of the Senior Foreign Service, Class cated while assigned to a position of impor- ment in the United States Navy to the grade of Minister-Counselor, to be Ambassador Ex- tance and responsibility under title 10, indicated under title 10, U.S.C., section 624: traordinary and Plenipotentiary of the U.S.C., section 601: United States of America to the Federal Re- To be rear admiral public of Nigeria. To be lieutenant general Rear Adm. (lh) David H. Lewis David D. Pearce, of Virginia, a Career Maj. Gen. Robert B. Abrams Rear Adm. (lh) Thomas J. Moore Member of the Senior Foreign Service, Class The following Army National Guard of the Rear Adm. (lh) James D. Syring of Career Minister, to be Ambassador Ex- United States officer for appointment in the The following named officers for appoint- traordinary and Plenipotentiary of the Reserve of the Army to the grade indicated ment in the United States Navy to the grade United States of America to Greece. under title 10, U.S.C., sections 12203 and indicated under title 10, U.S.C., section 624: John B. Emerson, of California, to be Am- 12211: To be rear admiral bassador Extraordinary and Plenipotentiary of the United States of America to the Fed- To be major general Rear Adm. (lh) John C. Aquilino eral Republic of Germany. Brig. Gen. Kevin L. McNeely Rear Adm. (lh) Peter J. Fanta John Rufus Gifford, of Massachusetts, to Rear Adm. (lh) David J. Gale MARINE CORPS be Ambassador Extraordinary and Pleni- Rear Adm. (lh) Philip G. Howe The following named officer for appoint- potentiary of the United States of America Rear Adm. (lh) William K. Lescher ment in the United States Marine Corps to to Denmark. Rear Adm. (lh) Mark C. Montgomery the grade indicated while assigned to a posi- Denise Campbell Bauer, of California, to be Rear Adm. (lh) Frank A. Morneau tion of importance and responsibility under Ambassador Extraordinary and Pleni- Rear Adm. (lh) Jeffrey R. Penfield title 10, U.S.C., section 601: potentiary of the United States of America Rear Adm. (lh) Frederick J. Roegge To be lieutenant general to Belgium. Rear Adm. (lh) Phillip G. Sawyer James Costos, of California, to be Ambas- Lt. Gen. Thomas D. Waldhauser Rear Adm. (lh) Michael S. White sador Extraordinary and Plenipotentiary of NAVY The following named officers for appoint- the United States of America to Spain. The following named officer for appointment in the United States Navy Reserve to James Costos, of California, to serve con- ment in the United States Navy Reserve to the grade indicated under title 10, U.S.C., currently and without additional compensa- the grade indicated under title 10, U.S.C., section 12203: tion as Ambassador Extraordinary and Plen- section 12203: To be rear admiral (lower half) ipotentiary of the United States of America To be rear admiral (lower half) Capt. Russell E. Allen to Andorra. Capt. Deborah P. Haven Capt. William M. Crane ENVIRONMENTAL PROTECTION The following named officer for appoint- Capt. Thomas W. Marotta Avi Garbow, of Virginia, to be an Assistant ment in the United States Navy to the grade The following named officer for appoint- Administrator of the Environmental Protec- indicated while assigned to a position of im- ment in the United States Navy to the grade tion Agency.

VerDate Mar 15 2010 08:47 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.107 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6256 CONGRESSIONAL RECORD — SENATE August 1, 2013 James J. Jones, of the District of Colum- service as Deputy Assistant Secretary of which nominations were received by the Sen- bia, to be Assistant Administrator for Toxic State for International Communications and ate and appeared in the CONGRESSIONAL Substances of the Environmental Protection Information Policy in the Bureau of Eco- RECORD of July 9, 2013. Agency. nomic, Energy, and Business Affairs and U.S. PN658 ARMY nominations (536) beginning FEDERAL MINE SAFETY AND HEALTH REVIEW Coordinator for International Communica- JOSEPH H. ALBRECHT, and ending D011309, COMMISSION tions and Information Policy. which nominations were received by the Sen- ate and appeared in the CONGRESSIONAL Robert F. Cohen, Jr., of West Virginia, to BROADCASTING BOARD OF GOVERNORS RECORD of July 9, 2013. be a Member of the Federal Mine Safety and Ryan Clark Crocker, of Washington, to be PN700 ARMY nomination of Karl F. Meyer, Health Review Commission for a term of six a Member of the Broadcasting Board of Gov- which was received by the Senate and ap- years expiring August 30, 2018. ernors for a term expiring August 13, 2013. peared in the CONGRESSIONAL RECORD of July William Ira Althen, of Virginia, to be a Ryan Clark Crocker, of Washington, to be 24, 2013. Member of the Federal Mine Safety and a Member of the Broadcasting Board of Gov- PN701 ARMY nomination of Stephanie M. Health Review Commission for a term of six ernors for a term expiring August 13, 2016. Price, which was received by the Senate and years expiring August 30, 2018. Matthew C. Armstrong, of Illinois, to be a Member of the Broadcasting Board of Gov- appeared in the CONGRESSIONAL RECORD of DEPARTMENT OF EDUCATION ernors for a term expiring August 13, 2015. July 24, 2013. Catherine Elizabeth Lhamon, of California, Jeffrey Shell, of California, to be Chairman PN702 ARMY nomination of Gregory C. to be Assistant Secretary for Civil Rights, of the Broadcasting Board of Governors. Pedro, which was received by the Senate and Department of Education. Jeffrey Shell, of California, to be a Member appeared in the CONGRESSIONAL RECORD of DEPARTMENT OF COMMERCE of the Broadcasting Board of Governors for a July 24, 2013. PN703 ARMY nomination of John H. Seok, John H. Thompson, of the District of Co- term expiring August 13, 2015. which was received by the Senate and ap- lumbia, to be Director of the Census for the NOMINATIONS PLACED ON THE SECRETARY’S peared in the CONGRESSIONAL RECORD of July remainder of the term expiring December 31, DESK 24, 2013. 2016. IN THE AIR FORCE PN704 ARMY nomination of Frederick C. NATIONAL MEDIATION BOARD PN278 AIR FORCE nominations (192) begin- Lough, which was received by the Senate and Harry R. Hoglander, of Massachusetts, to ning WENDY J. BEAL, and ending JARED K. appeared in the CONGRESSIONAL RECORD of be a Member of the National Mediation YOUNG, which nominations were received by July 24, 2013. Board for a term expiring July 1, 2014. the Senate and appeared in the CONGRES- PN705 ARMY nominations (2) beginning Linda A. Puchala, of Maryland, to be a SIONAL RECORD of April 9, 2013. ADMIRADO A. LUZURIAGA, and ending Member of the National Mediation Board for PN617 AIR FORCE nomination of Peter C. JON KIEV, which nominations were received a term expiring July 1, 2015. Rhee, which was received by the Senate and by the Senate and appeared in the CONGRES- Nicholas Christopher Geale, of Virginia, to appeared in the CONGRESSIONAL RECORD of SIONAL RECORD of July 24, 2013. be a Member of the National Mediation June 26, 2013. PN706 ARMY nominations (5) beginning Board for a term expiring July 1, 2016. PN698 AIR FORCE nomination of Joseph WILLIAM G. HUBER, and ending MARK L. M. Markusfeld, which was received by the DEPARTMENT OF STATE LEITSCHUH, which nominations were re- Senate and appeared in the CONGRESSIONAL ceived by the Senate and appeared in the Matthew Winthrop Barzun, of Kentucky, RECORD of July 24, 2013. CONGRESSIONAL RECORD of July 24, 2013. to be Ambassador Extraordinary and Pleni- PN699 AIR FORCE nominations (15) begin- PN707 ARMY nomination of Curtis J. Alitz, potentiary of the United States of America ning DEONDRA P. ASIKE, and ending which was received by the Senate and ap- to the United Kingdom of Great Britain and GREGORY C. TROLLEY, which nominations peared in the CONGRESSIONAL RECORD of July Northern Ireland. were received by the Senate and appeared in 24, 2013. David Hale, of New Jersey, a Career Mem- the CONGRESSIONAL RECORD of July 24, 2013. PN709 ARMY nominations (5) beginning ber of the Senior Foreign Service, Class of IN THE ARMY GUY R. BEAUDOIN, and ending REBECCA Minister-Counselor, to be Ambassador Ex- PN580 ARMY nomination of Ronald E. A. YOUNG, which nominations were received traordinary and Plenipotentiary of the Beresky, which was received by the Senate by the Senate and appeared in the CONGRES- United States of America to the Republic of and appeared in the CONGRESSIONAL RECORD SIONAL RECORD of July 24, 2013. Lebanon. of June 20, 2013. IN THE NAVY Liliana Ayalde, of Maryland, a Career PN581 ARMY nomination of James B. Col- Member of the Senior Foreign Service, Class lins, which was received by the Senate and PN610 NAVY nomination of Jackie S. of Career Minister, to be Ambassador Ex- Fantes, which was received by the Senate appeared in the CONGRESSIONAL RECORD of traordinary and Plenipotentiary of the June 20, 2013. and appeared in the CONGRESSIONAL RECORD United States of America to the Federative PN584 ARMY nominations (2) beginning of June 24, 2013. Republic of Brazile. JONATHAN H. CODY, and ending JUSTIN PN625 NAVY nomination of Doran T. Kirk W.B. Wagar, of Florida, to be Ambas- M. MARCHESI, which nominations were re- Kelvington, which was received by the Sen- sador Extraordinary and Plenipotentiary of ceived by the Senate and appeared in the ate and appeared in the CONGRESSIONAL the United States of America to the Republic ECORD CONGRESSIONAL RECORD of June 20, 2013. R of June 27, 2013. of Singapore. PN609 ARMY nominations (4) beginning PN626 NAVY nominations (30) beginning Terence Patrick McCulley, of Washington, JOSEPH L. BIEHLER, and ending ORENTHAL G. ADDERSON, and ending a Career Member of the Senior Foreign Serv- BIENVENIDO SERRANOCASTRO, which JOHN F. WARNER, III, which nominations ice, Class of Minister-Counselor, to be Am- nominations were received by the Senate and were received by the Senate and appeared in bassador Extraordinary and Plenipotentiary appeared in the CONGRESSIONAL RECORD of the CONGRESSIONAL RECORD of June 27, 2013. of the United States of America to the Re- June 24, 2013. PN659 NAVY nominations (17) beginning public of Cote d’Ivoire. PN652 ARMY nomination of Dean C. An- PHILIP B. BAGROW, and ending DAVID M. James C. Swan, of California, a Career derson, which was received by the Senate TODD, which nominations were received by Member of the Senior Foreign Service, Class and appeared in the CONGRESSIONAL RECORD the Senate and appeared in the CONGRES- of Minister-Counselor, to be Ambassador Ex- of July 9, 2013. SIONAL RECORD of July 9, 2013. traordinary and Plenipotentiary of the PN653 ARMY nomination of Christopher D. PN660 NAVY nominations (20) beginning United States of America to the Democratic Perrin, which was received by the Senate TANYA CRUZ, and ending JEANINE B. Republic of the Congo. and appeared in the CONGRESSIONAL RECORD WOMBLE, which nominations were received John R. Phillips, of the District of Colum- of July 9, 2013. by the Senate and appeared in the CONGRES- bia, to be Ambassador Extraordinary and PN654 ARMY nominations (61) beginning SIONAL RECORD of July 9, 2013. Plenipotentiary of the United States of SHEENA L. ALLEN, and ending MIAO X. PN661 NAVY nominations (21) beginning America to the Italian Republic, and to serve ZHOU, which nominations were received by RENE J. ALOVA, and ending JOYCE Y. concurrently and without additional com- the Senate and appeared in the CONGRES- TURNER, which nominations were received pensation as Ambassador Extraordinary and SIONAL RECORD of July 9, 2013. by the Senate and appeared in the CONGRES- Plenipotentiary of the United States of PN655 ARMY nominations (305) beginning SIONAL RECORD of July 9, 2013. America to the Republic of San Marino. COURTNEY L. ABRAHAM, and ending PN662 NAVY nominations (28) beginning Kenneth Francis Hackett, of Maryland, to D011476, which nominations were received by JAMES ALGER, and ending JASON N. be Ambassador Extraordinary and Pleni- the Senate and appeared in the CONGRES- WOOD, which nominations were received by potentiary of the United States of America SIONAL RECORD of July 9, 2013. the Senate and appeared in the CONGRES- to the Holy See. PN656 ARMY nominations (309) beginning SIONAL RECORD of July 9, 2013. Alexa Lange Wesner, of Texas, to be Am- CHRISTOPHER L. AARON, and ending NA- PN663 NAVY nominations (33) beginning bassador Extraordinary and Plenipotentiary THAN P. ZWINTSCHER, which nominations CHRISTOPHER W. ABBOTT, and ending of the United States of America to the Re- were received by the Senate and appeared in LORENZO TARPLEY, JR., which nomina- public of Austria. the CONGRESSIONAL RECORD of July 9, 2013. tions were received by the Senate and ap- Daniel A. Sepulveda, of Florida, for the PN657 ARMY nominations (333) beginning peared in the CONGRESSIONAL RECORD of July rank of Ambassador during his tenure of RICHARD R. ABELKIS, and ending G001407, 9, 2013.

VerDate Mar 15 2010 08:47 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.109 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6257 PN664 NAVY nominations (46) beginning The legislative clerk read as follows: The PRESIDING OFFICER. Without MARY R. ANKER, and ending GEORGINA L. Nomination of Samantha Power to be Rep- objection, it is so ordered. ZUNIGA, which nominations were received resentative of the United States of America The bill (H.R. 1171) was ordered to a by the Senate and appeared in the CONGRES- to the Sessions of the General Assembly of third reading, was read the third time, SIONAL RECORD of July 9, 2013. the United Nations during her tenure of serv- and passed. PN665 NAVY nominations (47) beginning ice as Representative of the United States of f LILLIAN A. ABUAN, and ending CHRIS- America to the United Nations. TOPHER R. ZEGLEY, which nominations HELPING HEROES FLY ACT were received by the Senate and appeared in The PRESIDING OFFICER. Hearing the CONGRESSIONAL RECORD of July 9, 2013. no further debate, the question is, Will Mr. REID. Madam President, I ask PN666 NAVY nominations (144) beginning the Senate advise and consent to the unanimous consent that the Commerce ERIN G. ADAMS, and ending LUKE A. nomination of Samantha Power to be Committee be discharged from further ZABROCKI, which nominations were re- Representative of the United States of consideration of H.R. 1344, and that the ceived by the Senate and appeared in the America to the Sessions of the General Senate proceed to its immediate con- CONGRESSIONAL RECORD of July 9, 2013. Assembly of the United Nations during sideration. PN710 NAVY nomination of Timothy C. The PRESIDING OFFICER. Without Moore, Jr., which was received by the Senate her tenure of service as Representative objection, it is so ordered. and appeared in the CONGRESSIONAL RECORD of the United States of America to the of July 24, 2013. United Nations? The clerk will report the bill by title. PN711 NAVY nomination of Pierre A. The nomination was confirmed. The assistant legislative clerk read Pelletier, which was received by the Senate as follows: f and appeared in the CONGRESSIONAL RECORD A bill (H.R. 1344) to amend title 49, United of July 24, 2013. LEGISLATIVE SESSION States Code, to direct the Assistant Sec- Mr. REID. I ask unanimous consent retary of Homeland Security (Transpor- The PRESIDING OFFICER. The Sen- tation Security Administration) to provide the Senate consider the following ate will resume legislative session. nominations under the Privileged sec- expedited air passenger screening to severely tion of the Executive Calendar: Nomi- f injured or disabled members of the Armed Forces and severely injured or disabled vet- nations PN 631, PN 632, and PN 667; IMPROVE HYDROPOWER ACT AND erans, and for other purposes. that the nominations be confirmed, the HYDROPOWER DEVELOPMENT There being no objection, the Senate motions to reconsider be considered UNDER FEDERAL RECLAMATION proceeded to consider the bill. made and laid on the table with no in- Mr. REID. Madam President, I ask Mr. REID. I further ask that the tervening action or debate; that no fur- unanimous consent that the Senate Pryor substitute amendment which is ther motions be in order to the nomi- proceed to consideration of the fol- at the desk be agreed to, and the bill, nations; that any related statements lowing bills en bloc: Calendar No. 71, as amended, be read the third time and be printed in the RECORD and that the H.R. 267, and Calendar No. 72, H.R. 678. passed, and that any motions to recon- President be immediately notified of The PRESIDING OFFICER. The sider be considered made, with no in- the Senate’s action. clerk will report the bills by title. tervening action or debate. The PRESIDING OFFICER. Without The assistant legislative clerk read The PRESIDING OFFICER. Without objection, it is so ordered. as follows: objection, it is so ordered. The nominations considered and con- The amendment (No. 1848) was agreed firmed en bloc are as follows: A bill (H.R. 267) to approve hydropower, and for other purposes. to, as follows: PRIVILEGED NOMINATIONS A bill (H.R. 678) to authorize all Bureau of Strike all after the enacting clause and in- Ellen C. Herbst, of Virginia, to be an As- Reclamation conduit facilities for hydro- sert the following: sistant Secretary of Commerce, vice Scott power development under Federal Reclama- SECTION 1. SHORT TITLE. Boyer Quehl, resigned. tion law, and for other purposes. This Act may be cited as the ‘‘Helping He- roes Fly Act’’. Ellen C, Herbst, of Virginia, to be Chief Fi- There being no objection, the Senate SEC. 2. OPERATIONS CENTER PROGRAM FOR SE- nancial Officer, Department of Commerce, proceeded to the bills en bloc. vice Scott Boyer Quehl, resigned. VERELY INJURED OR DISABLED Margaret Louise Cummisky, of Hawaii, to Mr. REID. Madam President, I ask MEMBERS OF THE ARMED FORCES AND SEVERELY INJURED OR DIS- be an Assistant Secretary of Commerce, vice unanimous consent the bills be read a third time and passed en bloc, and that ABLED VETERANS. April S. Boyd, resigned. (a) IN GENERAL.—Subchapter I of chapter f the motions to reconsider be laid upon 449 of title 49, United States Code, is amend- the table, with no intervening action NOMINATION OF SAMANTHA ed by adding at the end the following: or debate. ‘‘§ 44927. Expedited screening for severely in- POWER TO BE REPRESENTATIVE The PRESIDING OFFICER. Without OF THE UNITED STATES OF jured or disabled members of the Armed objection, it is so ordered. Forces and severely injured or disabled AMERICA TO THE SESSIONS OF The bills (H.R. 267 and H.R. 678) were veterans THE GENERAL ASSEMBLY OF ordered to a third reading, were read ‘‘(a) PASSENGER SCREENING.—The Assistant THE UNITED NATIONS DURING the third time, and passed. Secretary, in consultation with the Sec- HER TENURE OF SERVICE AS retary of Defense, the Secretary of Veterans REPRESENTATIVE OF THE f Affairs, and organizations identified by the UNITED STATES OF AMERICA TO FOR VETS ACT of 2013 Secretaries of Defense and Veteran Affairs THE UNITED NATIONS that advocate on behalf of severely injured Mr. REID. Madam President, I ask or disabled members of the Armed Forces Mr. REID. I ask unanimous consent unanimous consent the Senate proceed and severely injured or disabled veterans, the Senate proceed to executive session to Calendar No. 155, H.R. 1171. shall develop and implement a process to to consider the following nomination: The PRESIDING OFFICER. The support and facilitate the ease of travel and Calendar No. 221; that the Senate pro- clerk will report the title of the bill. to the extent possible provide expedited pas- ceed to vote with no intervening action The assistant legislative clerk read senger screening services for severely injured or debate; the motion to reconsider be as follows: or disabled members of the Armed Forces considered made and laid upon the and severely injured or disabled veterans A bill (H.R. 1171) to amend title 40, United through passenger screening. The process table with no intervening action or de- States Code, to improve veterans service or- shall be designed to offer the individual pri- bate; that no further motions be in ganizations access to Federal surplus per- vate screening to the maximum extent prac- order to the nomination; that any sonal property. ticable. statements related to the nomination There being no objection, the Senate ‘‘(b) OPERATIONS CENTER.—As part of the be printed in the RECORD; the President proceeded to consider the bill. process under subsection (a), the Assistant be immediately notified of the Senate’s Mr. REID. Madam President, I ask Secretary shall maintain an operations cen- action; and the Senate then resume unanimous consent that the bill be ter to provide support and facilitate the movement of severely injured or disabled legislative session. read a third time and passed, and the members of the Armed Forces and severely The PRESIDING OFFICER. Without motion to reconsider be laid upon the injured or disabled veterans through pas- objection, the clerk will report the table, with no intervening action or de- senger screening prior to boarding a pas- nomination. bate. senger aircraft operated by an air carrier or

VerDate Mar 15 2010 08:47 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.104 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6258 CONGRESSIONAL RECORD — SENATE August 1, 2013 foreign air carrier in air transportation or There being no objection, the Senate The PRESIDING OFFICER. Without intrastate air transportation. proceeded to consider the bill. objection, it is so ordered. ‘‘(c) PROTOCOLS.—The Assistant Secretary Mr. REID. I ask unanimous consent The committee amendment was shall— ‘‘(1) establish and publish protocols, in con- that the bill be read a third time and agreed to. sultation with the Secretary of Defense, the passed, and the motion to reconsider be The bill (S. 256), as amended, was or- Secretary of Veterans Affairs, and the orga- considered made and laid upon the dered to be engrossed for a third read- nizations identified under subsection (a), table. ing, was read the third time, and under which a severely injured or disabled The PRESIDING OFFICER. Without passed, as follows: member of the Armed Forces or severely in- objection, it is so ordered. S. 256 jured or disabled veteran, or the family The bill (H.R. 2576) was ordered to a Be it enacted by the Senate and House of member or other representative of such third reading, was read the third time, member or veteran, may contact the oper- Representatives of the United States of America ations center maintained under subsection and passed. in Congress assembled, (b) and request the expedited passenger f SECTION 1. AMENDMENT. (a) IN GENERAL.—The first section and sec- screening services described in subsection (a) ENCOURAGING PEACE AND REUNI- for that member or veteran; and tion 2 of Public Law 93–435 (48 U.S.C. 1705, ‘‘(2) upon receipt of a request under para- FICATION ON THE KOREAN PE- 1706) are amended by inserting ‘‘the Com- graph (1), require the operations center to NINSULA monwealth of the Northern Mariana Is- notify the appropriate Federal Security Di- Mr. REID. I ask unanimous consent lands,’’ after ‘‘Guam,’’ each place it appears. rector of the request for expedited passenger (b) REFERENCES TO DATE OF ENACTMENT.— that the Senate proceed to H. Con. Res. For the purposes of the amendment made by screening services, as described in subsection 41. (a), for that member or veteran. subsection (a), each reference in Public Law ‘‘(d) TRAINING.—The Assistant Secretary The PRESIDING OFFICER. The 93–435 to the ‘‘date of enactment’’ shall be shall integrate training on the protocols es- clerk will report the concurrent resolu- considered to be a reference to the date of tablished under subsection (c) into the train- tion by title. the enactment of this section. ing provided to all employees who will regu- The assistant legislative clerk read SEC. 2. ADJUSTMENT OF SCHEDULED WAGE IN- larly provide the passenger screening serv- as follows: CREASES IN THE COMMONWEALTH ices described in subsection (a). OF THE NORTHERN MARIANA IS- A concurrent resolution (H. Con. Res. 41) ‘‘(e) RULE OF CONSTRUCTION.—Nothing in LANDS. encouraging peace and reunification on the this section shall affect the authority of the Section 8103(b)(1)(B) of the Fair Minimum Korean Peninsula. Assistant Secretary to require additional Wage Act of 2007 (29 U.S.C. 206 note; Public screening of a severely injured or disabled There being no objection, the Senate Law 110–28) is amended by striking ‘‘2011’’ member of the Armed Forces, a severely in- proceeded to consider the concurrent and inserting ‘‘2011, 2013, and 2015’’. jured or disabled veteran, or their accom- resolution. f panying family members or nonmedical at- Mr. REID. I ask unanimous consent tendants, if intelligence, law enforcement, or that the concurrent resolution be THE CALENDAR other information indicates that additional screening is necessary. agreed to, the preamble be agreed to, Mr. REID. Madam President, I now ‘‘(f) REPORT.—Not later than 1 year after and the motions to reconsider be con- ask unanimous consent that the Sen- the date of enactment of this section, and sidered made and laid upon the table, ate proceed to the consideration of Cal- annually thereafter, the Assistant Secretary with no intervening action or debate. endar Nos. 156 through 160, all post of- shall submit to Congress a report on the im- The PRESIDING OFFICER. Without fice naming bills en bloc. plementation of this section. Each report objection, it is so ordered. shall include each of the following: There being no objection, the Senate The concurrent resolution (H. Con. proceeded to consider the bills en bloc. ‘‘(1) Information on the training provided Res. 41) was agreed to. under subsection (d). Mr. REID. Madam President, I ask ‘‘(2) Information on the consultations be- The preamble was agreed to. unanimous consent that the bills be tween the Assistant Secretary and the orga- f read a third time and passed en bloc, nizations identified under subsection (a). AMENDING PUBLIC LAW 93–435 and the motions to reconsider be con- ‘‘(3) The number of people who accessed the sidered made and laid upon the table en operations center during the period covered Mr. REID. I ask unanimous consent bloc, with no intervening action or de- by the report. that the Senate proceed to Calendar ‘‘(4) Such other information as the Assist- bate. No. 109, S. 256. The PRESIDING OFFICER. Without ant Secretary determines is appropriate.’’. The PRESIDING OFFICER. The (b) CLERICAL AMENDMENT.—The table of objection, it is so ordered. sections at the beginning of subchapter I of clerk will report the bill by title. chapter 449 of title 49, United States Code, is The assistant legislative clerk read f amended by inserting after the item relating as follows: to section 44926 the following new item: SPECIALIST CHRISTOPHER SCOTT A bill (S. 256) to amend Public Law 93–435 POST OFFICE BUILDING ‘‘44927. Expedited screening for severely in- with respect to the Northern Mariana Is- jured or disabled members of lands, providing parity with Guam, the Vir- The bill (S. 233), to designate the fa- the Armed Forces and severely gin Islands, and American Samoa. cility of the United States Postal Serv- injured or disabled veterans.’’. ice located at 815 County Road 23 in The amendment was ordered to be There being no objection, the Senate Tyrone, New York, as the ‘‘Specialist engrossed and the bill to be read a proceeded to consider the bill, which Christopher Scott Post Office Build- third time. had been reported from the Committee The bill (H.R. 1344), as amended, was on Energy and Natural Resources, with ing,’’ was ordered to be engrossed for a read the third time and passed. an amendment, as follows: third reading, was read the third time, and passed, as follows: f SECTION 1. AMENDMENT. (a) IN GENERAL.—The first section and sec- S. 233 PIPELINE SAFETY REGULATORY tion 2 of Public Law 93–435 (48 U.S.C. 1705, Be it enacted by the Senate and House of DOCUMENT AVAILABILITY 1706) are amended by inserting ‘‘the Com- Representatives of the United States of America Mr. REID. I ask unanimous consent monwealth of the Northern Mariana Is- in Congress assembled, that the Committee on Commerce be lands,’’ after ‘‘Guam,’’ each place it appears. SECTION 1. SPECIALIST CHRISTOPHER SCOTT discharged from further consideration Section 8103(b)(1)(B) of the Fair Minimum POST OFFICE BUILDING. Wage Act of 2007 (29 U.S.C. 206 note; Public (a) DESIGNATION.—The facility of the of H.R. 2576. Law 110–28) is amended by striking ‘‘2011’’ and The PRESIDING OFFICER. Without United States Postal Service located at 815 inserting ‘‘2011, 2013, and 2015’’. County Road 23 in Tyrone, New York, shall objection, it is so ordered. Mr. REID. I ask unanimous consent be known and designated as the ‘‘Specialist The clerk will report the bill by title. Christopher Scott Post Office Building’’. The assistant legislative clerk read that the committee-reported amendment be agreed to; the bill, as amend- (b) REFERENCES.—Any reference in a law, as follows: map, regulation, document, paper, or other A bill (H.R. 2576) to amend title 49, United ed, be read a third time and passed; and record of the United States to the facility re- States Code, to modify requirements relat- the motions to reconsider be laid upon ferred to in subsection (a) shall be deemed to ing to the availability of pipeline safety reg- the table, with no intervening action be a reference to the ‘‘Specialist Christopher ulatory documents, and for other purposes. or debate. Scott Post Office Building’’.

VerDate Mar 15 2010 08:47 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.111 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2013 CONGRESSIONAL RECORD — SENATE S6259 SECTION 1. SPECIALIST CHRISTOPHER SCOTT S. 885 The preamble was agreed to. POST OFFICE BUILDING. Be it enacted by the Senate and House of (The resolution, with its preamble, is (a) DESIGNATION.—The facility of the Representatives of the United States of America printed in the RECORD of July 25, 2013, United States Postal Service located at 815 in Congress assembled, County Road 23 in Tyrone, New York, shall under ‘‘Submitted Resolutions.’’) SECTION 1. THADDEUS STEVENS POST OFFICE. be known and designated as the ‘‘Specialist f Christopher Scott Post Office Building’’. (a) DESIGNATION.—The facility of the United States Postal Service located at 35 (b) REFERENCES.—Any reference in a law, ELECTING LAURA C. DOVE AS map, regulation, document, paper, or other Park Street in Danville, Vermont, shall be SECRETARY FOR THE MINORITY record of the United States to the facility re- known and designated as the ‘‘Thaddeus Ste- OF THE SENATE ferred to in subsection (a) shall be deemed to vens Post Office’’. be a reference to the ‘‘Specialist Christopher (b) REFERENCES.—Any reference in a law, Mr. REID. Madam President, I ask Scott Post Office Building’’. map, regulation, document, paper, or other unanimous consent that the Senate record of the United States to the facility re- proceed to the consideration of S. Res. f ferred to in subsection (a) shall be deemed to 216. be a reference to the ‘‘Thaddeus Stevens STAFF SERGEANT NICHOLAS J. Post Office’’. The PRESIDING OFFICER. The REID POST OFFICE BUILDING cherk will report the resolution by f title. The bill (S. 668), to designate the fa- FIRST LIEUTENANT ALVIN CHES- The assistant legislative clerk read cility of the United States Postal Serv- TER COCKRELL, JR. POST OF- as follows: ice located at 14 Main Street in FICE BUILDING Brockport, New York, as the ‘‘Staff A resolution (S. Res. 216) electing Laura C. The bill (S. 1093), to designate the fa- Dove, of Virginia, as Secretary for the Mi- Sergeant Nicholas J. Reid Post Office nority of the Senate. Building,’’ was ordered to be engrossed cility of the United States Postal Serv- for a third reading, was read the third ice located at 130 Caldwell Drive in There being no objection, the Senate time, and passed, as follows: Hazlehurst, Mississippi, as the ‘‘First proceeded to consider the resolution. Mr. REID. Madam President, I ask S. 668 Lieutenant Alvin Chester Cockrell, Jr. Post Office Building,’’ was ordered to unanimous consent that the resolution Be it enacted by the Senate and House of be agreed to and the motion to recon- Representatives of the United States of America be engrossed for a third reading, was in Congress assembled, read the third time, and passed, as fol- sider be laid upon the table, with no intervening action or debate. SECTION 1. STAFF SERGEANT NICHOLAS J. REID lows: POST OFFICE BUILDING. S. 1093 The PRESIDING OFFICER. Without (a) DESIGNATION.—The facility of the Be it enacted by the Senate and House of objection, it is so ordered. United States Postal Service located at 14 Representatives of the United States of America The resolution (S. Res. 216) was Main Street in Brockport, New York, shall in Congress assembled, agreed to. be known and designated as the ‘‘Staff Ser- SECTION 1. FIRST LIEUTENANT ALVIN CHESTER (The resolution is printed in today’s geant Nicholas J. Reid Post Office Building’’. COCKRELL, JR. POST OFFICE BUILD- RECORD under ‘‘Submitted Resolu- (b) REFERENCES.—Any reference in a law, ING. tions.’’) map, regulation, document, paper, or other (a) DESIGNATION.—The facility of the record of the United States to the facility re- United States Postal Service located at 130 f ferred to in subsection (a) shall be deemed to Caldwell Drive in Hazlehurst, Mississippi, AMERICAN COLLEGE OF be a reference to the ‘‘Staff Sergeant Nich- shall be known and designated as the ‘‘First olas J. Reid Post Office Building’’. Lieutenant Alvin Chester Cockrell, Jr. Post SURGEONS DAYS f Office Building’’. Mr. REID. Madam President, I ask (b) REFERENCES.—Any reference in a law, unanimous consent the Senate proceed JAMES R. BURGESS JR. POST map, regulation, document, paper, or other to the consideration of S. Res. 217. OFFICE BUILDING record of the United States to the facility re- The PRESIDING OFFICER. The ferred to in subsection (a) shall be deemed to The bill (S. 796), to designate the fa- be a reference to the ‘‘First Lieutenant Alvin clerk will report the resolution by cility of the United States Postal Serv- Chester Cockrell, Jr. Post Office Building’’. title. ice located at 302 East Green Street in f The assistant legislative clerk read Champaign, Illinois, as the ‘‘James R. as follows: Burgess Jr. Post Office Building,’’ was CELEBRATING THE 200TH AUGUST A resolution (S. Res. 217) expressing sup- ordered to be engrossed for a third QUARTERLY FESTIVAL IN WIL- port for the designation of October 6, 2013, reading, was read the third time, and MINGTON, DELAWARE through October 10, 2013 as ‘‘American Col- passed, as follows: Mr. REID. Madam President, I ask lege of Surgeons Days’’ and recognizing the unanimous consent that the Judiciary 100th anniversary of the founding of the or- S. 796 ganization. Committee be discharged from further Be it enacted by the Senate and House of There being no objection, the Senate Representatives of the United States of America consideration of S. Res. 199, and the in Congress assembled, Senate proceed to its consideration. proceeded to consider the resolution. SECTION 1. JAMES R. BURGESS JR. POST OFFICE The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask BUILDING. objection, it is so ordered. unanimous consent the resolution be (a) DESIGNATION.—The facility of the The clerk will report the resolution agreed to, the preamble be agreed to, United States Postal Service located at 302 by title. the motions to reconsider be laid on East Green Street in Champaign, Illinois, The assistant legislative clerk read the table, with no intervening action shall be known and designated as the ‘‘James or debate. R. Burgess Jr. Post Office Building’’. as follows: A resolution (S. Res. 199) celebrating the The PRESIDING OFFICER. Without (b) REFERENCES.—Any reference in a law, objection, it is so ordered. map, regulation, document, paper, or other 200th August Quarterly Festival taking place record of the United States to the facility re- from August 18, 2013, through August 25, 2013, The resolution (S. Res. 217) was ferred to in subsection (a) shall be deemed to in Wilmington, Delaware. agreed to. be a reference to the ‘‘James R. Burgess Jr. There being no objection, the Senate The preamble was agreed to. Post Office Building’’. proceeded to consider the resolution. (The resolution, with its preamble, is f Mr. REID. Madam President, I ask printed in today’s RECORD under ‘‘Sub- unanimous consent that the resolution mitted Resolutions.’’) THADDEUS STEVENS POST OFFICE be agreed to, the preamble be agreed f The bill (S. 885), to designate the fa- to, and the motions to reconsider be cility of the United States Postal Serv- laid upon the table, with no inter- APPOINTMENT OF CONFEREES— ice located at 35 Park Street in vening action or debate. H.R. 2642 Danville, Vermont, as the ‘‘Thaddeus The PRESIDING OFFICER. Without Mr. REID. Mr. President, I under- Stevens Post Office,’’ was ordered to be objection, it is so ordered. stand the Chair, as previously author- engrossed for a third reading, was read The resolution (S. Res. 199) was ized, is now ready to appoint the con- the third time, and passed, as follows: agreed to. ferees to H.R. 2642.

VerDate Mar 15 2010 06:57 Aug 02, 2013 Jkt 029060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AU6.114 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S6260 CONGRESSIONAL RECORD — SENATE August 1, 2013 The PRESIDING OFFICER. The Sen- her, applaud her, and recognize how CONDITIONAL ADJOURNMENT ator is correct. fortunate the people of New Hampshire UNTIL FRIDAY, AUGUST 2, 2013, Under the order of July 18, 2013, the are to have her as a Senator. AT 11:45 A.M. Chair appoints Ms. STABENOW, Mr. I also wish to mention the pages. Mr. REID. If there is no further busi- LEAHY, Mr. HARKIN, Mr. BAUCUS, Mr. This is their last day here. They have ness to come before the Senate, I ask BROWN, Ms. KLOBUCHAR, Mr. BENNET, done a wonderful job. They do so much unanimous consent that it adjourn Mr. COCHRAN, Mr. CHAMBLISS, Mr. ROB- for us. There isn’t a day goes by that under the previous order. ERTS, Mr. BOOZMAN, and Mr. HOEVEN they don’t do something for me. I am There being no objection, the Senate, conferees on the part of the Senate. sure the Senate feels the same way. I at 8:45 p.m., conditionally adjourned f hope it has been a good experience for until Friday, August 2, at 11:45 a.m. them. APPOINTMENTS I have had three grandchildren who f The PRESIDING OFFICER. The have been pages, and it a great experi- Chair, on behalf of the President pro ence for them. I am confident the oth- NOMINATIONS tempore, pursuant to Public Law 99– ers feel the same way. Executive nominations received by 498, as amended by Public Law 110–315, the Senate: appoints the following individuals to f THE JUDICIARY the Advisory Committee on Student MICHELLE T. FRIEDLAND, OF CALIFORNIA, TO BE Financial Assistance: Michael UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIR- Poliakoff of Virginia, vice David Gruen ORDERS FOR FRIDAY, AUGUST 2, CUIT, VICE RAYMOND C. FISHER, RETIRED. 2013, THROUGH MONDAY, SEP- NANCY L. MORITZ, OF KANSAS, TO BE UNITED STATES and Andrew Gillen of Washington, DC, CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE DEANELL vice William Luckey. TEMBER 9, 2013 REECE TACHA, RETIRED. JOHN B. OWENS, OF CALIFORNIA, TO BE UNITED f Mr. REID. Madam President, I ask STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE unanimous consent that when the Sen- STEPHEN S. TROTT, RETIRED. APPOINTMENTS AUTHORITY CHRISTOPHER REID COOPER, OF THE DISTRICT OF CO- ate completes its business today, it ad- LUMBIA, TO BE UNITED STATES DISTRICT JUDGE FOR Mr. REID. Madam President, I ask THE DISTRICT OF COLUMBIA, VICE ROYCE C. LAMBERTH, journ and convene for pro forma ses- RETIRED. unanimous consent that notwith- sions only with no business conducted DANIEL D. CRABTREE, OF KANSAS, TO BE UNITED standing the upcoming recess or ad- STATES DISTRICT JUDGE FOR THE DISTRICT OF KANSAS, on the following dates and times, and VICE JOHN W. LUNGSTRUM, RETIRED. journment of the Senate, the President that following each pro forma session SHERYL H. LIPMAN, OF TENNESSEE, TO BE UNITED of the Senate, the President pro tem- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT the Senate adjourn until the next pro OF TENNESSEE, VICE JON P. MCCALLA, RETIRED. pore and the majority and minority forma session: Friday, August 2 at 11:45 GERALD AUSTIN MCHUGH, JR., OF PENNSYLVANIA, TO leaders be authorized to make appoint- BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN a.m.; Tuesday, August 6 at 10:30 a.m.; DISTRICT OF PENNSYLVANIA, VICE HARVEY BARTLE, III, ments to commissions, committees, Friday, August 9 at 12 p.m.; Tuesday, RETIRED. boards, conferences or interparliamen- M. DOUGLAS HARPOOL, OF MISSOURI, TO BE UNITED August 13 at 12 p.m.; Friday, August 16 STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT tary conferences authorized by law, by at 12 p.m.; Tuesday, August 20 at 11:00 OF MISSOURI, VICE RICHARD E. DORR, DECEASED. concurrent action of the two Houses or EDWARD G. SMITH, OF PENNSYLVANIA, TO BE UNITED a.m.; Friday, August 23 at 12 p.m.; STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT by order of the Senate. Tuesday, August 27 at 9 a.m.; Friday OF PENNSYLVANIA, VICE BERLE M. SCHILLER, RETIRED. The PRESIDING OFFICER. Without August 30 at 2 p.m.; Tuesday, Sep- DEPARTMENT OF JUSTICE objection, it is so ordered. tember 3 at 9:15 a.m.; and Friday, Sep- GARY BLANKINSHIP, OF TEXAS, TO BE UNITED STATES f tember 6 at 5 p.m; and that the Senate MARSHAL FOR THE SOUTHERN DISTRICT OF TEXAS FOR adjourn on Friday, September 6, until 2 THE TERM OF FOUR YEARS, VICE RUBEN MONZON, RE- AUTHORITY FOR COMMITTEES TO SIGNED. p.m.; that on Monday, September 9, ROBERT L. HOBBS, OF TEXAS, TO BE UNITED STATES REPORT MARSHAL FOR THE EASTERN DISTRICT OF TEXAS FOR 2013, unless the Senate receives a mes- THE TERM OF FOUR YEARS, VICE JOHN LEE MOORE, Mr. REID. Madam President, I ask sage from the House that it has adopt- TERM EXPIRED. AMOS ROJAS, JR., OF FLORIDA, TO BE UNITED STATES unanimous consent that notwith- ed S. Con. Res. 22, the adjournment res- MARSHAL FOR THE SOUTHERN DISTRICT OF FLORIDA standing the Senate’s recess, commit- olution, and that if the Senate receives FOR THE TERM OF FOUR YEARS, VICE CHRISTINA PHARO, TERM EXPIRED. tees be authorized to report legislative such a message, the Senate adjourn PETER C. TOBIN, OF OHIO, TO BE UNITED STATES MAR- matters and executive matters on until 12 p.m. on Monday, August 12, for SHAL FOR THE SOUTHERN DISTRICT OF OHIO FOR A TERM OF FOUR YEARS, VICE CATHY JO JONES, RE- Wednesday, September 4, from 11 a.m. a pro forma session only with no busi- SIGNED. to 1 p.m. ness conducted, pursuant to S. Con COMMODITY FUTURES TRADING COMMISSION The PRESIDING OFFICER. Without Res. 22, and that following the pro J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE A objection, it is so ordered. forma session, the Senate adjourn until COMMISSIONER OF THE COMMODITY FUTURES TRADING 2:00 p.m. on Monday, September 9, 2013; COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- f ING APRIL 13, 2014, VICE JILL SOMMERS, RESIGNED. that on Monday, following the prayer DEPARTMENT OF DEFENSE SIGNING AUTHORITY and pledge, the morning hour be Mr. REID. I ask unanimous consent DEBORAH LEE JAMES, OF VIRGINIA, TO BE SECRETARY deemed expired, the Journal of pro- OF THE AIR FORCE, VICE MICHAEL BRUCE DONLEY, RE- that during the adjournment or recess ceedings be approved to date, and the SIGNED. of the Senate Thursday, August 1, time for the two leaders be reserved for DEPARTMENT OF ENERGY through Monday, September 9, Sen- their use later in the day; and that fol- FRANK G. KLOTZ, OF VIRGINIA, TO BE UNDER SEC- ators CARDIN and LEVIN be authorized lowing any leader remarks, the Senate RETARY FOR NUCLEAR SECURITY, VICE THOMAS P. to sign duly enrolled bills or joint reso- be in a period of morning business until D’AGOSTINO, RESIGNED. lutions. 5 p.m. with Senators permitted to NATIONAL TRANSPORTATION SAFETY BOARD The PRESIDING OFFICER. Without speak therein for up to 10 minutes CHRISTOPHER A. HART, OF COLORADO, TO BE A MEM- BER OF THE NATIONAL TRANSPORTATION SAFETY objection, it is so ordered. each; that following morning business, BOARD FOR A TERM EXPIRING DECEMBER 31, 2017. (RE- EXPRESSIONS OF APPRECIATION the Senate proceed to executive session APPOINTMENT) DEBORAH A. P. HERSMAN, OF VIRGINIA, TO BE CHAIR- Mr. REID. Madam President, there to consider Calendar Nos. 184 and 185, MAN OF THE NATIONAL TRANSPORTATION SAFETY under the previous order. BOARD FOR A TERM OF TWO YEARS. (REAPPOINTMENT) are two things I wish to mention before DEBORAH A. P. HERSMAN, OF VIRGINIA, TO BE A MEM- we close. The PRESIDING OFFICER. Without BER OF THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A TERM EXPIRING DECEMBER 31, 2018. (RE- First, the Presiding Officer has objection, it is so ordered. APPOINTMENT) worked for years on an energy effi- FEDERAL COMMUNICATIONS COMMISSION ciency bill. We are finally going to be f MICHAEL P. O’RIELLY, OF NEW YORK, TO BE A MEMBER able to get to that. This is the first En- OF THE FEDERAL COMMUNICATIONS COMMISSION FOR ergy bill we have had in, I think, 5 THE REMAINDER OF THE TERM EXPIRING JUNE 30, 2014, SCHEDULE VICE ROBERT M. MCDOWELL, RESIGNED. years. It is a bipartisan piece of legislation, Mr. REID. The next rollcall vote will DEPARTMENT OF COMMERCE but the impetus behind this legislation be 5:30 p.m. on Monday, September 9, KATHRYN D. SULLIVAN, OF OHIO, TO BE UNDER SEC- RETARY OF COMMERCE FOR OCEANS AND ATMOSPHERE, is this Presiding Officer. I commend 2013. VICE JANE LUBCHENCO, RESIGNED.

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DEPARTMENT OF ENERGY KARA MARLENE STEIN, OF MARYLAND, TO BE A MEM- LORETTA CHERYL SUTLIFF, OF NEVADA, TO BE A MEM- BER OF THE SECURITIES AND EXCHANGE COMMISSION BER OF THE BOARD OF DIRECTORS OF THE CORPORA- STEVEN CROLEY, OF MICHIGAN, TO BE GENERAL COUN- FOR A TERM EXPIRING JUNE 5, 2017. TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING SEL OF THE DEPARTMENT OF ENERGY, VICE GREGORY MICHAEL SEAN PIWOWAR, OF VIRGINIA, TO BE A MEM- JANUARY 31, 2018. HOWARD WOODS. BER OF THE SECURITIES AND EXCHANGE COMMISSION DEPARTMENT OF COMMERCE DEPARTMENT OF THE TREASURY FOR A TERM EXPIRING JUNE 5, 2018. NATIONAL FOUNDATION ON THE ARTS AND THE MARK E. SCHAEFER, OF CALIFORNIA, TO BE ASSISTANT KAREN DYNAN, OF MARYLAND, TO BE AN ASSISTANT SECRETARY OF COMMERCE FOR OCEANS AND ATMOS- SECRETARY OF THE TREASURY, VICE JANICE EBERLY. HUMANITIES PHERE. DEPARTMENT OF HOMELAND SECURITY GERALD LYN EARLY, OF MISSOURI, TO BE A MEMBER AMTRAK BOARD OF DIRECTORS OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A R. GIL KERLIKOWSKE, OF THE DISTRICT OF COLUMBIA, TERM EXPIRING JANUARY 26, 2018. THOMAS C. CARPER, OF ILLINOIS, TO BE A DIRECTOR TO BE COMMISSIONER OF CUSTOMS, DEPARTMENT OF DANIEL IWAO OKIMOTO, OF CALIFORNIA, TO BE A MEM- OF THE AMTRAK BOARD OF DIRECTORS FOR A TERM OF HOMELAND SECURITY, VICE ALAN D. BERSIN, RESIGNED. BER OF THE NATIONAL COUNCIL ON THE HUMANITIES FIVE YEARS. DEPARTMENT OF THE TREASURY FOR A TERM EXPIRING JANUARY 26, 2018. IN THE COAST GUARD JOHN ANDREW KOSKINEN, OF THE DISTRICT OF COLUM- DEPARTMENT OF STATE PURSUANT TO THE AUTHORITY OF SECTION 271(D), BIA, TO BE COMMISSIONER OF INTERNAL REVENUE FOR DANIEL BROOKS BAER, OF COLORADO, TO BE U.S. REP- TITLE 14, U.S. CODE, THE FOLLOWING OFFICERS FOR AP- THE TERM EXPIRING NOVEMBER 12, 2017, VICE DOUGLAS RESENTATIVE TO THE ORGANIZATION FOR SECURITY POINTMENT TO THE GRADE INDICATED IN THE U.S. H. SHULMAN, TERM EXPIRED. AND COOPERATION IN EUROPE, WITH THE RANK OF AM- COAST GUARD: DEPARTMENT OF STATE BASSADOR. To be rear admiral DOUGLAS EDWARD LUTE, OF INDIANA, TO BE UNITED MATTHEW T. HARRINGTON, OF VIRGINIA, A CAREER STATES PERMANENT REPRESENTATIVE ON THE COUN- BRUCE D. BAFFER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CIL OF THE NORTH ATLANTIC TREATY ORGANIZATION, MARK E. BUTT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND WITH THE RANK AND STATUS OF AMBASSADOR EX- DAVID R. CALLAHAN PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TRAORDINARY AND PLENIPOTENTIARY. STEPHEN P. METRUCK TO THE KINGDOM OF LESOTHO. SAMANTHA POWER, OF MASSACHUSETTS, TO BE THE JOSEPH A. SERVIDIO ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER REPRESENTATIVE OF THE UNITED STATES OF AMERICA OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER PURSUANT TO THE AUTHORITY OF SECTION 12203(A), TO THE UNITED NATIONS, WITH THE RANK AND STATUS TITLE 10, U.S. CODE, THE FOLLOWING OFFICERS FOR AP- AMBASSADOR, TO BE ASSISTANT SECRETARY OF STATE OF AMBASSADOR EXTRAORDINARY AND PLENI- (NEAR EASTERN AFFAIRS), VICE JEFFERY D. FELTMAN POINTMENT TO THE GRADE INDICATED IN THE U.S. POTENTIARY, AND THE REPRESENTATIVE OF THE RESIGNED. COAST GUARD RESERVE: UNITED STATES OF AMERICA IN THE SECURITY COUNCIL PAMELA K. HAMAMOTO, OF HAWAII, TO BE REP- OF THE UNITED NATIONS. To be rear admiral RESENTATIVE OF THE UNITED STATES OF AMERICA TO SAMANTHA POWER, OF MASSACHUSETTS, TO BE REP- THE OFFICE OF THE UNITED NATIONS AND OTHER INTER- KURT B. HINRICHS RESENTATIVE OF THE UNITED STATES OF AMERICA TO NATIONAL ORGANIZATIONS IN GENEVA, WITH THE RANK THE SESSIONS OF THE GENERAL ASSEMBLY OF THE THE FOLLOWING OFFICER FOR APPOINTMENT TO THE OF AMBASSADOR, VICE BETTY E. KING. UNITED NATIONS DURING HER TENURE OF SERVICE AS GRADE INDICATED IN THE U.S. COAST GUARD PURSUANT SARAH SEWALL, OF MASSACHUSETTS, TO BE AN REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE AUTHORITY OF SECTION 271(D), TITLE 14, U.S. UNDER SECRETARY OF STATE (CIVILIAN SECURITY, DE- TO THE UNITED NATIONS. CODE: MOCRACY, AND HUMAN RIGHTS), VICE MARIA OTERO, RE- SIGNED. CATHERINE M. RUSSELL, OF THE DISTRICT OF COLUM- To be rear admiral BIA, TO BE AMBASSADOR AT LARGE FOR GLOBAL WOM- NATIONAL LABOR RELATIONS BOARD EN’S ISSUES. RICHARD T. GROMLICH RICHARD F. GRIFFIN, JR., OF THE DISTRICT OF COLUM- NATIONAL FOUNDATION ON THE ARTS AND THE DEPARTMENT OF DEFENSE BIA, TO BE GENERAL COUNSEL OF THE NATIONAL LABOR HUMANITIES RELATIONS BOARD FOR A TERM OF FOUR YEARS, VICE SUSAN J. RABERN, OF KANSAS, TO BE AN ASSISTANT RONALD E. MEISBURG, RESIGNED. KATHERINE H. TACHAU, OF IOWA, TO BE A MEMBER OF SECRETARY OF THE NAVY. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A DENNIS V. MCGINN, OF MARYLAND, TO BE AN ASSIST- DEPARTMENT OF HOMELAND SECURITY TERM EXPIRING JANUARY 26, 2018. ANT SECRETARY OF THE NAVY. STEVAN EATON BUNNELL, OF THE DISTRICT OF CO- UNITED STATES INSTITUTE OF PEACE IN THE ARMY LUMBIA, TO BE GENERAL COUNSEL, DEPARTMENT OF THE FOLLOWING NAMED OFFICER FOR REAPPOINT- HOMELAND SECURITY, VICE IVAN K. FONG, RESIGNED. STEPHEN J. HADLEY, OF THE DISTRICT OF COLUMBIA, MENT AS THE CHAIRMAN OF THE JOINT CHIEFS OF TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE FEDERAL LABOR RELATIONS AUTHORITY STAFF AND APPOINTMENT TO THE GRADE INDICATED UNITED STATES INSTITUTE OF PEACE FOR A TERM OF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOUR YEARS. PATRICK PIZZELLA, OF VIRGINIA, TO BE A MEMBER OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 152 THE FEDERAL LABOR RELATIONS AUTHORITY FOR A NATIONAL FOUNDATION ON THE ARTS AND THE AND 601: TERM OF FIVE YEARS EXPIRING JULY 1, 2015, VICE THOM- AS M. BECK, RESIGNED. HUMANITIES To be general DEPARTMENT OF HOMELAND SECURITY JOHN UNSWORTH, OF MASSACHUSETTS, TO BE A MEM- GEN. MARTIN E. DEMPSEY BER OF THE NATIONAL COUNCIL ON THE HUMANITIES SUZANNE ELEANOR SPAULDING, OF VIRGINIA, TO BE FOR A TERM EXPIRING JANUARY 26, 2016. IN THE NAVY UNDER SECRETARY, DEPARTMENT OF HOMELAND SECU- DOROTHY KOSINSKI, OF THE DISTRICT OF COLUMBIA, RITY, VICE RAND BEERS. THE FOLLOWING NAMED OFFICER FOR REAPPOINT- TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE MENT AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF DEPARTMENT OF JUSTICE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2016. STAFF AND APPOINTMENT TO THE GRADE INDICATED GOVERNMENT PRINTING OFFICE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PETER JOSEPH KADZIK, OF NEW YORK, TO BE AN AS- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 SISTANT ATTORNEY GENERAL, VICE RONALD H. WEICH, DAVITA VANCE–COOKS, OF VIRGINIA, TO BE PUBLIC AND 154: RESIGNED. PRINTER. To be admiral DEPARTMENT OF VETERANS AFFAIRS UNITED STATES INTERNATIONAL TRADE ADM. JAMES A. WINNEFELD, JR. LINDA A. SCHWARTZ, OF CONNECTICUT, TO BE ASSIST- COMMISSION ANT SECRETARY OF VETERANS AFFAIRS, VICE RAUL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEREA–HENZE, RESIGNED. F. SCOTT KIEFF, OF ILLINOIS, TO BE A MEMBER OF THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNITED STATES INTERNATIONAL TRADE COMMISSION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND f FOR THE TERM EXPIRING JUNE 16, 2020. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CONFIRMATIONS UNITED STATES TAX COURT To be admiral Executive nominations confirmed by JOSEPH W. NEGA, OF ILLINOIS, TO BE A JUDGE OF THE ADM. CECIL E.D. HANEY UNITED STATES TAX COURT FOR A TERM OF FIFTEEN IN THE ARMY the Senate August 1, 2013: YEARS. MICHAEL B. THORNTON, OF VIRGINIA, TO BE A JUDGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE JUDICIARY OF THE UNITED STATES TAX COURT FOR A TERM OF FIF- IN THE UNITED STATES ARMY TO THE GRADE INDICATED RAYMOND T. CHEN, OF MARYLAND, TO BE UNITED TEEN YEARS. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT. DEPARTMENT OF AGRICULTURE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be general DEPARTMENT OF EDUCATION ROBERT BONNIE, OF VIRGINIA, TO BE UNDER SEC- JANET LORRAINE LABRECK, OF MASSACHUSETTS, TO RETARY OF AGRICULTURE FOR NATURAL RESOURCES LT. GEN. CURTIS M. SCAPARROTTI AND ENVIRONMENT. BE COMMISSIONER OF THE REHABILITATION SERVICES IN THE AIR FORCE ADMINISTRATION, DEPARTMENT OF EDUCATION. KRYSTA L. HARDEN, OF GEORGIA, TO BE DEPUTY SEC- RETARY OF AGRICULTURE. OCCUPATIONAL SAFETY AND HEALTH REVIEW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONAL INSTITUTE OF BUILDING SCIENCES IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COMMISSION CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TIMOTHY HYUNGROCK HAAHS, OF PENNSYLVANIA, TO AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CYNTHIA L. ATTWOOD, OF VIRGINIA, TO BE A MEMBER BE A MEMBER OF THE BOARD OF DIRECTORS OF THE NA- 601: OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW TIONAL INSTITUTE OF BUILDING SCIENCES FOR A TERM COMMISSION FOR A TERM EXPIRING APRIL 27, 2019. To be lieutenant general EXPIRING SEPTEMBER 7, 2014. DEPARTMENT OF JUSTICE CORPORATION FOR PUBLIC BROADCASTING MAJ. GEN. STEPHEN W. WILSON STUART F. DELERY, OF THE DISTRICT OF COLUMBIA, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO BE AN ASSISTANT ATTORNEY GENERAL. JANNETTE LAKE DATES, OF MARYLAND, TO BE A MEM- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BER OF THE BOARD OF DIRECTORS OF THE CORPORA- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NATIONAL CREDIT UNION ADMINISTRATION TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JANUARY 31, 2016. 601: RICHARD T. METSGER, OF OREGON, TO BE A MEMBER BRUCE M. RAMER, OF CALIFORNIA, TO BE A MEMBER OF THE NATIONAL CREDIT UNION ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE CORPORATION To be general BOARD FOR A TERM EXPIRING AUGUST 2, 2017. FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- LT. GEN. ROBIN RAND EXECUTIVE OFFICE OF THE PRESIDENT UARY 31, 2018. BRENT FRANKLIN NELSEN, OF SOUTH CAROLINA, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON FURMAN, OF NEW YORK, TO BE A MEMBER AND A MEMBER OF THE BOARD OF DIRECTORS OF THE COR- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CHAIRMAN OF THE COUNCIL OF ECONOMIC ADVISERS. PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SECURITIES AND EXCHANGE COMMISSION PIRING JANUARY 31, 2016. HOWARD ABEL HUSOCK, OF NEW YORK, TO BE A MEM- 601: MARY JO WHITE, OF NEW YORK, TO BE A MEMBER OF BER OF THE BOARD OF DIRECTORS OF THE CORPORA- To be lieutenant general THE SECURITIES AND EXCHANGE COMMISSION FOR A TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING TERM EXPIRING JUNE 5, 2019. JANUARY 31, 2018. MAJ. GEN. RUSSELL J. HANDY

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THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COLONEL CLARENCE D. TURNER REAR ADM. (LH) PETER J. FANTA STATES OFFICER FOR APPOINTMENT IN THE RESERVE COLONEL MICHAEL J. WARMACK REAR ADM. (LH) DAVID J. GALE OF THE AIR FORCE TO THE GRADE INDICATED UNDER COLONEL ERIC J. WESLEY REAR ADM. (LH) PHILIP G. HOWE TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) WILLIAM K. LESCHER REAR ADM. (LH) MARK C. MONTGOMERY To be brigadier general IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND REAR ADM. (LH) FRANK A. MORNEAU REAR ADM. (LH) JEFFREY R. PENFIELD COL. ROGER L. NYE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REAR ADM. (LH) FREDERICK J. ROEGGE IN THE ARMY To be lieutenant general REAR ADM. (LH) PHILLIP G. SAWYER REAR ADM. (LH) MICHAEL S. WHITE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. KENNETH E. TOVO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES ARMY TO THE GRADE INDICATED INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral (lower half) To be lieutenant general To be lieutenant general CAPT. RUSSELL E. ALLEN MAJ. GEN. DAVID L. MANN CAPT. WILLIAM M. CRANE MAJ. GEN. ROBERT B. ABRAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. THOMAS W. MAROTTA THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED SERVE OF THE ARMY TO THE GRADE INDICATED UNDER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be major general MAJ. GEN. RAYMOND A. THOMAS III To be vice admiral BRIG. GEN. KEVIN L. MCNEELY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. KURT W. TIDD IN THE RESERVE OF THE ARMY TO THE GRADE INDI- IN THE MARINE CORPS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be brigadier general IN THE UNITED STATES MARINE CORPS TO THE GRADE UNDER TITLE 10, U.S.C., SECTION 624: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- To be rear admiral (lower half) COL. MARION GARCIA TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., THE FOLLOWING ARMY NATIONAL GUARD OF THE SECTION 601: CAPT. KENNETH J. IVERSON UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be lieutenant general DEPARTMENT OF STATE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LT. GEN. THOMAS D. WALDHAUSER MORRELL JOHN BERRY, OF MARYLAND, TO BE AMBAS- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF IN THE NAVY To be brigadier general THE UNITED STATES OF AMERICA TO AUSTRALIA. COL. JOHN W. LATHROP THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICIA MARIE HASLACH, OF OREGON, A CAREER IN THE UNITED STATES NAVY RESERVE TO THE GRADE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- IN THE UNITED STATES ARMY TO THE GRADE INDICATED DINARY AND PLENIPOTENTIARY OF THE UNITED STATES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be rear admiral (lower half) OF AMERICA TO THE FEDERAL DEMOCRATIC REPUBLIC RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. DEBORAH P. HAVEN OF ETHIOPIA. To be lieutenant general REUBEN EARL BRIGETY, II, OF FLORIDA, TO BE REP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESENTATIVE OF THE UNITED STATES OF AMERICA TO IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAJ. GEN. EDWARD C. CARDON THE AFRICAN UNION, WITH THE RANK AND STATUS OF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601; AS THE DEPUTY JUDGE ADVOCATE GENERAL, UNITED DANIEL A. CLUNE, OF MARYLAND, A CAREER MEMBER AND FOR APPOINTMENT AS A SENIOR MEMBER OF THE OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– STATES ARMY, AND FOR APPOINTMENT IN THE UNITED MILITARY STAFF COMMITTEE OF THE UNITED NATIONS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND STATES ARMY TO THE GRADE INDICATED IN ACCORD- UNDER TITLE 10, U.S.C., SECTION 711: ANCE WITH TITLE 10, U.S.C., SECTIONS 3037 AND 3064: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA To be vice admiral TO THE LAO PEOPLE’S DEMOCRATIC REPUBLIC. To be major general PATRICK HUBERT GASPARD, OF NEW YORK, TO BE AM- VICE ADM. FRANK C. PANDOLFE BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BRIG. GEN. THOMAS E. AYRES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED SOUTH AFRICA. AS THE JUDGE ADVOCATE GENERAL, UNITED STATES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND STEPHANIE SANDERS SULLIVAN, OF NEW YORK, A CA- ARMY AND FOR APPOINTMENT IN THE UNITED STATES RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REER MEMBER OF THE SENIOR FOREIGN SERVICE, ARMY TO THE GRADE INDICATED WHILE SERVING AS To be admiral CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR THE JUDGE ADVOCATE GENERAL IN ACCORDANCE WITH EXTRAORDINARY AND PLENIPOTENTIARY OF THE TITLE 10, U.S.C., SECTIONS 3037 AND 3064: VICE ADM. HARRY B. HARRIS, JR. UNITED STATES OF AMERICA TO THE REPUBLIC OF THE CONGO. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general JOSEPH Y. YUN, OF OREGON, A CAREER MEMBER OF AS CHIEF OF NAVAL PERSONNEL, UNITED STATES NAVY, THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– BRIG. GEN. FLORA D. DARPINO AND APPOINTMENT TO THE GRADE INDICATED WHILE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 5141: IN THE UNITED STATES ARMY TO THE GRADE INDICATED TO MALAYSIA. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral LINDA THOMAS–GREENFIELD, OF LOUISIANA, TO BE AN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ASSISTANT SECRETARY OF STATE (AFRICAN AFFAIRS). REAR ADM. WILLIAM F. MORAN To be lieutenant general JAMES F. ENTWISTLE, OF VIRGINIA, A CAREER MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- MAJ. GEN. MICHAEL S. TUCKER IN THE UNITED STATES NAVY TO THE GRADE INDICATED ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DINARY AND PLENIPOTENTIARY OF THE UNITED STATES RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES ARMY TO THE GRADE INDICATED OF AMERICA TO THE FEDERAL REPUBLIC OF NIGERIA. UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: To be vice admiral DAVID D. PEARCE, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- To be brigadier general, judge advocate REAR ADM. JAMES F. CALDWELL, JR. ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- general’s corps THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IPOTENTIARY OF THE UNITED STATES OF AMERICA TO IN THE UNITED STATES NAVY TO THE GRADE INDICATED GREECE. COL. CHARLES N. PEDE UNDER TITLE 10, U.S.C., SECTION 624: JOHN B. EMERSON, OF CALIFORNIA, TO BE AMBAS- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be rear admiral THE UNITED STATES OF AMERICA TO THE FEDERAL RE- UNDER TITLE 10, U.S.C., SECTION 624: PUBLIC OF GERMANY. REAR ADM. (LH) DAVID F. BAUCOM JOHN RUFUS GIFFORD, OF MASSACHUSETTS, TO BE To be brigadier general REAR ADM. (LH) VINCENT L. GRIFFITH AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT OF THE UNITED STATES OF AMERICA TO DENMARK. COLONEL CARL A. ALEX IN THE UNITED STATES NAVY TO THE GRADE INDICATED DENISE CAMPBELL BAUER, OF CALIFORNIA, TO BE AM- COLONEL CHRISTOPHER F. BENTLEY UNDER TITLE 10, U.S.C., SECTION 624: BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF COLONEL JAMES R. BLACKBURN To be rear admiral THE UNITED STATES OF AMERICA TO BELGIUM. COLONEL WILLIAM M. BURLESON III JAMES COSTOS, OF CALIFORNIA, TO BE AMBASSADOR COLONEL CHRISTOPHER G. CAVOLI REAR ADM. (LH) COLIN G. CHINN EXTRAORDINARY AND PLENIPOTENTIARY OF THE COLONEL PAUL A. CHAMBERLAIN REAR ADM. (LH) ELAINE C. WAGNER UNITED STATES OF AMERICA TO SPAIN. COLONEL WILLIAM E. COLE JAMES COSTOS, OF CALIFORNIA, TO SERVE CONCUR- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL RICHARD B. DIX RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL JEFFREY A. FARNSWORTH AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY UNDER TITLE 10, U.S.C., SECTION 624: COLONEL BRYAN P. FENTON OF THE UNITED STATES OF AMERICA TO ANDORRA. COLONEL PATRICIA A. FROST To be rear admiral COLONEL DOUGLAS M. GABRAM ENVIRONMENTAL PROTECTION AGENCY COLONEL JEFFREY A. GABBERT REAR ADM. (LH) PAUL B. BECKER AVI GARBOW, OF VIRGINIA, TO BE AN ASSISTANT AD- COLONEL JOHN A. GEORGE REAR ADM. (LH) MATTHEW J. KOHLER MINISTRATOR OF THE ENVIRONMENTAL PROTECTION COLONEL RANDY A. GEORGE REAR ADM. (LH) JAN E. TIGHE AGENCY. COLONEL MARIA R. GERVAIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES J. JONES, OF THE DISTRICT OF COLUMBIA, TO COLONEL DAVID P. GLASER IN THE UNITED STATES NAVY TO THE GRADE INDICATED BE ASSISTANT ADMINISTRATOR FOR TOXIC SUBSTANCES COLONEL THOMAS C. GRAVES UNDER TITLE 10, U.S.C., SECTION 624: OF THE ENVIRONMENTAL PROTECTION AGENCY. COLONEL JOHN F. HALEY COLONEL PETER L. JONES To be rear admiral FEDERAL MINE SAFETY AND HEALTH REVIEW COLONEL RICHARD G. KAISER REAR ADM. (LH) DAVID H. LEWIS COMMISSION COLONEL JOHN S. KEM REAR ADM. (LH) THOMAS J. MOORE COLONEL ROBERT L. MARION ROBERT F. COHEN, JR., OF WEST VIRGINIA, TO BE A REAR ADM. (LH) JAMES D. SYRING COLONEL DENNIS S. MCKEAN MEMBER OF THE FEDERAL MINE SAFETY AND HEALTH COLONEL FRANK M. MUTH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REVIEW COMMISSION FOR A TERM OF SIX YEARS EXPIR- COLONEL LEOPOLDO A. QUINTAS, JR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ING AUGUST 30, 2018. COLONEL KURT J. RYAN UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM IRA ALTHEN, OF VIRGINIA, TO BE A MEMBER COLONEL MARK C. SCHWARTZ To be rear admiral OF THE FEDERAL MINE SAFETY AND HEALTH REVIEW COLONEL SCOTT A. SPELLMON COMMISSION FOR A TERM OF SIX YEARS EXPIRING AU- COLONEL JOHN P. SULLIVAN REAR ADM. (LH) JOHN C. AQUILINO GUST 30, 2018.

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DEPARTMENT OF EDUCATION MATTHEW C. ARMSTRONG, OF ILLINOIS, TO BE A MEM- ARMY NOMINATION OF CURTIS J. ALITZ, TO BE COLO- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR NEL. CATHERINE ELIZABETH LHAMON, OF CALIFORNIA, TO A TERM EXPIRING AUGUST 13, 2015. ARMY NOMINATIONS BEGINNING WITH GUY R. BE ASSISTANT SECRETARY FOR CIVIL RIGHTS, DEPART- JEFFREY SHELL, OF CALIFORNIA, TO BE CHAIRMAN OF BEAUDOIN AND ENDING WITH REBECCA A. YOUNG, WHICH MENT OF EDUCATION. THE BROADCASTING BOARD OF GOVERNORS. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JEFFREY SHELL, OF CALIFORNIA, TO BE A MEMBER OF PEARED IN THE CONGRESSIONAL RECORD ON JULY 24, DEPARTMENT OF COMMERCE THE BROADCASTING BOARD OF GOVERNORS FOR A TERM 2013. EXPIRING AUGUST 13, 2015. JOHN H. THOMPSON, OF THE DISTRICT OF COLUMBIA, IN THE NAVY TO BE DIRECTOR OF THE CENSUS FOR THE REMAINDER IN THE AIR FORCE OF THE TERM EXPIRING DECEMBER 31, 2016. NAVY NOMINATION OF JACKIE S. FANTES, TO BE COM- AIR FORCE NOMINATIONS BEGINNING WITH WENDY J. MANDER. NATIONAL MEDIATION BOARD BEAL AND ENDING WITH JARED K. YOUNG, WHICH NOMI- NAVY NOMINATION OF DORAN T. KELVINGTON, TO BE NATIONS WERE RECEIVED BY THE SENATE AND AP- COMMANDER. HARRY R. HOGLANDER, OF MASSACHUSETTS, TO BE A PEARED IN THE CONGRESSIONAL RECORD ON APRIL 9, NAVY NOMINATIONS BEGINNING WITH ORENTHAL G. MEMBER OF THE NATIONAL MEDIATION BOARD FOR A 2013. ADDERSON AND ENDING WITH JOHN F. WARNER III, TERM EXPIRING JULY 1, 2014. AIR FORCE NOMINATION OF PETER C. RHEE, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LINDA A. PUCHALA, OF MARYLAND, TO BE A MEMBER MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON OF THE NATIONAL MEDIATION BOARD FOR A TERM EX- AIR FORCE NOMINATION OF JOSEPH M. MARKUSFELD, JUNE 27, 2013. PIRING JULY 1, 2015. TO BE LIEUTENANT COLONEL. NAVY NOMINATIONS BEGINNING WITH PHILIP B. NICHOLAS CHRISTOPHER GEALE, OF VIRGINIA, TO BE A AIR FORCE NOMINATIONS BEGINNING WITH DEONDRA BAGROW AND ENDING WITH DAVID M. TODD, WHICH P. ASIKE AND ENDING WITH GREGORY C. TROLLEY, MEMBER OF THE NATIONAL MEDIATION BOARD FOR A NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TERM EXPIRING JULY 1, 2016. PEARED IN THE CONGRESSIONAL RECORD ON JULY 9, AND APPEARED IN THE CONGRESSIONAL RECORD ON 2013. JULY 24, 2013. DEPARTMENT OF STATE NAVY NOMINATIONS BEGINNING WITH TANYA CRUZ MATTHEW WINTHROP BARZUN, OF KENTUCKY, TO BE IN THE ARMY AND ENDING WITH JEANINE B. WOMBLE, WHICH NOMINA- AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF RONALD E. BERESKY, TO BE OF THE UNITED STATES OF AMERICA TO THE UNITED IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. MAJOR. KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND. NAVY NOMINATIONS BEGINNING WITH RENE J. ALOVA ARMY NOMINATION OF JAMES B. COLLINS, TO BE AND ENDING WITH JOYCE Y. TURNER, WHICH NOMINA- DAVID HALE, OF NEW JERSEY, A CAREER MEMBER OF MAJOR. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH JONATHAN H. IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CODY AND ENDING WITH JUSTIN M. MARCHESI, WHICH PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA NAVY NOMINATIONS BEGINNING WITH JAMES ALGER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH JASON N. WOOD, WHICH NOMINATIONS TO THE REPUBLIC OF LEBANON. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 20, WERE RECEIVED BY THE SENATE AND APPEARED IN THE LILIANA AYALDE, OF MARYLAND, A CAREER MEMBER 2013. CONGRESSIONAL RECORD ON JULY 9, 2013. OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER ARMY NOMINATIONS BEGINNING WITH JOSEPH L. NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND BIEHLER AND ENDING WITH BIENVENIDO W. ABBOTT AND ENDING WITH LORENZO TARPLEY, JR., PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA SERRANOCASTRO, WHICH NOMINATIONS WERE RECEIVED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO THE FEDERATIVE REPUBLIC OF BRAZIL. BY THE SENATE AND APPEARED IN THE CONGRESSIONAL AND APPEARED IN THE CONGRESSIONAL RECORD ON KIRK W.B. WAGAR, OF FLORIDA, TO BE AMBASSADOR RECORD ON JUNE 24, 2013. JULY 9, 2013. EXTRAORDINARY AND PLENIPOTENTIARY OF THE ARMY NOMINATION OF DEAN C. ANDERSON, TO BE NAVY NOMINATIONS BEGINNING WITH MARY R. ANKER UNITED STATES OF AMERICA TO THE REPUBLIC OF LIEUTENANT COLONEL. AND ENDING WITH GEORGINA L. ZUNIGA, WHICH NOMINA- SINGAPORE. ARMY NOMINATION OF CHRISTOPHER D. PERRIN, TO BE TERENCE PATRICK MCCULLEY, OF WASHINGTON, A CA- COLONEL. TIONS WERE RECEIVED BY THE SENATE AND APPEARED REER MEMBER OF THE SENIOR FOREIGN SERVICE, ARMY NOMINATIONS BEGINNING WITH SHEENA L. IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR ALLEN AND ENDING WITH MIAO X. ZHOU, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH LILLIAN A. EXTRAORDINARY AND PLENIPOTENTIARY OF THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED ABUAN AND ENDING WITH CHRISTOPHER R. ZEGLEY, UNITED STATES OF AMERICA TO THE REPUBLIC OF COTE IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE D’IVOIRE. ARMY NOMINATIONS BEGINNING WITH COURTNEY L. AND APPEARED IN THE CONGRESSIONAL RECORD ON JAMES C. SWAN, OF CALIFORNIA, A CAREER MEMBER ABRAHAM AND ENDING WITH D011476, WHICH NOMINA- JULY 9, 2013. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH ERIN G. ADAMS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. AND ENDING WITH LUKE A. ZABROCKI, WHICH NOMINA- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO THE DEMOCRATIC REPUBLIC OF THE CONGO. L. AARON AND ENDING WITH NATHAN P. ZWINTSCHER, IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. JOHN R. PHILLIPS, OF THE DISTRICT OF COLUMBIA, TO WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF TIMOTHY C. MOORE, JR., TO BE BE AMBASSADOR EXTRAORDINARY AND PLENI- AND APPEARED IN THE CONGRESSIONAL RECORD ON COMMANDER. POTENTIARY OF THE UNITED STATES OF AMERICA TO JULY 9, 2013. NAVY NOMINATION OF PIERRE A. PELLETIER, TO BE THE ITALIAN REPUBLIC, AND TO SERVE CONCURRENTLY ARMY NOMINATIONS BEGINNING WITH RICHARD R. CAPTAIN. AND WITHOUT ADDITIONAL COMPENSATION AS AMBAS- ABELKIS AND ENDING WITH G001407, WHICH NOMINA- DEPARTMENT OF COMMERCE SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE UNITED STATES OF AMERICA TO THE REPUBLIC OF IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. ELLEN C. HERBST, OF VIRGINIA, TO BE AN ASSISTANT SAN MARINO. ARMY NOMINATIONS BEGINNING WITH JOSEPH H. SECRETARY OF COMMERCE. KENNETH FRANCIS HACKETT, OF MARYLAND, TO BE ALBRECHT AND ENDING WITH D011309, WHICH NOMINA- ELLEN C. HERBST, OF VIRGINIA, TO BE CHIEF FINAN- AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY TIONS WERE RECEIVED BY THE SENATE AND APPEARED CIAL OFFICER, DEPARTMENT OF COMMERCE. OF THE UNITED STATES OF AMERICA TO THE HOLY SEE. IN THE CONGRESSIONAL RECORD ON JULY 9, 2013. MARGARET LOUISE CUMMISKY, OF HAWAII, TO BE AN ALEXA LANGE WESNER, OF TEXAS, TO BE AMBAS- ARMY NOMINATION OF KARL F. MEYER, TO BE COLO- ASSISTANT SECRETARY OF COMMERCE. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF NEL. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ARMY NOMINATION OF STEPHANIE M. PRICE, TO BE f AUSTRIA. MAJOR. DANIEL A. SEPULVEDA, OF FLORIDA, FOR THE RANK ARMY NOMINATION OF GREGORY C. PEDRO, TO BE OF AMBASSADOR DURING HIS TENURE OF SERVICE AS MAJOR. WITHDRAWAL DEPUTY ASSISTANT SECRETARY OF STATE FOR INTER- ARMY NOMINATION OF JOHN H. SEOK, TO BE LIEUTEN- NATIONAL COMMUNICATIONS AND INFORMATION POLICY ANT COLONEL. Executive message transmitted by IN THE BUREAU OF ECONOMIC, ENERGY, AND BUSINESS ARMY NOMINATION OF FREDERICK C. LOUGH, TO BE the President to the Senate on August AFFAIRS AND U.S. COORDINATOR FOR INTERNATIONAL COLONEL. COMMUNICATIONS AND INFORMATION POLICY. ARMY NOMINATIONS BEGINNING WITH ADMIRADO A. 1, 2013 withdrawing from further Sen- LUZURIAGA AND ENDING WITH JON KIEV, WHICH NOMI- BROADCASTING BOARD OF GOVERNORS NATIONS WERE RECEIVED BY THE SENATE AND AP- ate consideration the following nomi- PEARED IN THE CONGRESSIONAL RECORD ON JULY 24, nation: RYAN CLARK CROCKER, OF WASHINGTON, TO BE A 2013. MEMBER OF THE BROADCASTING BOARD OF GOVERNORS ARMY NOMINATIONS BEGINNING WITH WILLIAM G. LAFE E. SOLOMON, OF MARYLAND, TO BE GENERAL FOR A TERM EXPIRING AUGUST 13, 2013. HUBER AND ENDING WITH MARK L. LEITSCHUH, WHICH COUNSEL OF THE NATIONAL LABOR RELATIONS BOARD RYAN CLARK CROCKER, OF WASHINGTON, TO BE A NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FOR A TERM OF FOUR YEARS, VICE RONALD E. MEMBER OF THE BROADCASTING BOARD OF GOVERNORS PEARED IN THE CONGRESSIONAL RECORD ON JULY 24, MEISBURG, RESIGNED, WHICH WAS SENT TO THE SENATE FOR A TERM EXPIRING AUGUST 13, 2016. 2013. ON MAY 23, 2013.

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