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

Vol. 160 WASHINGTON, THURSDAY, JANUARY 9, 2014 No. 5 Senate The Senate met at 10 a.m. and was ator from the State of Hawaii, to perform for American boys and girls. It doesn’t called to order by the Honorable BRIAN the duties of the Chair. sound like a very good idea to me. SCHATZ, a Senator from the State of PATRICK J. LEAHY, Then we have a number of proposals Hawaii. President pro tempore. suggested by another Senator late last Mr. SCHATZ thereupon assumed the night that, if we look at it, it is not PRAYER Chair as Acting President pro tempore. worth $5 billion. It is worth much less The Chaplain, Dr. Barry C. Black, of- f than that. To do what has been sug- gested by one Republican Senator fered the following prayer: RECOGNITION OF THE MAJORITY would be to devastate the disabled, and Let us pray. LEADER Eternal God, creator of the universe, that wouldn’t be appropriate. create hearts within our Senators that The ACTING PRESIDENT pro tem- I would be interested if there are will make them strong enough to know pore. The majority leader is recog- other proposals. As I have indicated on when they are weak. Give them suffi- nized. a number of occasions, I continue to cient bravery to choose the more dif- f say offsetting the cost of emergency unemployment benefits is not some- ficult right. Lord, inspire them to be SCHEDULE gracious in defeat and humble in vic- thing I agree with. tory. Give them enough integrity to Mr. REID. Following my remarks President Bush extended emergency face themselves when they are afraid, and those of the Republican leader, the unemployment insurance five times. as they remember that perfect love de- Senate will be in a period of morning Not one of these five times was there a stroys trepidations. Teach them, O business with the time until noon di- whimper from my Republican col- God, how to stand up in the storm with vided equally. The Republicans will leagues or certainly Democratic Sen- complete confidence in the ultimate control the first 30 minutes, and the ators that it should be paid for. It triumph of truth. majority will control the second 30 wasn’t right to offset the cost when We pray in Your majestic Name. minutes. President Bush was President, and it is Amen. At noon, all post-cloture time on the not right to offset the cost now that motion to proceed to S. 1845, the unem- President Obama is in the White f ployment insurance extension, will ex- House. pire and the Senate will begin consider- We have cut the deficit in half since PLEDGE OF ALLEGIANCE ation of the bill. Senators will be noti- President Obama took office, and over- The Presiding Officer led the Pledge fied when votes are scheduled. all debt reduction has been even more of Allegiance, as follows: f transparent, almost $3 trillion. While I pledge allegiance to the Flag of the we must keep up our good work, we United States of America, and to the Repub- UNEMPLOYMENT COMPENSATION have more to do. We must solve the Na- lic for which it stands, one nation under God, Mr. REID. Another day has passed tion’s job crisis if we ever hope to solve indivisible, with liberty and justice for all. and we still have a vast majority of Re- fiscal problems. publicans standing in the way of the Today’s long-term unemployment f extension of unemployment benefits. rate is more than double what it was at APPOINTMENT OF ACTING Some Republican Senators are hav- any time Congress let emergency job PRESIDENT PRO TEMPORE ing conversations about possible offsets assistance expire. Since many Repub- for a full-year extension. I have said a lican Senators are insisting that the The PRESIDING OFFICER. The number of times I think we would be cost be offset, I am pleased to talk, as clerk will please read a communication ill-advised to have another short-term we all are on this side of the aisle, to the Senate from the President pro extension. If we are going to have an about a long-term emergency extension tempore (Mr. LEAHY). extension that they are talking about of unemployment benefits. I repeat, I The legislative clerk read the fol- paying for, let’s do it for 1 year. We am waiting to hear from my Repub- lowing letter: don’t need to come back and worry lican colleagues about how to pay for U.S. SENATE, about this in 3 more months. this extension. PRESIDENT PRO TEMPORE, Let’s see how they wish to pay for It has been a week since families al- Washington, DC, January 9, 2014. To the Senate: this. We have heard proposals. The pro- ready hanging by a thread were kicked Under the provisions of rule I, paragraph 3, posals are, one, to stop people having off of unemployment insurance bene- of the Standing Rules of the Senate, I hereby health care. The other is to go after fits. Think about this. People who have appoint the Honorable BRIAN SCHATZ, a Sen- children, the earned-income tax credit been out of work for month after

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

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VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.000 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S190 CONGRESSIONAL RECORD — SENATE January 9, 2014 month learned at the beginning of this Whenever my Republican colleagues it is about moving beyond the treat- year they wouldn’t get $300 a week. are prepared to stop complaining and ment of symptoms and getting at the Remember, this is not charity. First, start working with Democrats to cre- underlying problems. they have to lose their job, through no ate solutions, we will be here waiting. That is the thinking behind the Eco- nomic Freedom Zones Act, which Sen- fault of their own. Then they have to f go out every week, look for a job, and ator PAUL and I recently introduced. It have to list where they have gone. ORDER OF PROCEDURE aims to shine a light into some of the For every job that is available in Mr. REID. Before my friend, the Re- most impoverished corners of our coun- America today, there are three people publican leader, makes his remarks, I try, to raise up cities and families who looking for that job. I was stunned ask unanimous consent that the period have been left behind and sometimes when I had my news briefing this for morning business be extended until literally crushed by the outdated ideas morning when one Republican Senator 12:30 p.m., with Senators permitted to from the sixties and to actually do that said: There are so many jobs that are speak for up to 10 minutes each; fur- in a way that lasts. unfilled in America today. Let these ther, that the Senate recess from 12:30 With this legislation, some of the people go get those jobs. Try that one p.m. to 2:15 p.m.; finally, that the pre- most disadvantaged areas of our coun- on for size. vious order with respect to the motion try would acquire the ability to apply For many the benefits were the only to proceed to S. 1845 be modified so all for economic freedom zone status that thing preventing them from descending postcloture time on the motion to pro- would help lift the burden of some of into poverty or even becoming home- ceed be considered to be expired at 2:15 the poorest families in our country. less. Hundreds of thousands of children, p.m., rather than the earlier time I Small business owners would see fewer as a result of these benefits, have been mentioned. government regulations, enabling them stopped from going into the rolls of the The ACTING PRESIDENT pro tem- to create jobs and drive prosperity. En- poor. pore. Without objection, it is so or- trepreneurs would see punitive tax bar- These families can’t wait any longer dered. riers peeled back, allowing them to for relief. I am optimistic my Repub- lead a recovery with new ideas and new lican colleagues will help us find a way f energy. Failed educational systems out of this, and put people first and RECOGNITION OF THE MINORITY would see reforms that lift up dis- partisanship second. LEADER advantaged children, giving new hope Tuesday, House Republican leaders to a younger generation. Cities and re- The PRESIDENT pro tempore. The were forced to send a message to their gions that now face a dark future could Republican leader is recognized. Members reminding them these people transform themselves, if they chose, al- are out of work, be compassionate. f most instantly into magnets for new Then, of course, the memo came to the UNEMPLOYMENT COMPENSATION ideas and for new hope. Senate. If our Democratic colleagues are seri- Can one imagine having to remind Mr. MCCONNELL. For months the ous about their focus on economic dis- Senators about having compassion for Democrats who run Washington have tress—if it is more than only some people who have been long-term unem- been desperate to distract from the poll-tested ObamaCare distraction— ployed? pain of ObamaCare. If we listen to then I would invite them to work with Yesterday afternoon the Republican them, they think they have found us on innovative new approaches such leader spoke in this Chamber for a long something that might work for them. as this. time, 45 minutes. Not once during this The one thing that can actually dis- This could allow the Senate, for in- discussion were the words ‘‘jobs,’’ ‘‘the tract folks from the misery of this law stance, to consider our proposal as an economy’’ or ‘‘unemployment’’ men- is the misery of the economic malaise amendment to the unemployment in- tioned—not once. they have presided over for the past 5 surance legislation currently on the Middle-class Americans are hurting. years. We truly have to hand it to floor, because this is a discussion that We know the rich are getting richer, them in one respect. It takes a lot of needs to be about helping people. These the poor are getting poorer, and the chutzpah to spend an entire Presi- economic freedom zones are similar in middle class is being squeezed. dential term pushing policies that are some ways to the Promise Zone initia- During the last 30 years, the middle supposedly meant to help the little guy tive recently developed by the Obama class has lost 10 percent of the earnings and then turn around and blame every- administration. they had in the previous 30 years, body else when they flop. I was pleased to hear that eight coun- whereas the top 1 percent during that But chutzpah won’t solve the prob- ties in eastern Kentucky will soon re- same 30-year period had their income lem, and the poll-tested talking points ceive Promise Zone designation. That and wealth triple. and failed stimulus ideas we have seen is why I wrote in support of granting These people who are struggling out Democrats trot out thus far won’t do this designation last year, because there are working two jobs. Some are much to improve the plight of millions there is no doubt that eastern Ken- even trying to do it with three jobs, of Americans struggling in today’s tucky is a region that has suffered and some of it is part-time, just in an economy. enormous hardship in recent years— effort to get by. The rest have watched To me that is the real tragedy, be- much of it, unfortunately, related to their wages shrink at the same time, as cause the discussion about how to help the very same Obama administration I have indicated, as the richest of the Americans battle against the odds day war on coal families. But the promise rich are doing much, much better. after day is a conversation we actually zone designation is a step in the right What beleaguered Americans need is should be having. In fact, it is a debate direction nonetheless. Senator PAUL not a memo on basic decency, as Re- Republicans are having. In recent days and I will be heading to the White publicans got on Tuesday, or a bitter we have seen several leading Repub- House later today for a promise zone diatribe about the rules of the Senate; licans talk about how to tackle pov- event because we are encouraged the they need solutions. For 1.3 million erty in the 21st century. President is finally—finally—focused Americans today and 5 million Ameri- Unlike the Democrats’ outdated on a concrete approach to jobs that cans over the course of this year, ex- ideas from the sixties, Republicans are Members of both parties can support, tending emergency unemployment ben- thinking about ways to update our Na- proving that we can accomplish things efits is a solution. tion’s approach with fresh proposals when we focus on real efforts rather Raising the minimum wage so a that speak to the situation Americans than political show votes that are de- mother or father working two jobs can actually find themselves in today, not signed to fail. afford the rent and an electric bill in back in the sixties. Promise zones are something we can the same month is a solution. Invest- The Republican approach is to learn build on with far more comprehensive ing in job creation and education so from past mistakes. It is about turning approaches, such as Senator PAUL’s the workers of today can compete for the left’s good intentions into policies economic freedom zones that would the jobs of tomorrow is a solution. that can actually get the job done, and reach even more communities in need

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.002 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S191 of revitalization. Because let’s remem- istration has pursued aggressive regu- centive for employers to hire those em- ber this: Government programs can lations that have done little more than ployees often considered to be a higher sometimes help, but they can’t do ev- drive up costs for many of our small risk by virtue of the fact they have erything. The 1960s mindset about how businesses. been out of the labor force for an ex- to fight poverty needs to change to fit So after 13 extensions of unemploy- tended period of time. the realities of the 21st century. ment benefits, expensive new regula- Consider a job that is paying an an- I want to share a sentiment I read tions, and higher taxes, what is the re- nual wage of $40,000. The employer pay- yesterday from Thomas Vincent, an sult? Well, today over 37 percent of un- roll tax holiday in my amendment rep- unemployed coal worker from the very employed Americans have been out of resents a $1,240 incentive for the em- Kentucky county where LBJ launched work for 27 weeks or longer. That rep- ployer to hire a long-term unemployed his big-government blitz 50 years ago. resents over 4 million men and women individual. Or take a higher skilled job This was his take on the so-called ‘‘war who have been most impacted by Presi- paying $80,000 annually. A payroll tax on poverty:’’ What good are all these dent Obama’s failed economic policies. holiday represents a $2,480 incentive for government programs if they do not I applaud my colleagues on the Re- the employer to hire someone who has get you a job? It is a feeling, the article publican side of the aisle who have of- been unemployed for 27 weeks or noted, that is widespread among his fered up commonsense, even bipartisan, longer. When coupled with the neighbors in Martin County. ideas to pay for the extension of emer- ObamaCare exemption in my amend- ment, that is an incentive of roughly This is why Republicans say it is gency unemployment benefits. If we $5,000 to hire an individual who has time for modernization and new ap- extend these benefits once again, I am been unemployed for an extended pe- proaches. It is time to give folks such hopeful we can find an appropriate way riod of time. as Thomas real hope. It is time to give to pay for this extension and not pass the bill on to our children and grand- Third, my amendment addresses a them more than just good intentions. fundamental problem facing the long- children. However, I also have to come f term unemployed by providing reloca- to the floor today to challenge all of tion assistance to start a job or find RESERVATION OF LEADER TIME my colleagues to look at solutions to better opportunities. The ACTING PRESIDENT pro tem- the underlying problem rather than While the national labor market re- pore. Under the previous order, the simply treating the symptoms of long- mains weak, there are pockets of pros- leadership time is reserved. term unemployment for yet the 13th perity across the country. In my home time. f State of South Dakota, we have an un- The underlying problem is we have 4 employment rate of 3.6 percent. That is MORNING BUSINESS million Americans who have not been second only to our neighbors in North able to find jobs for more than 6 Dakota who are fully embracing the The ACTING PRESIDENT pro tem- months on account of the stagnant pore. Under the previous order, the energy renaissance which is occurring Obama economy. That is almost dou- in the Upper Great Plains and other Senate will be in a period of morning ble—double—the amount of long-term business until 12:30, with Senators per- parts of the country. Because of South unemployed Americans relative to pre- Dakota’s low tax and regulatory frame- mitted to speak therein for up to 10 recession levels. So my amendment ad- minutes each and with the time equal- work, it consistently makes us one of dresses the underlying problem of long- the best places in the United States to ly divided and controlled by the two term unemployment by reducing labor leaders or their designees, with the Re- start and grow a business. In fact, one costs, increasing worker mobility, and of the biggest issues we hear from pro- publicans controlling the first 30 min- strengthening Federal worker training utes and the majority controlling the spective business investors is a concern programs. they are not going to have enough next 30 minutes. First, my amendment would provide workers if they decide to move to my The Senator from South Dakota. much-needed relief from ObamaCare State. f for any employer who hires an indi- Meanwhile, we have other parts of vidual who has been unemployed for 27 UNEMPLOYMENT INSURANCE the Nation that continue to struggle weeks or longer. As we all know, with persistently high unemployment Mr. THUNE. Mr. President, I rise ObamaCare is full of additional costs rates. Virginia has an unemployment today to discuss amendment No. 2622 I and mandates that are stifling eco- rate of 81⁄2 percent, and Rhode Island have filed, the Solutions to Long-Term nomic growth. The ObamaCare em- has 9 percent. The number of job open- Unemployment Act, that will be before ployer mandate arguably has the great- ings and hire rates varies from region the Senate today. est impact on an already weak labor to region as well. This past summer the The bill before the Senate today market. The impact of this mandate is rate of job openings in the South was would extend emergency unemploy- so great the administration has unilat- 20 percent greater than in the North- ment benefits for the 13th time since erally delayed it until after the next east. The same trend exists for hiring 2008. Let me repeat that. Congress has election. Under this mandate, a busi- rates between those two regions. enacted or extended emergency unem- ness with 50 or more employees must Part of a dynamic 21st economy is ployment benefits 13 times over the provide government-approved insur- ensuring a mobile workforce that can past 5 years. At some point you have to ance or pay an annual penalty of $2,000 meet regional demands for good-paying start asking yourself: At what point to $3,000 per employee. For a smaller or jobs. However, if you have someone does this no longer become an emer- medium-sized business, that is a sig- who has been living off of unemploy- gency but it becomes permanent? We nificant deterrent to expanding and ment benefits for the past 6 months, have been doing this now for 5 years. hiring more workers. that person likely does not have the re- This will be the 13th time. Under my amendment, if a business sources to move to a new State for a Obviously, there are lots of people in decides to hire someone who has been new job. a tough economy who are still hurting. out of work for 27 weeks or longer, that My amendment would provide a low- But what this should say to us is that person would be exempt from the interest loan of up to $10,000 for anyone it is time we started not just treating ObamaCare mandate for as long as he willing to relocate to a new job or the symptom but fixing the problem we or she works at that business. move to a new State with better em- have in America today. And the prob- Second, my amendment would fur- ployment opportunities. These loans lem we have is a sluggish economy that ther reduce labor costs by providing a would have to be repaid within 10 continues to sort of stumble along. We 6-month payroll tax holiday for any years, but no payments would be re- have a chronically high unemployment employer who hires a long-term unem- quired for 1 year while that individual rate with lots of people who have been ployed worker. Employers currently or family gets back on their feet. Addi- unemployed for a very long period of pay a payroll tax of 6.2 percent of an tionally, if the new job is eliminated time. Over that same period, Congress employee’s wages up to a capped within that first year, through no fault has pushed through ObamaCare, raised amount known as the Social Security of the employee, the loan could be for- taxes on job creators, while the admin- wage base. Waiving this tax is an in- given.

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.004 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S192 CONGRESSIONAL RECORD — SENATE January 9, 2014 Finally, my amendment would New environmental regulations are ment, terrible job loss, terrible in- strengthen and streamline Federal driving up the cost of energy and, creases in unemployment, and exten- worker training programs. We cur- therefore, the cost of doing business in sions of that unemployment. rently have over 50—50—Federal train- this country. The Senator from South Dakota is ing programs across 9 Federal bureauc- I am not suggesting the provisions in exactly correct: If we were doing our racies. It is a broken morass of pro- my amendment are the only way to job and reauthorizing programs in the grams that isn’t helping employers or make it more economical for employ- law today—such as the Workforce In- employees, and it certainly isn’t an ef- ers to hire more workers, but I am sug- vestment Act—and training people for ficient use of taxpayer dollars. Even gesting if we want more employment, the skills of the 21st century and the President Obama, in his 2012 State of we need to make it less costly, not jobs of the 21st century, we wouldn’t be the Union speech, said he wanted to more costly, to hire each additional talking about unemployment com- ‘‘cut through the maze of confusing employee. It seems that nearly every pensation, we wouldn’t be talking [job] training programs’’ and create policy pursued by the Democratic ma- about the great tragedies of America. ‘‘one program’’ for workers to find the jority and the White House would raise We would be talking about America’s help they need. Unfortunately, like costs on businesses, especially those greatest prosperity. So I commend the many of the President’s promises, that small businesses which create the ma- Senator from South Dakota for point- turned out to be more talk than action. jority of jobs in this country. ing out what is critically important for While the President has failed to put We have tried the approach of bigger us to recognize as Members of the U.S. forward a real plan to reform our work- government, higher taxes, and more Congress. er training programs, the Republican- regulations for the last 5 years and it I come to the floor, though, to talk led House of Representatives has acted has not worked. Let’s try something about the Affordable Care Act, I will on a plan to accomplish just that. The different. Let’s have a real debate tell a couple real-life stories which House-passed SKILLS Act includes sev- about how we lower cost and make it came to me by email. But before I do, eral critical reforms that ensure work- easier for employers to go out and hire my job is to do what the people of ers receive the training they need for new employees. Let’s focus our efforts Georgia want me to do. I have office positions that businesses need filled on those who need the most help, such hours when I am home. I answer my today. as those Americans who have been out own phone calls. I try to respond to the The SKILLS Act would consolidate of work the longest on account of the concerns they have. I try to see that 35 redundant and ineffective Federal lagging Obama economy. people get referred to the right place. worker programs into a single work- I hope this amendment as well as Since January 1, I have dealt with al- force investment fund that would serve others that my colleagues will offer most nothing but the Affordable Care as a single source of support for work- will have an opportunity to be heard Act—or ObamaCare—and the con- ers, employers, and job seekers at the here on the floor of the Senate and sequences of that act, and what effect State level. This legislation creates voted on. What we have going on here it is having on the American people much-needed flexibility at the State now in terms of a process doesn’t re- and the people of Georgia—and, in par- level and it empowers Governors and semble anything like an open process ticular, on the two great promises used local employers to train workers for that should allow us to openly debate on the floor of this Senate to sell that today’s in-demand jobs. the big issues that affect the American legislation to the American people: The SKILLS Act cuts through red- people. This is a pocketbook issue. This One, if you like your policy, you can tape and eliminates barriers that of- keep it; and, if you like your doctor, tentimes keep workers from receiving strikes at the very heart of the quality you can keep him or her. Both were the training they need when they need of life, the standard of living, the fu- clear, unequivocal promises. it. For too long we have been throwing ture economic well-being of Americans I will tell two stories today that taxpayer dollars at a maze of overlap- all across this country. came to my attention which illustrate ping bureaucracies when we should be I certainly hope the majority leader how it was not true. And these are just providing more targeted assistance di- will allow for an open process which two of many stories. The first is from rectly to job seekers. We need to be will enable us to enter into that de- Jane. training our workers for the high-tech bate, to put forward proposals—mine, jobs of today and the jobs that will among many others—which could be Congressman, This is not my story but my friend’s story, Steve. . . . He has suffered continue to be in demand in the future. considered and voted on that would ac- tually improve the overall situation of with multiple myeloma for more than 10 The SKILLS Act accomplishes these years. This is a disease that usually kills goals, which is why I included it in my middle-class Americans. It is high time we had that debate. I hope we can, and within 5 years of being diagnosed. But with amendment as a commonsense way to the excellent health care he has been able to help the long-term unemployed try to I hope the majority will give us that receive through his health care program he find work in today’s economy. opportunity. has had access to the Mayo Clinic and a myr- There is no one solution to helping Mr. President, I yield the floor. iad of drugs. Now he has been told that his the unemployed. However, one thing is The PRESIDING OFFICER (Mr. plan will be cancelled since the plan does not clear: We need to find ways to make it BOOKER). The Senator from Georgia. meet the minimum standards set forth in the more attractive for employers to invest f ACA. Now he can no longer continue his treat- in and hire workers rather than con- AFFORDABLE CARE ACT ments because the various plans have stantly pushing legislation that will Mr. ISAKSON. Mr. President, before I deemed the drugs he needs to stay alive as raise the cost of doing business in experimental. WOW! Really that is just America. make my remarks, I commend the Sen- awful and not enough is being said about this Let’s think for a second about the ator from South Dakota and under- government take over of our lives is affect- bills the Democratic majority supports score what the Senator said regarding ing those that are critically ill. or supported in the past. ObamaCare the SKILLS Act passed by the House of And what about the promise made raised the cost of labor, it drove up pre- Representatives. that if we liked our plan we can keep miums for millions of Americans and I am the ranking member of the it? Steve doesn’t have a plan, but he made it more expensive for employers labor subcommittee on Health, Edu- still has multiple myeloma. to hire new employees. cation, Labor, and Pensions. Six years This story comes about the promise Raising the minimum wage will raise ago the Workforce Investment Act ex- that: If you like your doctor, you can the cost of hiring new employees and pired in its authorization, and for 6 keep them. This is from Felicia in only worsen the job prospects for the years it has languished in the bowels Alpharetta, GA, a story I hear more long-term unemployed. and in the heart of the Senate and the and more as I travel my State: The tax increases pushed by Demo- House of Representatives, going unau- My husband and I are both currently pay- crats here in the Senate and the White thorized. ing individual health care policies as he cur- House apply to millions of small busi- During that same 6-year period of rently has a small business and I used to own ness owners which discourages invest- time between 2008 and today, America one. He is on a Kaiser HMO and I am on a ment and job growth. has experienced terrible unemploy- PPO with Blue Cross Blue Shield. We have

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.005 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S193 both received numerous letters with con- of the lungs and people never used to Unemployment is still high in my flicting information regarding changes to live to the age of 21. But because of State—over 7 percent—as a number of our current policies. We are reasonably in- medicine, health care, and break- States, which is unacceptable, and par- telligent people and yet we cannot figure out what is actually happening with our health throughs in pharmaceutical therapy, ticularly into the fifth year after a re- care nor do we believe the government has people live past the age of 21. In fact, cession. The growth has been so anemic any clue what is happening with this new we have a Georgian who lived into his and so tepid, we are sort of staggering legislation. Also, in comparing an equivalent 50s before he passed from cystic fibro- our way into a better position. Obama care policy to my current policy, I sis. But they cannot live if they don’t Nevertheless, while some people are have only 10% of the doctors available in have the pharmaceutical therapy. And finding jobs and getting back to work, network to what I currently have and of there are no substitutes and there are there are many who aren’t. That is a course, my doctors are not in network. no replacements. serious subject and something we Please STOP and REPEAL this ridiculous This doctor lost his health care reim- ought to be debating and talking legislation. I DO NOT SEE ANY EVIDENCE that the government can improve our cur- bursement for pharmaceuticals for cys- about. rent health care, only EVIDENCE that it has tic fibrosis in part because of the judg- Unemployment insurance is one of caused much confusion, created wasted time, ments and the applicability of the Af- the programs which has been proposed wasted money, and driven Americans crazy! fordable Care Act. To his credit and to to help those in need. There are people These are two emails sent to me out the credit of the health care system who are genuinely in need of that help of many more I could be reading. But it and the insurance industry, he was able and have made every possible effort to is important for us to understand the to in part replace it but not nearly as get back to work and, for many rea- impact the Affordable Care Act is hav- close to what he had on the policy be- sons, have not been able to do so. But ing on the American people and the fore. we also know, and it has been docu- people of my State. In fact, I will share These are just a few stories about mented, that there are many people my personal experience from just over Americans who are experiencing ter- who have taken advantage of this pro- the Christmas holidays. rible problems because of the change in gram and basically said, I don’t have to In December, I enrolled through the our health care system. work hard to get back to work because DC health care plan to buy my health The promises we made are not being I am getting enough support from the care because all of Congress was moved kept. The promises that were made to government. into the DC health exchange to comply sell the Affordable Care Act to the We have to acknowledge the fact that with the ObamaCare legislation. I American people and to the Congress of there are policy issues which have to worked hard to try and match the the United States are not being kept. be discussed as we go forward without same care I had before under plan 105 It is important for us to understand automatically extending a program Blue Cross/Blue Shield under the gov- that cannot stand. And if what happens where we know reforms would make ernment health care. I couldn’t find ex- next year happens as I think it will, the program better and would put us in actly a good enough match of PPO, but costs will skyrocket again for the a better position to help people get I came close—close in everything ex- American people, access and afford- back to work and to move our econ- cept premium. The premium went up 20 ability will go away or will not be omy. percent. And I think most of the Amer- nearly as good as it is, and we will have We also know, working now to just ican people—certainly people of my taken a health care system which was pass a budget for the first time here in age—are realizing the same type of ex- the envy of the world and turned it several years to work off of, the num- perience where premiums are going up into a health care system that is the ber we agreed on we wouldn’t go over is and up. biggest problem in the world. now being violated. The very first leg- I would suspect the reason for the I want things to work. I want to help islative piece which has come before Executive order to extend next year’s the American people. I want them to this body violates the budget agree- open enrollment date beyond the elec- have access to affordable health care. I ment which was agreed to a short time tion is in part because the administra- want them to have access to their doc- ago. So a number of us would like the tion suspects what I suspect; that is, tors and to be able to keep their policy. opportunity to propose ways to offset the realities of less enrollment than We need to work toward that as we go the spending if this program goes for- thought, and fewer young people going through the tragedies of the implemen- ward. into coverage than thought is going to tation in 2014 of the Health Care Act— The combination of those two mean higher premiums, less access, and ObamaCare—which today is America’s things—reforms which will allow us to less affordability. No. 1 personal problem for the average continue to support those who are But let me share another story which American citizen. genuinely unable to find work from is really poignant. Fortunately, I was I am grateful for the time, and I yield those who are taking advantage of the able to help, but when I found out, it back the remainder of my time. program and abuse of the program, as broke my heart. It is a story about my The PRESIDING OFFICER. The Sen- well as suggestions as to how we can grandson Jack and his speech thera- ator from Indiana. support efforts toward more full em- pist. f ployment through training programs, Jack is a great kid, a highly intel- through any number of initiatives—my ligent kid, but had some speech prob- HEALTH CARE COSTS colleagues would like to at least talk lems and so had a special speech thera- Mr. COATS. Mr. President, I come about, at least debate, and at least pist named Dr. Tim. Over the Christ- here to speak about a couple items. We have a vote on. We are in the minority mas holidays I got to meet Dr. Tim, are now in a second-day delay as the here. We are not sure we are going to and we were talking about his job, majority leader and his caucus decide win any of those votes. Although I what he does as a speech therapist, and whether Republicans will be allowed to think if we make persuasive enough ar- about Jack and all of his improve- offer alternatives and to offer amend- guments and it makes enough sense, ments. ments to the proposal before us, and perhaps we will. Dr. Tim turned to me and said: I that is extension of the Unemployment Given this 2-day delay in terms of a don’t want to burden you with my per- Insurance Act. decision from majority leader HARRY sonal problems, but my youngest I was one of six who voted for the REID as to whether to allow us these daughter has cystic fibrosis and has motion to proceed for the very purpose opportunities, it appears that through had it into her teenage years; and I of achieving the opportunity to offer this tactic of supporting the motion to have had health care coverage up until ideas which I have had and to allow proceed we have literally put the ball a week ago, when I was notified my others on our side of the aisle to offer in HARRY REID’s office and his caucus health coverage would no longer pay their ideas as to how we can improve court as to what they want to do. for the drugs it takes to keep her alive. this program, and how we ought to ad- We went through the year 2013, and For anybody in this Senate or in dress it at this point in our continuing since July, Republicans have been of- America who understands cystic fibro- effort to struggle out of the great re- fered a total of only four amendments sis, it is a terrible debilitating disease cession now into its fifth year. to all the things done in the last 6

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.006 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S194 CONGRESSIONAL RECORD — SENATE January 9, 2014 months of this year. That is not how But I want to bring it down to the PELOSI—‘‘We have to pass the bill so we the Senate is supposed to work. That is personal level so we can understand can find out what is in it’’—and we are a dictatorial dictate by the majority what individual families are going finding out about what is in it—an un- leader, unprecedented in 200 years or through at this particular time with wanted, unpopular, and unread 2000- more of operation of this Senate. this mandate imposed upon them rel- plus page, one-size-fits-all health care So we are waiting for that decision, ative to their health care coverage. bill, dictated by one party without any and, obviously, that decision will have Thomas from Indianapolis wrote to support from the minority. a bearing on my position on this par- me and said he went on the ObamaCare I am questioning whether this is the ticular issue. exchange to take a look at health in- best way to deal with health care I would also comment on the fact surance plans that would be available issues. Jamming this thing through on that lately we have been hearing a lot to him and he was, as he said, ‘‘shocked Christmas Eve day in 2009 has turned from the President about income in- to find that it was at least $200 a out to be a disastrous Christmas gift equality, and I anticipate we will be month.’’ That is $2,400 a year more for the American people. Families hearing a lot more as we move toward than he had been quoted just a few across our country who are being the 2014 elections in November. There months before from a broker. He added, forced to redirect money they would will be a debate on this, and I hope ‘‘I have thought about just going with- have used to pay rent, to help their there will be a debate which allows out insurance’’—as we know many in- children attend school, to put food on both sides to look at this in a serious dividuals are thinking about and have the table, to pay the electric bills, are way and try to find ways to address the decided not to sign up for this program. finding many cannot even do that. issue. But if we do that, I think it is Of course, the program is built finan- As we discuss the issue of income in- important we understand that the cially on the fact that millions will equality, and it appears the President President’s signature accomplishment, sign up and that is not happening. I is going to want to do that throughout the Affordable Care Act—ObamaCare, predict that is going to break the back this coming election year, let’s not pre- as it is called—is contributing to the of the program. He added: tend that ObamaCare is helping the sit- problem of income inequality. So any I have thought about going without insur- uation. It is not. We need to face up to debate on that issue, to be factually ac- ance, but my family suggested that I not do the fact that the Affordable Care Act— curate and to be truthful, needs to in- that. The Affordable Care Act has created a I bet the writers of this bill, if they corporate a conversation about the im- terrible quandary for me. At this point I feel could do it over again, wish they had pact of ObamaCare. as if the Federal Government is like a mean not used the word ‘‘affordable.’’ They As recently as 2012, we were told by Big Brother, making my life miserable. could call it the health care act or the President that the health insur- William from Granger, IN, emailed health care act for American people or ance premiums paid by small busi- me to tell me his wife, who works as a whatever. If they went back and re- nesses and individuals ‘‘will go down.’’ part-time nurse, now is no longer of- wrote it, I bet you they would drop the Yet even as the administration re- fered health care because she is part word ‘‘affordable,’’ based on the facts, cently has admitted that many Ameri- time. So William then decided, OK, I not the perception, the fact of what cans will pay more for health care be- will have to go into the exchange and this health care bill is. cause of ObamaCare, this week the lat- find insurance for my wife and my fam- I suspect they would have wanted to est report on health spending trends ily and discovered that their premiums pass this in a bipartisan way so that at from CMS—the Centers for Medicare will rise to $19,076 a year. He goes on to this point in time they would not have and Medicaid—disclosed that health say, ‘‘So much for ‘if you like your to take full responsibility for this act. care spending in the United States rose plan, if you like your doctor . . . your Too many hard-working American fam- 3.7 percent in 2012. That is less than it costs will go down by $2,500.’ ’’ ilies are paying more, not less, for rose in previous years, and that is a Let me repeat that. The President health care because of ObamaCare, and good sign. has said your costs are going to go it is contributing to the inequality the Many are saying, well, the reason for down by an average of $2,500 a year. President continues to talk about. this is the Affordable Care Act. Had we William’s costs increased over $7,500 a Mr. CORNYN. Mr. President, I ask not passed the Affordable Care Act, year. That is a $10,500 swing. That is unanimous consent that the order for this wouldn’t have happened. Appar- not what was promised. the quorum call be rescinded. ently, though, they did not read the Brandy from Cambridge City, IN, The PRESIDING OFFICER. Without rest of the report because the report told me: objection, it is so ordered. also states that the provisions in the I have been offered insurance through work f Affordable Care Act had minimal im- at a cost of $318 or $80 a week. I then checked UNEMPLOYMENT BENEFITS pact on total national health care HealthCare.Gov and have been given a quote spending. So while the administration of $450 a month. I work a minimum wage job Mr. CORNYN. Mr. President, over the may claim that their bill, ObamaCare, and work as many hours as I can to get by last few days our friends across the is lowering overall health care spend- as it is. After taxes and child support, nei- aisle have been telling the American ing, the report says it has only had a ther option is an option that I can afford. people that we have a choice when it minimal impact. He also cannot even afford to pay the comes to the extension of long-term What is happening is that there are penalty of the payment. unemployment benefits. On one hand, reforms being made through the pri- These are just a few of the hundreds, they are saying we can do exactly what vate sector, through the providers, in if not thousands, of Hoosier comments the President, Senator REID, and his al- terms of more efficient, more effective I have heard from people who are expe- lies want, which is to extend benefits ways to deliver health care. That is not riencing sticker shock when they for 3 months at a cost of $6.5 billion operating because of the health care search for so-called affordable care that we will have to borrow from some- act. In fact, the health care act, if we under ObamaCare. I don’t know if these body or we will do nothing at all. are truthful about it, is contributing to people are Republicans or Democrats, Well, I am here to suggest that is a the problem of inequality. conservatives, moderates, liberals, false choice, as President Obama likes Many Americans are experiencing, nonvoters or voters. These are just to say from time to time. We can do despite what the President has said, human beings who live in my State, re- better than that. As a matter of fact, higher premiums or paying outrageous gardless of their political affiliation, several of my Republican colleagues deductibles when they purchase cov- who are basically saying this thing is have offered their suggestions. I have erage through the ObamaCare ex- killing us. All these examples, multi- in my hand a list of 23 amendments changes. Let’s bring this down to a per- plied by hundreds if not thousands, are that would deal with everything from sonal level because I have been receiv- contributing to the inequality the improving access to workforce training ing hundreds, actually thousands of President is talking about. to finding a way to pay for this money emails, phone calls, letters, comments The inescapable truth is that the that would otherwise have to be bor- that I hear back home from Hoosiers Democrats forced an unwanted, un- rowed from the Chinese or other credi- who basically say: This ain’t working. popular, and unread—the famous quote tors of the United States and added to It is sure not working for me. from then House Speaker NANCY our $17.3 trillion debt.

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.007 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S195 In other words, there are a lot of commonsense amendment that would normal circumstances and try to find good ideas. We just have not been given define full-time employment as a 40- ways to pay our bills and make sure the opportunity to debate them and hour workweek for the purposes of people don’t abuse the American tax- offer these amendments and actually ObamaCare. The Presiding Officer—and payer by gaming the system. We need do what the Senate used to do. As the since he walked in, I will pick on my to continue to look for ways to help Republican leader said yesterday, we friend from Maryland—remembers people learn the skills they need in actually used to have committees that when we had a number of leaders from order to get the good, high-paying jobs voted on amendments and then passed organized labor who came to the White that exist, among other things. bills that came to the floor. We used to House and said that ObamaCare is Well, here is another idea. Our col- actually have an open amendment turning full-time work into part-time league from New Hampshire, Senator process where people could offer their work. Because of the penalties associ- AYOTTE, has filed an amendment that amendments, and then we would debate ated with the employer mandate and would restore the military pension ben- them and vote on them. What a novel the like, many employers are shifting efits. This is something, if you will re- idea. That, of course, is called legis- full-time workers into part-time work- member, that was taken out of the lating. That is what the legislative ers. That is not just a concern on this Murray-Ryan budget deal that passed branch—Congress—is supposed to be side of the aisle; it is a broad concern before we left for Christmas, and I doing. That is not what we have been which impacts a lot of people. think it is fair to say there is broad bi- doing. I remember recently being in Tyler, partisan support for restoring those The majority leader is basically the TX, at a diner, and the owner of that cuts to the military pensions, and Sen- traffic cop for the Senate floor. He is diner said he tragically had to put a ator AYOTTE’s amendment would do the one who determines whether we single mom on a 30-hour workweek in that. have an opportunity to have this sort order to avoid some of the penalties of All of these amendments deserve de- of fulsome debate so we can offer these ObamaCare. So to make up for that bate, which I am trying in some small constructive, bipartisan—in many in- lost income, she had to go and get a way to provide here, but others have stances—ideas. We would like to try to reform our second part-time job because of their ideas and have their way of talk- unemployment compensation system ObamaCare and its unintended con- ing about it, and they also deserve a in order to help grow the economy, sequences. So Senator SCOTT has an vote. But, again, the majority leader, help the private sector create jobs, and amendment that would address that Senator REID, is the traffic cop on the get more people back to work so they problem. Senate floor. As Senator MCCONNELL don’t have to depend on extended un- I hope the majority leader will pointed out yesterday, the Senate has employment insurance. However, if rethink his longstanding position—at been dramatically transformed from a they do find themselves in a difficult least over the last 6 months—of basi- place where the Senate was justifiably circumstance, as many Americans un- cally shutting out any other construc- claimed as the greatest deliberative fortunately do, they can then go back tive ideas not just on this side of the body on the planet but no more. to school by the using Pell grant, for aisle but on the other side of the aisle We can return to the way the Senate example, to go to our community col- as well, as the Republican leader point- used to be by having this sort of con- leges, which do a fantastic job of help- ed out yesterday. structive, bipartisan, fulsome discus- ing people learn new skills that make In addition, our colleague from Indi- sion and vote on good ideas and make them a good fit for the good jobs, of ana, Senator COATS, has several ideas. legislation better and not settle for which there are many. Unfortunately, One would offset the extension of long- something less. I said—and it is true— there are not enough skilled workers in term unemployment benefits by delay- that Senators have a right to debate the workforce who are qualified for ing the individual and employer man- and offer legislation. I am not sure those jobs. dates under ObamaCare until 2015. We many people across America have To give the Senate a flavor for some all recall that the President and this thought very deeply about what that of the ideas, my colleague from Okla- administration on its own initiative—I means. homa, Senator COBURN, who is always am looking hard to find where they This isn’t about the Presiding Offi- full of a lot of ideas, filed an amend- have the authority, but nevertheless cer’s rights as a Senator or my rights ment to ensure that people don’t claim they did—delayed the employer man- as a Senator. This is about the rights unemployment insurance and Social date for a year on their own. Well, this and the voices of the 26 million people Security disability benefits simulta- would take the money saved from de- I represent, because when I am shut neously. If there is a case of double dip- laying the individual employer man- out of the process—when I can’t offer ping, that would seem to be it, and it is date and use that to pay for the exten- amendments and ideas about how to an abuse of the system. He has filed an sion of unemployment benefits. improve legislation—they are shut out amendment that would prevent mil- Another amendment would offset the as well, and that is wrong. lionaires and billionaires from receiv- cost of this extension by requiring peo- The PRESIDING OFFICER. The Sen- ing unemployment checks. I know it is ple to provide a Social Security num- ator’s time has expired. hard to believe, but people with in- ber before they claim the child tax Mr. CORNYN. Mr. President, I was comes of $1 million or more have credit. All it would do is make them unaware there was a time limit. I ask claimed nearly $21 million worth of un- provide a Social Security number to unanimous consent for an additional 5 employment benefits in a single year. make sure that we root out fraud and minutes. That is unbelievable. What an abuse. abuse in the child tax credit claims. It The PRESIDING OFFICER. Without That is an insult, really, to people who would save billions of dollars, and it objection, it is so ordered. are in dire straits and need help, to would allow us to pay for this short- Mr. CORNYN. I thank the Chair. know there are people gaming the sys- term extension of long-term unemploy- So these amendments represent just tem either by double dipping or being ment benefits. a small sample of the ideas our side of millionaires and claiming unemploy- I would also add that I think most the aisle has put forward to help the ment benefits. Again, we have bor- people need to be reminded that actu- long-term unemployed, accelerate job rowed $250 billion to pay these ex- ally the basic program of unemploy- creation, and grow the economy— tended unemployment benefits since ment insurance covers people for up to something I know we all want. We all 2008, and there are some millionaires half a year, but over the last 5 years want it, so why not talk about it. Why and billionaires who are gaming the Congress has extended that up to 99 not vote on these ideas. Why not get system for their benefit. Why wouldn’t weeks, which is about 2 years. Well, the Senate back into the position we want to fix that? Why wouldn’t we this is supposed to be an emergency where we have the give and take of want to have a vote on those good program, and thankfully the economy ideas and where we come up with the ideas by our colleague Senator is starting to show some signs of im- best for the American people. COBURN? provement and growth. So what we A few other amendments my col- Meanwhile, our colleague from South need to do is get off of this temporary leagues from Ohio and Kansas, Senator Carolina, Senator SCOTT, has filed a emergency measure and get back to PORTMAN and Senator ROBERTS, have

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.010 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S196 CONGRESSIONAL RECORD — SENATE January 9, 2014 offered would increase accountability parents and, hopefully, we will make it Our U.S. Ambassador, Susan Page, and much stronger safeguards in the better for the next generation and be- has remained in Juba, along with a se- U.S. regulatory system. Regulations yond. curity detail and minimum key per- are what the bureaucracy does. We Mr. President, I yield the floor. sonnel. I thank her; it is very coura- can’t vote for them or against them. The PRESIDING OFFICER. The Sen- geous of her to remain in South Sudan We can’t hold them accountable that ator from Maryland. so we have our leadership on the way, and they are out of control. If f ground to try to help the people. I ap- someone wants to know why those bills SOUTH SUDAN plaud her bravery and sacrifice and are so important, it is because last those who are with her. year the Obama administration im- Mr. CARDIN. Mr. President, I have The worsening violence has spurred a posed $112 billion worth of new regula- taken the floor of the Senate—and humanitarian crisis. The President has tions on the U.S. economy—$112 billion when I was a Member of the House, the nominated Ambassador Booth to be our worth of new regulations in 2013 alone. floor of the House—to talk about cir- ambassador to that region to try to get Our colleague from Alaska, Senator cumstances that are occurring some- a peace process started. He is currently MURKOWSKI, who is the ranking mem- where in the world where people are in Ethiopia trying to get the inter- ber of the energy committee, is rightly being killed, displaced; people are national community to respond to a concerned about the impact of mis- being uprooted simply because of their political solution to South Sudan. The guided regulations on our energy in- ethnicity. Ethnic cleansing has oc- international community has re- dustry—primarily the oil and gas in- curred around the world. I have taken sponded rapidly, including by working dustry—and she has taken the time to the opportunity to put a spotlight on it to significantly expand the size of the draft a bold plan for reforming U.S. en- in an effort to say that the civilized U.N. mission in South Sudan, but since ergy policy that would promote eco- world needs to bring an end to those the evacuation of foreign aid workers, nomic growth, job creation, national types of crimes against humanity. I most humanitarian agencies and the security, and responsible stewardship have used the opportunity as a member international NGOs are heavily reliant of our environment. of the Helsinki Commission, and now on brave South Sudanese staff who put In conclusion, I wish to recognize—in as chairman of the Helsinki Commis- their lives at risk to help their people. terms of a summary of some of the sion, to point out what America’s pri- These are large numbers for the ideas, 23 of which I have on this card, ority needs to be, and that is to be a country of Sudan—the number of peo- but I will just mention a few of them— leader in the world to prevent ethnic ple displaced and the number of people the ideas of our colleague from Utah, cleansing. killed. Let me share with my col- Senator MIKE LEE, and his efforts to Many of us believed, after World War leagues one of many examples of the reform our dysfunctional tax system in II, that the world would never again crisis and how it has affected people in a way that supports middle class fami- allow circumstances wherein people that region. lies who are working hard to provide were killed simply because of the eth- I recently learned that at the onset for their children. We should agree, as nic community to which they belong. I of the December clashes, one local staff Senator LEE has advocated, that tax have spoken about Bosnia, Rwanda, person from an American NGO was reform should aim not just to simplify Darfur, and Syria, and now we see the rounded up, along with seven members the Tax Code and fuel job growth, but same thing happening again in South of his family, and taken to a police sta- also to ease the burden on hard-work- Sudan. tion in Juba. He ultimately escaped to ing, middle-class families. I just came from a hearing of the the U.N. compound, but his family was There are a lot of great ideas out Senate Foreign Relations Committee killed, along with more than 200 oth- there. I can’t think of a better time to that was convened to discuss the crisis ers. He is from the Nuer ethnic group, talk about them than this time, when in South Sudan with two witnesses: the which now lives in fear of ethnic tar- the President of the United States has Honorable Linda Thomas-Greenfield, geting by members of the country’s se- made a priority of income inequality Assistant Secretary of the Bureau of curity forces from another ethnic which, unfortunately, has become African Affairs, and the Honorable group, the Dinka. Media reports also worse under his administration, not Nancy E. Lindborg, Assistant Adminis- suggest that individuals in uniforms better. This has been further exacer- trator of the Bureau for Democracy, have entered the U.N. bases in several bated by burdens such as ObamaCare, Conflict, and Humanitarian Assistance. locations and forcibly removed civil- which we find out is just a bundle of These two witnesses were giving an up- ians taking shelter there. On December broken promises, including: ‘‘If you date to the Senate Foreign Relations 21, two U.N. peacekeepers were killed like what you have, you can keep it.’’ Committee as to the circumstances in after a group attacked a U.N. peace- ‘‘It will lower costs, not increase South Sudan and what we can do to try keeping base that was sheltering 20 ci- them.’’ We are finding out none of that to bring about a resolution. vilians. is true. I rise today to discuss the deterio- There is no safe harbor today in There are a lot of great ideas that we rating circumstances in South Sudan. South Sudan. The U.N.’s base can be could, working together in the inter- As some of my colleagues may know, overrun, and people killed because of ests of the American people, agree on ongoing political tensions between their ethnicity. The international com- that would actually improve their eco- forces loyal to President Salva Kiir and munity must respond. nomic situation and help restore the forces loyal to the former Vice Presi- I remain extremely concerned at the American dream. But what is the dent Riek Machar, coupled with pre- reports out of South Sudan, all of American dream to somebody who has existing ethnic tensions, erupted in vi- which suggest serious crimes against been out of work and can’t find work? olence the night of December 15. I join humanity are occurring in the country. It is a disappointment to say the least. the President and Secretary Kerry in The world cannot stand by and bear We need to help people to not maintain calling for an immediate end to the vi- witness to another ethnic cleansing as their dependency on a government ben- olence in South Sudan. Currently, it is we have seen in so many other places efit in perpetuity but to liberate them estimated that nearly 200,000 people around the world. We must do all we from that dependency, to help them re- have been internally displaced as a re- can to ensure a peaceful resolution of gain their self respect and sense of dig- sult of the conflict, with another 32,000 the crisis and accountability for war nity by finding work and providing for having fled to neighboring States. The crimes and crimes against humanity in themselves and their families, and to U.N. estimates that thousands of Suda- South Sudan. live their version of the American nese people have been killed since De- Our first priority is to get peace on dream. In the process we all benefit. cember 15. Let me just remind my col- the ground, to stop the killings, so peo- The Federal Government can pay its leagues that three years ago today the ple can live in peace. We need to work bills because people are paying taxes people of South Sudan started a voting with the international community so because they have good jobs, and process that later that year led to their humanitarian aid can get to the people America will be the same America we independence as the youngest new who need it—and that is very chal- inherited from our parents and grand- country in the world. lenging considering that international

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.011 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S197 NGOs cannot operate today in South fights were some of the bloodiest and gether and stated they were prepared Sudan—and we must hold accountable toughest battles since the Vietnam to enter negotiations to keep some those who have committed crimes war. Success was costly, but success we U.S. troops in Iraq. An entire month against humanity. We have said it over had. Ten years later, Al Qaeda fighters passed and still the White House made and over, but unless we hold account- have once again raised their black no decision. All the while, during this able those who have perpetrated these flags over Fallujah, and they are bat- internal deliberation, as Chairman of atrocities, we will see it again and tling to control other parts of Iraq. the Joint Chiefs of Staff GEN Martin again. U.S. leadership is critically im- This tragic setback is leaving many Dempsey later testified before the Sen- portant to make sure that we docu- of our brave Iraq war veterans—and es- ate Armed Services Committee, the ment what has taken place and that we pecially those who shed their blood, size of a potential U.S. force presence bring to justice those who are respon- risked their lives, and lost their friends kept cascading down from upwards of sible for the crimes that have been in fighting against Fallujah—ques- 16,000 to an eventual low of less than committed. tioning what their sacrifice was worth. 3,000. By that point, the force would be There is no question that a solution Sadly, they find themselves agreeing able to do little other than protect to the crisis in South Sudan must be with Congressman DUNCAN HUNTER, a itself, and Prime Minister Maliki and political and not military. We under- former marine who fought in Fallujah. other Iraqi leaders realized the polit- stand that. South Sudan again is at a He said: ical cost of accepting this proposal was not worth the benefit. crossroads, and after coming so far, it We did our job. We did what we were asked To blame this failure entirely on the must choose to renounce violence im- to do, and we won. Every single man and Iraqis is convenient, but it misses the mediately and pursue a path of peace- woman who fought in Iraq, and especially in real point. The reason to keep around ful reconciliation. those cities, feels a kick in the gut for all 10,000 to 15,000 U.S. forces in Iraq was I am encouraged that President Kiir they did, because this President decided to not for the sake of Iraq alone. It was and former President Machar have sent squander their sacrifice. first and foremost in our national secu- negotiators to Ethiopia to participate Prior to 2011, President Obama fre- quently referred to a responsible with- rity interest to continue training and in mediation talks. While these talks advising Iraqi forces and to maintain are a good first step, in the interim the drawal from Iraq, which was based on leaving behind a stable and representa- greater U.S. influence in Iraq. That violence must end, and both sides must core principle should have driven a be committed to negotiating in good tive government in Baghdad and avoid- ing a power vacuum that terrorists very different U.S. approach to the faith. It is my hope these talks can SOFA—the status of forces agree- bring about the bright future so many could exploit. The President’s Deputy National Se- ment—diplomacy. South Sudanese aspire for. The people The Obama administration should of South Sudan deserve to understand curity Adviser Antony Blinken in 2012—and I am not making this up— have recognized that after years of bru- the true meaning of safety and secu- tal conflict, Iraqi leaders still lacked stated that ‘‘Iraq today is less violent, rity, of peace, and prosperity. The trust in one another, and a strong U.S. more democratic, and more prosperous United States stands with the people of role was required to help Iraqis broker . . . than any other time in history.’’ South Sudan through these difficult their most politically sensitive deci- Based on the President’s own mark- times. We must pledge to continue to sions. For this reason the administra- ers, the administration is falling short support those who seek peace, democ- tion should have determined what of its own goals. The illusion of a sta- racy, human rights, and justice for all tasks and troop numbers were in the ble and representative government has of the citizens of the world’s newest na- national interest to maintain in Iraq been shattered by increasing sectarian tion. and done so with ample time to engage tension, and it is clear terrorists are I suggest the absence of a quorum. with Iraqis at the highest level of the exploiting the power vacuum left be- The PRESIDING OFFICER. The U.S. Government to shape political clerk will call the roll. hind. conditions in Baghdad to achieve our The Obama administration blames The assistant legislative clerk pro- goal. ceeded to call the roll. Iraqis for failing to grant the necessary We focus on this failure not because Mr. MCCAIN. I ask unanimous con- privileges and immunities for a U.S. U.S. troops would have made a decisive sent that the order for the quorum call force presence beyond 2011. This is mis- difference in Iraq by engaging in uni- be rescinded. leading—in fact, false—because as we lateral combat operations against Al The PRESIDING OFFICER (Ms. saw firsthand, the administration Qaeda and other threats to Iraq’s sta- BALDWIN). Without objection, it is so never took the necessary diplomatic ef- bility. By 2011, U.S. forces were no ordered. fort to reach such an agreement. longer in Iraqi cities or engaged in se- The Senator from Arizona. The Senator from South Carolina and curity operations. However, residual Mr. MCCAIN. I ask consent to address I traveled to Iraq in May 2011, only sev- U.S. troop presence could have assisted the Senate as in morning business. eral months away from the deadline Iraqi forces in their continued fight The PRESIDING OFFICER. Without that our commanders had set for the against Al Qaeda, it could have pro- objection, it is so ordered. beginning of the withdrawal. We met vided a platform for greater diplomatic Mr. MCCAIN. My colleague from with all the leaders of Iraq’s main po- engagement and intelligence coopera- South Carolina will join me shortly on litical blocs and we heard a common tion with our Iraqi partners, it could the floor, but I will make some re- message during all of these private have made Iranian leaders think twice marks while I am waiting. conversations: Iraqi leaders recognized about using Iraqi airspace to transit When the Senator from South Caro- it was in their country’s interest to military assistance and weapons and lina joins me, I ask unanimous consent maintain a limited number of U.S. arms and equipment to Assad and his to engage in a colloquy with the Sen- troops to continue training and assist- forces in Syria and, most importantly, ator from South Carolina. ing Iraqi security forces beyond 2011. it could have maintained the signifi- The PRESIDING OFFICER. Without But when we asked Ambassador Jef- cant diplomatic influence the United objection, it is so ordered. frey and the Commander of U.S. Forces States at that time possessed in Iraq— f in Iraq Lloyd Austin, while in a meet- influence that had been and still was ing with Prime Minister Maliki, how essential in guaranteeing Iraq’s nas- FALLUJAH many U.S. troops remaining in Iraq cent political system, reassuring Iraqi Mr. MCCAIN. Some of us were in the would perform and how many the ad- leaders they could resolve their dif- Senate 10 years ago in 2004 when U.S. ministration sought to maintain, they ferences peacefully and politically, de- troops led two major offensives against couldn’t tell us or the Iraqis. The spite their mistrust of one another, and Al Qaeda and other militants in the White House still had not made a deci- checking the authoritarian and sec- Iraqi city of Fallujah. Some of us re- sion. tarian tendencies of Prime Minister member how 146 of our brave men and It went on like this for the next few Maliki and his allies. women in uniform lost their lives and months. By August 2011, leaders of The administration’s failure in Iraq more than 1,000 were wounded. Those Iraq’s main political blocs joined to- has been further compounded by its

VerDate Mar 15 2010 23:43 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.012 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S198 CONGRESSIONAL RECORD — SENATE January 9, 2014 failure in Syria. In Syria, where Presi- esting visits we had was when we were not to be in combat but to provide the dent Obama has refused to take any in Ramadi and Colonel MacFarland an- logistical, air support, training, intel- meaningful action, the initially peace- nounced to us that the Sunni sheiks ligence capabilities missing in the ful protests of early 2011 were met by had come over—that the major sheik Iraqi Army, this would have been a horrific violence by the Assad regime. had come over, and he had sent some very different outcome. This President and this administra- tanks over—and that was the begin- And it does matter to my fellow citi- tion have stood back and watched ning of what we know as the Anbar zens here in the United States. If Al while over 130,000 people have been bru- awakening—a turning point in the en- Qaeda is on the rise anywhere, it does tally killed and a fourth of the popu- tire conflict. That, coupled with the affect us. Remember Afghanistan? Re- lation displaced. In his promise to surge, changed the fortunes of war in member when the Russians left and the avoid military action and reduce the Iraq. Taliban took over and they invited Al U.S. footprint in the Middle East, we By the way, the surge was opposed Qaeda and bin Laden in to be their hon- have seen the resurgence of Al Qaeda vehemently by the President of the ored guests? The rest is history. The throughout the region, Hezbollah and United States and the former Sec- reason 3,000 Americans died on 9/11 and Iran emboldened in Syria, Russia re- retary of State, then Senator Clinton, not 3 million is the terrorists, the rad- asserting its principal presence for the who stated in a hearing with General ical Islamists, Al Qaeda and their af- first time since it was kicked out of Petraeus that she would have to have a filiates can’t get the weapons to kill 3 Egypt by Egyptian President Sadat in ‘‘willing suspension of disbelief in million of us. If they could, they would. 1973, and the destabilization of the re- order to believe that the surge would So the goal is to create stability and gion in ways that will inevitably rever- succeed.’’ marginalize Al Qaeda throughout the berate here in America. But setting that aside, later, when we region. Unfortunately, as Senator Again, there are those who may ap- came back again to Fallujah and MCCAIN has predicted for a very long plaud President Obama’s decision to Ramadi, the Senator from South Caro- time, the absence of a following force disengage, arguing this isn’t America’s lina and I walked down the main street allows security to break down and the problem to solve. That the United of Ramadi—down the main street— vacuum was filled by the emergence of States is fundamentally limited in its with Iraqis everywhere, proving the Al Qaeda in Iraq. ability to influence developments in success of the surge in Anbar Province. I would like to go over some testi- the Middle East is a consistent theme Yet now, on the same streets we mony from June of 2010, when General within the administration. No one de- walked down—the exact same streets— Austin was about to take over from nies there are limits to what the there are now vehicles filled with Al General Odierno the command of our United States can do. That is always Qaeda, flying the black flag of Al operations in Iraq. General Austin told the case. But as Secretary Hillary Clin- Qaeda. me during my questioning that we ton told the Senate Foreign Relations The bloodiest war of the conflict that were inside the 10-yard line when it Committee as she was leaving office: was fought during our entire involve- came to being successful in Iraq. In Let me underscore the importance of the ment with Iraq was the second battle other words, the surge had worked. The United States continuing to lead in the Mid- of Fallujah. There were 95 brave Ameri- surge Senator MCCAIN supported dur- dle East, North Africa and around the world. cans killed and over 600 wounded. What ing his Presidential campaign worked. When America is absent, especially from un- do we tell these young people and their President Bush made his fair share of stable environments, there are consequences. families? What do we tell them? I tell mistakes in Iraq, but to his undying Extremism takes root, our interests suffer, you what we have to tell them. We and our security at home is threatened. credit he adjusted policies. We were all have to tell them their sacrifice was in. He gave General Petraeus all the Nowhere do her words ring more true squandered by an administration that troops we had to give and he stood be- than in Syria and Iraq today, begging wanted out and didn’t want to remain hind General Petraeus, and over a 2- or the question that by fleeing Iraq and and consolidate the gains that were 3-year period there was a phenomenal sidestepping Syria has the administra- made through the sacrifice of Amer- turnaround in the security situation in tion helped empower terrorist forces in ican blood and treasure. Iraq. The surge started in late 2007, ways that have created long-term Mr. GRAHAM. I would be glad to re- early 2008. threats to U.S. national security? I am spond to the Senator’s comments. Here is what had existed in 2010 in afraid it is hard to argue the answer is No. 1, I understand the average June. Basically, we were inside the 10- no. American thinks of the wars in Iraq yard line, and General Odierno said: I The administration must recognize and Afghanistan as having been long think the next 18 months will deter- its failed policies and change its and difficult wars costing a lot of mine whether we get to the goal line or course. America has lost credibility money and a lot of American lives. But give the Iraqis an opportunity to hit and influence over the past years, and the point of the war is to make sure the goal line beyond 2011. we simply can’t afford to remain dis- that radical Islam is contained and So we were in a good spot. The surge engaged. It is time that America eventually defeated, and that is going had worked, and we needed to close stands and take its rightful role in re- to take an effort on our part. this thing out. I asked this question solving these conflicts to best serve Does it matter that the Al Qaeda flag back in 2010: What would happen if Iraq American interests. It is time we adopt flies over Fallujah and Ramadi? I think had become a failed state? Let’s say we a comprehensive strategy for address- it does. I think when Al Qaeda occupies are inside the 10-yard line but we are ing the growing threats that are now a city anywhere in the world, it poten- not smart enough to get in the end emanating from the region and move tially affects every city throughout the zone. What would happen? Here is what forward from a position of strength. A world. Imagine the Nazis having come General Odierno said: return of Al Qaeda to Anbar Province back in Germany and occupying part of is a sobering reminder for the adminis- . . . if we had a failed state in Iraq, it Germany. We didn’t let that happen. would create uncertainty and significant in- tration that the tide of war is not re- We had a following force in Japan and stability probably within the region. Because ceding. Germany to make sure the transition of the criticality of Iraq, its relationship to I see my colleague from South Caro- from totalitarian and dictatorial states Iran, its relationship to the other Arab lina is here. I am sorry I didn’t realize to functioning democracies would states in the region, if it became unstable, it he had come to the floor. I know the occur. We are still in Japan and Ger- could create an environment that could con- Senator from South Carolina and I many. We are not taking casualties. tinue to increase the instability. need to discuss a recent unfortunate To go into the Mideast and replace I don’t believe we are close to that. I development in Afghanistan, but before dictatorships and think you can do it believe we are very far away from that we do, could I recall for my friend from in a matter of months or even a decade happening. I think we are definitely on South Carolina the many visits—and I is probably not going to hold water, the right path. But those are the kinds have lost count, but many visits—we quite frankly. The good news is we of things which would happen if we had made to Iraq from 2003 really up to were in a position in Iraq in 2010 where a complete breakdown inside Iraq. Here 2012, and that one of the most inter- if we had left behind a residual force was a quote:

VerDate Mar 15 2010 02:02 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.014 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S199 The top U.S. commander in Iraq, Army the leader of the Kurds, who all agreed But the immediate problem is how do Gen. Lloyd Austin, has said repeatedly that we would get together and endorse a you repel Al Qaeda from Fallujah and Iraq is not yet fully capable of defending its U.S. troop presence to remain in Iraq. Ramadi? The way it worked before is own air space or land borders, and that it This administration refused—even you had the Sunni awakening, where needs help in other areas such as intelligence after we came back and begged them to and logistics. the Sunni tribal leaders in Anbar had a give us a number—refused to give the taste of the Al Qaeda agenda and said: Our military commanders were tell- number, claiming it had to be endorsed No, thank you. They were literally ing us that the surge had worked, but by their Parliament, which was abso- killing children in front of their par- we were not there yet. lutely false. ents for smoking. The stories coming Here is what I would like to say to But now we see Iranian aircraft over- out of Anbar Province about the abuse the administration: If you believe Iraq flying Iraq with weapons and arms for the people of Anbar suffered under Al was the wrong war to fight and we Bashar al-Assad. We see Anbar and Qaeda control would break your heart. shouldn’t be there, own your decision. that area of Syria and Iraq now becom- So the Sunni leaders married with Don’t blame the Iraqis. ing possibly a base for Al Qaeda to op- American military personnel to drive The truth is the administration, led erate. We see the two major cities in the Al Qaeda elements out of Anbar. by President Obama, had absolutely no Anbar, Ramadi, and Fallujah—where so We are not there now. So how do you desire to leave one person behind in much American blood was shed—now get Al Qaeda dislodged from Anbar Iraq because this was Bush’s war and with vehicles driving around with the Province, Ramadi and Fallujah? You America was tired, and he ran on the black flag of Al Qaeda on display. are going to have to get the Sunni trib- idea of ending the war in Iraq. When it I think it is important we make it al leaders to work with the Iraqi Army. came time to make that fateful deci- clear. The Senator from South Caro- I think now is a good time to send a sion about a small 10,000 or 12,000, lina and I are not advocating sending former military commander of the U.S. whatever the number was, residual combat troops back to Iraq. That is im- forces—someone who is retired if that force to maintain the gains we fought possible. It may be an avenue, but it is is what is required—to see if they can so hard and to keep Iraq stable, he now impossible, and we are not advocating bring these parties together to form a wants to tell the world it was the that. We are advocating that we give military alliance between the Sunni Iraqis. I know differently. advice, send equipment, and we give tribal leaders and the Iraqi Army so I know, and so does Senator MCCAIN, them some capabilities. We help them the weight of the Iraqi Army can be that this administration made it im- with intelligence. There are certain brought into this fight. The distrust is possible for the Iraqis to say yes be- places we can help them. But at the high. But the way Al Qaeda was de- cause this administration would never same time, now Prime Minister Maliki feated in the past was the U.S. military give the Iraqi Government a troop has to reach out to the Sunnis and get working with the Sunni tribal leaders. number from the White House as to the a reconciliation. We are not there. From the day U.S. troops left Iraq, size of the force. Mr. MCCAIN. I would argue, I say to Maliki began to persecute the Sunni. I remember General Austin saying the Senator from South Carolina, two He even charged his own Vice Presi- publicly we needed 18,000. The bottom names which spring to mind would be dent, who was a Sunni, with treason line from the Pentagon was somewhere General Petraeus and Ambassador and the Vice President had to leave the slightly north of 10,000. I remember the Crocker, probably the two most re- discussions in the White House got country. So if any of this is going to work, if spected people in Iraq today. Maybe we down to 3,500 and it was cascading are getting into too much detail, but I down. we have any influence—and have no doubt who has the influence in Iraq do agree with him on that. I remember General Dempsey an- Mr. GRAHAM. The bottom line is we swering my question as to how the today: Iran. But if we have any influ- ence, we have to tell Maliki we want to have to change the momentum. We are numbers were reduced: Was it as a re- not there. But Senator MENENDEZ, to sult of the Iraqis saying, no, that is too help and we want to give him the kind of technical assistance he needs. But he his great credit, is willing to release many troops to leave behind in Iraq or his hold on the sale of Apache heli- were the numbers reduced because the has to reach out to the Sunni in the way that took place in the Anbar copters to allow the Iraqi military an White House did not want to have that advantage over Al Qaeda. I think Sen- many people left behind? He said the awakening back in 2008. Because with- out national reconciliation, all the ator MENENDEZ did the right thing. cascading down from 18,000 all the way equipment and all the assistance we So supplying arms in a smart way is to 3,500 had nothing to do with the can give the Iraqis will not help. part of the strategy to move forward. Iraqis. It was the uncertainty and un- So I do blame Prime Minister Maliki. But we have to get the military in Iraq willingness of the White House to com- Responsibility lies with his behavior working with the Sunni tribal leaders. mit to a number. toward the Sunni, but we were not I would ask Senator MCCAIN this So what happened? We left the coun- there to influence him. We were not question: On the other side of the bor- try with 200 U.S. troops advising and there. It is not only the kind of assist- der in Syria is complete chaos, is hell assisting, no capability. Everything ance we could have provided them that on Earth. I don’t know how we stabilize they talked about happening if we do they need, but it also is the influence Iraq long term until we deal with the not get Iraq right and get into the end issue. No expert on Iraq today will tell dismantling of Syria where Al Qaeda zone from the 10-yard line in 2010 is you we have anything but a minimal occupies the region right across the happening on steroids. Everything our influence and Iran has that. If anybody Iraqi border. How does a breakdown in generals told us about what would thinks Al Qaeda’s control of large por- Syria affect Iraq? await Iraq if we didn’t get this right is tions of Iraq and Syria is not a threat Mr. MCCAIN. I don’t think there is coming true at an accelerated pace. to the United States of America, then any doubt, I would say to my friend So I turn it back over to Senator they don’t understand the nature of Al from South Carolina, that this has be- MCCAIN. Qaeda. come an almost safe operating area on Mr. MCCAIN. Could I ask the Senator Mr. GRAHAM. As to the future of both sides of the Syria-Iraq border for again: One, Iraq and Syria now are in how to move forward, Prime Minister Al Qaeda. danger of becoming a base for Al Qaeda Maliki with all thought did go to Basra It is interesting. There has been a lit- and movement back and forth between and take on the Shia militia. tle good news in the last day or two; that area of Anbar Province, which ob- The political gains we made in Iraq that is, some of the more moderate viously poses an enormous threat, be- are being lost by lack of security. If we forces in Syria have struck back at cause we know what the ultimate goal would have had a residual force, the po- this radical Islamist group because of of Al Qaeda is. litical momentum toward reconciling the incredible cruelty of al-Nusra and Could I also recall for my friend from Iraq would have continued. Without se- ISIS, which is the radical Islamic South Carolina the meeting we had curity, people go back to their sec- group both in Iraq and Syria. Interest- with Maliki—after we had met with tarian corners. I would argue that the ingly enough, that is being accom- Allawi, after we had met with Barzani, Sunnis need to up their game too. plished without any U.S. help. Thank

VerDate Mar 15 2010 02:02 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.016 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S200 CONGRESSIONAL RECORD — SENATE January 9, 2014 God for the other countries such as helpful to the mistakes made in Iraq friend the King of Jordan is under Saudi Arabia, Qatar, and others which during the Bush administration. In siege. The Lebanese Ambassador testi- have been of assistance to these people. fact, the entire election in 2008 and the fied a couple of weeks ago in our com- They have been driving out some of the primary was about Iraq. I remember mittee that the country is saturated. more extremist element. We are work- the politics of Candidate Barack Almost 1 million refugees from Syria ing with the Russians to remove the Obama, who basically used the Iraq have gone to Lebanon. There are over 5 chemical weapons. war to win the nomination, for lack of million in Lebanon today. They have In Syria today, Bashar al-Assad, a better word. I remember during the added almost 1 million refugees from from helicopters, is dropping these campaign he talked about Afghanistan Syria. They didn’t plan to get to 5 mil- crude cluster bombs which are just being a good war. We will talk about lion people until 2050. The Kingdom of shrapnel that kill anybody within le- Afghanistan later. It is not a happy Jordan—the Jordanians have received thal range. Since dropping it on popu- story either, I am afraid. over 600,000 refugees, with no end in lated areas, Bashar al-Assad has But the bottom line is that there was sight. slaughtered innocent men, women, and bipartisan support for troop presence Syria is not a civil war. Syria is a re- children. beyond 2011, a residual force. This ad- gional conflict where you have proxies So here we are working with the Rus- ministration chose to ignore the advice backing each side in Syria that are sians. Today there was a U.N. resolu- of the commanders, and they created taking the entire region into chaos. It tion from the Security Council con- the situation where the Iraqis could is killing Iraq. It is destabilizing Leb- demning Bashar al-Assad’s barbaric be- not say yes. Yet they want history to anon and Jordan. It has to be addressed havior. Guess who vetoed that. Our record this being a problem created by in an effective way. friends, the Russians. This is the most the Iraqis for not giving legal immu- If you want to be President of the Orwellian situation in Iraq anybody nity to U.S. soldiers. History is going United States, certain requirements has ever seen throughout history. Rus- to be written about our times. How this come with the job: having a vision, sians are working with us to remove ends, nobody knows. But I know this: making tough calls at the time when it chemical weapons from Syria and at It is not fair to say that the reason we would matter. On President Obama’s the same time aircraft from Russia are have nobody left behind in Iraq is be- watch, you had the Arab spring come landing full of weapons to kill Syrian cause of the Iraqis. It is fair to say that about and you had a desire by this ad- men, women, and children. I am not the administration got the result they ministration to leave the region at any sure a Syrian mother can differentiate wanted, and they should own that— and all costs. Now you have absolute between her child dying from a chem- good, bad, or indifferent. Don’t create a chaos. The only way we are going to fix ical weapon or dying from one of these straw person for the situation that you this is for America to get reengaged. cluster bombs that Bashar al-Assad is drove and you created. We do not need boots on the ground, unloading from his helicopters. As to Syria, please understand that but we need leadership. So we have this grandiose idea the this whole conflict started when people It just breaks my heart to see how Secretary of State and the administra- went to the streets peacefully to ask close we were in 2010. The surge did tion have been pushing for months and for more political freedom after the up- work in spite of opposition from Presi- months to have a Geneva II. The first rising in Egypt; that this war in Syria dent Obama as Senator and Secretary Geneva failed. Does anyone on God’s did not start with a Sunni uprising or Clinton as Senator. In spite of their ve- green Earth believe that Bashar al- Al Qaeda invading the country. The hement opposition, the surge did work, Assad, who is winning, is going to pre- conflict in Syria started when the peo- and on their watch we are about to lose side over his own transition from ple of Syria, from all walks of life, everything we fought for. Al Qaeda is power? Of course not. started demanding more from their the biggest beneficiary of our with- I will never forget—I am sure the government, from this dictatorship, drawal from Iraq. Al Qaeda is the big- Senator from South Carolina will never and the response they received from gest beneficiary of our indifference in forget—the testimony of our now still their government was to use lethal Syria. Al Qaeda is thriving, and our al- Chairman of the Joint Chiefs of Staff force. lies and our friends are in retreat. and then-Secretary of Defense Leon It has broken down now to a regional Mr. MCCAIN. Madam President, Panetta before the Armed Services conflict where the Iranians are backing thank you for your patience. Committee: Bashar al-Assad inevitably Assad and you have Sunni Arab States We yield the floor. will leave. backing parts of the opposition and f The President of the United States: you have Al Qaeda types coming from Bashar al-Assad, it is not a matter of Iraq and other places filling in the vac- RECESS when, it is not a matter of whether he uum created by this breakdown in The PRESIDING OFFICER. Under will leave but a matter of when. Syria. the previous order, the Senate stands Meanwhile, the weapons pour in from At the end of the day, what Senator in recess until 2:15 p.m. Iran; Hezbollah, 5,000 of them; 130,000 MCCAIN had been talking about for 3 Thereupon, the Senate, at 12:35 p.m., people slaughtered, and one-quarter of years is that once you say Assad has to recessed until 2:15 p.m. and reassem- the population being slaughtered, while go—no President should say that un- bled when called to order by the Pre- this administration not only sits by less they are willing to make it hap- siding Officer (Ms. HEITKAMP). and does nothing but the President of pen. Assad was on the ropes. With just f the United States says nothing. any effort on our part, a no-fly zone to This will go down as one of the most boots on the ground, any assistance at MORNING BUSINESS shameful chapters in American his- all in the last couple of years and Mr. REID. Madam President, I ask tory. If the policy of this administra- Assad would be gone, the transition unanimous consent the Senate be in a tion is to only focus on counterterror- would be well underway. It would have period of morning business until 3 p.m. ism, get out of the Middle East, and re- been bloody at first, but we would have today, and that I be recognized at 3 move any involvement of the United behind us now a Syria moving toward p.m., with all other provisions of the States in the Middle East, I can assure stability because the good news is the previous order remaining in effect. my colleagues the Middle East will not average Syrian is not a radical Al The PRESIDING OFFICER. Without allow the United States of America to Qaeda Islamist. Syrians have been liv- objection, it is so ordered. not be involved. ing peacefully with each other—Chris- I note the absence of a quorum. Mr. GRAHAM. If I may just conclude. tians, Sunnis, and Alawites—for hun- The PRESIDING OFFICER. The I have a quote from Speaker BOEHNER, dreds of years. Now Syria has become clerk will call the roll. who said he would support the Obama the central battle for every radical The legislative clerk proceeded to administration if it decides to leave Islamist in the region, and it is just sad call the roll. troops in Iraq beyond 2011. and sorry to witness. Mr. BAUCUS. Madam President, I I remember Senator Obama and Sen- But what does it mean to us? It ask unanimous consent that the order ator Clinton not being particularly means that if this war continues—our for the quorum call be rescinded.

VerDate Mar 15 2010 02:02 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.017 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S201 The PRESIDING OFFICER. Without sustainability and clean air and clean promising young person from Con- objection, it is so ordered. water, and he took action to improve necticut who was killed by a person (The remarks of Mr. BAUCUS, Mr. the world around him. with a gun whose name was Erika Rob- HATCH, and Mr. PORTMAN pertaining to Last summer he participated in a inson. The victim of that crime, Erika the introduction of S. 1900 are printed highly competitive internship at the Robinson, just like Javier, was killed in today’s RECORD under ‘‘Statements Nature Conservancy, where he worked because she was at the wrong place at on Introduced Bills and Joint Resolu- to protect endangered species. A direc- the wrong time. tions.’’) tor of this program regarded Javier as We ought to remember some of the Mr. PORTMAN. Madam President, I one of the most outstanding partici- other victims. We should keep in mind yield back my time. pants that the program ever had. all of the now tens of thousands, just I suggest the absence of a quorum. He spent last spring planting trees— since Newtown, who maybe survived The PRESIDING OFFICER. The planting trees—with the New Haven but who are changed and challenged in clerk will call the roll. Urban Resources Initiative. He planted ways they never could have envisioned. The legislative clerk proceeded to trees that he will never sit under, but Their lives have been changed forever. call the roll. the world will be better for all that he Amber Smith, who worked as a man- Mr. BLUMENTHAL. Madam Presi- did—one small act, one small part of ager in a New Haven Burger King res- dent, I ask unanimous consent that the what Javier did to make New Haven taurant, was shot on September 15, order for the quorum call be rescinded. and the world better. 2013, when two robbers entered that The PRESIDING OFFICER. Without This past fall he joined a crew of Burger King. objection, it is so ordered. West River Stewards, identifying and The robbers demanded that she open documenting sources of pollution along f a safe in the business, and one of them the West River in the New Haven area. shot her in the upper hip and through REMEMBERING JAVIER MARTINEZ Not only did he have a bright future her leg. She was just 19 years old at the Mr. BLUMENTHAL. Madam Presi- ahead of him, but he knew what he time on September 15, 2013. dent, many of us have come back from wanted. He was pursuing the American She remembers thinking that she a couple of wonderful weeks in our dream. He was seeking and working to was going to die and wondering who home States, traveling and visiting make America a better place for him would take care of her two small chil- with families, and had the privilege of and for his fellow students at Common dren. She almost bled to death but was Ground. spending time with loved ones and saved, fortunately, by receiving sur- By all accounts he was not only dedi- sharing our hopes and plans for the new gery in the emergency room. So she year. Not everyone was so fortunate. cated and hard working, but he had a good heart. He had a great sense of survived the shooting, but she lives I rise today to honor the memory of with the psychological and the phys- yet another tragic victim of gun vio- himself. He stayed out of trouble. He had no criminal record whatsoever, it ical trauma of that shooting every day. lence in Connecticut and our country. These random acts of violence may goes without saying. He worked hard On December 28, in New Haven, not always make the national news, shortly before the beginning of this at his studies. He was loved in New Haven by his they may not always take a life, but new year, one family’s time together classmates, by his teachers, and by all they change lives, and they take lives with their son was cut short when who knew him. He had a growing dedi- one or two at a time. Javier Martinez was shot and killed. cation to protecting that world. Unfor- Those shooting deaths of Javier Mar- I have his picture here in the Cham- tunately, our society failed to protect tinez and Erika Robinson have become ber. His memory is with us today, as I him, failed to protect him during the all too often the mundane evil of our ask this body to honor him, along with simple act of walking home, failed to time. The banality of evil is found in other victims of gun violence who have protect him from gun violence, failed gun violence, and we seem to accept it died since Newtown, and those who to protect him in a neighborhood where all too often with indifference as an- have died before Newtown, and now I he thought he would be safe as he other news item. Yet it should be as re- ask them to be remembered not only in walked. pugnant and abhorrent and unaccept- words but also in action by this body, On that early morning of December able as the deaths of 20 innocent chil- so that Javier shall not have died in 28, shortly before 1 a.m., he was found dren in Newtown and 6 great educators vain. shot to death on the streets of New because every act of gun violence di- He was only 18 years old. He was a Haven. In fact, he was walking from his minishes us as a nation and as a com- senior at Common Ground High School house to a friend’s house. He did not munity. in New Haven, one of the really ex- have a car, so his only choice was to Our country has come to the point traordinary educational institutions in walk. He sustained multiple gunshot that gun violence can happen any- our State. wounds and was pronounced dead at where. If your life has not been touched His teachers and classmates describe the scene. by it, there is a near certainty that it him as a kind, intelligent young man The police are continuing to inves- will be at some point—tragically, un- who was becoming a leader in the tigate. Have no doubt that they are fortunately—because far too often school and in his community. working hard. The New Haven Police communities suffer in silence. We need He had a bright future. In fact, he have been extraordinarily responsive to end that silence. We need to end the had the whole world, his whole life and responsible in combating gun vio- inaction and the acceptance of this ahead of him. lence, so I know they are going to get mundane and banal evil that lives At Common Ground, a charter school answers. Whether they will ever get among us. that focuses on sustainability and con- enough answers to prosecute someone While we have failed to act in this necting students with natural re- remains to be seen. But I know they Chamber, even though we had a major- sources in their own communities, he are dedicated to finding out what hap- ity of 55 Senators ready to approve was absolutely thriving. pened on that night. very simple, commonsense measures to I have heard that some of his class- The death of Javier Martinez is a stop gun violence, the President has mates and teachers at Common Ground tragedy, heartbreaking. It is heart- done what he can through executive ac- are perhaps watching right now or will breaking, as are many of the random tion, most recently on mental health. I watch at some point, and I want to deaths in America resulting from gun commend him for those actions. He has thank them for joining in honoring his violence. This young man is a testa- done what he can to strengthen Fed- memory and continuing his work to ment to our continuing responsibility, eral background checks for firearms make our planet, our world, our Na- our obligation, and our opportunity to purchases. I thank him for that action. tion, and the community of New Haven combat and prevent gun violence on These changes are incremental, but better, and keeping faith with his the streets and in the neighborhoods they are steps in the right direction. memory. across our country. States have taken the leadership on Javier cared about his community Just a few weeks ago I spoke on this this issue as well, maybe even more so and the environment and the issues of floor, in this very place, about another than the Federal Government. My own

VerDate Mar 15 2010 02:02 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.028 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S202 CONGRESSIONAL RECORD — SENATE January 9, 2014 State of Connecticut, laudably, has AYOTTE from New Hampshire and Sen- I have been clear that on the pending passed laws to effectively ban, for ex- ator PORTMAN from Ohio. All three of bill if there is a way we can responsibly ample, the sale of assault weapons. us voted for the motion to proceed be- pay for this temporary 3-month exten- But this body and this government cause we felt this is an issue that sion to do that, I would be willing to need to act. The Federal Government ought to be discussed and debated, and support that—except the current bill has a responsibility that only it can not simply dismissed, and because we does not have a way to pay for it—be- address, because we know that guns are would like to make corrections to the cause I do not believe we should be add- trafficked across State lines. Stolen program that make it more viable. ing to our debt, $17 trillion, and our and illegally bought guns are traf- We would like to raise the issue of, is yearly deficits in order to do this. ficked across State lines. No single there a better way to deal with unem- But let me say that I have a very State can put a stop to it. ployment in this country? We have commonsense amendment. It is amend- We know that without action in this some amendments that would allow us ment No. 2603. Let me say what it is body, mental health will remain an to move and improve and move to what about. My amendment fixes what is an unmet need in this country. We know we think is a better way, as well as pay abuse in our Tax Code. The Treasury that without action in this country, for a bill that, without being paid for, inspector general found that individ- background checks for people who buy exceeds the budget agreement we just uals who are not authorized to work in firearms will be incomplete and inad- entered into. this country are collecting billions of equate. I offered four amendments. I was not dollars in tax refunds by filing for an So Javier’s death should be a re- insisting on offering all four. They additional child tax credit. The dis- minder and a call to action. As the peo- were similar to what my colleagues turbing part about this trend is that ple of his family and New Haven mourn had offered. The three of us want to there has been a steady increase each his death, we should celebrate his con- very briefly speak to these and indicate year of billions of dollars collected by tributions in making our planet better, to our colleagues what it is we would illegal workers seeking these refunds. in protecting the precious resources be doing. I offered the original bill way Investigations of these tax refunds that, unfortunately, he was unable to last fall, which would delay the indi- have found some gross examples of enjoy, and resolve to protect better the vidual mandate under the Affordable fraud; examples of refunds for children, innocent people, particularly our chil- Care Act. children who do not live in the United dren, who at any moment, at any As we all know, the President has de- States of America; examples of fraud of layed for 1 year the mandates on em- place, may become victims of gun vio- many children who may not even exist. ployers who provide health insurance lence. For example, in Indiana, they found for their employees, but did not so do f four unauthorized workers claiming so for individuals, for those who do not over 20 children who lived in a resi- EXTENSION OF MORNING have coverage under their employer. dence, fraudulently collecting tens of BUSINESS We did not feel that was fair. Why one thousands of taxpayer dollars. They Mr. BLUMENTHAL. Madam Presi- entity and not the other? It also vio- found examples of tax refund claims for lated the law that the President took dent, I ask unanimous consent that the children who live in Mexico, not the the liberty to exercise. Senate be in morning business for de- United States of America. In North We are saying: Well, let’s at least be bate only until 3:15; that the majority fair, that those who are not covered by Carolina, 1,000 tax returns were linked leader be recognized at 3:15, with all the 1-year delay on the mandate of em- to 8 addresses—1,000 tax returns were other provisions of the previous order ployers would be subject to having to linked to 8 addresses, refunding $5 mil- remaining in effect. comply and we have—I will not go lion in tax refunds. Another example in The PRESIDING OFFICER (Ms. through all of the details, but we have North Carolina: 398 returns associated BALDWIN). Without objection, it is so seen the disaster that has happened in with 2 apartments—398 returns, refund- ordered. terms of that rollout. ing $1.9 million to workers who are not Mr. BLUMENTHAL. I yield the floor My amendment, No. 2611 to this bill, authorized to work in our country. and I suggest the absence of a quorum. I am going to select out as the amend- There was no evidence that the chil- The PRESIDING OFFICER. The ment I am going forward with. My col- dren being claimed either lived in the clerk will call the roll. leagues also have excellent ideas. They United States of America or even ex- The legislative clerk proceeded to will be offering those. Frankly, I agree isted, for that matter. call the roll. with all of their amendments and what My amendment is very straight- Mr. COATS. Madam President, I ask they are doing also, so I think we are forward in terms of the fix. The filer of unanimous consent that the order for pretty much on the same page. the tax return who is going to claim the quorum call be rescinded. This amendment would delay the in- the additional child tax credit would The PRESIDING OFFICER. Without dividual employer mandate under have to list a Social Security number. objection, it is so ordered. ObamaCare for 1 year. The estimated This is the same requirement for those Mr. COATS. Madam President, we cost savings on this is $35 billion. I who claim the earned income tax cred- have been discussing, the last couple of think that is a savings that obviously it for which you can receive a tax re- days, the unemployment insurance could be used for a number of offsets. I fund if you qualify. So it would be sim- issue. A number of us have had con- think at this particular point in time, ply to add that same requirement. cerns relative to the effectiveness of I would yield the floor and let my col- What the Joint Committee on Tax- the program relative to the cost that league from New Hampshire explain ation has estimated is that we could would undertake and how it would be her amendment and how the savings save $20 billion over the next 10 years paid for if it goes forward and is ex- would be applied to some very nec- simply by treating this child tax credit tended and the reforms we think would essary things. just like the earned filers income tax be needed to make this a much more I yield the floor. credit, that filers would have to use a effective program. We have not been of- The PRESIDING OFFICER. The Sen- Social Security number as well. fered the opportunity to do more than ator from New Hampshire. What would this $20 billion go for? just discuss it on the floor. We have Ms. AYOTTE. Madam President, I With this $20 billion, we can pay for the not been offered the opportunity to thank my colleague from Indiana. As recent cuts in the budget that were un- offer amendments, offer our ideas, have he said, I, as did my colleague from In- fair, where our men and women in uni- them debated and voted on. It is my diana and my colleague from Ohio, form, military retirees, were singled understanding that the majority leader moved to allow this bill to go forward out for cuts to their retirement, to will be coming to the floor shortly to for debate. I thought it was important their cost-of-living increases, includ- potentially—well, to tell us what the that we have a debate on obviously the ing, by the way, our wounded warriors, decision is relative to whether we will situation of struggling workers in our those who have medically retired, who have that opportunity. country and on the issue of whether to got a cut to their cost-of-living in- Let me very quickly say I have been extend unemployment benefits for crease in this recent budget. This was working with my colleagues Senator them. the only group that was singled out in

VerDate Mar 15 2010 04:09 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.030 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S203 this way, those who have taken a bul- The disability community at this Of course not, but JACK REED has done let for our country, many who have point is outraged that anyone will even a remarkably good job, and we believe done multiple tours for us in Afghani- suggest this. We can stop the double this is a sound and balanced proposal. stan and Iraq, and some who have suf- dipping. We are happy to join with I would also say this takes care of it fered horrible wounds, including those them in doing that, but that savings is for the good part of this year. I wish we many of us have had the privilege of a little over $1 billion. We are pleased, could have done it until the first of the visiting at Walter Reed. So we can pay and that is part of the proposal we will year. We can’t find enough money. I for and fix the military retirement all have in a little bit. have been waiting here for more than cuts, as many Members on both sides of I received a phone call from a person 24 hours for a reasonable proposal by the aisle have said we have a commit- who has done more for helping people my Republican friends to pay for this. ment to do, because we think that was who are disabled than any person in We don’t have one yet. unfair. the history of this body, the senior We are not going to strip the rights What else can we do with this? We Senator from the State of Iowa. He had of people who have health insurance, can also pay for the bill pending on the been previously engaged and he heard and we are certainly not going to go floor, the 3 months extension of unem- about this. Those of us who know TOM after little boys and girls in America ployment benefits for American work- HARKIN know what he does to protect who have the child tax credit. There ers who are struggling during this pe- the disabled. I know my friend from comes a time when we have to move riod, who are trying to get back to Ohio has good intentions, but the dis- forward. work. ability community will never allow I suggest the absence of a quorum. Finally, we can also take the remain- this to happen, and they are right. The PRESIDING OFFICER. The der of the savings and apply it to the My friend, the junior Senator from clerk will call the roll. deficit. Again, fix tax abuse, where Nevada, as some of us know, has had The assistant legislative clerk pro- there has been fraud, rampant fraud casts on one leg and now the other leg. ceeded to call the roll. found by investigations by requiring a He has had some surgery on his ankles. The PRESIDING OFFICER. The Sen- Social Security number, such as the He has had to replace the Achilles ten- ator from Ohio. Mr. PORTMAN. I ask unanimous earned-income tax credit, and in return dons in both of his legs. A cast broke, consent that the order for the quorum it is a three-for. I think it was on his left leg—maybe it call be rescinded. We can pay for the 3-month unem- was his right leg. I don’t remember. The PRESIDING OFFICER. Is there ployment extension on this floor, we I talked to him this morning and he objection? can fix the unfair cut to military retir- had to go to the emergency room to get his cast replaced. I am waiting to hear Mr. REID. I object. ees and to our wounded warriors, and The PRESIDING OFFICER. Objec- from him. I have explained this pro- we can help reduce our deficit. tion has been heard. posal in some detail to him and his The PRESIDING OFFICER (Ms. WAR- Mr. PORTMAN. Is there objection? REN). The Senator’s time has expired. staff, but he hasn’t had an opportunity The PRESIDING OFFICER. Yes, ob- to speak to his staff since he had to f jection was heard. rush to the emergency room—at least The clerk will continue to call the CONCLUSION OF MORNING that is my understanding—so I am roll. BUSINESS waiting until he gets back. The assistant legislative clerk con- EED has come The PRESIDING OFFICER. Morning The proposal Senator R tinued with the call of the roll. up with extends unemployment insur- business is closed. Mr. PORTMAN. I ask unanimous ance through mid-November. The pack- consent that the order for the quorum f age does what the Republicans wanted. call be rescinded. EMERGENCY UNEMPLOYMENT It is entirely paid for. There are struc- The PRESIDING OFFICER. Is there COMPENSATION EXTENSION ACT tural changes which they have been de- objection? manding, and we have done that. It has Mr. REID. I object. The PRESIDING OFFICER. Under reforms that reduce slightly the num- The PRESIDING OFFICER. Objec- the previous order, all postcloture time ber of weeks an unemployed person can tion is heard. with respect to the motion to proceed remain on the unemployment insur- The clerk will call the roll. to S. 1845 is considered expired. ance, while all along preserving ex- The assistant legislative clerk con- The clerk will report the bill by title. tending the weeks of high-unemploy- tinued with the call of the roll. The legislative clerk read as follows: ment States. Mr. REID. Madam President, I ask A bill (S. 1845) to provide for the extension The legislation proposed by Senator unanimous consent that the order for of certain unemployment benefits, and for JACK REED tightens the rules for unem- the quorum call be rescinded. other purposes. ployment insurance. It would include a The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma- proposal, much like that advocated by objection, it is so ordered. jority leader. the Senator from Ohio Mr. PORTMAN, Mr. REID. Madam President, I first Mr. REID. This is similar to that would prevent people from col- of all appreciate everyone’s coopera- ‘‘Groundhog Day’’ because this is a pic- lecting both unemployment insurance tion here—patience more than coopera- ture we have already seen in the very and disability insurance at the same tion. We are doing our best. I have al- lucid speech given by my friend from time. That is clear. ready said what we are trying to do New Hampshire. Much of this offset is simply an ex- here, and I will repeat just a part of it. She should have gone back through tension of the Murray-Ryan agreement We have a proposal that is paid for. It the CONGRESSIONAL RECORD. We have we all voted for—or a lot of us voted is a pay-for that we have used and it is been through this before. for earlier. This provision would extend something I think is totally valid. The We are not going to hurt American the sequester on mandatory programs original idea came from PAUL RYAN, children, and that is what it does. We for another year. If Republicans have a but we have used it on another occa- have been through this. This is some- complaint about this, don’t call and sion. This has nothing to change that thing we have tried to use in the past complain to JACK REED. Call PAUL original proposal except to extend it to pay for things that are very unfair RYAN. This is his. This is his idea— for 1 year. The proposal of my friend to American children. maybe not on this specific issue, but from Ohio—an issue he has alerted us The other issue is there have been this is his proposal, his idea. to—we think we have taken care of in some efforts made, and good-faith ef- We believe if it is good enough to this amendment. I think it is a fine forts made by the Senator from Ohio, help other proposals propounded by my proposal, but the breadth of what he is to stop double dipping—people who are Republican friends in the House, it is trying to do is really unfair and we on disability and are drawing unem- good enough to help the unemployed. can’t do that. So we are doing our ut- ployment insurance. We agree with In this proposal, there has been a de- most. him. We can take care of that, but it sire to address the concerns of the Re- We have structural changes in this. does not save $5.4 or $5.6 billion. publicans and Democrats. Is it perfect? It is paid for—a pay-for for almost to

VerDate Mar 15 2010 02:02 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.031 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S204 CONGRESSIONAL RECORD — SENATE January 9, 2014 the first of the year, as much money as The amendment is as follows: Mr. REID. I object. we are able to find. But we have done At the end, add the following: The PRESIDING OFFICER. Objec- everything the Republicans have want- This Act shall become effective 3 days tion is heard. ed: It is paid for, there are structural after enactment. Mr. REID. Madam President, I ask changes, and we have taken care of the Mr. REID. I ask for the yeas and nays unanimous consent that the order for double dipping of those in the dis- on that motion. the quorum call be rescinded. ability community on unemployment. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there objection? AMENDMENT NO. 2631 sufficient second? There appears to be a sufficient sec- Without objection, it is so ordered. Mr. REID. Madam President, on be- The Senator from Ohio. half of Senator REED of Rhode Island I ond. Mr. PORTMAN. I thank the Chair. have an amendment at the desk. The yeas and nays are ordered. Madam President, I tried to be recog- The PRESIDING OFFICER. The AMENDMENT NO. 2634 nized before the majority leader de- clerk will report the amendment. Mr. REID. I have an amendment to cided to fill the tree, which means tak- The assistant legislative clerk read the instructions at the desk. ing away the opportunity for amend- as follows: The PRESIDING OFFICER. The ments to be offered—although there The Senator from Nevada [Mr. REID], for clerk will report the amendment. will be an attempt in a moment to Mr. REED of Rhode Island, proposes an The assistant legislative clerk read offer some. I am disappointed in that, amendment numbered 2631. as follows: because I think we were very close to (The amendment is printed in today’s The Senator from Nevada [Mr. REID] pro- reaching an agreement which would RECORD under ‘‘Text of Amendments.’’) poses an amendment numbered 2634 to the have enabled us to move forward with Mr. REID. I ask for the yeas and nays instructions of the motion to commit S. 1845. allowing Senators on both sides of the on that amendment, Madam President. The amendment is as follows: aisle to offer some of their ideas on the The PRESIDING OFFICER. Is there a In the amendment, strike ‘‘3 days’’ and in- unemployment insurance extension. sufficient second? sert ‘‘4 days’’. Recall. This is an important debate There appears to be a sufficient sec- Mr. REID. I ask for the yeas and we are having for the American people. ond. It is about whether we go beyond the The yeas and nays are ordered. nays, Madam President. The PRESIDING OFFICER. Is there a roughly 26 weeks in unemployment in- AMENDMENT NO. 2632 TO AMENDMENT NO. 2631 sufficient second? surance to having an emergency exten- Mr. REID. I have a second-degree There appears to be a sufficient sec- sion again. On this side of the aisle, amendment at the desk. ond. there were a few of us who, in fact, The PRESIDING OFFICER. The The yeas and nays are ordered. crossed over to vote with the entire clerk will report the amendment. Democratic majority to say let’s have AMENDMENT NO. 2635 TO AMENDMENT NO. 2634 The assistant legislative clerk read that debate. We thought we were doing Mr. REID. I have a second-degree as follows: so in good faith in that there would ac- amendment at the desk. The Senator from Nevada [Mr. REID] pro- tually be a debate on two issues. One is The PRESIDING OFFICER. The poses an amendment numbered 2632 to whether it should be paid for and how clerk will report the amendment. amendment No. 2631. it should be paid for, which I will ad- The assistant legislative clerk read The amendment is as follows: dress in a second, but second is how we as follows: At the end, add the following: should reform the unemployment in- This Act shall become effective 1 day after The Senator from Nevada [Mr. REID] pro- surance program and do other appro- enactment. poses an amendment numbered 2635 to amendment No. 2634. priate policies to get at the underlying CLOTURE MOTION problem, which is a record level, a Mr. REID. I have a cloture motion on The amendment is as follows: record number of Americans who are the Reed of Rhode Island amendment. In the amendment, strike ‘‘4 days’’ and in- long-term unemployed. The PRESIDING OFFICER. The clo- sert ‘‘5 days’’. Clearly what we are doing isn’t work- ture motion having been presented CLOTURE MOTION ing, and we believe this is an oppor- under rule XXII, the Chair directs the Mr. REID. I have a cloture motion at tunity for us to help improve the pro- clerk to read the motion. the desk. gram to actually address the real prob- The legislative clerk read as follows: The PRESIDING OFFICER. The clo- lem. The President of the United CLOTURE MOTION ture motion having been presented States wants us to do that. He called We, the undersigned Senators, in ac- under rule XXII, the Chair directs the me on Monday and told me he had cordance with the provisions of rule clerk to read the motion. hoped we would be able to address this XXII of the Standing Rules of the Sen- The legislative clerk read as follows: issue by voting for the motion to pro- ate, hereby move to bring to a close de- CLOTURE MOTION ceed to begin the debate so that over bate on amendment No. 2631 to S. 1845, We, the undersigned Senators, in accord- the next few months, while we had a a bill to provide for the extension of ance with the provisions of rule XXII of the short-term extension of this program, certain unemployment benefits, and for Standing Rules of the Senate, hereby move there could be even more detailed dis- other purposes. to bring to a close debate on S. 1845, a bill to cussions about how to improve the leg- Harry Reid, Jack Reed (RI), Martin Hein- provide for the extension of certain unem- islation and how to add other elements rich, Richard Blumenthal, Michael F. ployment benefits, and for other purposes. to it—specifically, on how to give peo- Bennet, Richard J. Durbin, Patty Mur- Harry Reid, Jack Reed, Amy Klobuchar, ple who are long-term unemployed the ray, Max Baucus, Debbie Stabenow, Elizabeth Warren, Richard J. Durbin, Sheldon Whitehouse, Edward J. Mar- skills they need to access the jobs that Bill Nelson, Amy Klobuchar, Thomas are available. Unfortunately, we are R. Carper, Edward J. Markey, key, Tammy Baldwin, Patrick J. Benjamain L. Cardin, Sheldon White- Leahy, Christopher A. Coons, Barbara not going to have that opportunity house, Charles E. Schumer, Patrick J. A. Mikulski, Patty Murray, Mark R. now, it appears, to have the debate Leahy. Warner, Mazie K. Hirono, Christopher over how to pay for it, what the pay- Murphy, Tom Harkin, Sherrod Brown. MOTION TO COMMIT WITH AMENDMENT NO. 2633 fors ought to be, and, again, how to im- Mr. REID. Madam President, I have a Mr. REID. Madam President, I sug- prove the program. motion to commit on S. 1845 and it has gest the absence of a quorum. But let me say this is unfortunate, instructions. The PRESIDING OFFICER. The because we had 60 votes to proceed. The PRESIDING OFFICER. The clerk will call the roll. That includes certainly three of us who clerk will report the motion. The legislative clerk proceeded to are here on the floor today, and all The assistant legislative clerk read call the roll. three of us are willing to move forward as follows: Mr. PORTMAN. Madam President, I with this with a reasonable provision The Senator from Nevada [Mr. REID] moves ask unanimous that the order for the to pay for this over the 3 months, and to commit the bill to the Committee on Fi- quorum call be rescinded. again, during that period to come up nance with instructions to report back forth- The PRESIDING OFFICER. Is there with a better and improved unemploy- with with an amendment numbered 2633. objection? ment insurance program. We were not

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.033 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S205 part of the discussion as to the pay-for she talked about it today on the floor, right. They want to offer amendments. that the majority leader has just put where she wants to take away some of We have been waiting here since Mon- forward. the existing missed payments that are day for pay-fors. The only pay-for we I appreciate his good faith in wanting in the child tax credit. I would think have heard realistically to take care of to include one of the proposals I had in all of us would want to do that—to pre- this is something everyone knows we my amendment. I honestly do appre- serve child tax credits for those who disagree with—to take away health ciate that. I will say the offset he has are truly eligible. For those who are care benefits from the American peo- put in, which I have just learned about not eligible, obviously, they shouldn’t ple. because I didn’t have an opportunity to have access to it. It seems like a sen- The proposal by my friend from Ohio see until now, has an important dif- sible amendment to me. I am a cospon- is not a good proposal. It hurts people ference—a difference between what was sor of that amendment. who are disabled, and that is the fact. just offered in the new Democratic pro- Senator COATS raised his ideas today, We have stopped dual payments. That posal and what is in my proposal. My and I think he has some good ideas is what our amendment does. proposal, which I have come to the that ought to be debated. This is something we have been going floor to talk about three times now, So my hope is we would be able to go through—the American people have has been previously proposed by the back to where we were prior to filling been going through now for years. House. It says that if you get unem- the tree and to say let’s have a discus- My friend worked with the senior Senator from New Hampshire on en- ployment insurance or you get trade sion. It can be limited. I think there ergy efficiency. Now, if that wasn’t adjustment assistance, then you also are a very limited number of amend- quite a show. I had conversations on do not receive Social Security dis- ments. numerous occasions: Yeah, we have it ability insurance in that same month. I see the distinguished Republican all taken care of. Republicans are try- Why? Because these programs are whip on the floor, and he indicated to ing to move forward on this. mutually exclusive. If you are on So- me today there are something under 20 cial Security disability—SSDI—that It went on for weeks and weeks. We amendments offered by the Republican never got anything done. means you are not working, by defini- side. I don’t know how many of those tion. If you are working and lose your So we are where we are. Democrats have actually been filed, but it seems don’t need a memo to tell them to have job, you are then continuing to look to me we could have had a good debate for work and you get TAA. If you have a good conscience about people who are on that and still should. disabled, to be compassionate about lost your job and you are continuing to So my hope is that we can come up look for work, which is required, you people who are unemployed. We don’t with a solution here. I do think it is need a memo. We know that people get unemployment insurance. going to require us providing some op- This is why this same general pro- who are long-term unemployed are des- portunity for other people to be en- perate for help. We are compassionate. gram is laid out in the President’s gaged, and specifically those who want budget, and in fact it is something I be- We don’t need a memo to tell us that. to get to a solution, which is a lot of The American people want to know lieve the administration supports in people on this side of the aisle and that where we stand. Are we going to extend others. side of the aisle—both sides of the The proposal the Democrats included unemployment benefits for people who says that if you receive unemployment aisle. Let’s sit down and talk. We are have been out of work for a long time? That is the issue before this body. And insurance in the month you receive So- adults. We have been elected by mil- we have bent over backward, through cial Security, then your SSDI is re- lions of people to represent them, and JACK REED, to come up with a proposal duced by the amount of unemployment it is our responsibility, indeed our com- to pay for this, to get rid of this issue insurance received. mitment to them, we would sit down Why does that matter? It is not the across the aisle and work these things for this year. We have structural same. And it matters because the pro- out, as you would in any other rela- changes in this amendment. We have a pay-for which came from PAUL RYAN, posal the majority leader has proposed tionship—in your marriage, in your the Republican Vice Presidential can- it saves a lot less money. According to business, with your neighbors. didate this last election cycle. He is the Congressional Budget Office, my We had some discussion about this chairman of the Budget Committee. So proposal would save about $5.4 billion; yesterday, that for some reason in the I think we have done a yeoman’s job theirs, as I understand it from the dis- Senate it seems we are unable to have through JACK REED, we need to move tinguished majority leader today, will even the most basic level of discussion and debate. So I am open to that. I had on, and that is what we are going to do. save about $1 billion. If there is a proposal my friend has— So again, I appreciate his wanting to hoped to do it today. I put my ideas out and we know his expertise, but the include it, and I think it is in the same there; parts of them have been accept- ed, and I appreciate that, but, frankly, problem with his expertise is it is never spirit as the amendment I offered, but quite right. It is almost but not quite honestly we haven’t had the chance to not the way we had laid it out in my own amendment. I do believe, if we right. talk about this. I tried today to sit So the time is now to fish or cut bait. have the opportunity, if we were to down with the Democratic sponsor of And they can make all the motions back up and to actually solve this the underlying legislation, the other they want to try to complain about Senator REED, who in good faith said problem, meaning to provide what the ‘‘We didn’t offer enough amendments. he wanted to talk about it, but we President says he wants, which is a 3- We need to be more like the Senate haven’t been able to schedule that. So month extension of long-term unem- used to be.’’ Well, I know what the Sen- we have not had the discussion. So we ployment, we can sit down, roll up our ate used to be because I was a used-to- are just learning today what is again sleeves as Republicans and Democrats, be Senator, and it doesn’t work the the sort of take-it-or-leave-it proposal and come up with a better way to ad- way it used to not because of anything that is in the majority leader’s pro- dress what is a crisis in this country, we do wrong but because of the ob- posal in filling the tree. which is more long-term unemployed struction of President Obama’s agenda. There is a possibility, I think proce- people than ever in the history of our Every day it is more obstruction. durally—and the majority has ex- country. Mr. CORNYN. Madam President, pressed some interest in looking at Those people are hurting, and clearly would the Senator yield for a question? this—in taking that agreement and al- the current system isn’t working. So to Mr. REID. Of course. tering it somewhat over the next cou- just extend it is not the answer. The The PRESIDING OFFICER. The Sen- ple of days, because the cloture would answer is to allow the Senate to do its ator from Texas. not ripen, as I understand it, until job; that is, to reform these programs Mr. CORNYN. Madam President, I Monday afternoon, but that still so they work for the people we rep- ask the distinguished majority leader doesn’t give all of our other colleagues resent. whether it is the position of his caucus a chance to offer their good ideas, and The PRESIDING OFFICER. The ma- and his position personally that people there are a bunch of them out there. jority leader. ought to be able to collect unemploy- The Senator from New Hampshire of- Mr. REID. It is the same time and ment compensation and disability ben- fered hers day before yesterday, and time again. Things are never quite efits simultaneously?

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.037 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S206 CONGRESSIONAL RECORD — SENATE January 9, 2014 Mr. REID. No. And that is why JACK This bill recognizes that these bene- Mr. REID. Would my friend yield for REED’s proposal stops it. fits don’t go on forever. That is why we a question? Mr. CORNYN. I would further ask the make structural changes. We would be Mr. PORTMAN. Of course. majority leader, it is my understanding happy anytime to sit down and have a Mr. REID. Does the Senator also un- that the amendment of the distin- good discussion with the senior Sen- derstand that in the President’s budg- guished Senator from Ohio would dis- ator from Texas and anyone else to et, he calls for revenue, does he not? continue the simultaneous collection talk about things we can do. Mr. PORTMAN. Yes, he does. He calls of disability and unemployment bene- We have had a lot of programs that for major tax increases. fits. But the majority leader objects to deal with job retraining. In 1998 when Mr. REID. And my friend would also that amendment and instead is block- we did that, it wasn’t a bad deal. Here acknowledge that when Presidents sub- ing that amendment and other amend- it is all these many years later, and of mit these budgets, don’t they propose a ments by the Republican side of the course we need to sit down and talk budget rather than nitpicking different aisle by one which changes the effec- about ways to improve retraining. This pieces of the budget one at a time? tive date of the bill 1 day. In other whole country needs that. That is also Mr. PORTMAN. The Senator is cor- words, it is purely a blocker amend- something Chairman Bernanke said rect. After having put together a budg- ment, has zero substance whatsoever, today. et myself, I would say you have to and does nothing to improve the under- So I repeat, let’s start being con- stand by all those policies. And I think lying bill. structive around here, and instead of if we were to call on the Office of Man- Mr. REID. Is there a question in all talking about how terrible things are, agement and Budget or the Treasury of this? let’s talk about how things are improv- Department, they would tell you they Mr. CORNYN. Isn’t that right? ing. We have had 8 million new jobs stand by these proposals. So, yes, it is Mr. REID. Is what right? since Obama has been President. We a package, but they put them in be- Mr. CORNYN. What I just said. have a lot of good things that have cause they think they are good policy. Mr. REID. No, it is not right, because happened. Has it been perfect? Not So my point is that we have some what the amendment of the Senator even close to perfect. good ideas not related to ObamaCare, from Ohio does is hurt people who are Mr. MCCONNELL. Would the major- since that seems to be an objection by disabled. Part of JACK REED’s amend- ity leader yield for a question? the majority leader, and I hope we can ment stops people from drawing both Mr. REID. Of course. work something out. I do think there is benefits at the same time. Mr. MCCONNELL. Is it the majority an opportunity for us to do so. But I Mr. CORNYN. I would ask the distin- leader’s intent to allow votes on any don’t think we can do it unless there is guished majority leader one more ques- Republican amendments? a little bit of give-and-take and some tion. Mr. REID. On what? discussion, at least, which we have not The PRESIDING OFFICER. The ma- Mr. MCCONNELL. On the bill we jority leader. been able to have yet. were just discussing. With that, I yield for my friend from Mr. REID. I would be happy to. Mr. REID. This is Thursday. We have Indiana. The PRESIDING OFFICER. The Sen- been waiting since Monday to get a The PRESIDING OFFICER. The Sen- ator from Texas. proposal from the minority, the Repub- ator from Indiana. Mr. CORNYN. Is the majority leader licans, as to what they believe would aware there are 24 Republican amend- Mr. COATS. Madam President, I will be a good way to pay for this. be brief. I know my colleagues prob- ments on file, almost all of which deal Nothing, other than whack ably have travel plans. But this is with the underlying bill in an attempt ObamaCare. So the answer is that we something we had earnestly hoped that to either improve workforce education are where we are now. We have tried a by six of us supporting the motion to and training, provide other reforms to number of different ways on many dif- proceed, we would have the oppor- the unemployment compensation sys- ferent pieces of legislation to say, OK, tunity to offer an amendment, debate tem, or otherwise help the economy re- let’s just do germane amendments. No. that amendment, and have our col- cover so that people won’t have to de- How about relevant amendments? No. leagues vote on that amendment. pend on unemployment insurance and How about having a specific number of For the majority leader to simply they can get a job? Is the majority amendments and giving the minority say—and I quote him: I have looked at leader aware that there are those more than the majority? No, can’t do these amendments that Republicans amendments and those ideas on this that either. We want unlimited amend- have offered, and none of them are rea- side of the aisle? ments on everything. As a result of sonable. The PRESIDING OFFICER. The ma- that, we have continued obstruction Isn’t that something this body is sup- jority leader. which has taken place in this body for Mr. REID. I don’t know the exact posed to achieve by something called a 5 years. It is time we get back to legis- number, but there are always a lot of vote? Do we have one person here who lating the way we used to. runs the place and says: I will decide proposed amendments around. What I Mr. MCCONNELL. Is the answer to whether your amendment is not rea- would say is this: Rather than contin- my question, I would say to the major- sonable. And if I decide your amend- ually denigrating our economy, our ity leader, no? President, and, frankly, I believe, our Mr. REID. The answer to the Sen- ment is reasonable, along with all the country, I think we should have some ator’s question is no. other 23, then we won’t have any vote more constructive things around here. Mr. MCCONNELL. No. or debate or the ability to offer any For example, we had today a con- The PRESIDING OFFICER. The Sen- amendment whatsoever. versation for 11⁄2 hours with Chairman ator from Ohio. I thought the way we settle things Bernanke. He is going to be there until Mr. PORTMAN. Madam President, I here as to whether this body thought the first of next month. It was a very wish to make two corrections quickly something was reasonable or helpful or good discussion. He talked about the and then yield to my colleague from might correct some of the inequities vibrancy of this economy now. He said, Indiana. which have been talked about here was as we have been saying here, it is not One is that the proposal I did offer decided by a vote of 100 Senators. But as good as it should be, but with a lit- had nothing to do with ObamaCare, as it has been decided by the decision of tle bit of help, it would be on fire. Now, I thought the majority leader under- one Senator who has the power to do why isn’t it on fire? Because of the ob- stood, and others do not, including the what he is doing. But this just perpet- struction over here. amendment from the Senator from uates. As the Presiding Officer knows, the New Hampshire. So we do have a num- The majority leader said he has been new Fed chair, Chairman Yellen, has ber of amendments and a number of waiting since Monday for Republicans also said unemployment benefits are a good ideas. We had a debate. to offer a pay-for. I was down here great impetus in helping the economy. Second, it is in the President’s budg- Tuesday offering four options to pay For every $1 put into the economy in et. So if it is such a terrible proposal, for. unemployment benefits, we get $1.50 I am surprised the President would I know the majority leader doesn’t back. have proposed it. sit in the office and come to the floor

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.039 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S207 when I come down to speak or turn on Mr. REID. Sure. Mr. REID. Mr. President, in response the television, but I think his staff Mr. COATS. The majority leader just to the question of my friend, in fact would have told him: Well, Coats has said this body gets nowhere by offering what has happened—and we find this four pay-fors. amendments. Does he mean throughout with the judges—they stall for weeks, And I said: I am not asking for all this year it is worthless, meaningless months, and sometimes years. When four, Mr. Leader. You select the one for Republicans to offer any amend- the vote comes it is pretty good, but in you think best fits the thoughts and ments to any bill to try to make im- the meantime they have done signifi- ideas and values of your caucus. provements to the bills or to try to cant damage to this institution and So I put four out. The majority lead- make their voice heard or the voice of our country by stalling and making it er said we are delaying time. We have the people I represent, the people of In- so the President of the United States been waiting for nearly 2 days now for diana, heard on this floor? has a very difficult time doing his job the majority leader to make up his Mr. REID. My friend, the Senator because he doesn’t have his people mind in terms of what he wanted to do. from Indiana, is of those Senators who there when he needs them. The three of us who were listed as used to be here when the good old Mr. MCCONNELL. I ask my friend, surprise votes for the motion to pro- times were here. We didn’t have the majority leader, then is what he ceed weren’t even asked to be part of ‘‘gotcha’’ amendments. Every amend- finds offensive the fact that there are any negotiations. We were trying to ment offered, with rare exception, is a debates about these matters? Since look for a solution to the problem, ‘‘gotcha’’ amendment. That is not what none of these members are being de- come together and have something to we do here. feated, what is the issue? I am having offer to our colleagues to vote on, but I have been waiting since Monday to a hard time understanding it. Is it the we weren’t even asked to be part of get pay-fors as to how we can extend fact that there is controversy, that that. unemployment benefits for people. there is debate? Since none of them are So here we are. I am representing the They come up with stuff that doesn’t being defeated, is he also suggesting we people of Indiana. Their voice is shut even pay for 3 months’ worth of exten- have no controversy about anybody down. I don’t even have the ability to sions. Amendments are important, but sent by the President of the United offer an amendment, which my con- I think we have to go back to the time States? stituents sent me here to do. They when Senator COATS was here the first Mr. REID. Mr. President, of course didn’t send me here just to be told: Sit time and start working together to get that is a question that is a great big down and forget it; one person decides. things done in this body. softball—of course not. We need debate. So I am very disappointed. The PRESIDING OFFICER. The Sen- We need good, strong debate about With that, in the interest of time I ator from Indiana. nominations and everything else. But ask unanimous consent to call up my Mr. COATS. Madam President, this is what we don’t need is hours and days amendment No. 2611. 100 percent different from the time I and weeks and months of obstruction. The PRESIDING OFFICER. Is there was here the first time. We were able That is what we have here. objection? to offer any amendment to any bill at My friend, the Republican leader, is Mr. REID. Yes. any time and the majority leader, both picturing to everyone within the sound The PRESIDING OFFICER. Objec- Republicans and Democrats, allowed us of his voice something that doesn’t tion is heard. to do that. This is the first time I have exist. There has been obstruction that The majority leader. had the experience of not being able to has been carried to an extent that no Mr. REID. If he will just withhold— offer an amendment. one ever dreamed would happen in this and he can offer his amendment—I do I think I heard the majority leader great Republic. want to say this. We get nowhere with object, but I was not sure. Did he ob- That is what the objection is. The ob- dueling amendments. We have learned ject to my unanimous consent request? jection is to obstruction. Was it only a that in the past. Dueling amendments The PRESIDING OFFICER (Mr. debate when my Republican colleagues don’t do the trick. COONS). The objection was heard. decided the DC Circuit—some say the The issue is pronounced, it is here be- Mr. REID. I was there, just like my most important court in this country, fore us, and we went a step further. In friend. Things were different then, they even, some say, more important than the past we haven’t paid for this. Five certainly were, because we did not have the Supreme Court—when they decided times, President Bush signed bills ex- hundreds of filibusters that would take there were vacant seats there and for 5 tending unemployment benefits not place. Filibuster was something that years held up filling those seats? Is paid for. was used rarely. In those days would that a debate? No. It is obstruction. Again, we have done a good job re- you ever filibuster the Secretary of De- If we turn to the dictionary and look ducing the debt. We have a lot more we fense or all the other Cabinet officers? up ‘‘obstruction,’’ they would point can do, but we have reduced it almost Of course you would not. That is why right over here. $3 trillion already. The issue now be- action had to be taken. Mr. MCCONNELL. Will the majority fore us is are we going to extend bene- But what my Republican friends have leader yield for another question? fits for people who have been unem- to realize is that filibuster is not a Since he has conceded that no Cabi- ployed for a long time. That is the right, it is a privilege. It has been net members have been defeated prior question. We bent over backward to try abused. My friend can lecture me, and to the decision of the majority leader to come up with a compromise, a bipar- I am happy to listen to his many lec- to break the rules of the Senate to tisan piece of legislation. I repeat, it is tures, but I was here. I know how change the rules of the Senate, is it not paid for with a PAUL RYAN pay-for. things used to work and what has gone the case that 215 of President Barack There are structural changes. It is a on in the last 5 years would never have Obama’s judges have been confirmed pretty good deal. I am very dis- taken place in those days. and only 2 have been defeated? appointed we are at a point now where Mr. MCCONNELL. Will the majority Mr. REID. Mr. President, during the we have been for 5 years. Nothing is leader yield for a question? time we have been a country, and I ever quite good enough. They always Mr. REID. Yes. don’t know exactly long it has been, want more amendments. They always Mr. MCCONNELL. He brings up the more than 230 years—I can’t come up want more amendments. Secretary of Defense frequently. Was with it this second—there have been 23 But the issue is before us. Is this the Secretary of Defense defeated or district court nominees filibustered. body going to vote to extend unem- confirmed? Twenty of them have been during the 5 ployment benefits paid for with PAUL Mr. REID. No, he was only delayed years of the Obama administration, RYAN’s pay-for and with structural while we had two wars going on in this and that example is throughout the changes or are they going to turn their country. government. back on people who are desperate? Mr. MCCONNELL. Has a member of The American people know what is Mr. COATS. Madam President, may I the President’s Cabinet ever been de- taking place in this body. They can try ask the majority leader to yield for feated on a filibuster in the history of to paint over a picture that things are just one question? the Senate? just fine, all we are doing is wanting a

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.040 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S208 CONGRESSIONAL RECORD — SENATE January 9, 2014 little bit of debate. There has been majority leader is: I hear that idea. We If there were one corrupt Senator— stalling, obstruction that is untoward have heard that before. You may have and there could be and there might be and never considered. I just can’t imag- heard it before, but we have not been and there was in the past—and every ine how my Republican colleagues can allowed a vote on it. one of us got painted with that brush, justify what they have done. But they Are they so afraid of having a vote on which is what the Senator did in her do. I accept that. something such as this that the people speech, is to taint every poor child who But we have an issue before this of New Hampshire whom I represent happens to benefit from that credit. body. Again, they are trying to divert can’t get a vote on, trying to fix this Let us not go down that partisan route. attention and go to how many amend- abuse in our Tax Code, on trying to Let us support our leader and let us ments, what are the rules. The issue solve this issue pending on the floor work through the weekend to come up before this body is whether the long- and to pay for it so we do not add to with a plan. I think the majority lead- term unemployed get an extension of our $17 trillion in debt? er has one. their benefits. As we speak, there are By the way, is it so unreasonable? I I object. people all over this country who are happened to sign a letter from a Mem- The PRESIDING OFFICER. The ob- desperate to be able to get $300 a week ber of the Democratic conference who, jection is heard. The Senator from New to be able to survive for another week, after the Treasury IG report was issued Hampshire. hoping they will find a job. The sad that I am citing, was equally as con- Ms. AYOTTE. Mr. President, I would part about that—my friends say we cerned as I am about this abuse in the say, first of all, I voted in good faith, need to do something about making Tax Code, in fact, described it as im- one of six Republicans, to debate this sure these people fill these vacant jobs. proper payments and said it seemed bill to solve this problem. I cannot get There are lots of places people find reasonable to presume that unauthor- a vote. If the Senator from California work. For every job opening there are ized workers were not eligible for this objects to this amendment, then why three people unemployed trying to find tax credit and called on the Commis- don’t we vote on it? This is nothing a job. sioner of the IRS—this is a respected about protecting children—unless the I have answered the question to the Member of the Democratic conference Senator is trying to protect children best of my ability. who expressed concerns about it. That who may not exist or trying to protect The PRESIDING OFFICER. The Sen- Member said: ‘‘We need to stop these children who do not live in the United States of America. This is about pro- ator from New Hampshire. unauthorized payments immediately.’’ Mr. REID. Mr. President, my friend That was in 2011 and we cannot even tecting abuse within the Tax Code from Indiana had a consent request? get a vote on this? We can reasonably which, again—I have a letter from a Oh, I wanted my friend from Indiana to disagree, but the only way we can ex- Member of her caucus who recognized know I was not trying to object to this problem as well, based on a Treas- press those disagreements in this body, something he has a right to do. ury IG report done during this adminis- as my colleagues have said, is to be al- The PRESIDING OFFICER. The Sen- tration. This amendment is about pro- lowed to vote and to be able to rep- ator from New Hampshire. tecting the American taxpayer, and the resent our States and to get votes on Ms. AYOTTE. Mr. President, let me American taxpayer needs some protec- amendments. just say I share in the comments of my tion in this body when it comes to tax colleague from Indiana and my col- With that, I will ask unanimous con- sent to call up my amendment No. 2603. fraud. league from Ohio. The three of us voted Let me say that we need to be able to The PRESIDING OFFICER. Is there in good faith to debate this bill. I did have votes on behalf of our States and objection? so because I thought we should try to on behalf of the American people, and Mrs. BOXER. Reserving the right to debate this issue; that both sides, if if we disagree, let’s vote them down. I they had an idea about how to pay for object. The PRESIDING OFFICER. The Sen- don’t see what the issue is unless they this in a responsible way, we should are worried it is going to pass because bring it forward. When I hear the ma- ator from California. Mrs. BOXER. Mr. President, talk it just makes too much sense. jority leader say I have been waiting I have a parliamentary inquiry. Is it about fiddling while Rome burns. If since Monday, I filed an amendment on correct that no Senator is permitted to you are one of the 1.3 million people in Tuesday. That amendment is straight- offer an amendment to the unemploy- this country, 222,000 in my State, forward. That amendment is one that ment insurance bill while the majority whose house is burning down because would fix fraud in our Tax Code that leader’s motion to commit with in- came to light in 2011 in a Treasury IG they are going to lose the safety net of structions with further amendments is report. What it would simply require is $300 a week to feed their family, to pending? those who seek the additional child tax take care of their kids, to heat their The PRESIDING OFFICER. The Sen- credit to file a Social Security number homes, and my colleague talks about ator is correct. just like those who seek the earned-in- letters? I will tell you about a letter I Ms. AYOTTE. I have a further par- come tax credit in this country. got from a woman who sets her ther- liamentary inquiry. If a motion to Why is that? Because the investiga- mostat at 55 degrees and she has a 2- table the Reid motion to commit with tions of this tax refund people receive year-old and a 1-year-old, and all they a further amendment is successful, found they were claiming it for people do on that side is complain that their would there still be Reid amendments who, No. 1, were basically not author- amendments, they are so important—24 pending that would prevent me from ized to work in this country but were of them. They know they are all par- offering my amendment or any of my claiming it and, second, for children tisan. colleagues from offering their amend- who may not even exist. Investigations We are trying to work on a bipar- ments which would pay for this and im- found that for children who do not even tisan solution. Somebody explain to me prove it and try to address the prob- live in this country. So a commonsense why the Republicans never objected to lems we are supposed to be debating on amendment that—by the way, would it extending unemployment so many this floor? pay for it? It would pay for 3 months of times when George W. Bush was Presi- The PRESIDING OFFICER. The Sen- unemployment insurance for American dent. Not a one. It was fine. ator is correct. workers and for this issue we have be- So do we make economic policy by Ms. AYOTTE. I have an important fore this Chamber. It would pay for it who is in the White House or by the amendment, and that amendment to fix the military retirement cuts to needs of our people? would fix the abuse within the Tax the COLAs—that also impacted our This idea of going after children is Code that has been identified by a wounded warriors—that were done in one of the worst ideas I have ever Treasury IG report and subsequent in- the most recent budget that were un- heard, and I am shocked. I am shocked. vestigations. My amendment would fair, that Members of both sides of the You are going to hurt children. You are pay for this 3-month unemployment ex- aisle have come together to say we going to take food out of their mouths. tension for American workers—those should fix and agree it is unfair. It is outrageous. If there are abuses, I who are struggling to find work. It is What else would it do? It would re- say to my friend, put those people in an amendment that would fix the un- duce the deficit. What I hear from the jail. fair cuts to our military retirees and

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.042 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S209 wounded warriors. I am concerned The PRESIDING OFFICER. The The question is on agreeing to the about the $17 trillion in debt and what question is on agreeing to the motion. motion. it will do to the future of our children Mr. MCCONNELL. I ask for the yeas Mr. SCOTT. Mr. President, I ask for and this country, and this amendment and nays. the yeas and nays. would reduce the deficit as well. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a I would ask for a vote on my amend- sufficient second? There appears to be sufficient second? ment, amendment No. 2603, but in a sufficient second. There is a sufficient second. order for the Senate to consider my im- The clerk will call the roll. The clerk will call the roll. portant amendment and amendments The assistant legislative clerk called The assistant bill clerk called the that my colleagues have talked about— the roll. roll. and I hope amendments on the other Mr. DURBIN. I announce that the Mr. DURBIN. I announce that the side that we should be voting on—I Senator from Pennsylvania (Mr. Senator from California (Mrs. BOXER) move to table the pending Reid motion CASEY) and the Senator from California and the Senator from Pennsylvania to commit with instructions, and I ask (Mrs. BOXER) are necessarily absent. (Mr. CASEY) are necessarily absent. for the yeas and nays. Mr. CORNYN. The following Senators Mr. CORNYN. The following Senators The PRESIDING OFFICER. Is there a are necessarily absent: the Senator are necessarily absent: the Senator sufficient second? There appears to be from Oklahoma (Mr. COBURN), the Sen- from Oklahoma (Mr. COBURN), the Sen- a sufficient second. ator from Oklahoma (Mr. INHOFE), the ator from Oklahoma (Mr. INHOFE), the The question is on agreeing to the Senator from Kansas (Mr. MORAN), and Senator from Kansas (Mr. MORAN), and motion. the Senator from Kentucky (Mr. PAUL). the Senator from Kentucky (Mr. PAUL). The yeas and nays have been ordered. The PRESIDING OFFICER (Mr. MAR- The PRESIDING OFFICER. Are there The clerk will call the roll. KEY). Are there any other Senators in any other Senators in the Chamber de- The legislative clerk called the roll. the Chamber desiring to vote? siring to vote? The PRESIDING OFFICER. Are there The result was announced—yeas 53, The result was announced—yeas 54, any other Senators in the Chamber de- nays 41, as follows: nays 40, as follows: siring to vote? [Rollcall Vote No. 4 Leg.] [Rollcall Vote No. 5 Ex.] Mr. DURBIN. I announce that the YEAS—54 Senator from Pennsylvania (Mr. YEAS—53 Baldwin Heinrich Murray Baldwin Heinrich Nelson CASEY) is necessarily absent. Baucus Heitkamp Nelson Baucus Heitkamp Pryor Mr. CORNYN. The following Senators Begich Hirono Pryor Begich Hirono Reed Bennet Johnson (SD) Reed are necessarily absent: the Senator Bennet Johnson (SD) Reid Blumenthal Kaine Reid from Oklahoma (Mr. COBURN), the Sen- Blumenthal Kaine Rockefeller Booker King Rockefeller Booker King ator from Kansas (Mr. MORAN), and the Sanders Brown Klobuchar Sanders Brown Klobuchar Senator from Kentucky (Mr. PAUL). Schatz Cantwell Landrieu Schatz Cantwell Landrieu Schumer Cardin Leahy Schumer The result was announced—yeas 42, Cardin Leahy Shaheen Carper Levin Shaheen nays 54, as follows: Carper Levin Stabenow Coons Manchin Stabenow Coons Manchin [Rollcall Vote No. 3 Leg.] Tester Donnelly Markey Tester Donnelly Markey Durbin McCaskill Udall (CO) YEAS—42 Durbin McCaskill Udall (CO) Feinstein Menendez Udall (NM) Alexander Enzi McCain Feinstein Menendez Udall (NM) Franken Merkley Warner Ayotte Fischer McConnell Franken Merkley Warner Gillibrand Mikulski Warren Barrasso Flake Murkowski Gillibrand Mikulski Warren Hagan Murkowski Whitehouse Blunt Graham Portman Hagan Murphy Whitehouse Harkin Murphy Wyden Boozman Grassley Risch Harkin Murray Wyden Burr Hatch Roberts NAYS—40 Chambliss Hoeven Rubio NAYS—41 Alexander Enzi McConnell Coats Inhofe Scott Alexander Enzi McConnell Ayotte Fischer Portman Cochran Isakson Sessions Ayotte Fischer Murkowski Barrasso Flake Collins Johanns Shelby Barrasso Flake Risch Portman Blunt Graham Corker Johnson (WI) Thune Blunt Graham Roberts Risch Boozman Grassley Cornyn Kirk Toomey Boozman Grassley Rubio Roberts Burr Hatch Crapo Lee Vitter Burr Hatch Scott Rubio Chambliss Heller Cruz Manchin Wicker Chambliss Heller Sessions Scott Coats Hoeven Coats Hoeven Shelby Sessions Cochran Isakson NAYS—54 Cochran Isakson Thune Shelby Collins Johanns Baldwin Harkin Murray Collins Johanns Toomey Thune Corker Johnson (WI) Baucus Heinrich Nelson Corker Johnson (WI) Vitter Toomey Cornyn Kirk Begich Heitkamp Pryor Cornyn Kirk Crapo Lee Wicker Bennet Heller Reed Crapo Lee Vitter Cruz McCain Blumenthal Hirono Reid Cruz McCain Wicker Booker Johnson (SD) Rockefeller NOT VOTING—6 Boxer Kaine Sanders NOT VOTING—6 Boxer Coburn Moran Brown King Schatz Boxer Coburn Moran Casey Inhofe Paul Cantwell Klobuchar Schumer Casey Inhofe Paul Cardin Landrieu Shaheen The motion was agreed to. The motion was agreed to. Carper Leahy Stabenow The PRESIDING OFFICER. The ma- Coons Levin Tester Mr. PRYOR. Mr. President, I move to jority leader. Donnelly Markey Udall (CO) reconsider the vote. Durbin McCaskill Udall (NM) Mr. REID. This will be the last vote Mr. LEVIN. Mr. President, I move to Feinstein Menendez Warner today. The next vote will be Monday, Franken Merkley Warren lay that motion upon the table. January 13, 2014, at 5:30 p.m. Gillibrand Mikulski Whitehouse The motion to lay upon the table was Hagan Murphy Wyden agreed to. f NOT VOTING—4 The PRESIDING OFFICER. The ma- CLOTURE MOTION Casey Moran jority leader. Coburn Paul The PRESIDING OFFICER. Under f the previous order, pursuant to rule The motion was rejected. EXECUTIVE SESSION XXII, the Chair lays before the Senate NOMINATION OF ROBERT LEON WILKINS TO BE the pending cloture motion. U.S. CIRCUIT JUDGE FOR THE DISTRICT OF CO- Mr. REID. Mr. President, I move to CLOTURE MOTION LUMBIA—MOTION TO PROCEED reconsider the vote by which cloture Mr. REID. I now move to proceed to was not invoked on the Wilkins nomi- We, the undersigned Senators, in accord- the motion to reconsider the vote by nation. ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move which cloture was not invoked on the I ask unanimous consent that the to bring to a close debate on the nomination nomination of Robert Leon Wilkins to next votes be 10 minutes in duration. of Robert Leon Wilkins, of the District of Co- be a U.S. Circuit Judge for the District The PRESIDING OFFICER. Without lumbia, to be United States Circuit Judge for of Columbia. objection, it is so ordered. the District of Columbia Circuit.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.043 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S210 CONGRESSIONAL RECORD — SENATE January 9, 2014 Harry Reid, Patrick J. Leahy, Tom NOMINATION OF ROBERT LEON unanimous consent to include a list of Udall, Mark Begich, Brian Schatz, Al WILKINS TO BE UNITED STATES support in the RECORD. Franken, Barbara Boxer, Richard J. CIRCUIT JUDGE FOR THE DIS- I urge my fellow senators to end the Durbin, Christopher A. Coons, Tammy TRICT OF COLUMBIA CIRCUIT filibuster on this outstanding nominee. Baldwin, Debbie Stabenow, Benjamin This Nation will be better off with L. Cardin, Sheldon Whitehouse, Patty The PRESIDING OFFICER. The Murray, Barbara A. Mikulski, Kirsten clerk will report the nomination. Judge Robert Wilkins serving on the E. Gillibrand, Tom Harkin. The assistant bill clerk read the DC Circuit. I would also note that on December The PRESIDING OFFICER. By unan- nomination of Robert Leon Wilkins, of the District of Columbia, to be United 31, 2013, before the new year, Chief Jus- imous consent, the mandatory quorum tice Roberts once again issued his an- call has been waived. States Circuit Judge for the District of Columbia Circuit. nual year-end report on the Federal ju- The question is, Is it the sense of the diciary. In this report, he focused on Senate that debate on the nomination Mr. LEAHY. Mr. President, as we begin 2014, I hope we can set aside our the significant financial strain on our of Robert Leon Wilkins, of the District Federal courts. The cuts from seques- of Columbia, to be United States Cir- differences and do what is best for this country by confirming qualified nomi- tration have had a real impact for cuit Judge for the District of Columbia Americans seeking justice and pose Circuit, shall be brought to a close? nees to fill critical vacancies facing our Federal judiciary. We can do this real threats to the dedicated public The yeas and nays are mandatory servants who work in our Nation’s Fed- under the rule. today by voting to end the filibuster of Judge Robert Wilkins, who has been eral courts as well as to members of The clerk will call the roll. the public. I hope that we can return to The bill clerk called the roll. nominated to serve on the U.S. Court regular order in our appropriations Mr. HATCH (when his name was of Appeals for the DC Circuit. Judge process and ensure that our courts called). ‘‘Present.’’ Wilkins was nominated last June, and it is time that he received an up-or- have the resources they require. As the Mr. DURBIN. I announce that the down vote on his nomination. Last Chief noted, the Federal Judiciary’s en- Senator from California (Mrs. BOXER) month, before we adjourned the Sen- tire budget ‘‘consumes only the tiniest and the Senator from Pennsylvania ate, we were able to confirm two other sliver of Federal revenues, just two- (Mr. CASEY) are necessarily absent. exceptional nominees to this court— tenths of 1 percent of the Federal gov- Mr. CORNYN. The following Senators Patricia Millett and Nina Pillard. Once ernment’s total outlays.’’ We receive are necessarily absent: the Senator Judge Wilkins is confirmed, the DC the benefit of the greatest judicial sys- from Oklahoma (Mr. COBURN), the Sen- Circuit, which is often considered to be tem in the world for less than 1 percent ator from Oklahoma (Mr. INHOFE), the the second most important court in the of our entire Federal budget. It makes Senator from Kansas (Mr. MORAN), and Nation, will finally be operating at full no sense to indiscriminately cut serv- the Senator from Kentucky (Mr. PAUL). strength. The American people deserve ices from our independent Federal judi- The PRESIDING OFFICER. Are there no less. ciary. There are better and smarter any other Senators in the Chamber de- Judge Wilkins is an outstanding ways to save taxpayer dollars. siring to vote? nominee. He was unanimously con- Another threat facing our courts The yeas and nays resulted—yeas 55, firmed to the U.S. District Court for which is unaddressed in the Chief’s nays 38, as follows: the District of Columbia less than 3 year-end report are the continuing va- [Rollcall Vote No. 6 Ex.] years ago. He has presided over hun- cancies experienced by the Federal YEAS—55 dreds of cases and issued significant de- courts. Over the last year, the number Baldwin Heinrich Nelson cisions in various areas of the law, in- of vacancies has hovered around 90 be- Baucus Heitkamp Pryor cluding in the fields of administrative cause obstruction in Congress has led Begich Hirono Reed to filibuster after filibuster of qualified Bennet Johnson (SD) and constitutional law. Prior to serv- Reid nominees. And the unfortunate action Blumenthal Kaine Rockefeller ing on the bench, he was a partner for Booker King Sanders nearly 10 years in private practice and taken by Republicans at the end of the Brown Klobuchar Schatz served more than 10 years as a public first session of this Congress will only Cantwell Landrieu Schumer Cardin Leahy defender in the District of Columbia. mean further delay in filling these va- Shaheen Carper Levin During his time at the Public De- cancies—Republicans, for the first time Stabenow Collins Manchin Tester fender Service, Judge Wilkins served as ever, refused to allow any currently Coons Markey the lead plaintiff in a racial profiling pending judicial nominees to be held Donnelly McCaskill Udall (CO) Durbin Menendez Udall (NM) case, which arose out of an incident in over so that they could be ready for Feinstein Merkley Warner which he and three family members immediate action this year. For purely Franken Mikulski Warren were stopped and detained while re- political reasons, Senate Republicans Gillibrand Murkowski Whitehouse Hagan Murphy Wyden turning from a funeral in Chicago. This are forcing us to duplicate work this Harkin Murray lawsuit led to landmark settlements year that we already completed in 2013. In the jurisdiction of the Senate Judi- NAYS—38 that required systematic statewide compilation and publication of high- ciary Committee alone, more than 65 Alexander Enzi McConnell judicial and executive nominees were Ayotte Fischer Portman way traffic stop-and-search data by Barrasso Flake Risch race. These settlements inspired an Ex- returned to the President and had to be Blunt Graham Roberts ecutive order by President Clinton, leg- renominated this week. It is a waste of Boozman Grassley Rubio islation in the House and Senate, and taxpayer dollars and valuable resources Burr Heller Scott legislation in at least 28 States prohib- that could be spent addressing the dif- Chambliss Hoeven Sessions Coats Isakson Shelby iting racial profiling or requiring data ficult issues facing our Nation. We Cochran Johanns Thune collection. must not take for granted that we have Corker Johnson (WI) Toomey Cornyn Kirk Despite the progress made in the past the greatest justice system in the Vitter Crapo Lee several decades, the struggle to diver- world, and ensuring this continues re- Cruz McCain Wicker sify our Federal bench continues. If quires the Senate to fulfill its constitu- ANSWERED ‘‘PRESENT’’—1 confirmed, Judge Wilkins would be tional duty of advice and consent. Fortunately, due to the procedural Hatch only the sixth African American to have ever served on the DC Circuit. posture of the nomination from last NOT VOTING—6 Judge Wilkins earned the ABA’s year, we did not have to send the nomi- Boxer Coburn Moran highest possible rating of unanimously nation of Robert Wilkins to the U.S. Casey Inhofe Paul ‘‘well qualified.’’ He also has the sup- Court of Appeals for the DC Circuit The PRESIDING OFFICER. On this port of the National Bar Association, back to the President for renomina- vote, the yeas are 55, the nays are 38, the Nation’s largest professional asso- tion. I thank the majority leader for and one Senator responded ‘‘Present.’’ ciation of African American lawyers prioritizing this nomination in the Upon reconsideration, the motion is and judges, as well as several other first week of the second session of this agreed to. prominent legal organizations. I ask Congress. I hope my fellow Senators

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.046 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S211 will join me today to end the filibuster 90 days. It is something we should do One final point. This is a crisis of the of the nomination of this good man to seriously but for as long as possible. So moment. I know some of my colleagues serve on this important court. our provision would be able to carry are talking about an issue—the issue of VOTE EXPLANATION these benefits through to the middle of military pensions—that doesn’t become ∑ Mrs. BOXER. Mr. President, I was November, and it required finding off- effective, as I understand it, until 2015. unable to attend the roll call vote on sets. There are other ways to deal with it. the motion to invoke cloture on the The other thing we have heard from But that is a fair position to advance nomination of Robert Wilkins to be our Republican colleagues is that we at any time, and I have great sym- U.S. Circuit Judge for the D.C. Circuit. shouldn’t use any revenue—no tax pro- pathy for that position. Had I been present for this vote and the visions. In the Democratic caucus we I would hate to see other issues, sys- two related procedural votes, I would have seen this extension of extended tematic reform of our training pro- have voted aye.∑ unemployment insurance benefits grams—which takes time, effort, and The PRESIDING OFFICER. The Sen- come up so many times under Repub- focused attention by committees typi- ator from Michigan. lican Presidents and Democratic Presi- cally—essentially prevent a response to Mr. LEVIN. Mr. President, I ask dents completely unpaid for. But also the immediate crisis of people who are unanimous consent that I be recog- in terms of seriously and thoughtfully without jobs, who are desperately look- nized to proceed as though in morning balancing the way we pay for provi- ing, and now don’t have very modest business for 15 minutes, but prior to sions, we have many times suggested, support to pay for their rent, pay for that I be able to yield to Senator REED which I think is common sense, let’s their heat, and provide some support of Rhode Island for 5 minutes and that have a mix of revenue and other provi- for their families. not be counted against my time; and sions—spending provisions. Let’s do We are still engaged. We will have a that I then be recognized after he is that; 50–50 or some fair combination. In vote Monday. I hope we can succeed on done. fact, I think the American people that procedural vote. Regardless, we The PRESIDING OFFICER. Is there would see that as the most sensible ap- are going to come back and back, be- objection? proach to doing the work of govern- cause this number of Americans—grow- ing each week by approximately Without objection, the Senator from ment. But once again we yielded to the 70,000—needs our response, not just our Michigan is recognized and yields to perceptions and the demands, in some the Senator from Rhode Island. comments on the floor of the Senate. respects, that there be no revenue pro- I yield back. UNEMPLOYMENT INSURANCE visions in this bill. The PRESIDING OFFICER. The Sen- Mr. REED. Mr. President, I wish to As a result, we had to look for a se- ator from Michigan. thank the Senator from Michigan, my ries of pay-fors that didn’t involve rev- IRAQ chairman of the Armed Services Com- enues. That was a deliberate attempt Mr. LEVIN. Mr. President, the cur- mittee, and I simply wish to make a to reach across and to say: We hear rent situation in Iraq is deeply dis- few comments about this afternoon’s you. You want it fully paid for, you turbing. The violence there is a human proceedings with respect to unemploy- want no spending, and you want provi- tragedy, and the resurgence of Al ment insurance. The reason we were sions that will not involve revenue. So Qaeda-affiliated forces in Fallujah and here, and we can’t lose sight of that, is we proposed a major provision—an ex- elsewhere represents a threat not just that 1.3 million Americans, as of De- tension of the mandatory sequestra- to the people of Iraq but to our own se- cember 28, lost their extended unem- tion—that was included in the budget curity and that of our friends and allies ployment benefits. They are without agreement and that had overwhelming in the region. So I very much share in the modest support of roughly $300 to support in the Senate—for a bit over an concerns many of us have expressed $350 a week. Every week, 73,000 more additional year, which gained us, about recent developments in Iraq. Americans lose this support. We are roughly—and these are rough figures— The United States has announced it going to see this number grow and about $17 billion. will expedite military assistance, in- grow and grow and grow while we talk Then we took one of the provisions cluding delivery of unmanned aerial and talk and talk and talk. that was offered by my colleague Sen- vehicles and HELLFIRE missiles. That Along with Senator HELLER, we pro- ator PORTMAN, who has been working is appropriate. The administration has posed a very straightforward mecha- very assiduously and very thoughtfully stepped up intelligence sharing to help nism: a 90 day extension and picking up on these issues, with respect to the Iraq security forces in their fight. That retroactively those who had lost it, un- double collection of both SSDI benefits is appropriate. The administration is paid for, so we could work on some of and unemployment compensation bene- holding ongoing conversations with the difficult issues my colleagues have fits and we tried to focus it and make Iraq about other ways in which the all explored this afternoon. it narrower, and that resulted in $1 bil- United States might assist, and that is In listening to my colleagues, we lion, giving us sufficient funds to carry appropriate. made the determination there was a this program through—if we voted One form that assistance might take sincere concern and desire on the part today, starting as soon as the House is in the sale of weapons such as attack of my Republican colleagues particu- passed it—all the way to the middle of helicopters to Iraq. The issue is not larly that any extension of benefits be November. That is where we are today. whether such aircraft would help Iraq paid for. Most frequently, we don’t pay We still are open to alternatives to fight violent extremists; they would. for these benefits. We have on occasion, try to deal with this issue. I know The question is whether the Maliki but most times we consider it emer- many of my colleagues on the Demo- government would use those aircraft, gency spending. We go ahead and au- cratic side have a long list of revenue for instance, only against violent ex- thorize the payments and we don’t off- provisions. In fact, Chairman LEVIN tremists, and whether we receive cred- set it. But the concern was raised re- has, through his work, a list of what ible assurances that such weapons will peatedly and very strenuously that many would call—many Americans— be used to target Iraq’s real enemies these benefits should be paid for. Also, egregious loopholes that corporations and not to further sectarian political there were several proposals to do that. enjoy. But certainly there are other objectives. With credible assurances, it So working closely with my col- ways to pay for this. But we are still would be appropriate to provide Iraq leagues, we considered the best ap- trying to work through this. such assistance. proach for it was not simply to bring We are still trying to find a bipar- What it is wrong to do is to blame up the Reed-Heller bill, the 90 day ex- tisan approach to deal with the issue of the Obama administration for the po- tension, but to respond as best we the moment, the crisis of the moment, litical failures of Iraqi leaders. Blam- could to these concerns. So the provi- and that is 1.4 million Americans ing the administration for failures and sion we brought up today is fully off- today—and that number is growing— decisions by the Iraqi Government ig- set, but it goes beyond 90 days because who worked hard and through no fault nores not only history, it also leads to the simple logic was that going of their own lost their job and who are policy approaches that would not be in through the travail of finding pay-fors now struggling to get by with a modest our interest or in the interests of the is not something we want to do every $300 or $350 a week. Iraqi people.

VerDate Mar 15 2010 04:09 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.022 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S212 CONGRESSIONAL RECORD — SENATE January 9, 2014 For example, here is what Senator Sen. Levin: And why is that? expressing our concern about deterio- MCCAIN and Senator GRAHAM said re- Gen. Dempsey: Because the—of the many rating conditions in Iraq. cently: institutions in Iraq that are still evolving I ask unanimous consent that our Oc- and immature. The Iraqi judicial system is tober 29, 2013, letter be printed in the When President Obama withdrew all U.S. certainly among those. And we did not be- forces from Iraq in 2011, over the objections lieve it was—it was appropriate, prudent to RECORD. of our military leaders and commanders on leave service men and women without judi- There being no objection, the mate- the ground, many of us predicted that the cial protections in a country that still had rial was ordered to be printed in the vacuum would be filled by America’s en- the challenge, as we know it has, and a very RECORD, as follows: emies and would emerge as a threat to U.S. immature judicial system. national security interests. Sadly, that re- U.S. SENATE, ality is now clearer than ever. Later in that same hearing, I asked Washington, DC, October 29, 2013. General Dempsey if our commanders Hon. BARACK OBAMA, That argument ignores some impor- President of the United States, tant history. First, it ignores the fact on the ground in Iraq shared that opin- ion. He responded: The White House, Washington, DC. that the 2011 withdrawal date for U.S. DEAR PRESIDENT OBAMA: We are deeply forces in Iraq was not set by President It was the topic of many secure video tele- concerned about the deteriorating situation Obama but by President Bush. In De- conferences and engagements person to per- in Iraq. As Iraqi Prime Minister Nouri al- son. . . . I can state that they also believed cember of 2008, just before he left of- Maliki visits Washington this week, we urge we needed the protections, both General Aus- you to press him to formulate a comprehen- fice, President Bush signed an agree- tin and General Mattis, in order to leave our ment with the Iraqi Government that sive political and security strategy that can troops there. stabilize the country, enable Iraq to realize called for withdrawal of U.S. troops Before our committee in February of its vast potential, and help to safeguard our from Iraqi cities in 2009, and the com- 2013, General Austin, our commander nation’s enduring national security interests plete withdrawal of U.S. forces by the on the ground in Iraq during the 2011 in Iraq. end of 2011. President Bush himself, negotiations, testified that there were By nearly every indicator, security condi- standing next to Prime Minister extensive discussions with Iraq about a tions in Iraq have dramatically worsened Maliki in Baghdad as they announced over the past two years. Al-Qaeda in Iraq has continuing U.S. troop presence. He tes- returned with a vengeance: It has regen- their agreement, said, ‘‘The agreement tified: lays out a framework for the with- erated the manpower, terrorist infrastruc- We worked with the Iraqi leadership all the ture, resources, and safe havens to sustain drawal of American forces in Iraq.’’ So way up until the point in time when they de- and increase the tempo and intensity of at- the 2011 withdrawal date was set by cided they weren’t going to be able to give us tacks and to penetrate deeper into all parts President Bush, not by President the protections that we needed to keep our of Iraq than at any time in recent years. In- Obama. troops there. deed, an analysis this month by the Wash- As to whether our military com- As Secretary Panetta put it before ington Institute for Near East Policy found, manders objected to our withdrawal our committee, the key moment in the ‘‘In 2010, the low point for the al-Qaeda effort in Iraq, car bombings declined to an average from Iraq, here is what happened: negotiations was ‘‘once [the Iraqis] While there was no mention from of 10 a month and multiple location attacks made the decision that they were not occurred only two or three times a year. In President Bush or Prime Minister going to provide any immunities for 2013, so far there has been an average of 68 Maliki when they announced their any level of force that we would have car bombings a month and a multiple-loca- agreement of a U.S. troop presence there.’’ tion strike every 10 days.’’ The United Na- after 2011, Secretary Gates and others So our military leaders were very tions estimates that more than 7,000 civil- discussed the possibility of some U.S. much unwilling to leave any U.S. ians have been killed in Iraq thus far this forces remaining in Iraq after 2011. forces on the ground in Iraq if they year—a level of violence not seen since the worst days of 2008. Then, during 2011, the Obama adminis- could be subjected to the vicissitudes tration entered into negotiations with What’s worse, the deteriorating conflict in of the Iraqi judicial system. It is there- Syria has enabled al-Qaeda in Iraq to trans- the Iraqi Government with the goal of fore wrong to say that the withdrawal form into the larger and more lethal Islamic keeping some U.S. troops, in limited took place ‘‘over the objections of our State of Iraq and al-Sham (ISIS), which now roles, in Iraq to assist Iraqi security military leaders.’’ It was Iraq’s refusal has a major base for operations spanning forces after the 2011 withdrawal date to grant important legal protections to both Iraq and Syria. As the situation in both set by President Bush. I and many our troops that decided the matter. countries grows worse, and as ISIS gathers other Members of Congress supported This criticism of the administra- strength, we are deeply concerned that Al- Qaeda could use its new safe haven in Iraq the idea of continuing a smaller, spe- tion’s Iraq policy also understates the cialized U.S. military assistance force. and Syria to launch attacks against U.S. in- importance of factors that have come terests and those of our friends and allies. While there was disagreement in the to the forefront since the 2011 with- Unfortunately, Prime Minister Maliki’s administration over the size of a resid- drawal. Foremost among these has mismanagement of Iraqi politics is contrib- ual force, what decided the issue wasn’t been an Iraqi Government that has re- uting to the recent surge of violence. By too how many troops would remain; rather, peatedly pursued a sectarian agenda, often pursuing a sectarian and authoritarian it was the Iraqi Government’s refusal disenfranchised Sunni Iraqis, failed to agenda, Prime Minister Maliki and his allies to agree to legal protections for U.S. address Kurdish concerns over the sta- are disenfranchising Sunni Iraqis, marginalizing Kurdish Iraqis, and alienating troops, whatever their number. In the tus of Kirkuk and the hydrocarbons absence of such protections, it was the the many Shia Iraqis who have a democratic, law, and alienated moderate Shia inclusive, and pluralistic vision for their opinion of the military leaders that no Iraqis who seek a more democratic and country. This failure of governance is driv- U.S. forces should remain in Iraq, re- inclusive government. Prime Minister ing many Sunni Iraqis into the arms of Al- gardless of whether the number was Maliki’s governance shortfalls has Qaeda in Iraq and fueling the rise of vio- 3,500 or 20,000. stoked the sectarian tensions on which lence, which in turn is radicalizing Shia At a November 2011 Armed Services Al Qaeda and other extremist groups Iraqi communities and leading many Shia Committee hearing, I asked General try to capitalize. militant groups to remobilize. These were Dempsey, then Chairman of the Joint Many Members of Congress have the same conditions that drove Iraq toward civil war during the last decade, and we fear Chiefs of Staff, about the importance of made clear that it is extremely dif- legal protections for our troops as part that fate could befall Iraq once again. ficult to support more robust assist- We therefore urge you to take the fol- of any agreement to keep troops in ance to the Iraqi Government unless lowing steps as Prime Minister Maliki visits Iraq after 2011. This is what the ques- the Iraqi leadership places the good of Washington: tions and answers were: their country ahead of sectarian poli- First, we believe the Prime Minister’s visit Sen. Levin: Are you willing to have those tics and unless it produces a practical is an important opportunity to reengage forces remain without an agreement relative strategy for governing Iraq on a more with the American people about the con- to immunity for those troops? inclusive and less sectarian basis. tinuing strategic importance of Iraq. Though Gen. Dempsey: No, sir, I am not. . . . It the war in Iraq is over, Americans need to was the recommendation, advice and strong For example, last October, I joined understand that the United States has an en- belief of the Joint Chiefs that we should not five colleagues—Senators MCCAIN, during national security interest in the de- leave service men and women there without MENENDEZ, CORKER, INHOFE, and GRA- velopment of a sovereign, stable, and demo- protections. HAM—in writing to President Obama, cratic Iraq that can secure its own citizens

VerDate Mar 15 2010 04:09 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.050 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S213 and territory, sustain its own economic numbers of Sunnis as terrorists, no amount Mr. SESSIONS. Mr. President, I ask growth, resolve its own internal disputes of security assistance will be able to bring unanimous consent that when I con- through inclusive and pluralistic politics, stability and security to Iraq. That is not a clude my remarks, Senator MURKOWSKI and cooperate as a strategic partner of the legacy we want for Prime Minister Maliki, of Alaska be recognized. United States—a vision of our relationship and that is not an outcome that would serve that was best expressed in the 2008 Strategic America’s national interests. The PRESIDING OFFICER. Without Framework Agreement. Sincerely, objection, it is so ordered. Second, we urge you to make clear to CARL LEVIN. Mr. SESSIONS. Mr. President, I have Prime Minister Maliki that the extent of JOHN MCCAIN. been honored to serve with Senator Iran’s malign influence in the Iraqi govern- ROBERT MENENDEZ. LEVIN on the Armed Services Com- ment is a serious problem in our bilateral re- BOB CORKER. lationship, especially for the Congress. Pub- JAMES M. INHOFE. mittee. He does an excellent job. He lished reports demonstrate that the Iranian LINDSEY GRAHAM. has spent a lot of time and many hours regime uses Iraqi airspace to transit mili- working to try to help us be successful tary assistance into Syria to support Assad Mr. LEVIN. In our letter, written as Prime Minister Malaki was visiting in Iraq and other areas of national de- and his forces. Furthermore, attacks against fense. the residents of Camp Ashraf in Iraq are rep- Washington, we supported an increase rehensible, especially because the Iraqi gov- in support for Iraq’s counterterrorism I think Generals Dempsey and Austin ernment pledged to protect these people. efforts. But we made clear that the were right to say we could not keep our Prime Minister Maliki must understand that Iraqi Government must provide a prac- troops there unless they had immunity actions such as these need to stop. Not only tical plan for using such aid and pro- from local prosecutions. But as I recall do they make it difficult for Iraq’s friends in vide assurances relative to whom ad- the net feeling about the President’s the United States to build public support, es- decision to withdraw from continued pecially in the Congress, to enhance our vanced weapons would be used against. strategic partnership, but they also under- We wrote President Obama as follows: negotiations on this contentious issue, mine Iraq’s standing as a responsible mem- It is in our national security interest to the military felt this was not wise—at ber of the international community. enhance the effectiveness of Iraq’s security least many of them did—and they be- Third, we encourage you to step up our forces, especially through greater intel- lieved that had we continued to pursue counterterrorism support for Iraq. It is in ligence sharing. However . . . we must see negotiations, we may have been able to our national security interest to enhance the more evidence from Prime Minister Maliki reach the kind of agreement which effectiveness of Iraq’s security forces, espe- that U.S. security assistance and arms sales would allow us to help the Iraqi Gov- cially through greater intelligence sharing. are part of a comprehensive Iraqi strategy ernment be stable and successful. Pull- However, in addition to our aforementioned that addresses the political sources of the concerns, we must see more evidence from current violence and seeks to bring lasting ing out as we did always seemed to me Prime Minister Maliki that U.S. security as- peace to the country. to be too rapid, too precipitous, and created dangers which could place at sistance and arms sales are part of a com- We further wrote: prehensive Iraqi strategy that addresses the risk that which our soldiers fought and political sources of the current violence and This leads us to the final and most impor- died for. I do believe that is what hap- tant point that we urge you to stress with seeks to bring lasting peace to the country. pened. It is a tragic thing. This leads us to the final and most impor- Prime Minister Maliki: If he devises and im- tant point that we urge you to stress with plements a real governance strategy for Iraq, I was in Falluja, not long after that Prime Minister Maliki: If he devises and im- the United States is ready to provide the ap- bitter battle. We had hundreds wound- plements a real governance strategy for Iraq, propriate support to help that strategy suc- ed and almost 100 killed. The Marines the United States is ready to provide the ap- ceed. performed with such valor and courage. propriate support to help that strategy suc- And: It was one of the great, courageous per- ceed. Iraq’s challenges will never be solved If Prime Minister Maliki continues to formances of the U.S. Marine Corps. It through security operations alone. Indeed, as marginalize the Kurds, alienate many Shia, is sad, sad to me to see that today Al the United States learned through its own and treat large numbers of Sunnis as terror- hard experience in Iraq, applying security so- Qaeda is flying its flag in parts of that ists, no amount of security assistance will be lutions to political problems will only make city. It is a tragedy. It did not main- able to bring stability and security to Iraq. those problems worse. tain the faith that we ought to have It is essential that you urge Prime Min- It is a tragedy for the Iraqi people maintained with those that we in Con- ister Maliki to adopt a strategy to address and a real security concern for the gress directed to go out and fight this Iraq’s serious problems of governance. Such United States that Prime Minister war and to be successful. Maybe yet a strategy should unite Iraqis of every sect Maliki has yet to produce a strategy something can be done successfully to and ethnicity in a reformed constitutional for broadly based governance in Iraq. order, based on the rule of law, which can deal with this situation, which I feel give Iraqis a real stake in their nation’s We should not forget the 2011 with- deeply about. drawal date for American troops from progress, marginalize Al-Qaeda in Iraq and UNEMPLOYMENT INSURANCE other violent extremists, and bring lasting Iraq was negotiated by President Bush. peace to the country. To be effective, an We should not forget the decision to re- Mr. SESSIONS. I am here to share Iraqi political strategy should involve shar- ject an ongoing U.S. troop presence some thoughts about the remarks de- ing greater national power and revenue with after 2011 was Iraq’s, because of Iraq’s livered today by President Obama on Sunni Iraqis, reconciling with Sunni leaders, refusal to assure us that our troops the growing problem of poverty and and ending de-Baathification and other poli- would have protections from Iraqi our chronic unemployment that has oc- cies of blanket retribution. It should include courts and prosecution. We should not curred during the 6 years of his Presi- agreements with the Kurdistan Regional dency, after he has declared that the Government to share hydrocarbon revenues forget that our military leaders sup- and resolve territorial disputes. And it re- ported the decision not to leave our recession is over and was over. Just quires a clear commitment that the elec- troops in Iraq without legal protec- this week the Senate majority leader, tions scheduled for next year will happen tions from Iraqi prosecution. We should HARRY REID, said that ‘‘the rich keep freely, fairly, and inclusively in all parts of not forget that while an ongoing rela- getting richer and the poor keep get- Iraq, and that the necessary preparations tionship is in our interests, no amount ting poorer and the middle class is will be taken. of military equipment from us will pro- under siege.’’ If Prime Minister Maliki were to take ac- tions such as these, he could cement his leg- tect the Iraqi people if their govern- Wages are not doing well. Americans acy as the leader who safeguarded his coun- ment continues to place sectarian in large numbers are not doing well, try’s sovereignty and laid the foundation for goals ahead of sound governance. and they are hurting. Washington the new Iraq. In this endeavor, Prime Min- So we should use opportunities to as- Democrats, led by the President, are ister Maliki and our other Iraqi partners sist Iraq in its struggle against violent now proposing increased unemploy- would have our support, including appro- extremism and for stability and secu- ment insurance and new wage-price priate security assistance, and we would en- rity, but Iraq’s fate ultimately rests controls, wage controls to mandate courage you to provide U.S. diplomatic sup- with its people and their leaders. wages that have to be paid, to treat the port at the highest levels to help Iraqis reach the necessary political agreements before I yield the floor. consequences of a failed economy—a the 2014 elections. However, if Prime Min- The PRESIDING OFFICER (Mr. stagnant, slow-growth economy that is ister Maliki continues to marginalize the UDALL of Colorado). The Senator from not creating jobs. These words and ac- Kurds, alienate many Shia, and treat large Alabama. tions represent an admission that the

VerDate Mar 15 2010 04:30 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.048 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S214 CONGRESSIONAL RECORD — SENATE January 9, 2014 White House economic agenda has been work? Imagine how much better it country. That is destroying and weak- a disaster for poor and middle class would be if we combined dozens of over- ening growth in America. It places a people. It has not worked. lapping welfare programs into a single cloud over the American economy, as I know he believed it would work. I credit with better oversight standards experts have told us. know he has advocated these policies. I focused on the goal of helping people These policies have been the order of know he promised that they would become financially self-sufficient. We the day for 5 years. That is what we work. But they are not working. Worst need fresh approaches. We have to have heard. We need to spend more, we need still, the President remains fully com- fresh approaches. I believe it will hap- to invest more, and we need to tax mitted to the policy regime that he has pen. The sooner it happens the better more. We have had more regulations been advocating, and that is not work- off this country will be and the better than we have ever had in American his- ing. These policies have failed, not just off poor people will be. tory. We have had trillion dollar defi- for the last 5 years; they have failed for But all we get from the White House cits the likes of which we have never the last 50 years. They will never work. are the stale policies of yesterday. seen before, and people wonder why the The President and Majority Leader What is the agenda the President per- economy is not doing well. REID are correct, a nervous American sists in pushing? Consider the corner- We blocked oil production in the gulf business community is hoarding profits stones of the President’s economic for an inordinate period of time and are because they don’t know what the fu- agenda, the things he has been pushing only slowly allowing that to occur. We ture is going to be like. Those strug- in the Senate and the Congress and ad- blocked a Canadian pipeline that would gling to get by are feeling the results vocating unilaterally through the pow- create thousands of American jobs. We of corporate cost cutting and the poli- ers of the executive President—some blocked energy production on Federal cies that we are seeing executed by the beyond all law, it seems to me. These lands. We make it harder for energy government are impacting this situa- are the things he has consistently ad- production on private lands to occur, tion negatively. They just are. vocated for. He wants a government and we wonder why we cannot create sufficient jobs and growth. We need I know the people proposing these so- health care takeover, and that is prov- lower-cost energy, cheaper energy. lutions think they are caring about en to be a job killer. It is killing jobs That is good for the economy. Falling people who are hurting today. But if we and two-thirds of the jobs this year natural gas prices have been a help be- care about them, we will use our heads that have been created were part-time cause of new techniques in the produc- as well as our hearts, and we will think and in large part that has been a reac- through as to how to make growth tion of natural gas. tion to the Affordable Care Act. These statist, leftist policies have occur in our economy, how to help jobs What else? He has a hostility, a con- been tried in America before, and they be created, how to have wages rise in- sistent hostility to the production of have been tried throughout the world stead of stagnating or declining. American energy, which makes the Mr. President, $16 trillion has been for decades, and they will never work. country more wealthy, to produce our spent fighting poverty since the war on Taxes, regulating, more government, own energy rather than transferring poverty began 50 years ago, yet where and taking over the health care indus- our wealth abroad, to buy energy from do we stand today? Mr. President, 47 try will not create prosperity and jobs abroad. It creates jobs in America, million Americans are on food stamps, in America. It just won’t. If it would, high-paying jobs. 91.5 million are outside the labor force we would be doing so much better. We have proposals for more and more not working, and 46 million are living Since the President has entered of- taxes and more and more regulations in poverty. In low-income communities fice we have added an incredible $7 tril- that make it more difficult for U.S. the pain is especially severe. For exam- lion to the debt of the United States, workers to compete in the global mar- ple, in the city of Baltimore, 1 in 3 resi- and what do we have to show for that? ketplace. It makes it harder for their dents receives food stamps. In Chicago, Real wages are lower today than they companies to be able to export and 51 percent of the city’s children live in were in 1999. Take-home pay has fallen therefore create more American jobs. a single-parent family. In Detroit, al- for 5 consecutive years. Average house- We have a lawless immigration pol- most 1 in 3 households had not had a hold wealth is 60 percent lower today icy that undermines American workers single person working at any time than it was in 2007; 1.3 million fewer and their wages. It just does. They can throughout the year—almost 1 in 3 people are working today than in 2007. say whatever they want to say, but the households. The city’s violent crime Have we had a recovery? We have fewer bill that passed the Senate, the com- rate is among the worst in the country. people working today than we had 6 prehensive immigration bill, would More than half of all Detroit children years ago, and every month we add have doubled the number of guest live in poverty. 150,000 or more people, basically, to the The welfare bureaucracy that the left workers. Some say: Well, Jeff, they are age cohort of Americans that could be is determined to defend and expand is just going to be agricultural workers. working, because the population is in- failing our fellow Americans. It is just That is not so. Only a small number creasing that much. So you have to not working. We can do better. We are going to be agricultural workers. create real jobs to stay ahead of just have to do better. No longer can we de- They are going to be a million-plus normal population growth. There is 1.3 fine compassion by how much money workers traveling around the country million fewer people working today, we spend on poverty but by how many taking jobs all over America—twice as even though the population has grown people we lift out of poverty. many lawfully as would be the case by 14.5 million. There are 1.3 million The amount of money State and Fed- under current law. This is supposed to fewer people who are working today eral governments spend on the welfare be immigration reform? This is sup- than in 2007, even though the popu- bureaucracy each year amounts to posed to help American workers find a lation has grown 14.5 million. That is more than $1 trillion. That is a huge job or have a pay raise? not good. sum. It is twice the Defense Depart- We have a weak trade policy. We So the President is right to be wor- ment budget. If all these funds were have to stand up for the American ried about the health of the American converted to cash and mailed to every workers on the world stage and make middle class and lower-income workers household in poverty, it would equate sure that our trading partners are ac- in America. It sure has not been going to $60,000 per household. Yet as the cepting our products like we accept well. I know he thought his statist President now admits, chronic poverty their products, and if they do not, we ideas would work, and he pushed them and a widening income gap is the new have to defend the interests of the steadfastly. He had a Senate that rub- normal. American worker. That is the way to ber stamped for 2 years what he want- We have huge bureaucracies, huge help them have more jobs and better ed, including a $800 billion stimulus multiple conflicting programs, and pro- pay. bill that was supposed to create jobs grams that are not working and are not We have a welfare bureaucracy that and prosperity in America, every penny helping the people we are supposed to penalizes work. The President is pro- of that borrowed. help. They just are not. posing more massive spending, creating If we continue down this road, I fear Isn’t it time that we broke from dec- more debt. He has had the greatest we are going to sentence an entire gen- ades of policies that are proven not to debt increases in the history in our eration of young Americans to poverty,

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.053 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S215 joblessness, and stagnant economic That is one of the things we could do I am afraid we are not in a good posi- growth in our economy. Majority Lead- to help improve job prospects for tion there. We are not seeing the er REID said this week that, ‘‘We Americans. It wouldn’t cost us a dime. growth that we had, and experts are should realize that today there is only We wouldn’t have to borrow money. It predicting slow growth in the years to one job available for three people seek- would actually get people off welfare come. We have to get off the path we ing a job. Think about it.’’ and food stamps. It would put them are on and get on the path to growth, I agree that we absolutely must back into the workforce, and put us on job creation, and prosperity. We have think about that. We should think seri- a better path. to make sure our American citizens are ously about it. My first thought is this. If we want to reverse the middle- trained, skilled, and moved into good Since three people are looking for class decline, we need a new economic jobs so they can be independent and every one job that is open, then why vision. We need concrete steps to re- take care of their families without has the President embraced an immi- store opportunity to the American peo- being dependent on the government of gration bill that would double the flow ple without adding a penny to the na- the United States. of guest workers into America? They tional debt. We need policies that work I thank the Chair and yield the floor. will take jobs that would be available to create prosperity without borrowing The PRESIDING OFFICER. The Sen- for American workers. Why? That is and creating more debt. We just have ator from Alaska. what I think about. to do that. As David Cameron, the prime min- What are some of the things that we UNEMPLOYMENT COMPENSATION ister of the United Kingdom, said re- can do? Produce more American en- Ms. MURKOWSKI. Mr. President, it cently: Immigration cannot be a sub- ergy. We can turn the welfare office has been a disappointing week here in stitute for training our own workforce. into a job-training center. We can do the Senate. I started out the week feel- Is there something wrong with him this. We are going to have to do this. ing pretty good and optimistic. I had a saying that? Isn’t that an honest, cor- We are going to have to move people major presentation before the Brook- rect statement, speaking for the inter- from dependence to independence. We ings Institution. I talked about the est of the average Briton? need to streamline the Tax Code and enormous potential in this country for We need to help struggling Ameri- make it more growth oriented, which energy production and the fact that we cans get off welfare, off unemployment, will help us to be more competitive are at the highest level of energy pro- and into good-paying jobs. worldwide. We need to eliminate every duction domestically than we have We have a loose labor market. We Washington regulation that is not been in 20 years and what great pros- don’t have a tight labor market. Byron needed. These are regulations that kill pects we have for that. When we talk York recently wrote an excellent col- jobs and kill competitiveness. about jobs and economic opportunity, umn. He showed that the very same We need to enforce trade rules with it is really one of the bright spots out companies that signed letters to the our partners that defend the legitimate there. President and the Congress demanding interest of U.S. workers. We need to Of course, the debate this week has more guest workers are laying off enforce an immigration policy that been over unemployment compensation American workers by the thousands. serves the national interest—the peo- and the extension, initially proposed Big companies are signing letters that ple’s interest—and protects jobs for by the President to be a 3-month exten- demand more workers, and they are Americans. We need to make our gov- sion—an emergency, temporary exten- laying off thousands of workers. It is a ernment leaner and more accountable. sion. I was one of six Republicans who fact. He listed them. There were 10 or Our government needs to do more for came together and said: This is an im- 15 companies. Some of them laid off less just like good businesses and good portant conversation for us to be hav- thousands of people the very year they corporations and good companies are ing at this particular point in time. wrote to this Congress demanding more doing all over America. We need to do As we know, the long-term employ- foreign workers. So now we have to ex- that with our government. That will ment benefits expired on December 28, tend unemployment benefits because help the economy. 2013. It impacted over 1 million Ameri- people can’t find jobs. We have to pass We need to balance the Federal budg- cans around the country. In my home a law to set the wage so the wage can et, restore the confidence of the Amer- State of Alaska about 6,500 people lost be higher because it is not going up ican people, the world financial com- long-term benefits at the end of the through the natural free market as it munity, the vitality and the future of year, and it was one of these cold tur- should if we had a normal market for America, and spare our children from a key things. Those who still had eligi- labor. lifetime of debt. Whom do we work for? I know who I These are all positive steps that are bility for certain benefits were cut off work for, and that is the hard-working true to our constitutional heritage and hard. There was no tapering down. This people of Alabama and the United our legacy of freedom and opportunity. is hard. States. I don’t work for the masters of Those are the things we should be Back here in Washington, DC, we the universe. They are demanding more doing and we can do. They are all steps have been living with some pretty cold workers from Congress when millions that will create more jobs and more weather. It is cold weather all the time of Americans are unemployed. growth without borrowing money, and in Alaska at this time of the year. It is America is not an oligarchy. House these are all steps that will lift mil- hard to be out of work. It is expensive Republicans need to firmly tell this lions out of poverty, and help strug- to keep your homes heated. It is expen- President that we work for the Amer- gling Americans realize the dream of sive to live there, and so I recognize ican people. We reject any immigration financial independence. that the safety nets we put in place are plan that puts special interests or cor- I don’t know what the President was important. It is important for us to porate interests before working Ameri- thinking when he talked about a few have discussions and debates so we can cans. They need to say: We are going to little promise zones—is that what he argue and compromise on the issue of defend the working people of this coun- called them—around the country. This long-term employment benefits. That try. They are not being defended in the is somehow going to deal with the un- is a conversation we should have. I Senate by the Democratic majority, employment problem in America? wanted to have that debate. that is for sure, with regard to the im- He announced this today. I haven’t I wanted the opportunity for full-on migration policy. had a chance to study it yet, but these amendments so we could bring up good A small group of CEOs don’t get to are just a few spots on the map of the ideas, such as, good ideas about reform set immigration policy for the country, country. This is not going to have any and perhaps tying benefits to job train- no matter how much money they have. kind of systemic impact on our declin- ing, retooling, giving people that op- How many ads do they buy? We are not ing growth and the weak recovery we portunity to move forward, and debate going to enrich the political class at are seeing today. If the recovery about how we pay for it. There have the expense of the middle class, and we doesn’t exceed 2 percent GDP growth been times when we extended long- will reject the immigration bill that per year, it will not create jobs faster term unemployment benefits with an passed the Senate. than the population grows. offset, and then there have been times

VerDate Mar 15 2010 04:30 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.054 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S216 CONGRESSIONAL RECORD — SENATE January 9, 2014 when we extended it on an emergency try to move this country forward with in the Senate because I have spoken basis with no offset. But let’s talk policies that are good and strong and out about this at home and I was very about it, let’s debate it, and let’s put create those jobs. direct. I was very direct about my up some amendments. ENERGY anger, my disappointment, and my I was part of that group that really When I started my comments, I frustration. I recognize I have to work thought we would not only be able to talked about energy production being with folks in this administration, and talk, but that we would actually be that bright light. Look at what is hap- when we are talking about the Sec- able to weigh in as Members rep- pening in the State of North Dakota retary of the Interior, I recognize she is resenting our States, presenting our where, boy, anybody who wants a job effectively Alaska’s landlord. I need to ideas, and speaking for our constitu- can get one. In fact, they can get two be able to figure out a way to get along ents on issues that are very important or three jobs. with her. But I have to tell my col- around the country. Usually in a body They are ground zero in this type of leagues that this was absolutely a such as the Senate, actions don’t hap- oil revolution. Their unemployment heartless decision by Secretary Jewell. pen unless there is an opportunity to rate was 2.7 percent last October. There It was a decision that she alone made, vote on issues. has been a lot of back-and-forth going and it will only serve to endanger the So this afternoon when I listened to on about Keystone and its potential for Alaskan Native village residents of the majority leader’s statement, he providing direct jobs, direct and indi- King Cove. said very clearly that we weren’t going rect end use jobs around the country— With the decision the Secretary to have any amendments on the Emer- 42,000 jobs around the country. made, she has put the interests of cer- gency Unemployment Compensation Wouldn’t that be helpful? tain environmental groups and the al- Extension Act. In fact, his words were: When we talk about our opportuni- leged peace and comfort of the birds, We get nowhere with doing amend- ties in this country, we need to be put- the waterfowl in the Izembek National ments. I find that so disturbing. ting in place policies that help advance Wildlife Refuge above the lives of hun- I have only been in the Senate for 10 jobs and job creation and the wealth dreds of Alaskans, because 950 Alas- years, but what I have seen in my 10 then that comes with it. We can and kans live in King Cove. By the Sec- years is a change in the process—a must be doing more. retary’s act of denying this short road change in an institution where we are One of the areas we need to address is needed to ensure the people of King no longer taking the good ideas from where this administration, in my view, Cove reliable and safe access to an all- this side and the good ideas from the has seen some real policy failures; that weather airport in nearby Cold Bay, other side through an amendment proc- is, in restricting access to Federal Secretary Jewell has effectively turned ess—or even from a committee process lands for resource development, block- her back on the Aleut people of west- for that matter—and building better ing and slowing the permitting process. ern Alaska. She has discarded her duty policy based on the good ideas that we We need to be doing more. The Presi- to uphold the trust responsibility the all have. dent has touted the gains made in en- Federal Government owes to its Native Why would we be afraid to vote on ergy production. But I think it is im- peoples. amendments? They may take us a lit- portant to recognize that most of those The uncle of the Presiding Officer tle bit longer throughout the day to go gains have been on private and State served as Secretary of the Interior. He through. It disrupts our schedules. My lands. The Presiding Officer and I know knew full well that trust responsi- schedule is to work for the people of there are enormous resources on our bility. It is a high trust and the Sec- Alaska, and if that business isn’t con- Federal lands. Let’s access them. Let’s retary has turned her back on the Na- ducted here through debate and voting, access them safely and in an environ- tive people out in King Cove. then what is it? What is it? mentally responsible way but in a way To add insult to what could very well I was really quite discouraged after that is going to help our economy, help be real injury or even death, Secretary the exchange on the floor earlier. Col- the job situation in this country. I feel Jewell did this on the day before leagues have worked hard to come up we can do so much more. I am hopeful Christmas Eve. On the day before with some good proposals. These are again that we will, in this body, in this Christmas Eve, I received a voice mail not ‘‘gotcha’’ amendments as was sug- institution, be able to work together to message from the Secretary telling me gested by the majority leader. solve some of the issues that confront that she later in that afternoon was I think the proposal of the Senator us. But, again, I am disappointed. going to deny the road to King Cove. from Ohio—a proposal that is actually I did not come to the floor this What was I doing? I was doing the contained in the President’s budget evening to talk about the comments exact same thing most of the people proposal—was absolutely legitimate. made earlier on where we are in the around me were doing—we were at the So to suggest that it is an amendment amendment process and not being able last minute getting ready for Christ- without merit is not fair. to advance an amendment process. But mas. I was in the parking lot of a Fred At the end of the day, don’t we judge my colleagues can tell I care deeply Meyer store going inside to get Scotch the merit of an amendment, of an idea about this institution. I care deeply tape and wrapping paper. or of a proposal by presenting it to the about our responsibility to govern The decision made by the Secretary body for a vote? around here. I am not convinced we are is one that goes beyond building a 10- If we truly are at that point where we governing to our ability. We need to mile, one-lane, gravel, noncommercial- are simply not going to amend bills, make some changes, and it only comes use road between King Cove and Cold that we are simply going to vote when we acknowledge that those Bay. This decision makes clear to us in straight up or down on a bill that has changes have to come and that co- Alaska that our lives—the lives of the been presented to us—probably not operation has to come from both sides. people, the human beings who are even out of the committee process but EMERGENCY CONNECTOR ROAD there—just don’t seem to matter to the more likely from the majority leader’s Tonight I come to the floor to talk Secretary. It is clear to me that either chambers—that is a tough place for us about a decision that came out of the she does not understand or she does not to be as a body. That is not what this Department of Interior the day before care about the most basic needs of our process is all about. Christmas Eve. This is a decision that remote residents, and it is quite clear The minority leader reminded us yes- in my view is absolutely unconscion- that we have, once again, received un- terday that we can do better. We can able, and it is a decision that was made fair treatment at the hands of our Fed- do better as an institution, but we sure by the Secretary of the Interior the eral Government. didn’t demonstrate that today. afternoon of December 23, in which she Sometimes it just feels as though I want to work with my colleagues rejected a medical emergency con- those on the outside, whether it is the on the issue of unemployment com- nector road between two very remote Federal Government, back here, 4,000 pensation. I want to be able to recog- Alaskan communities, the community miles away from home, that there is nize that compassion that we show for of King Cove and Cold Bay. this sense that Alaskans need to be other Americans who are dealing with I have thought long and hard about protected from themselves. Quite hon- great difficulty right now. I want to my public comments to my colleagues estly, that is offensive. Quite frankly, I

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.056 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S217 have a very hard time believing that if material was just around 2.7 acres. tecting the health and safety of our this same situation occurred some- Again, think about the exchange. They residents, and rightly so. I would sub- where in the lower 48, the decision are giving up 56,000 acres in exchange mit to you, Mr. President, if Secretary would be the same. The fact is we are for a 206-acre road corridor and, of Jewell and the U.S. Fish and Wildlife out of sight, we are out of mind. There that, the impact by fill material is just Service truly had—truly had—the best are only 720,000 people in Alaska. There about 2.7 acres. So consider also that interests of both the human residents are only 950 people, or thereabouts, in the exchange would have added 2,300 and the birds of the Izembek Refuge in King Cove. Who is going to be upset? acres of eelgrass beds to the refuge. mind, they would have recognized that Well, I am upset. I am upset. Not only This is prime habitat and feed for the adding 56,000 acres, while taking out have the people of King Cove been black brant, and this was something just 206 acres—and, then again, of that, wronged, but the people of Alaska have that clearly Secretary Jewell felt was the amount that would have actually been wronged. This is not a decision very valuable because she chose to been impacted by fill is 2.7 acres—I that is going to just go away because place higher value on those black think they would provide far greater we all got caught up in the Christmas brants than she did on human and wild- benefit to the refuge than any small, holidays. This is not going to be some- life values. That 2,300 acres, then, is single-lane, gravel, noncommercial thing the people of Alaska or this Sen- about 20 times more than the eelgrass road ever possibly could subtract. ator will forget, because we are not that the EIS said might have been im- The legislation directed the U.S. Fish done. pacted by erosion as a result of the and Wildlife Service to conduct an EIS I have been to this floor many road. So the rejection of this exchange for the road. So the 2009 legislation times—many times—in fact, I think just dumbfounds me. I don’t under- that passed the House, that passed the the Presiding Officer has been in the stand it. Senate, that was signed into law by the chair on previous occasions—when I The State of Alaska and the local President, directed Fish and Wildlife to have come to call attention to this life- tribal groups were willing to give up conduct an EIS. That agency prepared saving road and the land exchange that 56,000 acres of land. Keep in mind, these a faulty EIS. They failed to adhere to was approved by Congress, signed into are lands that were given to them the underlying law, choosing a ‘‘no ac- law by the President. I feel as though I under the Native Land Claims Settle- tion’’ alternative and failing to ade- have told this story so many times I ment Act. These lands represent who quately account for health and human don’t need to remind folks, but I am they are, and they are willing to give safety when selecting the preferred al- going to provide a brief refresher. up 56,000 acres of it for a lousy one- ternative. This is more evidence of sys- The recent story of King Cove actu- lane, 11-mile gravel, noncommercial- tematic disregard for the well-being of the Aleut who have lived in this region ally started pretty well. Congress came use road. That is how much this road for thousands of years. together almost 5 years ago to give the meant to them, because it was more Interior Secretary reason and author- I also want to touch very briefly than a road. It was a lifesaving con- upon Interior’s trust responsibility to ity to act in the public interest when it nector. It was a way for them to get to Alaska Native peoples. The Assistant comes to providing access. But as is so an all-weather airport, the second long- Secretary for Indian Affairs, Kevin often the case, this has become yet an- est runway in the State of Alaska that Washburn, went to King Cove. He vis- other terrible example of the interests was built during World War II; an ited. He actually spent 2 days there. In of our people put at risk by their own amazing runway, actually, that isn’t fact, they actually had some pretty Federal Government. So back in 2009 encumbered by the topography and the stinky weather when he was there, and we passed—I introduced legislation—we weather as the King Cove Airport is. I think he saw firsthand what the resi- passed legislation that proposed to add So you have a people who are des- dents of King Cove deal with in getting more than 56,000 acres of State and perate for a solution, so desperate for in and out. The Assistant Secretary tribal land to the Izembek Refuge in their solution that they are willing to wrote a report for Secretary Jewell. It exchange for a 206-acre road corridor give up their lands. The most prized was not made public until after the through a corner of the refuge. Again, thing the Native people have in our Secretary announced her decision, I wish to repeat the numbers because State are the lands around them, and which I think was unfortunate. But some people say I must have forgotten they are willing to exchange them for a again, back to the trust responsi- a zero: In exchange for 56,000 acres of small road corridor—a 300 to 1 ex- bility—the responsibility that the Fed- State and tribal land, a 206-acre road change—and the proposed land that eral Government has to protect the corridor. In addition to the fact that would have been provided to the Fed- health and safety of Native Americans. this is basically a 300-to-1 exchange eral Government is pristine land that But here you have the Fish and Wild- that was offered, there was agreement is valuable for the waterfowl, for the life Service, you have Assistant Sec- that this road would be so limited—so wildlife, certainly would enhance and retary Washburn, and now, finally, limited as to have an infinitesimally benefit the refuge. Secretary Jewell, who had the oppor- small impact on the refuge. The people But Secretary Jewell said no to this. tunity to encourage or actually make a of King Cove are not insensitive to the She said no to this 300 to 1 exchange— decision that would improve the lives fact that this is a very rich ecosystem an exchange that would enhance the of the residents of King Cove. They out there. This is a very rich area. This habitat for the birds she wants to pro- turned their backs on these people, and is where the birds come through. They tect. It really makes you wonder: Has they diminished the hopes of these first have no interest in harming or dam- there ever been such a lopsided land ex- peoples. aging the refuge. change that has been rejected by the The EIS, which recommended no ac- So the agreement was for a one-lane, Federal Government? tion—no action—to help the people of between 10 and 11 miles long, gravel The former head of the U.S. Fish and King Cove has a clear negative impact road, severely restricted by law—re- Wildlife Service, Dale Hall, was the one on the health and safety of Alaska Na- stricted by law; not just an agreement who largely picked the lands and had tives who live in that village. The offi- where the mayor says, oh, during my approved of this exchange back in cial report that was prepared by Mr. tenure, we are not going to use it for 2006—long before this legislation was Washburn regarding his visit to King commercial purposes. This is in law: ever introduced. So the Federal agen- Cove, I believe, was inadequate—wholly noncommercial purposes, one-lane, 11- cies, the Fish and Wildlife Service, and inadequate—and, quite frankly, very mile-long gravel road. In addition, the head of the Fish and Wildlife Serv- weak. there were going to be roping corridors ice had looked at all this and said: OK, He, the Assistant Secretary, is so that if a vehicle is on the road, it in order to get this corridor, there is viewed as a leading legal scholar on wouldn’t be able to go off the road and going to have to be some exchange, so Native trust responsibility. I truly onto the refuge and lay tire marks or let’s figure out what it is going to be. have high hopes for him because I be- impact the refuge at all. He gave his blessing to that back in lieve that his heart clearly is in that The Department of Interior EIS 2006. right place. But his report falls woe- clearly showed that the actual acreage But what this does speak to is how fully short of his duty to the Aleut peo- inside the refuge to be impacted by fill strongly Alaskans feel about pro- ple, and I expected more of him—truly

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.058 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S218 CONGRESSIONAL RECORD — SENATE January 9, 2014 I did—and I know the people of King him up by crane on to the top of the I cannot fathom why she came to it, Cove deserve better. dock so that they could then take him why she was willing to sign her name The health and safety of the people of to the airport, where he was safely to it. But I, for one, never thought that King Cove is not some speculative evacuated out and made it to Anchor- we would see a day where, under the issue. We are not just talking about, age. guise of making a public interest deter- oh, the weather is bad there or some- As I say, when we are talking about mination, a Cabinet Secretary would so body might get hurt. The fact of the the health and safety of the people of blatantly disregard the public’s health matter is that since 1980, 18 people King Cove, it is not speculative. People and safety. But we have. have died, and they have died because are dying. People have died. People are So the question now is, does it stand? of medevac delays or because of the afraid to fly. The testimony that the Are we going to do what we know is dangers connected with the medevac Secretary heard, that my colleagues right and make sure that those who flights out of the fishing village. have heard—as the people of King Cove live in King Cove are protected? I have It is not easy to get in and out of have come back, they have said: my answer. I am going to stand in soli- King Cove. They have an airstrip, yes, Enough. darity with the people of King Cove they do, but they are surrounded on The Secretary, in her visit to King and others in Alaska and across the three sides by mountains, and a valley Cove in August, stood before the country whose well-being is put at risk on one and the ocean on another. The schoolchildren there at an assembly— by misguided government decisions, Coast Guard describes medevacs into and she is very good with children, and devoid of proper balance between King Cove as one of the more fright- it was good to watch the exchange—but human and wildlife considerations. ening, more challenging operations those children spoke up to her and told I have not yet identified every oppor- that the Coast Guard is tasked to do. her why they needed a road out of King tunity I may have to draw attention You might say, why is the Coast Guard Cove. To hear a child say: We need a to, resist, and seek redress from Sec- road so that I am not afraid to fly and doing medevacs? Well, because retary Jewell’s bad decision. because I don’t want anyone to die. medevac flights from Anchorage—some An obvious and perhaps an easy step This is an issue, again, where the sto- 600 miles away—cannot get in. They would be to introduce yet another bill. ries we have heard, the Secretary has say: The risk to us to fly in for some- But I am not willing to concede that heard—because I was there with her; body who is in the midst of a difficult the last word has been spoken on the we heard the stories together—they are labor and needs to get out to the near- law, the law we enacted in 2009. That heartwrenching. They bring tears to est hospital—which is Anchorage, 600 law passed after a great deal of effort. your eyes. The people, the families who There was debate. There was signifi- miles away—is too great or we are not have lived with this have been dev- cant compromise as I have outlined. willing to risk our lives. So whom do astated. The Secretary heard all this, But that was a law we had all nego- you call? You call the Coast Guard. and yet it seems that she has just cho- In 2012, the Coast Guard was called tiated. I do not believe that law has sen to ignore the voices of those chil- in, I believe, five times, at a cost of up been properly implemented. Who dren, the stories of those elders, the to $210,000 to the taxpayers per trip, to knows how and whether the courts may pictures of an elder being hauled up in address that injustice. bring in a crew to medevac that indi- a crab pot so he can make a medevac to A messaging bill might get some at- vidual out. So if you can fly in—if the Anchorage. tention. But I am concerned that its Coast Guard is able to do it, they will I want my colleagues to know here in immediate consequence may be to le- be there. But, in the meantime, you the Senate, as well as the administra- gitimize in the eyes of many a bad de- have had people die, and you have had tion, that I am not going to let this cision we should be fighting rather planes crash. issue die. There is a simple reason why. than accepting. I think the people of If you cannot get out, the alternative Because I am not willing to let anyone King Cove deserve better. is—because there is no road; there is no in King Cove suffer or die because they The Department of Interior needs 10-mile, one-lane, gravel, noncommer- do not have emergency access out of more balance. The U.S. Fish and Wild- cial-use connector road—you can go their village. life Service needs better direction. I across the water. Think about it. If the This decision rested squarely on the am not ruling out any possible remedy. weather is bad enough up in the air, shoulders of Secretary Jewell, who In this case, Alaskans have been made think about what it is doing down in then announced this devastating news the victim. But I think that all Ameri- that ocean. It is pretty tough. only hours before Christmas Eve—a cans are at risk from this kind of un- So you can come across the water for heartless decision delivered at a heart- balanced decisionmaking. I pledge to hours in 15-, 20-foot seas, but then, once less time. The Secretary said to me my colleagues and my constituents you get over to Cold Bay, it is not like that there is no good time to deliver that I am going to keep fighting for they can just load you into a nice air- bad news, and I would agree. But the what is right, both morally and legally. plane on the runway there. You have to timing of this decision was solely hers. This fight is not over. Again, the at- get docked, and up off the dock to get There was no deadline within which tention is drawn to the residents of to the airport. she had to act. She chose to announce King Cove and a small connector road The fact of the matter is King Cove it on Monday afternoon, at 3 p.m., in a very remote part of our country. and Cold Bay—it is a little bit rustic Washington, DC time, knowing that ev- But I do think it is emblematic of the out there. What is in this picture I eryone was going to be skating out of bigger struggle, the bigger fight we are have in the Chamber is probably a lit- here for the holidays, hoping that ev- seeing as a State with our own agen- tle difficult to see. This is the top of eryone was going to be distracted with cies, with our own Federal Govern- the dock at night. This is about a 20- their family events, hoping that no one ment. foot drop to the ocean here. You have was going to be watching. She knew I have taken a great deal of time this metal ladders that you climb up, if you that the people of King Cove would be evening. I appreciate the Presiding Of- are able. But if you are able, you prob- upset. She knew that I would be ficer’s attention as I have made my ably do not need to be medevaced out. upset—but less than a thousand people, case. I am certain the administration A person with a heart condition, how is she thinks. That is not how you do is listening to my words as well. As I he climbing up this metal ladder—as things. It is not how you do things. indicated at the outset, in Alaska we the waves are crashing against him in The people of King Cove are without have no choice but to figure out how the dark and in the wind? What you are hope right now for one reason; and that we deal with our agencies because they seeing here is basically a sled that has is because of this decision from the consume, they occupy so much of how been hoisted up on a crane, swinging Secretary. I have come here to tell the we are even able to move forward as a around in the wind in the dark. Senate what happened to them in what State. I will continue to do what I can I do not have the picture here of the was supposed to be—what was supposed to work with this administration in a elder who had suffered a heart condi- to be—a season of joy and celebration. manner that is going to benefit the tion and could not make it up the I truthfully cannot use strong enough people whom I work for. But I will al- steps. They could not hoist him up. words to show the depth of my anger ways put the health and safety and They put him in a crab pot and hauled for this decision. best interests of Alaskans first.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.059 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S219 I yield the floor and suggest the ab- Explain to somebody who is on long- lanche formed close partnerships with sence of a quorum. term unemployment in the State of their counterparts in the Afghan Na- The PRESIDING OFFICER. The Colorado, State of Illinois, State of tional Security Force, living and oper- clerk will call the roll. anyplace, and they will say they didn’t ating together. They credit success in The assistant legislative clerk pro- vote for this because they didn’t get to increasing proficiency and dedication ceeded to call the roll. offer unlimited amendments, even of these forces in Paktia to the close Mr. REID. Mr. President, I ask unan- though there was a proposal that relationship they forged. When the imous consent that the order for the wouldn’t run up the deficit one penny. area of operations was hit hard by quorum call be rescinded. It was all paid for. It is hard for me to flooding, it was the Mountain Bat- The PRESIDING OFFICER. Without comprehend that. We could explain it talion and their Afghan partners who objection, it is so ordered. to someone, but it is their job to ex- were there to respond for the civilians UNEMPLOYMENT INSURANCE plain it, not mine. My explanation is facing devastation. They even dis- Mr. REID. Mr. President, today has that it is something the American peo- patched a platoon across the border to been an eventful day on the unemploy- ple want, need, and should have. Pakistan to help flood victims—a bor- ment compensation front. We began f der more often in the news for the the day working with Republican col- crossing of foreign fighters and the MORNING BUSINESS leagues to put together what we Haqqani Network. The Task Force thought was an amendment they would Mr. REID. Mr. President, I ask that trained more than 50 Afghan National join us in pushing forward. But surpris- the Senate proceed to a period of morn- Army medics, who in turn provided ingly and disappointingly to me, those ing business, with Senators permitted care to U.S. personnel as well. These whom we worked with were unable to to speak for up to 10 minutes each. medics are just one part of the lasting join on the amendment. The PRESIDING OFFICER. Without contribution left by the Mountain Bat- I am disappointed for a number of objection, it is so ordered. talion in Paktia. reasons, not the least of which is we f Also remaining in Afghanistan as a gave the Republicans what they want- VERMONT ARMY NATIONAL testament to their valor are 2 schools, ed. It is entirely paid for. The amend- GUARD AWARD 4 mosques, a community center, and 22 ment made structural reforms in the other projects. The Mountain Battalion Mr. LEAHY. Mr. President, as the unemployment compensation bill, is estimated to have contributed U.S. mission in Afghanistan winds which is something they said they $700,000 into the local economy in down this year, one thing can be said wanted. The amendment includes a money and jobs, and it is further esti- with certainty: The dedication and proposal, much like that advocated by mated that almost 30,000 Afghans were service our men and women in uniform Senator PORTMAN, that would prevent beneficiaries of humanitarian assist- is unparalleled. It will truly be with people from collecting both unemploy- ance alone after the floods. Despite the thanks of a grateful nation that ment insurance and disability insur- having been one of the most chaotic our troops will finally withdraw from ance at the same time. provinces in Afghanistan, our Green Afghanistan by year’s end. Our amendment includes an offset Mountain Boys left Paktia a better This weekend, that appreciation will that is PAUL RYAN’s offset. It was the place for the people who live there, and be front and center in Vermont, when same thing we used in the Murray- they did so in partnership with the peo- the 3rd Battalion, 172nd Infantry Regi- Ryan budget agreement this body sup- ple who live there. ported a few weeks ago. ment, Mountain, will receive the Val- So it is totally paid for with some- orous Unit Award for extraordinary Through 5 months in Paktia, these men and women led 4,300 combat pa- thing PAUL RYAN suggested and we heroism in action, against an armed adopted a short period of time ago. It enemy of the United States, during trols, 9 air assault operations, and 65 makes structural reforms they said their 2010 deployment to Afghanistan. named operations. A total of 600 indi- they wanted—maybe not all of them, The Mountain Battalion, as they are viduals were awarded combat badges, but it made structural reforms. It is known, led Task Force Avalanche in 26 individuals were awarded the Purple hard to understand why they cannot Paktia, a province in western Afghani- Heart, and, tragically, 2 of these brave take yes for an answer. Maybe it is be- stan, and they were responsible for se- soldiers sacrificed their lives. Those cause they do not want the legislation curity in an area the size of Delaware who returned home brought with them passed. It is possible. so that aid and development efforts the wisdom and experience of their de- But I have not given up. I have dis- could go forward. ployment. As a Vermonter, I could not cussions with a number of Republican In the best tradition of the ever be more proud of these men and colleagues this evening. They said they ready Green Mountain Boys, the Moun- women. They and the mission they so are going to try to come up with some- tain Battalion knows a thing or two ably performed help define what valor thing else. I certainly hope that is the about operating in mountainous ter- means. case. We need to understand that there rain. They are the only unit in the U.S. Importantly, this incredible unit is a are 1.4 million Americans hurting. It is Army specifically designed to neu- National Guard unit. Made up of cit- hard for me to comprehend why some- tralize the enemy in a mountainous izen soldiers from Vermont, Maine, and thing that meets the outlines of what terrain—expertise that proved invalu- New Hampshire, the men and women of we understood they wanted is not good able as they supported seven forward the 3rd Battalion, 172nd Infantry Regi- enough. operating bases and combat outposts ment, Mountain returned from their Maybe they do not like it because it spread throughout the mountains of distinguished service and went back to does not give them an opportunity to— Paktia. Upon their arrival in 2010, in their jobs and their neighborhoods I withdraw that. I think we have had advance of the parliamentary elec- throughout Vermont and New England. enough talk here today. I am not going tions, they found many unsecure roads This story was duplicated repeatedly in to add to that. All I wish to close the and zones. The men and women of the Afghanistan and also in Iraq. Because Senate with tonight is it is very unfor- Mountain Battalion helped to neu- of soldiers like these, today’s National tunate for a lot of people who are truly tralize supply lines and occupied for- Guard is a ready and reliable compo- hurting. merly safe zones to provide a level of nent of America’s fighting force, indis- It is paid for with something that is security during the election that in- tinguishable on the battlefield from certainly standard around here. We creased voter turnout in those districts their Active Duty counterparts, and won’t be able to use that anymore. by 15 percent. In large part because of trusted with essential missions. States won’t be able to use the same their efforts, Paktia province held the I congratulate the Mountain Bat- money anymore, but it doesn’t affect distinction of being the only province talion of the Vermont National Guard the budget in any way. It doesn’t raise that cycle with zero civilian casualties on the Valorous Unit Award. You make the deficit one penny. It sounds as if it during the election. us proud. You have given us and you is a very good deal to help 1.4 million Throughout their deployment, the have renewed and built upon an incred- people. men and women of Task Force Ava- ible legacy.

VerDate Mar 15 2010 04:30 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.061 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S220 CONGRESSIONAL RECORD — SENATE January 9, 2014 TRIBUTE TO LOIS MCCLURE She continues to serve as a director of the of Oklahoma, and his country. On Jan- Mr. LEAHY. Mr. President, I would J. Warren and Lois McClure Foundation uary 9, 2014, a U.S. flag was flown above founded in 1995, which focuses on improving like to take this opportunity to com- the U.S. Capitol in honor of CW2 Randy access for Vermonters to higher education L. Billings and for his sacrifice to our memorate the outstanding achieve- and life-long learning. ments of Ms. Lois McClure, voted the She is a major benefactor of the ECHO Country.’’ 2013 Vermonter of the Year by The Bur- Lake Aquarium and Science Center—Leahy f lington Free Press. Center for Lake Champlain on the Bur- ADDITIONAL STATEMENTS I am honored to count Lois among lington waterfront, a wonderland to chil- my closest friends. Marcelle and I are dren, especially, who explore what lies be- neath the waters of the lake. constantly inspired by her deep and HOCKEY WEEK IN FAIRBANKS sustained commitment to Vermont and The Lake Champlain Maritime Museum named its schooner Lois McClure in honor of ∑ Mr. BEGICH. Mr. President, I wish to to those of us who call it home. her support for the effort to build a replica of As I have worked in public service, I recognize Hockey Week in Fairbanks, a a sailing canal boat that plied the Broad terrific annual celebration that takes have often looked for guidance in the Lake in the early 1860s. breadth and depth of Lois McClure’s McClure, along with her husband, have place every winter. It has become so philanthropic work. Year after year, long been enthusiastic supporters of the popular it will run for 10 days, from Lois has found just the right points of Shelburne Museum, and she has made gen- January 31 to February 9, 2014. During leverage for her work to make erous gifts to organizations ranging from the our long Alaskan winters, we welcome Vermont a better place. Burlington Community Land Trust to the entertainment that celebrations like Lois McClure continues to build on a Vermont Historical Society. this offer and the outdoor and indoor Following a $1 million donation to the Vis- legacy of support for the arts, cultural activity that hockey represents. iting Nurse Association in 2006, McClure told Ice hockey has long been a popular and historic preservation, and environ- the Free Press, ‘‘I get a kick out of donating mental conservation, and yet her most money and seeing that money make a dif- sport all over Alaska, with leagues meaningful work may be the help that ference.’’ Yet among all her giving, the real- that run all year for players of all age she has provided Vermonters con- ization of a temporary home for cancer pa- groups. Due to the commitment and in- fronting serious medical problems. tients and their families who are receiving terest of players, coaches, and boost- Whether or not they recognize it, treatment at near-by Fletcher Allen Health ers, a Fairbanks Hockey Hall of Fame many, many Vermonters have Lois in Care perhaps became McClure’s signature was established to honor those who project. helped develop the sport in Interior their corner as they fight back against The American Cancer Society’s Hope cancer and other serious illness. Lodge opened in Burlington in 2008, named Alaska. Because of the foresight and The Leahy Center for Lake Cham- the Lois McClure-Bee Tabakin Building in enthusiasm of the hall’s board, they plain, the Lake Champlain Maritime honor of McClure and her long-time friend also sponsor hockey week. Museum, the Visiting Nurses Associa- who each lost a daughter to cancer. The activities during 2014 hockey tion, the American Cancer Society of The call for nominations for Vermonter of week are varied. There is the popular Vermont, Fletcher Allen Health Care, the Year asked readers to ‘‘Think of someone ‘‘Wear Your Jersey to School Day,’’ and many other Vermont institutions who has made a difference this year or tournaments for youth, puck shooting, through a lifetime of work; someone who a contest for the best backyard rink, are able to better serve Vermonters stepped up in a time of need or proved to be today because of Lois’s commitment. a leader; someone whose acts or accomplish- ice sculptures with hockey themes, and I ask unanimous consent to have ments embodied the best of Vermont.’’ much more. Typical of the civic spirit printed in the RECORD an article about McClure has been nominated by readers of the organizers and partisans, they this exceptional Vermonter who has many times over the years. In 2006, Jane sponsor reading programs in elemen- dedicated her life to improving her Osborne McKnight wrote in a particularly tary schools and conduct blood dona- community and the lives of those telling nominating letter, ‘‘I have never met tion drives as well, during the week. around her. Lois, but have admired her good works for This year, the organizers have at- There being no objection, the mate- many years. . . . She has personally enriched tracted a major exhibit. The outreach rial was ordered to be printed in the our cultural life in Vermont and furthered our understanding of Vermont history. These program of the Hockey Hall of Fame in RECORD, as follows: are good deeds that will be felt, undoubtedly, Toronto will send artifacts from its [From the Burlington Free Press, Dec. 31, for many generations.’’ collection to be on display in Fair- 2013] McClure has lived a life that embodies the banks and, later, in Anchorage. Fans 2013 VERMONTER OF THE YEAR: LOIS MCCLURE best qualities of a Vermonter who looks out will see jerseys, sticks, skates, and The true measure of an act of philanthropy for her neighbor and lives for the betterment many other items belonging to some of can be taken in the lasting impact of what of her community. the greats who have played profes- The Burlington Free Press’ imminent de- the initial donation set in motion. sionally. Years after the act of giving, the efforts parture from the College Street building it and institutions Lois McClure has chosen to has occupied since the 1830s creates an ap- Each year, the celebration seems to support continue their good work. propriate occasion to give McClure the ap- top the previous year’s. One of the rea- McClure’s engagement reflects a broad plause she deserves. The paper once owned sons it does is because of the major range, many with a common theme a focus by McClure’s family is moving soon into new force behind the event: Randy Zarnke, on building a better life for people of all ages quarters on Bank Street. the president of the Fairbanks Hockey in her community. McClure has built a legacy of making a Hall of Fame. The year after he wrote For her life-long commitment to enriching real difference to many people. a book about Fairbanks hockey pio- people’s lives in ways big and small, the Bur- The Burlington Free Press names Lois lington Free Press editorial board names McClure—a friend to Vermonters, today and neers in 2005, he started this remark- philanthropist Lois McClure 2013 Vermonter for generations to come—2013 Vermonter of able celebration. I am happy to add my of the Year. the Year. thanks for his leadership.∑ Over the years, McClure has built a legacy f f of generosity and caring, started decades ago with her late husband, J. Warren ‘‘Mac’’ HONORING OUR ARMED FORCES TRIBUTE TO MARIE AND JOHN McClure, former owner of the Burlington NOLAN CHIEF WARRANT OFFICER TWO RANDY L. Free Press who sold the newspaper to the BILLINGS ∑ Gannett Co. in 1971. Mr. JOHANNS. Mr. President, I wish The McClure name can be seen on build- Mr. COBURN. Mr. President, on De- to congratulate Marie and John ings throughout Burlington and the sur- cember 19, 2013, Chief Warrant Officer ‘‘Jack’’ Nolan of Lincoln, NE, on their rounding area speaking to the long record of Two Billings gave the ultimate sac- 70th wedding anniversary. Their com- giving for which this couple has long been rifice to our country while serving as a mitment to one another and their de- known in this community. U.S. Army UH–60 Blackhawk heli- votion to family and faith are an inspi- Lois McClure carried on the work after her copter pilot in support of the Inter- ration. husband’s death in 2004, and clearly made her own mark on her friends and neighbors, as national Security Assistance Force in Jack Nolan and Marie Barrett met in well as people who may never have heard her Afghanistan. Chief Warrant Officer Pennington, NJ, where Jack and name. These are just some of McClure’s good Two Billings’ sacrifice brings great Marie’s brothers were classmates at works. credit upon his family, his home State Pennington Prep School. Jack and

VerDate Mar 15 2010 04:30 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.021 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S221 Marie became friends and then started Gutting Jr., who died on Christmas of fishery management and our robust to date. They kept dating as Jack left Eve, spent over 40 years working in and global trade in seafood products have for college to play center for Temple for the commercial seafood industry. in many ways been shaped by Dick’s University’s football team in Philadel- As many of my colleagues are aware, four decades of work. These profes- phia, PA. After the bombing of Pearl the seafood harvesting and processing sional achievements, combined with Harbor on December 7, 1941, and the industry is the largest private sector the love and admiration of family and U.S. entrance into the war, Jack volun- employer in Alaska. The seafood indus- friends, form a legacy that anyone teered for Army Air Forces Aviation. try is crucial to the economic health of would be proud to leave behind. He will In an instant, Jack was no longer play- Alaska and employs more than 63,000 be missed by many Alaskans and by ing football for Temple but, rather, be- workers in my State, and overall Alas- the entire seafood industry.∑ ginning his primary training in San ka’s fisheries support over 165,000 f Antonio, Texas. American jobs. Jack’s move to San Antonio would be The successful development and MESSAGES FROM THE PRESIDENT the first of many moves to follow. growth of the modern U.S. seafood in- Messages from the President of the After completing flight school and ad- dustry is the result of the hard work of United States were communicated to ditional trainings, he was sent to B–25 many individuals, and Dick played an the Senate by Mr. Pate, one of his sec- bomber school in Greenville, SC. Dur- important role in many key areas. He retaries. ing this time, Jack and Marie wrote was recognized as the foremost U.S. ex- f letters and remained devoted to one pert on seafood safety and trade poli- EXECUTIVE MESSAGES REFERRED another. Jack knew that he would soon cies, and he continued to dedicate his be sent overseas to fight in World War time and energy to the seafood indus- As in executive session the Presiding II, but he had one last thing to do at try right until the weeks before he Officer laid before the Senate messages home: marry Marie. Marie travelled on passed, publishing a daily update on from the President of the United a troop train to Greenville, SC, and seafood trade developments. States submitting sundry nominations married Jack on January 6, 1944. Three Dick’s long career in both govern- which were referred to the appropriate weeks later, Jack was sent to fight in ment and the private sector coincided committees. New Guinea. with a period of rapid development and (The messages received today are After his service in New Guinea, Jack expansion of my State’s seafood indus- printed at the end of the Senate pro- and Marie were moved to Pampa, TX, try. In the 1960s we were focused most- ceedings.) and then to Enid, OK, where he taught ly on salmon and watched as foreign f others to fly the B–25 bombers. World fleets took a wide variety of marine re- MESSAGES FROM THE HOUSE War II ended while they were living in sources from the waters off our shores. At 12:04 p.m., a message from the Enid. After the war, Jack remained in The passage of the Fishery Conserva- House of Representatives, delivered by the Air Force, continuing his service to tion and Management Act—now the Mr. Novotny, one of its reading clerks, our great Nation. I am told that Marie Magnuson-Stevens Fishery Conserva- announced that the House has passed and Jack like to reminisce about their tion and Management Act—on which the following bills, in which it requests more than 20 moves throughout his Dick provided advice and counsel, was the concurrence of the Senate: military career. They lived in numer- a crucial step in allowing U.S. citizens to utilize the fisheries resources just H.R. 724. An act to amend the Clean Air ous places across the United States, Act to remove the requirement for dealer and Jack spent more than a year in off our shores. His work at the Na- certification of new light-duty motor vehi- Japan. Marie’s support of Jack and his tional Oceanic and Atmospheric Ad- cles. military service was unwavering. She ministration, NOAA, at the National H.R. 3527. An act to amend the Public remained focused on her husband, Fisheries Institute, NFI, and in private Health Service Act to reauthorize the poison faith, and growing family. law practice helped not just Alaskans center national toll-free number, national His last assignment was at Richards- but the seafood industry throughout media campaign, and grant program, and for Gebaur Air Force Base in Kansas City, the country. other purposes. H.R. 3628. An act to eliminate certain un- MO. After his retirement from the Air During his long tenure at NFI, Dick necessary reporting requirements and con- Force in the early 1960s, Marie and frequently testified before Congress on solidate or modify others, and for other pur- Jack remained in Kansas City. Jack issues of great importance to the Na- poses. coordinated emergency preparedness tion’s commercial seafood industry. ENROLLED BILL SIGNED for the Federal Reserve Bank of Kansas His legal and policy insights, combined At 2:17 p.m., a message from the City. Marie served as a church sec- with his calm demeanor, made him a House of Representatives, delivered by retary at St. Elizabeth Catholic Church valued advisor to ocean policy leaders Mrs. Cole, one of its reading clerks, an- in Kansas City. They called Kansas such as Senator Ted Stevens, Congress- nounced that the Speaker had signed City home for 30 years. man DON YOUNG, and my father, Sen- the following enrolled bill: Since 1990, they have lived in Lin- ator Frank Murkowski, as they crafted H.R. 667. An act to redesignate the Dryden coln, NE. Being active in their church legislation necessary to develop U.S. Flight Research Center as the Neil A. Arm- and community and helping others has fisheries while also promoting the con- strong Flight Research Center and the West- always been of great importance to sumption of seafood. He also helped ern Aeronautical Test Range as the Hugh L. them. Marie and Jack have been mentor an entire generation of both Dryden Aeronautical Test Range. blessed with four children, six grand- governmental and private sector policy The enrolled bill was subsequently children and four great-grandchildren. leaders in the commercial seafood in- signed by the President pro tempore The family has shared that they are dustry. Many of those people are now (Mr. LEAHY). grateful for Jack and Marie’s relentless in significant positions in government, f love, example of faith in action, and academia and the private sector, and MEASURES REFERRED encouragement. Their partnership as they continue to benefit from what husband and wife sets a great example they learned from Dick. The following bills were read the first for others to follow. Congratulations to Above all, Dick loved seafood, and he and the second times by unanimous Marie and Jack on seventy years of loved to share his passion for pro- consent, and referred as indicated: marriage. May God bless them always.∑ moting seafood throughout the country H.R. 724. An act to amend the Clean Air Act to remove the requirement for dealer f and the world. That is something that as an Alaskan I understand very well, certification of new light-duty motor vehi- REMEMBERING RICHARD E. and I appreciate his contributions to cles; to the Committee on Environment and GUTTING my State and to the country. Public Works. ∑ H.R. 3628. An act to eliminate certain un- Ms. MURKOWSKI. Mr. President, Although Dick is no longer with us, necessary reporting requirements and con- today I wish to recognize a man who, we are left with his many contribu- solidate or modify others, and for other pur- although not a constituent, was very tions to the responsible growth of the poses; to the Committee on Commerce, important to my State. Richard E. domestic seafood industry. Our system Science, and Transportation.

VerDate Mar 15 2010 04:09 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.020 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S222 CONGRESSIONAL RECORD — SENATE January 9, 2014 EXECUTIVE AND OTHER pursuant to law, a report relative to a viola- ury, transmitting, pursuant to law, the six- COMMUNICATIONS tion of the Antideficiency Act that occurred month periodic report on the national emer- in the Office of the Federal Coordinator for gency with respect to North Korea that was The following communications were Gulf Coast Rebuilding (OFCGCR) appropria- declared in Executive Order 13466 of June 26, laid before the Senate, together with tion, Treasury Appropriation Fund Symbol 2008; to the Committee on Banking, Housing, accompanying papers, reports, and doc- 7090116; to the Committee on Appropriations. and Urban Affairs. uments, and were referred as indicated: EC–4203. A communication from the Direc- EC–4212. A communication from the Acting tor of the Regulatory Management Division, Deputy Secretary, Department of the Treas- EC–4193. A communication from the Assist- Environmental Protection Agency, transmit- ury, transmitting, pursuant to law, the six- ant Secretary, Legislative Affairs, Depart- ting, pursuant to law, the report of a rule en- month periodic report on the national emer- ment of State, transmitting, pursuant to titled ‘‘2,5-Furandione, polymer with gency with respect to blocking property of law, a report relative to a proposed perma- ethenylbenzene, reaction products with poly- the Government of the Russian Federation nent transfer of major defense equipment to ethylene-polypropylene glycol 2-aminopropyl relating to the disposition of highly enriched a Middle Eastern country (OSS 2013–1926); to Me ether; Tolerance Exemption’’ (FRL No. uranium extracted from nuclear weapons the Committee on Foreign Relations. 9902–90) received during adjournment of the that was declared in Executive Order 13617 of EC–4194. A communication from the Acting Senate in the Office of the President of the June 25, 2012; to the Committee on Banking, Assistant Secretary, Bureau of Political- Senate on December 27, 2013; to the Com- Housing, and Urban Affairs. Military Affairs, Department of State, trans- mittee on Agriculture, Nutrition, and For- EC–4213. A communication from the Sec- mitting, pursuant to law, an addendum to a estry. retary of the Treasury, transmitting, pursu- certification, of the proposed sale or export EC–4204. A communication from the Direc- ant to law, a six-month periodic report on of defense articles and/or defense services to tor of the Regulatory Management Division, the national emergency that was declared in a Middle East country regarding any possible Environmental Protection Agency, transmit- Executive Order 12947 with respect to terror- effects such a sale might have relating to ting, pursuant to law, the report of a rule en- ists who threaten to disrupt the Middle East Israel’s Qualitative Military Edge over mili- titled ‘‘Copper Sulfate Pentahydrate; Ex- peace process; to the Committee on Banking, tary threats to Israel (OSS–2013–1936); to the emption from the Requirement of a Toler- Housing, and Urban Affairs. Committee on Foreign Relations. ance’’ (FRL No. 9904–30) received during ad- EC–4214. A communication from the Dep- EC–4195. A communication from the Acting journment of the Senate in the Office of the uty Secretary of the Securities and Ex- Assistant Secretary, Bureau of Political- President of the Senate on December 27, 2013; change Commission, transmitting, pursuant Military Affairs, Department of State, trans- to the Committee on Agriculture, Nutrition, to law, the report of a rule entitled ‘‘Re- mitting, pursuant to law, an addendum to a and Forestry. moval of Certain References to Credit Rat- certification, of the proposed sale or export EC–4205. A communication from the Direc- ings Under the Investment Company Act’’ of defense articles and/or defense services to tor of the Regulatory Management Division, (RIN3235–AL02) received during adjournment a Middle East country regarding any possible Environmental Protection Agency, transmit- of the Senate in the Office of the President effects such a sale might have relating to ting, pursuant to law, the report of a rule en- of the Senate on December 27, 2013; to the Israel’s Qualitative Military Edge over mili- titled ‘‘Isopyrazam; Pesticide Tolerances’’ Committee on Banking, Housing, and Urban tary threats to Israel (OSS–2013–1935); to the (FRL No. 9903–53) received during adjourn- Affairs. Committee on Foreign Relations. ment of the Senate in the Office of the Presi- EC–4215. A communication from the Coun- EC–4196. A communication from the Assist- dent of the Senate on December 27, 2013; to sel, Legal Division, Bureau of Consumer Fi- ant Secretary, Legislative Affairs, Depart- the Committee on Agriculture, Nutrition, nancial Protection, transmitting, pursuant ment of State, transmitting, pursuant to and Forestry. to law, the report of a rule entitled ‘‘Ap- law, a report prepared by the Department of EC–4206. A communication from the Direc- praisals for Higher-Priced Mortgage Loans’’ State on progress toward a negotiated solu- tor of the Regulatory Management Division, ((RIN3170–AA11) (Docket No. CFPB–2013– tion of the Cyprus question covering the pe- Environmental Protection Agency, transmit- 0020)) received in the Office of the President riod August 1, 2013 through September 30, ting, pursuant to law, the report of a rule en- of the Senate on January 6, 2014; to the Com- 2013; to the Committee on Foreign Relations. titled ‘‘Extension of Tolerances for Emer- mittee on Banking, Housing, and Urban Af- EC–4197. A communication from the Assist- gency Exemptions (Multiple Chemicals)’’ fairs. ant Secretary, Legislative Affairs, Depart- (FRL No. 9904–15) received during adjourn- EC–4216. A communication from the Acting ment of State, transmitting, pursuant to ment of the Senate in the Office of the Presi- Deputy Secretary, Department of the Treas- law, a report relative to sections 36(c) and dent of the Senate on December 27, 2013; to ury, transmitting, pursuant to law, the six- 36(d) of the Arms Export Control Act (DDTC the Committee on Agriculture, Nutrition, month periodic report on the national emer- 13–166); to the Committee on Foreign Rela- and Forestry. gency with respect to the Western Balkans tions. EC–4207. A communication from the Direc- that was declared in Executive Order 13219 of EC–4198. A communication from the Assist- tor of Defense Procurement and Acquisition June 26, 2001; to the Committee on Banking, ant Secretary, Legislative Affairs, Depart- Policy, Department of Defense, transmit- Housing, and Urban Affairs. EC–4217. A communication from the Comp- ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- troller of the Currency, Department of the law, a report relative to sections 36(c) and titled ‘‘Defense Federal Acquisition Regula- Treasury, transmitting, pursuant to law, the 36(d) of the Arms Export Control Act (DDTC tion Supplement: Photovoltaic Devices’’ Office of the Comptroller’s 2012 Annual Re- 13–158); to the Committee on Foreign Rela- ((RIN0750–AI18) (DFARS Case 2014–D006)) re- ceived during adjournment of the Senate in port to Congress; to the Committee on Bank- tions. the Office of the President of the Senate on ing, Housing, and Urban Affairs. EC–4199. A communication from the Assist- December 27, 2013; to the Committee on EC–4218. A communication from the Chair- ant Legal Adviser for Treaty Affairs, Depart- Armed Services. man and President of the Export-Import ment of State, transmitting, pursuant to the EC–4208. A communication from the Direc- Bank, transmitting, pursuant to law, a re- Case-Zablocki Act, 1 U.S.C. 112b, as amended, tor of Defense Procurement and Acquisition port relative to transactions involving U.S. the report of the texts and background state- Policy, Department of Defense, transmit- exports to Ireland; to the Committee on ments of international agreements, other ting, pursuant to law, the report of a rule en- Banking, Housing, and Urban Affairs. than treaties (List 2013–0202—2013–0204); to titled ‘‘Defense Federal Acquisition Regula- EC–4219. A communication from the Chair- the Committee on Foreign Relations. tion Supplement: Trade Agreements Thresh- man and President of the Export-Import EC–4200. A communication from the Assist- olds’’ ((RIN0750–AI17) (DFARS Case 2013– Bank, transmitting, pursuant to law, a re- ant Secretary, Legislative Affairs, Depart- D032)) received during adjournment of the port relative to transactions involving U.S. ment of State, transmitting, pursuant to Senate in the Office of the President of the exports to Russia; to the Committee on law, the report of a rule entitled ‘‘Amend- Senate on December 27, 2013; to the Com- Banking, Housing, and Urban Affairs. ment to the International Traffic in Arms mittee on Armed Services. EC–4220. A communication from the Chair- Regulations: Third Rule Implementing Ex- EC–4209. A communication from the Assist- man and President of the Export-Import port Control Reform’’ (RIN1400–AD46) re- ant Secretary of Defense (Special Oper- Bank, transmitting, pursuant to law, a re- ceived during adjournment of the Senate in ations/Low-Intensity Conflict), transmitting, port relative to transactions involving U.S. the Office of the President of the Senate on pursuant to law, the fiscal year 2013 annual exports to the United Arab Emirates; to the January 2, 2014; to the Committee on For- report on the Regional Defense Combating Committee on Banking, Housing, and Urban eign Relations. Terrorism Fellowship Program; to the Com- Affairs. EC–4201. A communication from the Presi- mittee on Armed Services. EC–4221. A communication from the Coun- dent of the United States to the President EC–4210. A communication from the Assist- sel, Legal Division, Bureau of Consumer Fi- Pro Tempore of the United States Senate, ant Secretary of the Army (Acquisition, Lo- nancial Protection, transmitting, pursuant transmitting, consistent with the War Pow- gistics and Technology), transmitting, pur- to law, the report of a rule entitled ‘‘Truth ers Act, a report relative to the deployment suant to law, an annual report relative to in Lending (Regulation Z): Adjustment to of U.S. forces to support the security of U.S. the Department’s Chemical Demilitarization Asset-Size Exemption Threshold’’ (12 CFR personnel and our Embassy in South Sudan; Program (CDP); to the Committee on Armed Part 1026) received in the Office of the Presi- to the Committee on Foreign Relations. Services. dent of the Senate on January 6, 2014; to the EC–4202. A communication from the Sec- EC–4211. A communication from the Acting Committee on Banking, Housing, and Urban retary of Homeland Security, transmitting, Deputy Secretary, Department of the Treas- Affairs.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.024 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S223 EC–4222. A communication from the Coun- and second times by unanimous con- other purposes; to the Committee on Health, sel, Legal Division, Bureau of Consumer Fi- sent, and referred as indicated: Education, Labor, and Pensions. nancial Protection, transmitting, pursuant By Mr. ALEXANDER (for himself and By Ms. KLOBUCHAR (for herself, Mr. to law, the report of a rule entitled ‘‘Home Mr. CORKER): HOEVEN, and Mr. JOHNSON of South Mortgage Disclosure (Regulation C): Adjust- S. 1910. A bill to award a Congressional ment to Asset-Size Exemption Threshold’’ Dakota): Gold Medal to Pat Summitt, in recognition S. 1899. A bill to amend the Internal Rev- (12 CFR Part 1003) received during adjourn- of her remarkable career as an unparalleled enue Code of 1986 to provide a consumer re- ment of the Senate in the Office of the Presi- figure in women’s team sports, and for her newable credit for a utility that sells renew- dent of the Senate on January 3, 2014; to the courage in speaking out openly and coura- able power, and for other purposes; to the Committee on Banking, Housing, and Urban geously about her battle with Alzheimer’s; Committee on Finance. Affairs. to the Committee on Banking, Housing, and By Mr. BAUCUS (for himself and Mr. EC–4223. A communication from the Dep- Urban Affairs. uty Secretary of the Securities and Ex- HATCH): S. 1900. A bill to establish congressional By Mr. SCOTT (for himself, Mr. BURR, change Commission, transmitting, pursuant trade negotiating objectives and enhanced and Mr. COBURN): to law, the report of a rule entitled ‘‘Re- consultation requirements for trade negotia- S. 1911. A bill to reform and strengthen the moval of Certain References to Credit Rat- tions, to provide for consideration of trade workforce investment system of the Nation ings Under the Securities and Exchange Act agreements, and for other purposes; to the to put Americans back to work and make of 1934’’ (RIN3235–AL14) received during ad- Committee on Finance. the United States more competitive in the journment of the Senate in the Office of the By Mr. MENENDEZ (for himself and 21st century, and for other purposes; to the President of the Senate on December 27, 2013; Committee on Health, Education, Labor, and Mr. CORKER): to the Committee on Banking, Housing, and S. 1901. A bill to authorize the President to Pensions. Urban Affairs. extend the term of the nuclear energy agree- By Mr. MANCHIN (for himself and Mr. EC–4224. A communication from the Sec- ment with the Republic of Korea until March WICKER): retary of the Securities and Exchange Com- 19, 2016; to the Committee on Foreign Rela- S. 1912. A bill to clarify that certain bank- mission, transmitting, pursuant to law, the tions. ing entities are not required to divest from report of a rule entitled ‘‘Prohibitions and By Mr. BARRASSO (for himself, Mr. collateralized debt obligations backed by Restrictions on Proprietary Trading and Cer- trust preferred securities under the Volcker tain Interests In and Relationships With, JOHANNS, Mr. COBURN, Mr. COCHRAN, Mr. ISAKSON, Mr. MORAN, Mr. HATCH, Rule; to the Committee on Banking, Hous- Hedge Funds and Private Equity Funds’’ ing, and Urban Affairs. (RIN3235–AL07) received during adjournment Mrs. FISCHER, Mr. SCOTT, and Mr. of the Senate in the Office of the President BURR): f S. 1902. A bill to require notification of in- of the Senate on December 27, 2013; to the dividuals of breaches of personally identifi- ADDITIONAL COSPONSORS Committee on Banking, Housing, and Urban able information through Exchanges under S. 41 Affairs. the Patient Protection and Affordable Care At the request of Ms. CANTWELL, the f Act; to the Committee on Health, Education, name of the Senator from South Da- EXECUTIVE REPORTS OF Labor, and Pensions. kota (Mr. THUNE) was added as a co- COMMITTEES By Mr. WARNER: S. 1903. A bill to provide greater fee disclo- sponsor of S. 41, a bill to provide a per- The following executive reports of sures for consumers who have prepaid cards, manent deduction for State and local nominations were submitted: and for other purposes; to the Committee on general sales taxes. By Mr. LEVIN for the Committee on Banking, Housing, and Urban Affairs. S. 127 Armed Services. By Mr. LEE: At the request of Mr. HELLER, the * Jessica Garfola Wright, of Pennsylvania, S. 1904. A bill to amend the eligibility re- name of the Senator from South Da- quirements for funding under title IV of the to be Under Secretary of Defense for Per- kota (Mr. THUNE) was added as a co- sonnel and Readiness. Higher Education Act of 1965; to the Com- * Jo Ann Rooney, of Massachusetts, to be mittee on Health, Education, Labor, and sponsor of S. 127, a bill to provide a Under Secretary of the Navy. Pensions. permanent deduction for State and * Jamie Michael Morin, of Michigan, to be By Mr. MANCHIN (for himself and Mr. local general sales taxes. Director of Cost Assessment and Program HOEVEN): S. 217 Evaluation, Department of Defense. S. 1905. A bill to provide direction to the At the request of Mrs. MURRAY, the * Frank G. Klotz, of Virginia, to be Under Administrator of the Environmental Protec- name of the Senator from Hawaii (Mr. Secretary for Nuclear Security. tion Agency regarding the establishment of By Mr. LEAHY for the Committee on the standards for emissions of any greenhouse SCHATZ) was added as a cosponsor of S. Judiciary. gas from fossil fuel-fired electric utility gen- 217, a bill to amend the Elementary Robert L. Hobbs, of Texas, to be United erating units, and for other purposes; to the and Secondary Education Act of 1965 to States Marshal for the Eastern District of Committee on Environment and Public require the Secretary of Education to Texas for the term of four years. Works. collect information from coeducational Gary Blankinship, of Texas, to be United By Mr. WARNER (for himself, Mr. COR- States Marshal for the Southern District of elementary schools and secondary NYN, and Mr. KAINE): schools on such schools’ athletic pro- Texas for the term of four years. S. 1906. A bill to establish the Office of Net Amos Rojas, Jr., of Florida, to be United grams, and for other purposes. Assessment within the Department of De- States Marshal for the Southern District of fense; to the Committee on Armed Services. S. 946 Florida for the term of four years. At the request of Mr. WICKER, the Peter C. Tobin, of Ohio, to be United By Mr. KIRK (for himself, Mr. CRAPO, States Marshal for the Southern District of Mr. MORAN, Mr. TOOMEY, Mr. BAR- name of the Senator from Arizona (Mr. Ohio for a term of four years. RASSO, Mr. ENZI, and Mr. WICKER): FLAKE) was added as a cosponsor of S. Kevin W. Techau, of Iowa, to be United S. 1907. A bill to amend a provision of the 946, a bill to prohibit taxpayer funded States Attorney for the Northern District of Bank Holding Company Act of 1965 regarding abortions, and for other purposes. prohibitions on investments in certain funds Iowa for the term of four years. S. 1174 Andrew Mark Luger, of Minnesota, to be to clarify that such provision shall not be At the request of Mr. BLUMENTHAL, United States Attorney for the District of construed to require the divestiture of cer- Minnesota for the term of four years. tain collateralized debt obligations backed the name of the Senator from New Hampshire (Mrs. SHAHEEN) was added * Nomination was reported with rec- by trust-preferred securities or debt securi- ties of collateralized loan obligations; to the as a cosponsor of S. 1174, a bill to ommendation that it be confirmed sub- Committee on Banking, Housing, and Urban award a Congressional Gold Medal to ject to the nominee’s commitment to Affairs. respond to requests to appear and tes- the 65th Infantry Regiment, known as By Mr. CORNYN (for himself, Mr. the Borinqueneers. tify before any duly constituted com- THUNE, Mr. VITTER, Mr. PORTMAN, S. 1306 mittee of the Senate. Mr. ENZI, Mr. ROBERTS, Mr. GRAHAM, (Nominations without an asterisk Mr. BURR, Mr. CRAPO, Mr. COCHRAN, At the request of Mr. REED, the name were reported with the recommenda- Mr. BOOZMAN, Mr. INHOFE, and Mr. of the Senator from New Mexico (Mr. tion that they be confirmed.) JOHANNS): HEINRICH) was added as a cosponsor of S. 1908. A bill to allow reciprocity for the S. 1306, a bill to amend the Elementary f carrying of certain concealed firearms; to and Secondary Education Act of 1965 in INTRODUCTION OF BILLS AND the Committee on the Judiciary. order to improve environmental lit- JOINT RESOLUTIONS By Mr. SCOTT (for himself and Mr. ALEXANDER): eracy to better prepare students for The following bills and joint resolu- S. 1909. A bill to expand opportunity postsecondary education and careers, tions were introduced, read the first through greater choice in education, and for and for other purposes.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.025 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S224 CONGRESSIONAL RECORD — SENATE January 9, 2014 S. 1383 Maryland (Ms. MIKULSKI) were added as (Mr. BOOZMAN), the Senator from Utah At the request of Mr. BLUMENTHAL, cosponsors of S. 1798, a bill to ensure (Mr. LEE) and the Senator from Lou- the name of the Senator from Oregon that emergency services volunteers are isiana (Mr. VITTER) were added as co- (Mr. MERKLEY) was added as a cospon- not counted as full-time employees sponsors of amendment No. 2626 in- sor of S. 1383, a bill to provide sub- under the shared responsibility re- tended to be proposed to S. 1845, a bill sidized employment for unemployed, quirements contained in the Patient to provide for the extension of certain low-income adults, provide summer Protection and Affordable Care Act. unemployment benefits, and for other employment and year-round employ- S. 1846 purposes. ment opportunities for low-income At the request of Mr. MENENDEZ, the f youth, and carry out work-related and name of the Senator from Maine (Ms. STATEMENTS ON INTRODUCED educational strategies and activities of COLLINS) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS demonstrated effectiveness, and for 1846, a bill to delay the implementation other purposes. of certain provisions of the Biggert- By Mr. BAUCUS (for himself and S. 1406 Waters Flood Insurance Reform Act of Mr. HATCH): At the request of Ms. AYOTTE, the 2012, and for other purposes. S. 1900. A bill to establish congres- name of the Senator from Maine (Mr. S. 1848 sional trade negotiating objectives and KING) was added as a cosponsor of S. At the request of Mr. ROBERTS, the enhanced consultation requirements 1406, a bill to amend the Horse Protec- name of the Senator from Alabama for trade negotiations, to provide for tion Act to designate additional unlaw- (Mr. SESSIONS) was added as a cospon- consideration of trade agreements, and ful acts under the Act, strengthen pen- sor of S. 1848, a bill to amend section for other purposes; to the Committee alties for violations of the Act, im- 1303(b)(3) of Public Law 111–148 con- on Finance. prove Department of Agriculture en- cerning the notice requirements re- Mr. BAUCUS. Mr. President, 52 years forcement of the Act, and for other garding the extent of health plan cov- ago, in 1962, President John Kennedy purposes. erage of abortion and abortion pre- signed the Trade Expansion Act into law. At the signing he spoke about the S. 1410 mium surcharges. importance of trade to the United S. 1881 At the request of Mr. DURBIN, the States and its partners abroad, on how At the request of Mr. MCCONNELL, his name of the Senator from Maine (Mr. it helps secure our preeminence in a KING) was added as a cosponsor of S. name was added as a cosponsor of S. 1881, a bill to expand sanctions imposed global economy. 1410, a bill to focus limited Federal re- Here is what he said: sources on the most serious offenders. with respect to Iran and to impose ad- We now have the means to make certain S. 1431 ditional sanctions with respect to Iran, and for other purposes. that we build our strength together and that At the request of Mr. WYDEN, the we can maintain this preeminence. name of the Senator from Georgia (Mr. At the request of Mr. MENENDEZ, the names of the Senator from Mississippi His words still ring true today. Inter- ISAKSON) was added as a cosponsor of S. (Mr. COCHRAN), the Senator from Idaho national trade is a cornerstone of our 1431, a bill to permanently extend the economy. Internet Tax Freedom Act. (Mr. CRAPO), the Senator from Ala- bama (Mr. SHELBY) and the Senator The PRESIDING OFFICER. The Sen- S. 1590 from Alabama (Mr. SESSIONS) were ator from Utah. At the request of Mr. ALEXANDER, the added as cosponsors of S. 1881, supra. Mr. HATCH. Madam President, my name of the Senator from Alabama friend from Montana is absolutely S. RES. 317 (Mr. SESSIONS) was added as a cospon- right. International trade is crucial to At the request of Mr. SESSIONS, the sor of S. 1590, a bill to amend the Pa- America’s economy. Last year exports name of the Senator from Texas (Mr. tient Protection and Affordable Care supported 9.8 million American jobs, CRUZ) was added as a cosponsor of S. Act to require transparency in the op- including 25 percent of all manufac- Res. 317, a resolution expressing the eration of American Health Benefit Ex- turing jobs. sense of the Senate on the continuing changes. Jobs created through trade are good relationship between the United States jobs. On average, U.S. plants that ex- S. 1719 and Georgia. port overseas pay their workers up to At the request of Mrs. MURRAY, the AMENDMENT NO. 2603 name of the Senator from Tennessee 18 percent more than nonexporting At the request of Ms. AYOTTE, the plants. They increase employment 2 to (Mr. ALEXANDER) was added as a co- name of the Senator from Alaska (Ms. sponsor of S. 1719, a bill to amend the 4 percent faster than nonexporting MURKOWSKI) was added as a cosponsor plants. But we can do even better. Public Health Service Act to reauthor- of amendment No. 2603 intended to be ize the poison center national toll-free More than 95 percent of the world’s proposed to S. 1845, a bill to provide for population and 80 percent of the number, national media campaign, and the extension of certain unemployment grant program, and for other purposes. world’s purchasing power is outside of benefits, and for other purposes. the United States. To succeed in to- S. 1733 AMENDMENT NO. 2608 day’s world, our farmers, ranchers, and At the request of Ms. KLOBUCHAR, the At the request of Mr. BLUMENTHAL, job creators must be able to fairly ac- name of the Senator from Arizona (Mr. the name of the Senator from Oregon cess the world market. MCCAIN) was added as a cosponsor of S. (Mr. MERKLEY) was added as a cospon- The PRESIDING OFFICER. The Sen- 1733, a bill to stop exploitation through sor of amendment No. 2608 intended to ator from Montana. trafficking. be proposed to S. 1845, a bill to provide Mr. BAUCUS. I hope everyone lis- S. 1737 for the extension of certain unemploy- tened to my good friend’s words. He At the request of Mr. HARKIN, the ment benefits, and for other purposes. made very important points about sta- name of the Senator from North Da- AMENDMENT NO. 2613 tistics that I think most Americans are kota (Ms. HEITKAMP) was added as a co- At the request of Mr. PORTMAN, the unaware of, and if they would think sponsor of S. 1737, a bill to provide for names of the Senator from New Hamp- about it more, they would realize the an increase in the Federal minimum shire (Ms. AYOTTE), the Senator from importance of trade. wage and to amend the Internal Rev- Georgia (Mr. CHAMBLISS) and the Sen- We export so much more now. Ex- enue Code of 1986 to extend increased ator from Alaska (Ms. MURKOWSKI) porting is such a large percent of our expensing limitations and the treat- were added as cosponsors of amend- economy and offers such good-paying ment of certain real property as sec- ment No. 2613 intended to be proposed jobs that, frankly, I am perplexed more tion 179 property. to S. 1845, a bill to provide for the ex- Americans don’t want to work harder S. 1798 tension of certain unemployment bene- to get trade agreements passed so we At the request of Mr. WARNER, the fits, and for other purposes. can export more and get more good- names of the Senator from Ohio (Mr. AMENDMENT NO. 2626 paying jobs in America. BROWN), the Senator from Connecticut At the request of Mr. SESSIONS, the I must say that today we have a bold (Mr. MURPHY) and the Senator from names of the Senator from Arkansas plan to strengthen our trade ties with

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.031 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S225 nations across the Pacific and in Eu- critical this legislation is for our Na- eling the world representing our great rope. tion and to commend my friend from country. I will tell my colleagues, What is our goal? Our goal is to seize Montana, the distinguished chairman when we got down to the negotiating new export opportunities so that we of the Finance Committee, for working across the table with another country can boost our economy and create jobs to make Trade Promotion Authority a in terms of how to knock down both here at home. We all know the big to- reality. He has always been a tremen- tariff and nontariff barriers to trade, if and-fro here with unemployment insur- dous leader on international trade, and they didn’t know there was an ability ance. The key is to have fewer people I am glad to stand by his side to ensure with an up-or-down vote to get that unemployed. How does that happen? that the Finance Committee and the trade agreement done in the U.S. Con- More good-paying jobs. Senate considers this job-creating leg- gress with something like trade pro- But there is a big first step we need islation in a fair, thorough, and expedi- motion authority, they would not have to take before we can act on our trade tious manner. put their last and best offer on the agenda. What is that? It is Trade Pro- Mr. BAUCUS. Madam President, I table. That is a reality. motion Authority, otherwise known as thank very much my good friend from Our system is different from most TPA. Utah. As President Kennedy said 52 systems in countries around the world. That is why this afternoon Senator years ago, this is about working with We have to have trade promotion au- HATCH and I introduced the Bipartisan our trade partners to build strength to- thority—that has been our experi- Congressional Trade Priorities Act of gether. It is about maintaining U.S. ence—in order to get these trade agree- 2014. preeminence. That is why TPA is so ments done to help knock down bar- The PRESIDING OFFICER. The Sen- important—because it makes our job- riers to the people in the United States ator from Utah. creating trade agenda work, and it who make the best products in the Mr. HATCH. Our bill will help guar- helps to secure our future. world, who provide the best services in antee these landmark trade deals get I yield the floor. the world and are just looking for a done—and get done right. The PRESIDING OFFICER. The Sen- fair shake and a level playing field. First, the bill updates TPA by ad- ator from Ohio. So these two Senators, by doing this dressing 21st century issues. What are Mr. PORTMAN. Mr. President, I am today, have opened up the possibility these issues? Nonscientific barriers to happy to be on the floor to hear the now for us to have trade agreements news from Senator HATCH and Senator U.S. agricultural products, unfair com- that give us the opportunity to grow BAUCUS that they have reached an petition from state-owned enterprises, our economy and create, as they both agreement on trade promotion author- arbitrary localization barriers which said, good-paying jobs and good bene- ity. I wish to congratulate them on require U.S. companies to turn over fits, and I congratulate them for that. their intellectual property or locate fa- that, working with Chairman CAMP on Mr. HATCH. Mr. President, will my the House side. cilities in a foreign country in order to colleague from Ohio yield? This is incredibly important. These access foreign markets, and unneces- Mr. PORTMAN. I am happy to yield two Senators have worked closely to- sary restrictions on digital trade and to my colleague and ranking member gether, as Republican and Democrat, data which flows across borders. from Utah. over the last few months with the ad- Mr. BAUCUS. That is right. Our bill Mr. HATCH. Mr. President, I wish to ministration to put in place the oppor- also addresses critical issues such as compliment the distinguished Senator tunity for American workers, Amer- labor, environment, and innovation because he served as the US Trade Rep- ican farmers, and American service and for the first time currency manipu- resentative. He traveled all over the providers to be able to sell their goods world. He understands how important lation. Our bill addresses it. and their services on a level playing Senator HATCH and I worked with our these issues are. He understands that field by opening more markets for U.S. good friend from the other body, the without TPA, we wouldn’t be able to products. I congratulate them. It is sad get these particular trade agreements Ways and Means Committee Chairman to me that for the past 5 or 6 years we DAVE CAMP, to carefully craft these ne- haven’t had trade promotion authority, done. He understands how hard we have gotiating objectives and ensure that and without their strong efforts we worked to try to come up with lan- Congress is a full partner in trade ne- still wouldn’t have it today. guage we could all accept in spite of gotiations. It has been noted that this adminis- some of the proclivities of this admin- Our bill helps lay out in clear terms tration, the Obama administration, is istration. what Congress’s priorities are for the first one since FDR not to have He worked diligently with both sides trade. It is our opportunity to tell the asked for even the ability to open these of the aisle on these issues as the U.S. administration and our partners over- markets through what is called trade Trade Representative and continues to seas what we must see in an agreement promotion authority and its prede- as a member of the Senate Finance if it is going to be approved by Con- cessors until last March. So until last Committee. I am so grateful we have gress. spring they hadn’t even asked for it. him on the Senate Finance Committee, It boosts congressional oversight, in- They did ask for it, and thanks to the with all of his knowledge and his expe- creases transparency in trade negotia- hard work of these two Senators and rience, to be able to help us on these tions, and it gives every Member of Congressman CAMP, we are now going particular issues. Congress the right to a strong voice in to have that opportunity. This gives I was a little nonplussed last week the process. our workers, our farmers, and our serv- when one of the leading trade union Mr. HATCH. Madam President, I ice providers the ability to access these presidents in this country got on tele- want to praise the distinguished chair- markets Senator BAUCUS and Senator vision and was decrying international man of the Ways and Means Committee HATCH spoke about. trade. I made the point a little bit ear- over in the House. He has worked long It is critical to economic growth. If lier that it means tremendous numbers and hard on these issues and is not we look at the growth in the last two of jobs, high-paying jobs, growth in our only a great partner to the two of us or three recoveries, much of it was be- economy. It is hard for me to under- but to every Senator. cause of expanding exports. We all be- stand why anybody in the union move- What the Senator from Montana just lieve the current level of economic ment would be against these free-trade said is absolutely right. Our bill em- growth is disappointing. It is anemic policies. They basically allow us to ex- powers Congress, but it also empowers growth. We are looking at long-term port our goods while, yes, we import our negotiators. Its approval will help unemployment being at historic levels, others, but that is what free trade is all them conclude high-standard agree- as we have spoken about on the floor about. ments that will open new markets for all week. One solution, clearly, is for I wish to personally express my very U.S. exports, ultimately bringing jobs the United States to do more export- high opinion of the distinguished Sen- and economic growth to the United ing, and we can’t do that without trade ator from Ohio because I can tell my States. promotion authority. colleagues that we are so lucky to have Lastly, before I turn back to the I speak as a former U.S. Trade Rep- him in the Senate with all of his expe- chairman, I just want to say again how resentative who had the honor of trav- rience in this particular area but in

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.023 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S226 CONGRESSIONAL RECORD — SENATE January 9, 2014 many other areas as well. He was at My understanding is—and we know This is pioneering work they have done OMB as well. There are very few Sen- this better than anybody—that unfor- in this area. We have to ensure that ators in this body who can claim they tunately President Obama was unable currency levels are appropriate, that have experience equivalent to that of to travel to Southeast Asia to attend there are not unfair trade advantages our distinguished friend from Ohio. I the ASEAN conference, and many peo- being given by countries that depre- personally express my admiration and ple around the world are wondering ciate their currency by interfering in my resolve to help him help those on whether the United States is going to it. the other side of the aisle understand show up anymore in Asia. So I believe it is about trade, and how important his words are here If the Senator could address how im- that is very important for our workers today, how important it is to have free portant is it that we engage countries and our farmers and our service pro- trade, and how important it is to have in the Pacific as we negotiate a Trans- viders, but, second, it does have this trade promotion authority so we can Pacific Partnership, including the eco- geopolitical element where those coun- have free trade. nomic reasons, but also if he could ad- tries in the Asia Pacific area are allies Every President since FDR—includ- dress the geopolitical issue, the degree of ours and are looking to us to develop ing him—has been for trade promotion to which it is important for the United a stronger relationship on the commer- authority—every President. States to negotiate a successful agree- cial side but also on the intergovern- There is a fear around here amongst ment and to be there, to show up. mental side to be able to ensure that some of the Democrats that the unions Mr. PORTMAN. Reclaiming my time, the U.S. role continues in that area. are going to turn against them. My I appreciate the question from my col- I think this TPA that these Senators gosh, the Unions are going to be main league from Montana. I will say just have negotiated today that they are beneficiaries of major trade legislation. based on his question that we are going announcing is incredibly important be- It is hard for me to comprehend how to miss his wisdom and his experience cause it is the first step toward the they can even make a semi-argument on the trade issue. He takes some polit- Trans-Pacific Partnership and other against this matter. Hopefully, they ical risks sometimes, I know, as he did agreements we can complete, as we will realize this is in their interests, in coming up with an agreement on just have recently under the old TPA, too, because it puts us in the real trade promotion authority, because with South Korea, with Panama, with world, getting real jobs that have high- there are many on both sides of the Colombia—countries where we are see- er pay than we wouldn’t otherwise get aisle—especially his side of the aisle— ing expansion of exports as well as a if we didn’t have these free-trade who take a different view of this issue. stronger relationship with key coun- agreements and if we aren’t able to get He has been willing to help to educate tries in the region. TPA passed. I suspect we will get this them as to why this is in the interests Mr. BAUCUS. Mr. President, if I passed in large measure. I think, with of Montana farmers and ranchers and might ask one more question very the distinguished chairman of the com- workers. briefly, and that is this. One more op- mittee, my friend who has just spoken, Senator HATCH spoke earlier about portunity here with trade promotion will be one of the main reasons why we the impact of trade on the people he authority—with trade promotion au- do. represents. thority, clearly we are going to get a Mr. BAUCUS. Mr. President, will the My colleague is absolutely right. The Trans-Pacific Partnership agreement, Senator from Ohio yield for a question? trade promotion authority enables us and without trade promotion author- Mr. PORTMAN. I am glad to yield. Mr. BAUCUS. Mr. President, first of to take that step toward things such as ity, we won’t. Other countries will go all, I wish to ask my good friend from the Trans-Pacific Partnership, called their ways in the Pacific and wonder, Ohio if he could expand on what I think TPP—a lot of alphabet soup here with where is the United States? There is another issue in addition to is a very important point, and it is TPA to TPP. That is important, as the that. I wonder whether my good friend namely this: With the world becoming Senator just said, because this is the more competitive and with fastest growing region of the world— would agree with this. Not only does globalization, it is evermore important these are the Pacific countries, coun- trade promotion authority enable our for the United States of America to tries in South American but also in country to negotiate trade agreements strive ahead and to keep working to de- Asia; it is where the majority of the with the Pacific—TPP—but isn’t it velop good products, good high-tech- global GDP is now; and it is an area also true that it allows the United nology products, and to compete in the where, frankly, because of China’s States, with the passage of the TPA, to world. I believe, frankly, when we are strong interest in trade, other coun- negotiate with European countries? treading water, we are sinking. We tries in the region are looking to the And doesn’t that mean that between have to keep moving ahead if we are United States to provide not only a Asia TPP and TTIP with the European going to make products and boost in- market but also to help them with re- countries, that it is about 70 percent of comes and help the American people. gard to their own markets; therefore, world trade and is an opportunity for That leads me to another point. If more U.S. exports, more of that, as my the United States to lead in the harmo- the Senator could tell us a little more colleague said. The best technology in nization of trade provisions and regu- and explain to, frankly, some people the world is in the United States, the latory provisions not only in Asia and who may not realize this, what is in- best products in the world that are in the Pacific but also in Europe? It is volved in TPP. What is TPP? Of course, made here—to be able to export to an opportunity to lead? And if we don’t we need trade promotion authority in those countries. So they want to have pass TPA, is the United States squan- order to get TPP. this relationship with us. dering a huge opportunity to lead here Isn’t it important, isn’t it critical, As a future Ambassador to China, I in a way that would raise productivity isn’t it crucial that the United States will stipulate that I think the Senator and raise incomes not just in our coun- include a strong Trans-Pacific Partner- from Montana understands this issue try but in other countries of the world? ship agreement not only for economic very well. But what this Trans-Pacific Mr. PORTMAN. Reclaiming my time, reasons but also for geopolitical rea- Partnership does is two things. the Senator is absolutely right. The al- sons to show to the world, to show to No. 1, it expands trade in an area of ternative is not to pass a trade pro- Asian countries that are wondering the world that again is the fastest motion authority and to have continue where the United States is—is the growing part of our globe and a place to happen what has frankly been going United States going to show up? Is the where the tariffs and nontariff barriers on over the last 6 or 7 years, which is United States going to maintain its are higher, relatively speaking, than these other countries around the world presence in Asia? What will happen if they are here. In other words, by low- are actively negotiating agreements, we don’t pass trade promotion author- ering barriers we get a relative advan- as the Senator from Montana says, ity? How will that affect the Trans-Pa- tage. using their own standards but also cific Partnership negotiations, and This agreement also, I hope, will deal opening markets for their workers, what effect will that have on other with the currency issue, as my col- their farmers, and their service pro- countries in Asia and their perception leagues have negotiated in this trade viders, and cutting us out of market of the United States? promotion authority, which I support. share.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.025 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S227 So what has happened is the Euro- as we finally finish these confirmation SA 2639. Mr. REID (for Mr. NELSON) sub- pean Union, the Chinese, the Cana- proceedings—than having passed TPA, mitted an amendment intended to be pro- dians, and others have been actively which enables us to do free trade agree- posed by Mr. REID, of NV to the resolution S. Res. 312, supra. pursuing agreements while we have ments all over the world and enables been on the sidelines because we have our fellow countries to realize that we f not had trade promotion authority. So can get it done. TEXT OF AMENDMENTS not only does this give us an oppor- I want to pay tribute to the chair- SA 2627. Mr. SCOTT submitted an tunity, with this possible agreement man, as well as my colleague from amendment intended to be proposed by with the European Union—which would Ohio, for their work in this area, and to him to the bill S. 1845, to provide for be an agreement not like a free trade say that this country will be much the the extension of certain unemployment agreement but would be a partnership better once we pass TPA and then get benefits, and for other purposes; which on investment, on standards, on being these trade agreements done so the was ordered to lie on the table; as fol- sure there is a harmonization that is United States resumes its role in the lows: more like the beneficial metrics that world as the world’s chief economic At the appropriate place, insert the fol- we use in this country that can help competitor, and doing it in a way that lowing: both in our economy and, as the Sen- would benefit the whole world but, SEC. ll. MODIFICATION OF DEFINITION OF ator says, globally—none of this can more importantly, benefit this coun- FULL-TIME EMPLOYEE. happen without us being able to say we try. (a) FULL-TIME EQUIVALENTS.—Paragraph So I want to thank my colleague (2)(E) of section 4980H(c) of the Internal Rev- are going to have the possibility of enue Code of 1986 is amended by striking ‘‘by taking trade agreements to the Con- from Montana, and my colleague from 120’’ and inserting ‘‘by 174’’. gress for an up-or-down vote—a fair Ohio as well. My colleague from Mon- (b) FULL-TIME EMPLOYEES.—Paragraph vote. Every one of these agreements tana is going to be here at least a little (4)(A) of section 4980H(c) of the Internal Rev- will have to be voted on separately be- bit longer, and hopefully we can get enue Code of 1986 is amended by striking ‘‘30 cause in these other countries they will this passed in his honor. I think he de- hours’’ and inserting ‘‘40 hours’’. serves that honor. I know the distin- not put that last, best offer on the SA 2628. Mr. PORTMAN (for himself guished Senator from Ohio and myself table until they know that. They are and Mr. BENNET) submitted an amend- not going to be nickeled and dimed and will do everything in our power to as- ment intended to be proposed by him amended to death as they get to the sist in this matter. to the bill S. 1845, to provide for the ex- Mr. BAUCUS. I thank the Senator. Congress. That is just reality. tension of certain unemployment bene- We have to get off the sidelines. We f fits, and for other purposes; which was have to get reengaged. We have to help AMENDMENTS SUBMITTED AND ordered to lie on the table; as follows: our economy, our workers to get their PROPOSED Add at the end the following: fair share, to get their market share. TITLE II—WORKFORCE DEVELOPMENT Right now we are losing that market SA 2627. Mr. SCOTT submitted an amend- SEC. 201. STEERING FEDERAL TRAINING DOL- share, as literally over 100 trade agree- ment intended to be proposed by him to the bill S. 1845, to provide for the extension of LARS TOWARD SKILLS NEEDED BY ments have been negotiated while we certain unemployment benefits, and for INDUSTRY. (a) DEFINITIONS.—Section 101 of the Work- have been sitting on the sidelines with- other purposes; which was ordered to lie on force Investment Act of 1998 (29 U.S.C. 2801) out having trade promotion authority the table. on both bilateral and regional agree- SA 2628. Mr. PORTMAN (for himself and is amended by adding at the end the fol- lowing: ments. Mr. BENNET) submitted an amendment in- ‘‘(54) CREDENTIAL.— So the Senator is absolutely correct. tended to be proposed by him to the bill S. 1845, supra; which was ordered to lie on the ‘‘(A) INDUSTRY-RECOGNIZED.—The term ‘in- This is a great opportunity for us to, dustry-recognized’, used with respect to a frankly, take this anemic economy and table. SA 2629. Ms. COLLINS submitted an credential, means a credential that is sought give it a little shot in the arm. It is amendment intended to be proposed by her or accepted by employers within the indus- part of an overall effort we ought to be to the bill S. 1845, supra; which was ordered try sector involved as recognized, preferred, doing to provide the kind of economic to lie on the table. or required for recruitment, screening, hir- opportunity we all want for the people SA 2630. Mr. FLAKE submitted an amend- ing, or advancement. If a credential is not we represent. ment intended to be proposed by him to the yet available for a certain skill that is so sought or accepted, completion of an indus- Mr. HATCH. Mr. President, will the bill S. 1845, supra; which was ordered to lie on the table. try-recognized training program shall be Senator yield? considered to be an industry-recognized cre- Mr. PORTMAN. Mr. President, I am SA 2631. Mr. REID (for Mr. REED) proposed an amendment to the bill S. 1845, supra. dential, for the purposes of this paragraph. happy to yield to the Senator from SA 2632. Mr. REID proposed an amendment ‘‘(B) NATIONALLY PORTABLE.—The term ‘na- Utah. to amendment SA 2631 proposed by Mr. REID tionally portable,’ used with respect to cre- The PRESIDING OFFICER. The Sen- (for Mr. REED) to the bill S. 1845, supra. dential, means a credential that is sought or ator from Utah. SA 2633. Mr. REID proposed an amendment accepted as described in subparagraph (A) Mr. HATCH. Mr. President, I think to the bill S. 1845, supra. across multiple States. we should all be listening to this man, SA 2634. Mr. REID proposed an amendment ‘‘(C) REGIONALLY RELEVANT.—The term ‘re- this Senator from Ohio, who has had a to amendment SA 2633 proposed by Mr. REID gionally relevant,’ used with respect to a to the bill S. 1845, supra. credential, means a credential that is deter- wealth of experience not just in budget SA 2635. Mr. REID submitted an amend- mined by the Governor and the head of the matters but also especially in these ment intended to be proposed to amendment State workforce agency to be sought or ac- trade matters. SA 2634 proposed by Mr. REID to the amend- cepted as described in subparagraph (A) in There are 11 countries in the TPP, ment SA 2633 proposed by Mr. REID to the that State and neighboring States. the Trans-Pacific Partnership, and we bill S. 1845, supra. ‘‘(55) STATE WORKFORCE AGENCY.—The term would like to come to an agreement on SA 2636. Mr. PRYOR submitted an amend- ‘State workforce agency’ means the lead it. There are 28 different countries in ment intended to be proposed by him to the State agency with responsibility for work- the European agreement on TTIP that bill S. 1845, supra; which was ordered to lie force investment activities carried out under on the table. subtitle B.’’. we would like to bring to fruition, and SA 2637. Mr. SCOTT (for himself, Mr. BURR, (b) YOUTH ACTIVITIES.—Section 129(c)(1)(C) you can go on from there. and Mr. COBURN) submitted an amendment of the Workforce Investment Act of 1998 (29 Having said that, I cannot com- intended to be proposed by him to the bill S. U.S.C. 2854(c)(1)(C)) is amended— pliment my friend from Ohio enough. 1845, supra; which was ordered to lie on the (1) by redesignating clauses (ii) through But I also want to pay tribute to our table. (iv) as clauses (iii) through (v), respectively; chairman of the committee. He is will- SA 2638. Mr. REID (for Mr. NELSON) sub- and ing to do this. He believes in it. He has mitted an amendment intended to be pro- (2) inserting after clause (i) the following: had plenty of witness that this is the posed by Mr. REID, of NV to the resolution S. ‘‘(ii) training, with priority consideration Res. 312, urging the Government of Iran to given, after consultation with the Governor way to do good trade, and he is willing fulfill their promises of assistance in this and the head of the State workforce agency to stand up and see that it is done. I case of Robert Levinson, one of the longest and beginning not later than 6 months after cannot think of a better sendoff to held Unites States civilians in our Nation’s the date of enactment of the Emergency Un- China as the new Ambassador—as soon history. employment Compensation Extension Act,

VerDate Mar 15 2010 04:30 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.024 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S228 CONGRESSIONAL RECORD — SENATE January 9, 2014 to programs that lead to an industry-recog- prepare a report identifying industry-recog- shall annually prepare and submit to the nized, nationally portable, and regionally nized credentials that are regionally rel- Secretary a report regarding the perform- relevant credential, if the local board deter- evant or nationally portable. The report ance of the State on the outcome measures mines that such programs are available and shall include information on the needs of described in section 112(e)(2)(C). appropriate;’’. each State and of the Nation for such creden- ‘‘(f) EVALUATIONS.— (c) GENERAL EMPLOYMENT AND TRAINING tials. ‘‘(1) IN GENERAL.—Not later than 1 year ACTIVITIES.—Section 134(d)(4)(F) of the ‘‘(3) AVAILABILITY.—The Secretary shall after the conclusion of the transition period Workforce Investment Act of 1998 (29 U.S.C. make the report available and easily search- described in section 112(e)(2)(H), the Sec- 2864(d)(4)(F)) is amended by adding at the end able on a website. retary shall enter into an arrangement for the following: ‘‘(4) RULE OF CONSTRUCTION.—Nothing in an entity to carry out an independent eval- ‘‘(iv) PRIORITY FOR PROGRAMS THAT PROVIDE this subsection shall be construed as an offi- uation of Pay for Performance State pro- AN INDUSTRY-RECOGNIZED, NATIONALLY PORT- cial endorsement of a credential by the De- grams carried out under this subtitle. ABLE, AND REGIONALLY RELEVANT CREDEN- partment of Labor.’’. ‘‘(2) CONTENTS.—For each Pay for Perform- TIAL.—In selecting and approving programs SEC. 202. ESTABLISHING INCENTIVES FOR AC- ance State program, the entity shall evalu- of training services under this section, a one- COUNTABILITY. ate the program design and performance on stop operator and employees of a one-stop (a) PROGRAM.—Subtitle B of title I of the the outcome measures, evaluate (wherever center referred to in subsection (c) shall, Workforce Investment Act of 1998 is amended possible) the level of satisfaction with the after consultation with the Governor and the by inserting after section 112 (29 U.S.C. 2822) program among employers and employees head of the State workforce agency and be- the following: benefiting from the program, and estimate ginning not later than 6 months after the public returns on investment, including such date of enactment of the Emergency Unem- ‘‘SEC. 112A. PAY FOR PERFORMANCE PILOT PRO- GRAM. returns as reduced dependence on public as- ployment Compensation Extension Act, give sistance, reduced unemployment, and in- ‘‘(a) ESTABLISHMENT.— priority consideration to programs (approved creased tax revenue paid by participants ‘‘(1) IN GENERAL.—Not later than 1 year by the appropriate State agency and local exiting the program for employment. board in conjunction with section 122) that after the date of enactment of the Emer- gency Unemployment Compensation Exten- ‘‘(3) REPORT.—The entity shall prepare a lead to an industry-recognized, nationally report containing the results of the evalua- portable, and regionally relevant credential. sion Act, the Secretary of Labor shall estab- lish a Pay for Performance pilot program. tion, and submit the report to the Secretary, ‘‘(v) RULE OF CONSTRUCTION.—Nothing in not later than 18 months after the conclu- clause (iv) or section 129(c)(1)(C) shall be con- The Secretary shall select not fewer than 5 States, including at least 1 rural State and sion of the transition period. strued to require an entity with responsi- ‘‘(g) REPORT TO CONGRESS.—Not later than at least 1 non-rural State, to participate in bility for selecting or approving a workforce 3 months after the submission of the report the pilot program by carrying out a Pay for investment activities program to select a described in subsection (f)(3), the Secretary program that leads to a credential specified Performance State program. shall prepare and submit to Congress a re- in clause (iv).’’. ‘‘(2) VOLUNTARY NATURE OF PROGRAM.— port that contains the results of the evalua- (d) STATE ADMINISTRATION.— Nothing in this subtitle shall be construed to tions described in subsection (f) and rec- (1) GENERAL EMPLOYMENT AND TRAINING AC- require a State to participate in the pilot ommendations. The recommendation shall TIVITIES.—Section 122(b)(2)(D) of the Work- program without the State’s consent. include the Secretary’s opinions concerning force Investment Act of 1998 (29 U.S.C. ‘‘(3) DEFINITION.—In this subsection, the whether the pilot program should be contin- 2842(b)(2)(D)) is amended— term ‘rural State’ means a State that has a ued and whether the pay for performance (A) in clause (ii), by striking ‘‘and’’ at the population density of 52 or fewer persons per model should be expanded within this Act, end; square mile, or a State in which the largest and related considerations. (B) in clause (iii), by striking the period county has fewer than 150,000 people, as de- ‘‘(h) PERFORMANCE.— and inserting ‘‘; and’’; and termined on the basis of the most recent de- ‘‘(1) IN GENERAL.—Except as provided in (C) by adding at the end the following: cennial census of population conducted pur- paragraph (2), section 136 of this Act shall ‘‘(iv) in the case of a provider of a program suant to section 141 of title 13, United States not apply to a State, or a local area in a of training services that leads to an indus- Code. State, with respect to activities carried out try-recognized, nationally portable, and re- ‘‘(b) SUBMISSION OF PLANS.—To be eligible through a Pay for Performance State pro- gionally relevant credential, that the pro- to participate in the pilot program, a State gram. gram leading to the credential meets such shall submit to the Secretary and obtain ap- ‘‘(2) FISCAL AND MANAGEMENT ACCOUNT- quality criteria (which may be accreditation proval of a Pay for Performance plan de- ABILITY INFORMATION SYSTEMS.—Section by a State-recognized, third party accred- scribed in section 112(e) as a supplement to 136(f)(1) shall apply with respect to reporting iting agency) as the Governor (in consulta- the State plan described in section 112. The and monitoring of the use of funds under this tion with representatives of the relevant in- State shall submit the supplement in accord- section for activities described in paragraph dustry sectors and labor groups) shall estab- ance with such process as the Secretary may (1).’’. lish not later than 6 months after the date of specify after consultation with States. (b) PAY FOR PERFORMANCE PLAN.—Section enactment of the Emergency Unemployment ‘‘(c) IMPLEMENTATION.— 112 of the Workforce Investment Act of 1998 Compensation Extension Act.’’. ‘‘(1) IN GENERAL.—In a State that carries (29 U.S.C. 2822) is amended by adding at the (2) YOUTH ACTIVITIES.—Section 123 of the out a Pay for Performance State program, end the following: Workforce Investment Act of 1998 (29 U.S.C. the State shall reserve and the local areas ‘‘(e) PAY FOR PERFORMANCE PLANS.— 2843) is amended by inserting ‘‘(including shall use the amount described in paragraph ‘‘(1) IN GENERAL.—For a State seeking to such quality criteria (which may be accredi- (2) to provide a portion of the training serv- carry out a Pay for Performance State pro- tation by a State-recognized, third party ac- ices authorized under section 134(d)(4) (re- gram (referred to in this subsection as a crediting agency) as the Governor (in con- ferred to in this section as ‘training serv- ‘State program’) under the pilot program de- sultation with representatives of the rel- ices’) under the State’s Pay for Performance scribed in section 112A, the State plan shall evant industry sectors and labor groups) plan, in addition to the other requirements include a plan supplement, consisting of a shall establish not later than 6 months after of this Act. Pay for Performance plan developed by the the date of enactment of the Emergency Un- ‘‘(2) AMOUNT.—The amount reserved under State and local areas in the State. employment Compensation Extension Act paragraph (1) shall be— ‘‘(2) CONTENTS.—The Pay for Performance for a training program that leads to an in- ‘‘(A) a portion of not more than 25 percent, plan shall, with respect to the State pro- dustry-recognized, nationally portable, and as determined by the State, of the funds gram— regionally relevant credential)’’ after available to be allocated under section 133(b) ‘‘(A) provide for technical support to local ‘‘plan’’. within the State, and estimated by the State areas and providers in order to carry out a (e) REPORT ON INDUSTRY-RECOGNIZED CRE- to be available for training services, for the pay for performance model, which shall at a DENTIALS.—Section 122 of the Workforce In- fiscal year involved; and minimum provide assistance with data col- vestment Act of 1998 (29 U.S.C. 2842) is ‘‘(B) a portion of not more than 17.5 per- lection and data entry requirements; amended by adding at the end the following: cent, as determined by the State, of the ‘‘(B) specify target populations who are eli- ‘‘(j) REPORT ON INDUSTRY-RECOGNIZED CRE- grant funds awarded under section 211(b) for gible to receive training services authorized DENTIALS.— the State (which portion shall be taken from under section 134(d)(4) (referred to in this ‘‘(1) DATA COLLECTION.—Each State shall the funds described in paragraphs (2) and (3) subsection as ‘training services’) through the submit to the Secretary data on programs of section 222(a)) for the fiscal year involved. State program, with appropriate consider- determined, under section 129(c)(1)(C) or ‘‘(d) TRAINING AND TECHNICAL ASSIST- ation of and participation targets for special 134(d)(4)(F)(iv), to lead to industry-recog- ANCE.—The Secretary shall provide, by grant participant populations that face multiple nized and regionally relevant credentials, or contract, training and technical assist- barriers to employment, as defined in sec- and on the need of that State for such cre- ance to States, and local areas in States, tion 134(d)(4)(G)(iv); dentials. carrying out a Pay for Performance State ‘‘(C) specify employment placement, em- ‘‘(2) REPORT.—Based on data provided by program. ployment retention, and earnings outcome the States under paragraph (1), the Sec- ‘‘(e) STATE REPORTS.—Each State carrying measures and timetables for each target pop- retary shall annually compile the data and out a Pay for Performance State program ulation;

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S229 ‘‘(D) provide for curricula in terms of com- the extension of certain unemployment (d)(2)(B)(i) for the coverage level selected; petencies required for education and career benefits, and for other purposes; which and advancement that are, where feasible, tied to was ordered to lie on the table; as fol- ‘‘(ii) the amount determined under sub- industry-recognized credentials and related lows: section (d)(2)(B)(ii) for the coverage level se- standards (where the quality of the program lected to cover operating and administrative leading to the credential or standard is rec- At the appropriate place, insert the fol- expenses. lowing: ognized by the State or local area involved), ‘‘(F) In the case of additional coverage or State licensing requirements; SEC. ll. DEFINITION OF FULL-TIME EMPLOYEE. equal to or greater than 70 percent, but less ‘‘(E) describe how the State or local areas Section 4980H(c) of the Internal Revenue than 75 percent, of the recorded or appraised will provide information to participants in Code of 1986 is amended— average yield indemnified at not greater (1) in paragraph (2)(E), by striking ‘‘by 120’’ the State program about appropriate support than 100 percent of the expected market and inserting ‘‘by 174’’; and services, where feasible, including career as- price, or a comparable coverage for a policy (2) in paragraph (4)(A) by striking ‘‘30 sessment and counseling, case management, or plan of insurance that is not based on in- hours’’ and inserting ‘‘40 hours’’. child care, transportation, financial aid, and dividual yield, the amount shall be equal to job placement services; the sum of— SA 2630. Mr. FLAKE submitted an ‘‘(i) 32 percent of the amount of the pre- ‘‘(F) specify a fixed amount that, except as amendment intended to be proposed by provided in subparagraph (H), local areas in mium established under subsection the State will pay to providers of training him to the bill S. 1845, to provide for (d)(2)(B)(i) for the coverage level selected; services in the State program, for each eligi- the extension of certain unemployment and ble participant who achieves the applicable benefits, and for other purposes; which ‘‘(ii) the amount determined under sub- outcome measures or is an excepted partici- was ordered to lie on the table; as fol- section (d)(2)(B)(ii) for the coverage level se- pant described in subparagraph (G)(i), ac- lows: lected to cover operating and administrative cording to the timetables described in sub- On page 6, after line 11, add the following: expenses.’’. paragraph (C), which amount— (b) BUDGETARY EFFECTS.—The budgetary SEC. lll. REDUCTION IN SHARE OF CROP IN- effects of this section, for the purpose of ‘‘(i) shall represent 115 percent of the his- SURANCE PREMIUM PAID BY FED- torical cost of providing training services to ERAL CROP INSURANCE CORPORA- complying with the Statutory Pay-As-You- Go Act of 2010, shall be determined by ref- a participant under this subtitle, as estab- TION. erence to the latest statement titled ‘‘Budg- lished by the State or local area involved; (a) IN GENERAL.—Section 508(e)(2) of the etary Effects of PAYGO Legislation’’ for this and Federal Crop Insurance Act (7 U.S.C. section, submitted for printing in the Con- ‘‘(ii) may vary by target population; 1508(e)(2)) is amended— (1) in subparagraph (B)(i), by striking ‘‘67’’ gressional Record by the Chairman of the ‘‘(G) provide assurances that— Senate Budget Committee, provided that ‘‘(i) no funds reserved for the State pro- and inserting ‘‘55’’; (2) in subparagraph (E)(i), by striking ‘‘55’’ such statement has been submitted prior to gram will be paid to a provider for a partici- the vote on passage. pant who does not achieve the outcome and inserting ‘‘24’’; measures according to the timetables, except (3) in subparagraph (F)(i), by striking ‘‘48’’ and inserting ‘‘17’’; SA 2631. Mr. REID (for Mr. REED) for a participant who does not achieve the proposed an amendment to the bill S. outcome measures through no fault of the (4) in subparagraph (G)(i), by striking ‘‘38’’ and inserting ‘‘13’’; 1845, to provide for the extension of provider, as determined by the Governor in certain unemployment benefits, and for consultation with the head of the State (5) by redesignating subparagraphs (C) board, relevant local boards, and at least 1 through (G) as subparagraphs (G) through other purposes; as follows: representative of the State’s providers of (K), respectively; and Strike sections 2 through 6 and insert the (6) by inserting after subparagraph (B) the training services; and following: following: ‘‘(ii) each local area in the State will re- SEC. 2. EXTENSION AND MODIFICATION OF ‘‘(C) In the case of additional coverage allocate funds not paid to a provider, because EMERGENCY UNEMPLOYMENT COM- equal to or greater than 55 percent, but less PENSATION PROGRAM. the achievement described in clause (i) did than 60 percent, of the recorded or appraised (a) EXTENSION.—Section 4007(a)(2) of the not occur, for further activities under the average yield indemnified at not greater Supplemental Appropriations Act, 2008 (Pub- State program in the local area; and than 100 percent of the expected market lic Law 110–252; 26 U.S.C. 3304 note) is amend- ‘‘(H) specify a transition period of not price, or a comparable coverage for a policy ed by striking ‘‘January 1, 2014’’ and insert- more than 1 year during which the reserved or plan of insurance that is not based on in- ing ‘‘November 16, 2014’’. funds may be paid to providers of training dividual yield, the amount shall be equal to (b) MODIFICATIONS RELATING TO WEEKS OF services based on the previous year’s per- the sum of— EMERGENCY UNEMPLOYMENT COMPENSATION.— formance on the core indicators of perform- ‘‘(i) 46 percent of the amount of the pre- (1) NUMBER OF WEEKS IN FIRST TIER BEGIN- ance described in 136(b)(2)(A)(i), in order to mium established under subsection NING AFTER DECEMBER 28, 2013.—Section 4002(b) enable the providers to begin to provide serv- (d)(2)(B)(i) for the coverage level selected; of such Act is amended— ices under the State program and adjust to a and (A) by redesignating paragraph (3) as para- pay for performance model, including adjust- ‘‘(ii) the amount determined under sub- graph (4); ing by— section (d)(2)(B)(ii) for the coverage level se- (B) in paragraph (2)— ‘‘(i) developing partnerships with local em- lected to cover operating and administrative (i) in the heading, by inserting ‘‘, AND ployers; and expenses. WEEKS ENDING BEFORE DECEMBER 30, 2013’’ after ‘‘(ii) seeking financial support and volun- ‘‘(D) In the case of additional coverage ‘‘2012’’; and teer services from private sector sources. equal to or greater than 60 percent, but less (ii) in the matter preceding subparagraph ‘‘(3) APPROVAL.—In determining whether to than 65 percent, of the recorded or appraised (A), by inserting ‘‘, and before December 30, approve the plan supplement, the Secretary average yield indemnified at not greater 2013’’ after ‘‘2012’’; and shall consider the quality of the data system than 100 percent of the expected market (C) by inserting after paragraph (2) the fol- the State will use to track performance on price, or a comparable coverage for a policy lowing: outcome measures in carrying out a Pay for or plan of insurance that is not based on in- ‘‘(3) SPECIAL RULE RELATING TO AMOUNTS Performance plan.’’. dividual yield, the amount shall be equal to ESTABLISHED IN AN ACCOUNT AS OF A WEEK (c) CONFORMING AMENDMENTS.— the sum of— ENDING AFTER DECEMBER 29, 2013.—Notwith- (1) USE OF FUNDS.—Section 211(b)(2) of the ‘‘(i) 38 percent of the amount of the pre- standing any provision of paragraph (1), in Workforce Investment Act of 1998 (20 U.S.C. mium established under subsection the case of any account established as of a 9211(b)(2)) is amended by inserting ‘‘or train- (d)(2)(B)(i) for the coverage level selected; week ending after December 29, 2013— ing services in accordance with section and ‘‘(A) paragraph (1)(A) shall be applied by 112A(c)’’ before the period at the end. ‘‘(ii) the amount determined under sub- substituting ‘24 percent’ for ‘80 percent’; and (2) FUNDING.—Section 223(a) of the Work- section (d)(2)(B)(ii) for the coverage level se- ‘‘(B) paragraph (1)(B) shall be applied by force Investment Act of 1998 (20 U.S.C. lected to cover operating and administrative substituting ‘6 times’ for ‘20 times’.’’. 9223(a)) is amended— expenses. (2) NUMBER OF WEEKS IN SECOND TIER BEGIN- (A) by redesignating paragraph (8) as para- ‘‘(E) In the case of additional coverage NING AFTER DECEMBER 28, 2013.—Section 4002(c) graph (12), and moving that paragraph to the equal to or greater than 65 percent, but less of such Act is amended by adding at the end end of that section 223(a); and than 70 percent, of the recorded or appraised the following: (B) by inserting after paragraph (7) the fol- average yield indemnified at not greater ‘‘(5) SPECIAL RULE RELATING TO AMOUNTS lowing: than 100 percent of the expected market ADDED TO AN ACCOUNT AS OF A WEEK ENDING ‘‘(8) Providing training services in accord- price, or a comparable coverage for a policy AFTER DECEMBER 29, 2013.—Notwithstanding ance with section 112A(c).’’. or plan of insurance that is not based on in- any provision of paragraph (1), if augmenta- dividual yield, the amount shall be equal to tion under this subsection occurs as of a SA 2629. Ms. COLLINS submitted an the sum of— week ending after December 29, 2013— amendment intended to be proposed by ‘‘(i) 42 percent of the amount of the pre- ‘‘(A) paragraph (1)(A) shall be applied by her to the bill S. 1845, to provide for mium established under subsection substituting ‘24 percent’ for ‘54 percent’; and

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‘‘(B) paragraph (1)(B) shall be applied by (c) FUNDING FOR ADMINISTRATION.—Out of pensation which would give rise to a reduc- substituting ‘6 times’ for ‘14 times’.’’. any funds in the Treasury not otherwise ap- tion of benefits under this section, the Com- (c) FUNDING.—Section 4004(e)(1) of the Sup- propriated, there are appropriated to the missioner may require, as a condition of cer- plemental Appropriations Act, 2008 (Public Railroad Retirement Board $250,000 for ad- tification for payment of any benefits under Law 110–252; 26 U.S.C. 3304 note) is amended— ministrative expenses associated with the section 223 to any individual for any month (1) in subparagraph (I), by striking ‘‘and’’ payment of additional extended unemploy- and of any benefits under section 202 for such at the end; ment benefits provided under section month based on such individual’s wages and (2) in subparagraph (J), by inserting ‘‘and’’ 2(c)(2)(D) of the Railroad Unemployment In- self-employment income, that such indi- at the end; and surance Act by reason of the amendments vidual certify— (3) by inserting after subparagraph (J) the made by subsection (a), to remain available ‘‘(A) whether the individual has filed or in- following: until expended. tends to file any claim for unemployment ‘‘(K) the amendments made by subsections SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PRO- compensation, and (a) and (b) of section 2 of the Emergency Un- GRAM AGREEMENTS. ‘‘(B) if the individual has filed a claim, employment Compensation Extension Act;’’. (a) FLEXIBILITY.— whether there has been a decision on such (d) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Subsection (g) of section claim. made by this section shall take effect as if 4001 of the Supplemental Appropriations Act, ‘‘(2) For purposes of paragraph (1), the included in the enactment of the American 2008 (Public Law 110–252; 26 U.S.C. 3304 note) Commissioner may, in the absence of evi- Taxpayer Relief Act of 2012 (Public Law 112– shall not apply with respect to a State that dence to the contrary, rely upon a certifi- 240). has enacted a law before December 1, 2013, cation by the individual that the individual SEC. 3. TEMPORARY EXTENSION OF EXTENDED that, upon taking effect, would violate such has not filed and does not intend to file such BENEFIT PROVISIONS. subsection. a claim, or that the individual has so filed (a) IN GENERAL.—Section 2005 of the Assist- (2) EFFECTIVE DATE.—Paragraph (1) is effec- and no final decision thereon has been made, ance for Unemployed Workers and Strug- tive with respect to weeks of unemployment in certifying benefits for payment pursuant gling Families Act, as contained in Public beginning on or after December 29, 2013. to section 205(i). Law 111–5 (26 U.S.C. 3304 note), is amended— (b) PERMITTING A SUBSEQUENT AGREE- ‘‘(e) Whenever a reduction in total benefits (1) by striking ‘‘December 31, 2013’’ each MENT.—Nothing in title IV of the Supple- based on an individual’s wages and self-em- place it appears and inserting ‘‘November 15, mental Appropriations Act, 2008 (Public Law ployment income is made under this section 2014’’; and 110–252; 26 U.S.C. 3304 note) shall preclude a for any month, each benefit, except the dis- (2) in subsection (c), by striking ‘‘June 30, State whose agreement under such title was ability insurance benefit, shall first be pro- 2014’’ and inserting ‘‘May 15, 2015’’. terminated from entering into a subsequent portionately decreased, and any excess of (b) EXTENSION OF MATCHING FOR STATES agreement under such title on or after the such reduction over the sum of all such bene- WITH NO WAITING WEEK.—Section 5 of the date of the enactment of this Act if the fits other than the disability insurance ben- Unemployment Compensation Extension Act State, taking into account the application of efit shall then be applied to such disability of 2008 (Public Law 110–449; 26 U.S.C. 3304 subsection (a), would otherwise meet the re- insurance benefit. note) is amended by striking ‘‘June 30, 2014’’ quirements for an agreement under such ‘‘(f)(1) Notwithstanding any other provi- and inserting ‘‘May 15, 2015’’. title. sion of law, the head of any Federal agency (c) EXTENSION OF MODIFICATION OF INDICA- shall provide such information within its TORS UNDER THE EXTENDED BENEFIT PRO- SEC. 7. REDUCTION IN BENEFITS BASED ON RE- CEIPT OF UNEMPLOYMENT COM- possession as the Commissioner may require GRAM.—Section 203 of the Federal-State Ex- PENSATION. for purposes of making a timely determina- tended Unemployment Compensation Act of (a) IN GENERAL.—Title II of the Social Se- tion of the amount of the reduction, if any, 1970 (26 U.S.C. 3304 note) is amended— curity Act (42 U.S.C. 401 et seq.) is amended required by this section in benefits payable (1) in subsection (d), by striking ‘‘Decem- by inserting after section 224 the following under this title, or verifying other informa- ber 31, 2013’’ and inserting ‘‘November 15, new section: tion necessary in carrying out the provisions 2014’’; and ‘‘REDUCTION IN BENEFITS BASED ON RECEIPT OF of this section. (2) in subsection (f)(2), by striking ‘‘Decem- ‘‘(2) The Commissioner is authorized to UNEMPLOYMENT COMPENSATION ber 31, 2013’’ and inserting ‘‘November 15, enter into agreements with States, political 2014’’. ‘‘SEC. 224A (a)(1) If for any month prior to subdivisions, and other organizations that (d) EFFECTIVE DATE.—The amendments the month in which an individual attains re- administer unemployment compensation, in made by this section shall take effect as if tirement age (as defined in section order to obtain such information as the Com- included in the enactment of the American 216(l)(1))— missioner may require to carry out the pro- Taxpayer Relief Act of 2012 (Public Law 112– ‘‘(A) such individual is entitled to benefits visions of this section. 240). under section 223, and ‘‘(g) For purposes of this section, the term SEC. 4. EXTENSION OF FUNDING FOR REEMPLOY- ‘‘(B) such individual is entitled for such ‘unemployment compensation’ has the mean- MENT SERVICES AND REEMPLOY- month to unemployment compensation, ing given that term in section 85(b) of the In- MENT AND ELIGIBILITY ASSESS- the total of the individual’s benefits under MENT ACTIVITIES. ternal Revenue Code of 1986, and the total section 223 for such month and of any bene- (a) IN GENERAL.—Section 4004(c)(2)(A) of amount of unemployment compensation to the Supplemental Appropriations Act, 2008 fits under section 202 for such month based which an individual is entitled shall be de- (Public Law 110–252; 26 U.S.C. 3304 note) is on the individual’s wages and self-employ- termined prior to any applicable reduction amended by striking ‘‘through fiscal year ment income shall be reduced (but not below under State law based on the receipt of bene- 2014’’ and inserting ‘‘through August 15 of zero) by the total amount of unemployment fits under section 202 or 223.’’. fiscal year 2015’’. compensation received by such individual for (b) CONFORMING AMENDMENT.—Section (b) EFFECTIVE DATE.—The amendments such month. 224(a) of the Social Security Act (42 U.S.C. made by this section shall take effect as if ‘‘(2) The reduction of benefits under para- 424a(a)) is amended, in the matter preceding included in the enactment of the American graph (1) shall apply to any past-due benefits paragraph (1), by striking ‘‘the age of 65’’ and Taxpayer Relief Act of 2012 (Public Law 112– under section 223 for any month in which the inserting ‘‘retirement age (as defined in sec- 240). individual was entitled to— tion 216(l)(1))’’. SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT ‘‘(A) benefits under such section, and (c) EFFECTIVE DATE.—The amendments BENEFITS UNDER THE RAILROAD ‘‘(B) unemployment compensation. made by subsections (a) and (b) shall apply UNEMPLOYMENT INSURANCE ACT. ‘‘(b) If any unemployment compensation is to benefits payable for months beginning on (a) EXTENSION.—Section 2(c)(2)(D)(iii) of payable to an individual on other than a or after the date that is 12 months after the the Railroad Unemployment Insurance Act monthly basis (including a benefit payable date of enactment of this section. (45 U.S.C. 352(c)(2)(D)(iii)) is amended— as a lump sum to the extent that it is a com- SEC. 8. EXTENSION OF DIRECT SPENDING RE- (1) by striking ‘‘June 30, 2013’’ and insert- mutation of, or a substitute for, such peri- DUCTIONS FOR FISCAL YEAR 2024. ing ‘‘May 15, 2014’’; and odic compensation), the reduction under this Section 251A(6)(B) of the Balanced Budget (2) by striking ‘‘December 31, 2013’’ and in- section shall be made at such time or times and Emergency Deficit Control Act of 1985 (2 serting ‘‘November 15, 2014’’. and in such amounts as the Commissioner of U.S.C. 901a(6)(B)) is amended in the matter (b) CLARIFICATION ON AUTHORITY TO USE Social Security (referred to in this section as preceding clause (i) by striking ‘‘for fiscal FUNDS.—Funds appropriated under either the the ‘Commissioner’) determines will approxi- year 2022 and for fiscal year 2023’’ and insert- first or second sentence of clause (iv) of sec- mate as nearly as practicable the reduction ing ‘‘for each of fiscal years 2022, 2023, and tion 2(c)(2)(D) of the Railroad Unemploy- prescribed by subsection (a). 2024’’. ment Insurance Act shall be available to ‘‘(c) Reduction of benefits under this sec- SEC. 9. BUDGETARY EFFECTS. cover the cost of additional extended unem- tion shall be made after any applicable re- (a) PAYGO SCORECARD.—The budgetary ef- ployment benefits provided under such sec- ductions under section 203(a) and section 224, fects of this Act shall not be entered on ei- tion 2(c)(2)(D) by reason of the amendments but before any other applicable deductions ther PAYGO scorecard maintained pursuant made by subsection (a) as well as to cover under section 203. to section 4(d) of the Statutory Pay-As-You- the cost of such benefits provided under such ‘‘(d)(1) Subject to paragraph (2), if the Go Act of 2010 (2 U.S.C. 933(d)). section 2(c)(2)(D), as in effect on the day be- Commissioner determines that an individual (b) SENATE PAYGO SCORECARD.—The budg- fore the date of enactment of this Act. may be eligible for unemployment com- etary effects of this Act shall not be entered

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.038 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S231 on any PAYGO scorecard maintained for vidual on a weekly basis demonstrating that peal is expressed in terms of an amendment purposes of section 201 of S. Con. Res. 21 the individual has performed such service to, or repeal of, a section or other provision, (110th Congress). during the previous week. the amendment or repeal shall be considered ‘‘(2) EXCEPTIONS.—For purposes of the pub- to be made to a section or other provision of SA 2632. Mr. REID proposed an lic service requirement under subsection the Workforce Investment Act of 1998 (29 amendment to amendment SA 2631 pro- (a)(19), an individual shall be deemed to have U.S.C. 2801 et seq.). posed by Mr. REID (for Mr. REED) to the satisfied such requirement for that week if SEC. 203. APPLICATION TO FISCAL YEARS. bill S. 1845, to provide for the extension the individual— Except as otherwise provided, this title ‘‘(A) provides tangible evidence to the and the amendments made by this title shall of certain unemployment benefits, and State agency demonstrating that such indi- apply with respect to fiscal year 2015 and for other purposes; as follows: vidual was unable to perform the required succeeding fiscal years. At the end, add the following: public service for that week due to an illness Subtitle A—Amendment to the Workforce This Act shall become effective 1 day after or family emergency; Investment Act of 1998 enactment. ‘‘(B) is a parent of a qualifying child (as de- CHAPTER 1—WORKFORCE INVESTMENT fined in section 152(c)) and provides tangible DEFINITIONS SA 2633. Mr. REID proposed an evidence to the State agency demonstrating SEC. 206. DEFINITIONS. an inability to perform the required number amendment to the bill S. 1845, to pro- Section 101 (29 U.S.C. 2801) is amended— of hours of public service due to responsi- vide for the extension of certain unem- (1) by striking paragraph (2) and inserting bility for child care; or ployment benefits, and for other pur- the following: ‘‘(C) provides tangible evidence of a bona ‘‘(2) ADULT EDUCATION AND FAMILY LIT- poses; as follows: fide attempt to perform public service and, ERACY EDUCATION ACTIVITIES.—The term At the end, add the following: pursuant to such criteria as is determined ‘adult education and family literacy edu- This Act shall become effective 3 days appropriate by the State agency, is deter- cation activities’ has the meaning given the after enactment. mined to be unable to perform such service term in section 203.’’; due to a lack of available public service op- (2) by striking paragraphs (13) and (24); SA 2634. Mr. REID proposed an portunities in the area in which the indi- amendment to amendment SA 2633 pro- vidual resides. (3) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and para- posed by Mr. REID to the bill S. 1845, to ‘‘(3) PERFORMANCE OF WORK ACTIVITIES.— graphs (14) through (23) as paragraphs (15) provide for the extension of certain un- ‘‘(A) IN GENERAL.—The total number of hours of public service required under sub- through (24), respectively; employment benefits, and for other (4) by striking paragraphs (52) and (53); purposes; as follows: section (a)(19) shall be reduced by 1 hour for each hour during that week that an indi- (5) by inserting after ‘‘In this title:’’ the In the amendment, strike ‘‘3 days’’ and in- vidual performs work activities. following new paragraphs: sert ‘‘4 days’’. ‘‘(B) DEFINITION OF WORK ACTIVITIES.—For ‘‘(1) ACCRUED EXPENDITURES.—The term purposes of subparagraph (A), the term ‘work ‘accrued expenditures’ means— SA 2635. Mr. REID submitted an activities’ has the same meaning as provided ‘‘(A) charges incurred by recipients of amendment intended to be proposed to under subsection (d) of section 407 of the So- funds under this title for a given period re- amendment SA 2634 proposed by Mr. cial Security Act, except that such activities quiring the provision of funds for goods or other tangible property received; REID to the amendment SA 2633 pro- shall not include job searching, as described ‘‘(B) charges incurred for services per- posed by Mr. REID to the bill S. 1845, to in paragraph (6) of such subsection.’’. (b) EFFECTIVE DATE.— formed by employees, contractors, sub- provide for the extension of certain un- (1) IN GENERAL.—Except as provided in grantees, subcontractors, and other payees; employment benefits, and for other paragraph (2), the amendments made by this and purposes; as follows: section shall take effect on the date that is ‘‘(C) other amounts becoming owed, under In the amendment, strike ‘‘4 days’’ and in- 6 months after the date of the enactment of programs assisted under this title, for which sert ‘‘5 days’’. this Act. no current services or performance is re- (2) DELAY PERMITTED IF STATE LEGISLATION quired, such as amounts for annuities, insur- SA 2636. Mr. PRYOR submitted an REQUIRED.—In the case of a State which the ance claims, and other benefit payments. amendment intended to be proposed by Secretary of Labor determines requires ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- him to the bill S. 1845, to provide for State legislation (other than legislation ap- ministrative costs’ means expenditures in- propriating funds) in order for the State law curred by State boards and local boards, di- the extension of certain unemployment to meet the additional requirements imposed rect recipients (including State grant recipi- benefits, and for other purposes; which by the amendments made by subsection (a), ents under subtitle B and recipients of was ordered to lie on the table; as fol- the State law shall not be regarded as failing awards under subtitles C and D), local grant lows: to comply with the requirements of section recipients, local fiscal agents or local grant At the end, add the following: 3304(a)(19) of the Internal Revenue Code of subrecipients, and one-stop operators in the SEC. 7. REQUIREMENT FOR PARTICIPATION IN 1986, as added by such amendments, solely on performance of administrative functions and PUBLIC SERVICE AS A CONDITION the basis of the failure of the State law to in carrying out activities under this title FOR RECEIPT OF EXTENDED UNEM- meet such additional requirements before that are not related to the direct provision PLOYMENT BENEFITS. the 1st day of the 1st calendar quarter begin- of workforce investment activities (includ- (a) IN GENERAL.—Section 3304 of the Inter- ning after the close of the 1st regular session ing services to participants and employers). nal Revenue Code of 1986 (relating to ap- of the State legislature that begins after the Such costs include both personnel and non- proval of State unemployment compensation date of the enactment of this Act. For pur- personnel expenditures and both direct and laws) is amended— poses of the previous sentence, in the case of indirect expenditures.’’; (1) in subsection (a)— a State that has a 2-year legislative session, (6) in paragraph (3) (as so redesignated), by (A) in paragraph (18), by striking ‘‘and’’ at each year of such session shall be deemed to striking ‘‘Except in sections 127 and 132, the’’ the end; be a separate regular session of the State and inserting ‘‘The’’; (B) by redesignating paragraph (19) as legislature. (7) by amending paragraph (5) (as so redes- paragraph (20); and ignated) to read as follows: (C) by inserting after paragraph (18) the SA 2637. Mr. SCOTT (for himself, Mr. ‘‘(5) AREA CAREER AND TECHNICAL EDU- following new paragraph: BURR, and Mr. COBURN) submitted an CATION SCHOOL.—The term ‘area career and ‘‘(19) extended compensation, including amendment intended to be proposed by technical education school’ has the meaning any such compensation under a temporary him to the bill S. 1845, to provide for given the term in section 3(3) of the Carl D. program, shall not be payable to an indi- the extension of certain unemployment Perkins Career and Technical Education Act vidual for any week in which such individual benefits, and for other purposes; which of 2006 (20 U.S.C. 2302(3)).’’; does not perform at least 10 hours of public was ordered to lie on the table; as fol- (8) in paragraph (6) (as so redesignated), by inserting ‘‘(or such other level as the Gov- service (as described in subsection (g)); and’’; lows: and ernor may establish)’’ after ‘‘8th grade (2) by adding at the end the following new At the end, insert the following: level’’; subsection: TITLE II—SUPPORTING KNOWLEDGE AND (9) in paragraph (10)(C) (as so redesig- ‘‘(g) PUBLIC SERVICE.— INVESTING IN LIFELONG SKILLS nated), by striking ‘‘not less than 50 percent ‘‘(1) IN GENERAL.—For purposes of sub- SEC. 201. SHORT TITLE. of the cost of the training’’ and inserting ‘‘a section (a)(19), the term ‘public service’ This title may be cited as the ‘‘Supporting significant portion of the cost of training, as means unpaid service by an individual to a Knowledge and Investing in Lifelong Skills determined by the local board involved (or, Federal, State, or local agency (as permitted Act’’ or the ‘‘SKILLS Act’’. in the case of an employer in multiple local in accordance with applicable Federal, State, SEC. 202. REFERENCES. areas in the State, as determined by the and local law), with tangible evidence to be Except as otherwise expressly provided, Governor), taking into account the size of provided to the State agency by the indi- wherever in this title an amendment or re- the employer and such other factors as the

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.038 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S232 CONGRESSIONAL RECORD — SENATE January 9, 2014 local board or Governor, respectively, deter- (17) in paragraph (32), by striking ‘‘the Re- ance described in subparagraph (A), and may mines to be appropriate’’; public of the Marshall Islands, the Federated include a bonus payment to such provider, (10) in paragraph (11) (as so redesignated)— States of Micronesia,’’; which may be used to expand the capacity of (A) in subparagraph (A)(ii)(II), by striking (18) by amending paragraph (33) to read as such provider; ‘‘section 134(c)’’ and inserting ‘‘section follows: ‘‘(C) the ability for an eligible provider to 121(e)’’; ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term recoup the costs of providing the activities (B) in subparagraph (B)(iii)— ‘out-of-school youth’ means— for a program participant who has not (i) by striking ‘‘134(d)(4)’’ and inserting ‘‘(A) an at-risk youth who is a school drop- achieved those levels, but for whom the pro- ‘‘134(c)(4)’’; and out; or vider is able to demonstrate that such par- (ii) by striking ‘‘intensive services de- ‘‘(B) an at-risk youth who has received a ticipant gained specific competencies re- scribed in section 134(d)(3)’’ and inserting secondary school diploma or its recognized quired for education and career advancement ‘‘work ready services described in section equivalent but is basic skills deficient, un- that are, where feasible, tied to industry-rec- employed, or underemployed.’’; 134(c)(2)’’; ognized credentials and related standards, or (19) in paragraph (38), by striking (C) in subparagraph (C), by striking ‘‘or’’ State licensing requirements; and ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; after the semicolon; ‘‘(D) the ability for an eligible provider (20) in paragraph (41), by striking ‘‘, and that does not meet the requirements under (D) in subparagraph (D), by striking the pe- the term means such Secretary for purposes riod and inserting ‘‘; or’’; and section 122(a)(2) to participate in such pay- of section 503’’; for-performance contract and to not be re- (E) by adding at the end the following: (21) in paragraph (43), by striking ‘‘clause ‘‘(E)(i) is the spouse of a member of the quired to report on the performance and cost (iii) or (v) of section 136(b)(3)(A)’’ and insert- information required under section 122(d). Armed Forces on active duty for a period of ing ‘‘section 136(b)(3)(A)(iii)’’; more than 30 days (as defined in section ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN- (22) by amending paragraph (49) to read as TIAL.—The term ‘recognized postsecondary 101(d)(2) of title 10, United States Code) who follows: credential’ means a credential awarded by a has experienced a loss of employment as a di- ‘‘(49) VETERAN.—The term ‘veteran’ has the provider of training services or postsec- rect result of relocation to accommodate a same meaning given the term in section ondary educational institution based on permanent change in duty station of such 2108(1) of title 5, United States Code.’’; completion of all requirements for a program member; or (23) by amending paragraph (50) to read as of study, including coursework or tests or ‘‘(ii) is the spouse of a member of the follows: other performance evaluations. The term Armed Forces on active duty (as defined in ‘‘(50) CAREER AND TECHNICAL EDUCATION.— means an industry-recognized credential, a section 101(d)(1) of title 10, United States The term ‘career and technical education’ certificate of completion of a registered ap- Code) who meets the criteria described in has the meaning given the term in section 3 prenticeship program, or an associate or bac- paragraph (12)(B).’’; of the Carl D. Perkins Career and Technical calaureate degree from an institution de- (11) in paragraph (12)(A) (as redesignated)— Education Act of 2006 (20 U.S.C. 2302).’’; scribed in section 122(a)(2)(A)(i). (A) by striking ‘‘and’’ after the semicolon (24) in paragraph (51), by striking ‘‘, and a ‘‘(57) REGISTERED APPRENTICESHIP PRO- and inserting ‘‘or’’; youth activity’’; and GRAM.—The term ‘registered apprenticeship (B) by striking ‘‘(A)’’ and inserting (25) by adding at the end the following: program’ means a program described in sec- ‘‘(52) AT-RISK YOUTH.—Except as provided ‘‘(A)(i)’’; and tion 122(a)(2)(B).’’. (C) by adding at the end the following: in subtitle C, the term ‘at-risk youth’ means CHAPTER 2—STATEWIDE AND LOCAL ‘‘(ii) is the spouse of a member of the an individual who— WORKFORCE INVESTMENT SYSTEMS Armed Forces on active duty for a period of ‘‘(A) is not less than age 16 and not more more than 30 days (as defined in section than age 24; SEC. 211. PURPOSE. 101(d)(2) of title 10, United States Code) ‘‘(B) is a low-income individual; and Section 106 (29 U.S.C. 2811) is amended by whose family income is significantly reduced ‘‘(C) is an individual who is one or more of adding at the end the following: ‘‘It is also because of a deployment (as defined in sec- the following: the purpose of this subtitle to provide work- tion 991(b) of title 10, United States Code, or ‘‘(i) A secondary school dropout. force investment activities in a manner that pursuant to paragraph (4) of such section), a ‘‘(ii) A youth in foster care (including enhances employer engagement, promotes call or order to active duty pursuant to a youth aging out of foster care). customer choices in the selection of training provision of law referred to in section ‘‘(iii) A youth offender. services, and ensures accountability in the use of taxpayer funds.’’. 101(a)(13)(B) of title 10, United States Code, a ‘‘(iv) A youth who is an individual with a permanent change of station, or the service- disability. SEC. 212. STATE WORKFORCE INVESTMENT BOARDS. connected (as defined in section 101(16) of ‘‘(v) A migrant youth. ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— Section 111 (29 U.S.C. 2821) is amended— title 38, United States Code) death or dis- The term ‘industry or sector partnership’ (1) in subsection (b)— ability of the member; and’’; means a partnership of— (A) in paragraph (1)— (12) in paragraph (13) (as so redesignated), ‘‘(A) a State board or local board; and (i) by striking subparagraph (B); by inserting ‘‘or regional’’ after ‘‘local’’ each ‘‘(B) one or more industry or sector organi- (ii) by redesignating subparagraph (C) as place it appears; zations, and other entities, that have the ca- subparagraph (B); and (13) in paragraph (14) (as so redesignated)— pability to help the State board or local (iii) in subparagraph (B) (as so redesig- (A) in subparagraph (A), by striking ‘‘sec- board determine the immediate and long- nated)— tion 122(e)(3)’’ and inserting ‘‘section 122’’; term skilled workforce needs of in-demand (I) by amending clause (i)(I), by striking (B) by striking subparagraph (B), and in- industries or sectors and other occupations ‘‘section 117(b)(2)(A)(i)’’ and inserting ‘‘sec- serting the following: important to the State or local economy, re- tion 117(b)(2)(A)’’; ‘‘(B) work ready services, means a provider spectively. (II) by amending clause (i)(II) to read as who is identified or awarded a contract as ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— follows: described in section 117(d)(5)(C); or’’; The term ‘industry-recognized credential’ ‘‘(II) represent businesses, including large (C) by striking subparagraph (C); and means a credential that is sought or accept- and small businesses, each of which has im- (D) by redesignating subparagraph (D) as ed by companies within the industry sector mediate and long-term employment opportu- subparagraph (C); involved, across multiple States, as recog- nities in an in-demand industry or other oc- (14) in paragraph (15) (as so redesignated), nized, preferred, or required for recruitment, cupation important to the State economy; by striking ‘‘adult or dislocated worker’’ and screening, or hiring and is awarded for com- and’’; inserting ‘‘individual’’; pletion of a program listed or identified (III) by striking clause (iii) and inserting (15) in paragraph (20), by striking ‘‘The’’ under subsection (d) or (i) of section 122, for the following: and inserting ‘‘Subject to section the local area involved. ‘‘(iii) a State agency official responsible 116(a)(1)(E), the’’; ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT for economic development; and’’; (16) in paragraph (25)— STRATEGY.—The term ‘pay-for-performance (IV) by striking clauses (iv) through (vi); (A) in subparagraph (B), by striking ‘‘high- contract strategy’ means a strategy in which (V) by amending clause (vii) to read as fol- er of—’’ and all that follows through clause a pay-for-performance contract to provide a lows: (ii) and inserting ‘‘poverty line for an equiva- program of employment and training activi- ‘‘(vii) such other representatives and State lent period;’’; ties incorporates provisions regarding— agency officials as the Governor may des- (B) by redesignating subparagraphs (D) ‘‘(A) the core indicators of performance de- ignate, including— through (F) as subparagraphs (E) through scribed in subclauses (I) through (IV) and ‘‘(I) members of the State legislature; (G), respectively; and (VI) of section 136(b)(2)(A)(i); ‘‘(II) representatives of individuals and or- (C) by inserting after subparagraph (C) the ‘‘(B) a fixed amount that will be paid to an ganizations that have experience with re- following: eligible provider of such employment and spect to youth activities; ‘‘(D) receives or is eligible to receive a free training activities for each program partici- ‘‘(III) representatives of individuals and or- or reduced price lunch under the Richard B. pant who, within a defined timetable, ganizations that have experience and exper- Russell National School Lunch Act (42 U.S.C. achieves the agreed-to levels of performance tise in the delivery of workforce investment 1751 et seq.);’’; based upon the core indicators of perform- activities, including chief executive officers

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of community colleges and community-based ‘‘(f) STAFF.—The State board may employ (III) by striking ‘‘and’’ at the end of clause organizations within the State; staff to assist in carrying out the functions (iii); ‘‘(IV) representatives of the lead State described in subsection (d).’’; and (IV) by amending clause (iv) to read as fol- agency officials with responsibility for the (7) in subsection (g), by inserting ‘‘elec- lows: programs and activities that are described in tronic means and’’ after ‘‘on a regular basis ‘‘(iv) how the State will serve the employ- section 121(b) and carried out by one-stop through’’. ment and training needs of dislocated work- partners; or SEC. 213. STATE PLAN. ers (including displaced homemakers), low- ‘‘(V) representatives of veterans service or- Section 112 (29 U.S.C. 2822)— income individuals (including recipients of ganizations.’’; and (1) in subsection (a)— public assistance such as supplemental nu- (VI) by redesignating clause (vii) (as so (A) by striking ‘‘127 or’’; and trition assistance program benefits pursuant amended) as clause (iv); and (B) by striking ‘‘5-year strategy’’ and in- to the Food and Nutrition Act of 2008 (7 (B) by amending paragraph (3) to read as serting ‘‘3-year strategy’’; U.S.C. 2011 et seq.)), long-term unemployed follows: (2) in subsection (b)— individuals (including individuals who have ‘‘(3) MAJORITY.—A 2⁄3 majority of the mem- (A) by amending paragraph (4) to read as exhausted entitlement to Federal and State bers of the board shall be representatives de- follows: unemployment compensation), English scribed in paragraph (1)(B)(i).’’; ‘‘(4) information describing— learners, homeless individuals, individuals (2) in subsection (c), by striking ‘‘(A) the economic conditions in the State; training for nontraditional employment, ‘‘(b)(1)(C)(i)’’ and inserting ‘‘(b)(1)(B)(i)’’; ‘‘(B) the immediate and long-term skilled youth (including out-of-school youth and at- (3) by amending subsection (d) to read as workforce needs of in-demand industries, risk youth), older workers, ex-offenders, mi- follows: small businesses, and other occupations im- grant and seasonal farmworkers, refugees ‘‘(d) FUNCTIONS.—The State board shall as- portant to the State economy; and entrants, veterans (including disabled sist the Governor of the State as follows: ‘‘(C) the knowledge and skills of the work- and homeless veterans), and Native Ameri- ‘‘(1) STATE PLAN.—Consistent with section force in the State; and cans; and’’; and 112, the State board shall develop a State ‘‘(D) workforce development activities (in- (V) by adding at the end the following new plan. cluding education and training) in the clause: ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT State;’’; ‘‘(v) how the State will— SYSTEM.—The State board shall review and (B) by amending paragraph (7) to read as ‘‘(I) consistent with section 188 and Execu- develop statewide policies and programs in follows: tive Order No. 13217 (42 U.S.C. 12131 note), the State in a manner that supports a com- ‘‘(7) a description of the State criteria for serve the employment and training needs of prehensive statewide workforce development determining the eligibility of training serv- individuals with disabilities; and system that will result in meeting the work- ices providers in accordance with section 122, ‘‘(II) consistent with sections 504 and 508 of force needs of the State and its local areas. including how the State will take into ac- the Rehabilitation Act of 1973 (29 U.S.C. 794, Such review shall include determining count the performance of providers and 794d), include the provision of outreach, in- whether the State should consolidate addi- whether the training services relate to in-de- take, assessments, and service delivery, the tional amounts for additional activities or mand industries and other occupations im- development of performance measures, the programs into the Workforce Investment portant to the State economy;’’; training of staff, and other aspects of acces- Fund in accordance with section 501(e). (C) by amending paragraph (8) to read as sibility for individuals with disabilities to ‘‘(3) WORKFORCE AND LABOR MARKET INFOR- follows: programs and services under this subtitle;’’; MATION SYSTEM.—The State board shall de- ‘‘(8)(A) a description of the procedures that and velop a statewide workforce and labor mar- will be taken by the State to assure coordi- (ii) in subparagraph (B), by striking ‘‘to ket information system described in section nation of, and avoid duplication among, the the extent practicable’’ and inserting ‘‘in ac- 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– programs and activities identified under sec- cordance with the requirements of the Jobs 2(e)), which may include using information tion 501(b)(2); and for Veterans Act (Public Law 107–288) and the collected under Federal law other than this ‘‘(B) a description of and an assurance re- amendments made by such Act’’; and Act by the State economic development en- garding common data collection and report- (L) by striking paragraph (17) (as so redes- tity or a related entity in developing such ing processes used for the programs and ac- ignated) and inserting the following: system. tivities described in subparagraph (A), which ‘‘(17) a description of the strategies and ‘‘(4) EMPLOYER ENGAGEMENT.—The State are carried out by one-stop partners, includ- services that will be used in the State— board shall develop strategies, across local ing— ‘‘(A) to more fully engage employers, in- areas, that meet the needs of employers and ‘‘(i) an assurance that such processes use cluding small businesses and employers in support economic growth in the State by en- quarterly wage records for performance in-demand industries and occupations impor- hancing communication, coordination, and measures described in section 136(b)(2)(A) tant to the State economy; collaboration among employers, economic that are applicable to such programs or ac- ‘‘(B) to meet the needs of employers in the development entities, and service providers. tivities; or State; and ‘‘(5) DESIGNATION OF LOCAL AREAS.—The ‘‘(ii) if such wage records are not being ‘‘(C) to better coordinate workforce devel- State board shall designate local areas as re- used for the performance measures, an iden- opment programs with economic develop- quired under section 116. tification of the barriers to using such wage ment activities; ‘‘(6) ONE-STOP DELIVERY SYSTEM.—The records and a description of how the State ‘‘(18) a description of how the State board State board shall identify and disseminate will address such barriers within 1 year of will convene (or help to convene) industry or information on best practices for effective the approval of the plan;’’; sector partnerships that lead to collabo- operation of one-stop centers, including use (D) in paragraph (9), by striking ‘‘, includ- rative planning, resource alignment, and of innovative business outreach, partner- ing comment by representatives of busi- training efforts across a targeted cluster of ships, and service delivery strategies. nesses and representatives of labor organiza- multiple firms for a range of workers em- ‘‘(7) PROGRAM OVERSIGHT.—The State board tions,’’; ployed or potentially employed by the indus- shall conduct the following program over- (E) in paragraph (11), by striking ‘‘under try or sector— sight: sections 127 and 132’’ and inserting ‘‘under ‘‘(A) to encourage industry growth and ‘‘(A) Reviewing and approving local plans section 132’’; competitiveness and to improve worker under section 118. (F) by striking paragraph (12); training, retention, and advancement in the ‘‘(B) Ensuring the appropriate use and (G) by redesignating paragraphs (13) industry or sector; management of the funds provided for State through (18) as paragraphs (12) through (17), ‘‘(B) to address the immediate and long- employment and training activities author- respectively; term skilled workforce needs of in-demand ized under section 134. (H) in paragraph (12) (as so redesignated), industries, small businesses, and other occu- ‘‘(C) Preparing an annual report to the by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; pations important to the State economy; and Secretary described in section 136(d). (I) in paragraph (13) (as so redesignated), ‘‘(C) to address critical skill gaps within ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS- by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; and across industries and sectors; URES.—The State board shall develop and en- (J) in paragraph (14) (as so redesignated), ‘‘(19) a description of how the State will sure continuous improvement of comprehen- by striking ‘‘116(a)(5)’’ and inserting utilize technology, to facilitate access to sive State performance measures, including ‘‘116(a)(3)’’; services in remote areas, which may be used State adjusted levels of performance, as de- (K) in paragraph (16) (as so redesignated)— throughout the State; scribed under section 136(b).’’; (i) in subparagraph (A)— ‘‘(20) a description of the State strategy (4) by striking subsection (e) and redesig- (I) in clause (ii)— and assistance to be provided by the State nating subsection (f) as subsection (e); (aa) by striking ‘‘to dislocated workers’’; for encouraging regional cooperation within (5) in subsection (e) (as so redesignated), by and the State and across State borders, as appro- inserting ‘‘or participate in any action (bb) by inserting ‘‘and additional assist- priate; taken’’ after ‘‘vote’’; ance’’ after ‘‘rapid response activities’’; ‘‘(21) a description of the actions that will (6) by inserting after subsection (e) (as so (II) in clause (iii), by striking ‘‘134(d)(4)’’ be taken by the State to foster communica- redesignated), the following: and inserting ‘‘134(c)(4)’’; tion, coordination, and partnerships with

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S234 CONGRESSIONAL RECORD — SENATE January 9, 2014 nonprofit organizations (including public li- such manner, and containing such informa- (III) by redesignating subclauses (I) braries, community, faith-based, and philan- tion as the State board may require, includ- through (III) as clauses (i) through (iii), re- thropic organizations) that provide employ- ing— spectively (and by moving the margins of ment-related, training, and complementary ‘‘(i) a description of the local area, includ- such clauses 2 ems to the left); services, to enhance the quality and com- ing the population that will be served by the (IV) by striking clause (ii) (as so redesig- prehensiveness of services available to par- local area, and the education and training nated) and inserting the following: ticipants under this title; needs of its employers and workers; ‘‘(ii) represent businesses, including large ‘‘(22) a description of the process and meth- ‘‘(ii) a description of how the local area is and small businesses, each of which has im- odology for determining— consistent or aligned with— mediate and long-term employment opportu- ‘‘(A) one-stop partner program contribu- ‘‘(I) service delivery areas (as determined nities in an in-demand industry or other oc- tions for the costs of infrastructure of one- by the State); cupation important to the local economy; stop centers under section 121(h)(1); and ‘‘(II) labor market areas; and and’’; and ‘‘(B) the formula for allocating such infra- ‘‘(III) economic development regions; (V) by striking the semicolon at the end of structure funds to local areas under section ‘‘(iii) a description of the eligible providers clause (iii) (as so redesignated) and inserting 121(h)(3); of education and training, including postsec- ‘‘; and’’; and ‘‘(23) a description of the strategies and ondary educational institutions such as com- (ii) by amending subparagraph (B) to read services that will be used in the State to as- munity colleges, located in the local area as follows: sist at-risk youth and out-of-school youth in and available to meet the needs of the local ‘‘(B) may include such other individuals or acquiring the education and skills, creden- workforce; representatives of entities as the chief elect- tials (including recognized postsecondary ‘‘(iv) a description of the distance that in- ed official in the local area may determine credentials, such as industry-recognized cre- dividuals will need to travel to receive serv- to be appropriate, including— dentials), and employment experience to suc- ices provided in such local area; and ‘‘(i) the superintendent or other employee ceed in the labor market, including— ‘‘(v) any other criteria that the State of the local educational agency who has pri- ‘‘(A) training and internships in in-demand board may require. mary responsibility for secondary education, industries or occupations important to the ‘‘(C) PRIORITY.—In designating local areas the presidents or chief executive officers of State and local economy; under this paragraph, a State board shall postsecondary educational institutions (in- ‘‘(B) dropout recovery activities that are give priority consideration to an area pro- cluding a community college, where such an designed to lead to the attainment of a reg- posed by an applicant demonstrating that a entity exists), or administrators of local en- ular secondary school diploma or its recog- designation as a local area under this para- tities providing adult education and family nized equivalent, or other State-recognized graph will result in the reduction of overlap- literacy education activities; equivalent (including recognized alternative ping service delivery areas, local market ‘‘(ii) representatives of community-based standards for individuals with disabilities); areas, or economic development regions. organizations (including organizations rep- and resenting individuals with disabilities and ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A ‘‘(C) activities combining remediation of State may designate an area proposed by an veterans, for a local area in which such orga- academic skills, work readiness training, applicant as a local area under this para- nizations are present); or and work experience, and including linkages graph for a period not to exceed 3 years. ‘‘(iii) representatives of veterans service to postsecondary education and training and organizations.’’; ‘‘(E) REFERENCES.—For purposes of this career-ladder employment; and (B) in paragraph (4)— Act, a reference to a local area— ‘‘(24) a description of— (i) by striking ‘‘A majority’’ and inserting ‘‘(i) used with respect to a geographic area, ‘‘(A) how the State will furnish employ- ‘‘A 2⁄3 majority’’; and refers to an area designated under this para- ment, training, including training in ad- (ii) by striking ‘‘(2)(A)(i)’’ and inserting graph; and vanced manufacturing, supportive, and ‘‘(2)(A)’’; and ‘‘(ii) used with respect to an entity, refers placement services to veterans, including (C) in paragraph (5), by striking ‘‘(2)(A)(i)’’ to the applicant.’’; disabled and homeless veterans; and inserting ‘‘(2)(A)’’; (B) by amending paragraph (2) to read as ‘‘(B) the strategies and services that will (2) in subsection (c)— follows: be used in the State to assist in and expedite (A) in paragraph (1), by striking subpara- reintegration of homeless veterans into the ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary graph (C); and labor force; and shall, if requested by the Governor of a (B) in paragraph (3)(A)(ii), by striking ‘‘(C) the veterans population to be served State, provide the State with technical as- ‘‘paragraphs (1) through (7)’’ and inserting in the State.’’; sistance in making the determinations re- ‘‘paragraphs (1) through (8)’’; (3) in subsection (c), by striking ‘‘period, quired under paragraph (1). The Secretary (3) by amending subsection (d) to read as that—’’ and all that follows through para- shall not issue regulations governing deter- follows: graph (2) and inserting ‘‘period, that the plan minations to be made under paragraph (1).’’; ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The is inconsistent with the provisions of this (C) by striking paragraph (3); functions of the local board shall include the title.’’; and (D) by striking paragraph (4); following: (4) in subsection (d), by striking ‘‘5-year’’ (E) by redesignating paragraph (5) as para- ‘‘(1) LOCAL PLAN.—Consistent with section and inserting ‘‘3-year’’. graph (3); and 118, each local board, in partnership with the SEC. 214. LOCAL WORKFORCE INVESTMENT (F) in paragraph (3) (as so redesignated), by chief elected official for the local area in- AREAS. striking ‘‘(2) or (3)’’ both places it appears volved, shall develop and submit a local plan Section 116 (29 U.S.C. 2831) is amended— and inserting ‘‘(1)’’; to the Governor. (1) in subsection (a)— (2) by amending subsection (b) to read as ‘‘(2) WORKFORCE RESEARCH AND REGIONAL (A) by amending paragraph (1) to read as follows: LABOR MARKET ANALYSIS.— follows: ‘‘(b) SINGLE STATES.—Consistent with sub- ‘‘(A) IN GENERAL.—The local board shall— ‘‘(1) IN GENERAL.— section (a), the State board of a State may ‘‘(i) conduct, and regularly update, an ‘‘(A) PROCESS.—In order to receive an al- designate the State as a single State local analysis of— lotment under section 132, a State, through area for the purposes of this title.’’; and ‘‘(I) the economic conditions in the local the State board, shall establish a process to (3) in subsection (c)— area; designate local workforce investment areas (A) in paragraph (1), by adding at the end ‘‘(II) the immediate and long-term skilled within the State. Such process shall— the following: ‘‘The State may require the workforce needs of in-demand industries and ‘‘(i) support the statewide workforce devel- local boards for the designated region to pre- other occupations important to the local opment system developed under section pare a single regional plan that incorporates economy; 111(d)(2), enabling the system to meet the the elements of the local plan under section ‘‘(III) the knowledge and skills of the workforce needs of the State and its local 118 and that is submitted and approved in workforce in the local area; and areas; lieu of separate local plans under such sec- ‘‘(IV) workforce development activities (in- ‘‘(ii) include consultation, prior to the des- tion.’’; and cluding education and training) in the local ignation, with chief elected officials; (B) in paragraph (2), by striking ‘‘employ- area; and ‘‘(iii) include consideration of comments ment statistics’’ and inserting ‘‘workforce ‘‘(ii) assist the Governor in developing the received on the designation through the pub- and labor market information’’. statewide workforce and labor market infor- lic comment process as described in section SEC. 215. LOCAL WORKFORCE INVESTMENT mation system described in section 15(e) of 112(b)(9); and BOARDS. the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). ‘‘(iv) require the submission of an applica- Section 117 (29 U.S.C. 2832) is amended— ‘‘(B) EXISTING ANALYSIS.—In carrying out tion for approval under subparagraph (B). (1) in subsection (b)— requirements of subparagraph (A)(i), a local ‘‘(B) APPLICATION.—To obtain designation (A) in paragraph (2)— board shall use an existing analysis, if any, of a local area under this paragraph, a local (i) in subparagraph (A)— by the local economic development entity or or regional board (or consortia of local or re- (I) by striking ‘‘include—’’ and all that fol- related entity. gional boards) seeking to take responsibility lows through ‘‘representatives’’ and insert- ‘‘(3) EMPLOYER ENGAGEMENT.—The local for the area under this Act shall submit an ing ‘‘include representatives’’; board shall meet the needs of employers and application to a State board at such time, in (II) by striking clauses (ii) through (vi); support economic growth in the local area by

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enhancing communication, coordination, ‘‘(6) PROGRAM OVERSIGHT.—The local board, ing, and literacy services carried out by non- and collaboration among employers, eco- in partnership with the chief elected official, profit organizations, including public librar- nomic development entities, and service pro- shall be responsible for— ies, as appropriate; viders. ‘‘(A) ensuring the appropriate use and ‘‘(4) a description of how the local board ‘‘(4) BUDGET AND ADMINISTRATION.— management of the funds provided for local will convene (or help to convene) industry or ‘‘(A) BUDGET.— employment and training activities author- sector partnerships that lead to collabo- ‘‘(i) IN GENERAL.—The local board shall de- ized under section 134(b); and rative planning, resource alignment, and velop a budget for the activities of the local ‘‘(B) conducting oversight of the one-stop training efforts across multiple firms for a board in the local area, consistent with the delivery system, in the local area, authorized range of workers employed or potentially requirements of this subsection. under section 121. employed by a targeted industry or sector— ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE ‘‘(ii) TRAINING RESERVATION.—In developing ‘‘(A) to encourage industry growth and a budget under clause (i), the local board MEASURES.—The local board, the chief elect- competitiveness and to improve worker ed official, and the Governor shall negotiate shall reserve a percentage of funds to carry training, retention, and advancement in the and reach agreement on local performance out the activities specified in section targeted industry or sector; measures as described in section 136(c). 134(c)(4). The local board shall use the anal- ‘‘(B) to address the immediate and long- ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The term skilled workforce needs of in-demand ysis conducted under paragraph (2)(A)(i) to local board shall develop strategies for tech- determine the appropriate percentage of industries, small businesses, and other occu- nology improvements to facilitate access to pations important to the local economy; and funds to reserve under this clause. services authorized under this subtitle and ‘‘(C) to address critical skill gaps within ‘‘(B) ADMINISTRATION.— carried out in the local area, including ac- and across industries and sectors; ‘‘(i) GRANT RECIPIENT.—The chief elected cess in remote areas.’’; ‘‘(5) a description of how the funds reserved official in a local area shall serve as the (4) in subsection (e)— under section 117(d)(4)(A)(ii) will be used to local grant recipient for, and shall be liable (A) by inserting ‘‘electronic means and’’ carry out activities described in section for any misuse of, the grant funds allocated after ‘‘regular basis through’’; and 134(c)(4); to the local area under section 133, unless (B) by striking ‘‘and the award of grants or the chief elected official reaches an agree- contracts to eligible providers of youth ac- ‘‘(6) a description of how the local board ment with the Governor for the Governor to tivities,’’; will coordinate workforce investment activi- act as the local grant recipient and bear such (5) in subsection (f)— ties carried out in the local area with state- liability. (A) in paragraph (1)(A), by striking ‘‘sec- wide workforce investment activities, as ap- ‘‘(ii) DESIGNATION.—In order to assist in ad- tion 134(d)(4)’’ and inserting ‘‘section propriate; ministration of the grant funds, the chief 134(c)(4)’’; and ‘‘(7) a description of how the local area elected official or the Governor, where the (B) by striking paragraph (2) and inserting will— Governor serves as the local grant recipient the following: ‘‘(A) coordinate activities with the local for a local area, may designate an entity to ‘‘(2) WORK READY SERVICES; DESIGNATION OR area’s disability community, and with tran- serve as a local grant subrecipient for such CERTIFICATION AS ONE-STOP OPERATORS.—A sition services (as defined under section 602 funds or as a local fiscal agent. Such des- local board may provide work ready services of the Individuals with Disabilities Edu- ignation shall not relieve the chief elected described in section 134(c)(2) through a one- cation Act (20 U.S.C. 1401)) provided under official or the Governor of the liability for stop delivery system described in section 121 that Act by local educational agencies serv- any misuse of grant funds as described in or be designated or certified as a one-stop op- ing such local area, to make available com- clause (i). erator only with the agreement of the chief prehensive, high-quality services to individ- uals with disabilities; ‘‘(iii) DISBURSAL.—The local grant recipi- elected official and the Governor.’’; ent or an entity designated under clause (ii) (6) in subsection (g)(1), by inserting ‘‘or ‘‘(B) consistent with section 188 and Execu- tive Order No. 13217 (42 U.S.C. 12131 note), shall disburse the grant funds for workforce participate in any action taken’’ after serve the employment and training needs of investment activities at the direction of the ‘‘vote’’; and individuals with disabilities, with a focus on local board, pursuant to the requirements of (7) by striking subsections (h) and (i). employment that fosters independence and this title. The local grant recipient or entity SEC. 216. LOCAL PLAN. integration into the workplace; and designated under clause (ii) shall disburse Section 118 (29 U.S.C. 2833) is amended— ‘‘(C) consistent with sections 504 and 508 of the funds immediately on receiving such di- (1) in subsection (a), by striking ‘‘5-year’’ the Rehabilitation Act of 1973 (29 U.S.C. 794, rection from the local board. and inserting ‘‘3-year’’; 794d), include the provision of outreach, in- ‘‘(C) STAFF.—The local board may employ (2) by amending subsection (b) to read as take, assessments, and service delivery, the staff to assist in carrying out the functions follows: ‘‘(b) CONTENTS.—The local plan shall in- development of performance measures, the described in this subsection. clude— training of staff, and other aspects of acces- ‘‘(D) GRANTS AND DONATIONS.—The local ‘‘(1) a description of the analysis of the sibility for individuals with disabilities to board may solicit and accept grants and do- local area’s economic and workforce condi- programs and services under this subtitle; nations from sources other than Federal tions conducted under subclauses (I) through ‘‘(8) a description of the local levels of per- funds made available under this Act. (IV) of section 117(d)(2)(A)(i), and an assur- formance negotiated with the Governor and ‘‘(5) SELECTION OF OPERATORS AND PRO- ance that the local board will use such anal- chief elected official pursuant to section VIDERS.— ysis to carry out the activities under this 136(c), to be— ‘‘(A) SELECTION OF ONE-STOP OPERATORS.— subtitle; ‘‘(A) used to measure the performance of Consistent with section 121(d), the local ‘‘(2) a description of the one-stop delivery the local area; and board, with the agreement of the chief elect- system in the local area, including— ‘‘(B) used by the local board for measuring ed official— ‘‘(A) a description of how the local board performance of the local fiscal agent (where ‘‘(i) shall designate or certify one-stop op- will ensure— appropriate), eligible providers, and the one- erators as described in section 121(d)(2)(A); ‘‘(i) the continuous improvement of eligi- stop delivery system, in the local area; and ble providers of services through the system; ‘‘(9) a description of the process used by ‘‘(ii) may terminate for cause the eligi- and the local board, consistent with subsection bility of such operators. ‘‘(ii) that such providers meet the employ- (c), to provide an opportunity for public com- ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAINING ment needs of local businesses and partici- ment prior to submission of the plan; SERVICE PROVIDERS.—Consistent with this pants; and ‘‘(10) a description of how the local area subtitle, the local board shall identify eligi- ‘‘(B) a description of how the local board will serve the employment and training ble providers of training services described will facilitate access to services described in needs of dislocated workers (including dis- in section 134(c)(4) in the local area, annually section 117(d)(8) and provided through the placed homemakers), low-income individuals review the outcomes of such eligible pro- one-stop delivery system consistent with (including recipients of public assistance viders using the criteria under section section 117(d)(8); such as supplemental nutrition assistance 122(b)(2), and designate such eligible pro- ‘‘(3) a description of the strategies and program benefits pursuant to the Food and viders in the local area who have dem- services that will be used in the local area— Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), onstrated the highest level of success with ‘‘(A) to more fully engage employers, in- long-term unemployed individuals (including respect to such criteria as priority eligible cluding small businesses and employers in individuals who have exhausted entitlement providers for the program year following the in-demand industries and occupations impor- to Federal and State unemployment com- review. tant to the local economy; pensation), English learners, homeless indi- ‘‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS ‘‘(B) to meet the needs of employers in the viduals, individuals training for nontradi- OF WORK READY SERVICES.—If the one-stop op- local area; tional employment, youth (including out-of- erator does not provide the services de- ‘‘(C) to better coordinate workforce devel- school youth and at-risk youth), older work- scribed in section 134(c)(2) in the local area, opment programs with economic develop- ers, ex-offenders, migrant and seasonal farm- the local board shall identify eligible pro- ment activities; and workers, refugees and entrants, veterans (in- viders of such services in the local area by ‘‘(D) to better coordinate workforce devel- cluding disabled veterans and homeless vet- awarding contracts. opment programs with employment, train- erans), and Native Americans;

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S236 CONGRESSIONAL RECORD — SENATE January 9, 2014 ‘‘(11) an identification of the entity respon- ‘‘(iii) enter into a local memorandum of partners for appropriate services and activi- sible for the disbursal of grant funds de- understanding with the local board, relating ties, including referrals for training for non- scribed in section 117(d)(4)(B)(iii), as deter- to the operation of the one-stop delivery sys- traditional employment; and mined by the chief elected official or the tem, that meets the requirements of sub- ‘‘(iv) the duration of the memorandum of Governor under such section; section (c); and understanding and the procedures for amend- ‘‘(12) a description of the strategies and ‘‘(iv) participate in the operation of the ing the memorandum during the term of the services that will be used in the local area to one-stop delivery system consistent with the memorandum, and assurances that such assist at-risk youth and out-of-school youth terms of the memorandum of understanding, memorandum shall be reviewed not less than in acquiring the education and skills, cre- the requirements of this title, and the re- once every 3-year period to ensure appro- dentials (including recognized postsecondary quirements of the Federal laws authorizing priate funding and delivery of services under credentials, such as industry-recognized cre- the program or activities carried out by the the memorandum; and’’; dentials), and employment experience to suc- entity.’’; (3) in subsection (d)— ceed in the labor market, including— (B) in paragraph (1)(B)— (A) in the heading for paragraph (1), by ‘‘(A) training and internships in in-demand (i) by striking clauses (ii), (v), and (vi); striking ‘‘DESIGNATION AND CERTIFICATION’’ industries or occupations important to the (ii) by redesignating clauses (iii) and (iv) as and inserting ‘‘LOCAL DESIGNATION AND CER- local economy; clauses (ii) and (iii), respectively; TIFICATION’’; ‘‘(B) dropout recovery activities that are (iii) by redesignating clauses (vii) through (B) in paragraph (2)— designed to lead to the attainment of a reg- (xii) as clauses (iv) through (ix), respec- (i) by striking ‘‘section 134(c)’’ and insert- ular secondary school diploma or its recog- tively; ing ‘‘subsection (e)’’; nized equivalent, or other State-recognized (iv) in clause (ii), as so redesignated, by (ii) by amending subparagraph (A) to read equivalent (including recognized alternative striking ‘‘adult education and literacy ac- as follows: standards for individuals with disabilities); tivities’’ and inserting ‘‘adult education and ‘‘(A) shall be designated or certified as a and family literacy education activities’’ one-stop operator through a competitive ‘‘(C) activities combining remediation of (v) in clause (viii), as so redesignated, by process; and’’; and academic skills, work readiness training, striking ‘‘and’’ at the end; (iii) in subparagraph (B), by striking clause and work experience, and including linkages (vi) in clause (ix), as so redesignated, by (ii) and redesignating clauses (iii) through to postsecondary education and training and striking the period and inserting ‘‘; and’’; (vi) as clauses (ii) through (v), respectively; career-ladder employment; and and ‘‘(13) a description of— (vii) by adding at the end the following: (C) in paragraph (3), by striking ‘‘voca- ‘‘(A) how the local area will furnish em- ‘‘(x) subject to subparagraph (C), programs tional’’ and inserting ‘‘career and technical’’; ployment, training, including training in ad- authorized under part A of title IV of the So- (4) by amending subsection (e) to read as vanced manufacturing, supportive, and cial Security Act (42 U.S.C. 601 et seq.).’’; follows: ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY placement services to veterans, including (C) by inserting after paragraph (1)(B) the SYSTEM.— disabled and homeless veterans; following: ‘‘(1) IN GENERAL.—There shall be estab- ‘‘(B) the strategies and services that will ‘‘(C) DETERMINATION BY THE GOVERNOR.— Each entity carrying out a program de- lished in a State that receives an allotment be used in the local area to assist in and ex- scribed in subparagraph (B)(x) shall be con- under section 132(b) a one-stop delivery sys- pedite reintegration of homeless veterans sidered to be a one-stop partner under this tem, which shall— into the labor force; and title and carry out the required partner ac- ‘‘(A) provide the work ready services de- ‘‘(C) the veteran population to be served in tivities described in subparagraph (A) unless scribed in section 134(c)(2); the local area; the Governor of the State in which the local ‘‘(B) provide access to training services as ‘‘(14) a description of— area is located provides the Secretary and described in paragraph (4) of section 134(c), ‘‘(A) the duties assigned to the veteran em- Secretary of Health and Human Services including serving as the point of access to ployment specialist consistent with the re- written notice of a determination by the career enhancement accounts for training quirements of section 134(f); Governor that such an entity shall not be services to participants in accordance with ‘‘(B) the manner in which the veteran em- considered to be such a partner and shall not paragraph (4)(F) of such section; ployment specialist is integrated into the carry out such required partner activities.’’; ‘‘(C) provide access to the activities car- one-stop career system described in section and ried out under section 134(d), if any; 121; (D) in paragraph (2)— ‘‘(D) provide access to programs and activi- ‘‘(C) the date on which the veteran employ- (i) in subparagraph (A)(i), by striking ‘‘sec- ties carried out by one-stop partners that are ment specialist was assigned; and tion 134(d)(2)’’ and inserting ‘‘section described in subsection (b); and ‘‘(D) whether the veteran employment spe- 134(c)(2)’’; and ‘‘(E) provide access to the data and infor- cialist has satisfactorily completed related (ii) in subparagraph (B)— mation described in subparagraphs (A) and training by the National Veterans’ Employ- (I) by striking clauses (i), (ii), and (v); (B) of section 15(a)(1) of the Wagner-Peyser ment and Training Services Institute; and (II) in clause (iv), by striking ‘‘and’’ at the Act (29 U.S.C. 49l–2(a)(1)). ‘‘(15) such other information as the Gov- end; ‘‘(2) ONE-STOP DELIVERY.—At a minimum, ernor may require.’’; and (III) by redesignating clauses (iii) and (iv) the one-stop delivery system— (3) in subsection (c)— as clauses (i) and (ii), respectively; and ‘‘(A) shall make each of the programs, (A) in paragraph (1), by striking ‘‘such (IV) by adding at the end the following: services, and activities described in para- means’’ and inserting ‘‘electronic means and ‘‘(iii) employment and training programs graph (1) accessible at not less than one such means’’; and administered by the Commissioner of the So- physical center in each local area of the (B) in paragraph (2), by striking ‘‘, includ- cial Security Administration; State; and ing representatives of business and rep- ‘‘(iv) employment and training programs ‘‘(B) may also make programs, services, resentatives of labor organizations,’’. carried out by the Administrator of the and activities described in paragraph (1) SEC. 217. ESTABLISHMENT OF ONE-STOP DELIV- Small Business Administration; available— ERY SYSTEM. ‘‘(v) employment, training, and literacy ‘‘(i) through a network of affiliated sites Section 121 (29 U.S.C. 2841) is amended— services carried out by public libraries; and that can provide one or more of the pro- (1) in subsection (b)— ‘‘(vi) other appropriate Federal, State, or grams, services, and activities to individ- (A) by striking subparagraph (A) of para- local programs, including programs in the uals; and graph (1) and inserting the following: private sector.’’; ‘‘(ii) through a network of eligible one-stop ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- (2) in subsection (c)(2), by amending sub- partners— STOP PARTNERS.—Each entity that carries paragraph (A) to read as follows: ‘‘(I) in which each partner provides one or out a program or activities described in sub- ‘‘(A) provisions describing— more of the programs, services, and activi- paragraph (B) shall— ‘‘(i) the services to be provided through the ties to such individuals and is accessible at ‘‘(i) provide access through a one-stop de- one-stop delivery system consistent with the an affiliated site that consists of a physical livery system to the program or activities requirements of this section, including the location or an electronically- or techno- carried out by the entity, including making manner in which the services will be coordi- logically-linked access point; and the work ready services described in section nated through such system; ‘‘(II) that assures individuals that informa- 134(c)(2) that are applicable to the program ‘‘(ii) how the costs of such services and the tion on the availability of the work ready or activities of the entity available at one- operating costs of such system will be fund- services will be available regardless of where stop centers (in addition to any other appro- ed, through cash and in-kind contributions, the individuals initially enter the statewide priate locations); to provide a stable and equitable funding workforce investment system, including in- ‘‘(ii) use a portion of the funds available to stream for ongoing one-stop system oper- formation made available through an access the program or activities of the entity to ations, including the funding of the costs of point described in subclause (I). maintain the one-stop delivery system, in- infrastructure of one-stop centers in accord- ‘‘(3) SPECIALIZED CENTERS.—The centers cluding payment of the costs of infrastruc- ance with subsection (h); and sites described in paragraph (2) may ture of one-stop centers in accordance with ‘‘(iii) methods of referral of individuals be- have a specialization in addressing special subsection (h); tween the one-stop operator and the one-stop needs.’’; and

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S237 (5) by adding at the end the following: or with the requirements of this paragraph. to facilitate the determination of appro- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- Such procedure shall ensure prompt resolu- priate allocation of the funds and noncash TERS.— tion of the appeal. resources to local areas.’’. ‘‘(1) IN GENERAL.— ‘‘(C) LIMITATIONS.— SEC. 218. IDENTIFICATION OF ELIGIBLE PRO- ‘‘(A) IN GENERAL.—The State board shall ‘‘(i) PROVISION FROM ADMINISTRATIVE VIDERS OF TRAINING SERVICES. establish objective procedures and criteria FUNDS.—The funds provided under this para- Section 122 (29 U.S.C. 2842) is amended to for certifying, at least once every 3 years, graph by a one-stop partner shall be provided read as follows: one-stop centers for the purpose of awarding only from funds available for the costs of ad- ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- the one-stop infrastructure funding described ministration under the program adminis- VIDERS OF TRAINING SERVICES. in subsection (h). tered by such partner, and shall be subject to ‘‘(a) ELIGIBILITY.— ‘‘(B) CRITERIA.—The criteria for certifi- the limitations with respect to the portion of ‘‘(1) IN GENERAL.—The Governor, after con- cation of a one-stop center under this sub- funds under such program that may be used sultation with the State board, shall estab- section shall include— for administration. lish criteria and procedures regarding the ‘‘(i) meeting the expected levels of per- ‘‘(ii) FEDERAL DIRECT SPENDING PRO- eligibility of providers of training services formance for each of the corresponding core GRAMS.— described in section 134(c)(4) to receive funds indicators of performance as outlined in the ‘‘(I) IN GENERAL.—A program that provides provided under section 133(b) for the provi- State plan under section 112; Federal direct spending under section sion of such training services and be included ‘‘(ii) meeting minimum standards relating 250(c)(8) of the Balanced Budget and Emer- on the list of eligible providers of training to the scope and degree of service integra- gency Deficit Control Act of 1985 (2 U.S.C. services described in subsection (d). tion achieved by the center, involving the 900(c)(8)) shall not, for purposes of this para- ‘‘(2) PROVIDERS.—Subject to the provisions programs provided by the one-stop partners; graph, be required to provide more than the of this section, to be eligible to receive the and maximum amount determined under sub- funds and be included on the list, the pro- ‘‘(iii) meeting minimum standards relating clause (II). vider shall be— to how the center ensures that eligible pro- ‘‘(II) MAXIMUM AMOUNT.—The maximum ‘‘(A) a postsecondary educational institu- viders meet the employment needs of local amount for the program is the amount that tion that— employers and participants. bears the same relationship to the costs re- ‘‘(i) is eligible to receive Federal funds ‘‘(C) EFFECT OF CERTIFICATION.—One-stop ferred to in paragraph (2) for the State as the under title IV of the Higher Education Act of centers certified under this subsection shall use of the one-stop centers by such program 1965 (20 U.S.C. 1070 et seq.); and be eligible to receive the infrastructure fund- bears to the use of such centers by all one- ‘‘(ii) provides a program that leads to a ing authorized under subsection (h). stop partner programs in the State. recognized postsecondary credential; ‘‘(2) LOCAL BOARDS.—Consistent with the ‘‘(2) ALLOCATION BY GOVERNOR.—From the ‘‘(B) an entity that carries out programs criteria developed by the State, the local funds provided under paragraph (1), the Gov- under the Act of August 16, 1937 (commonly board may develop, for certification referred ernor shall allocate funds to local areas in known as the ‘National Apprenticeship Act’; to in paragraph (1)(A), additional criteria or accordance with the formula established 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); higher standards on the criteria referred to under paragraph (3) for the purposes of as- or in paragraph (1)(B) to respond to local labor sisting in paying the costs of infrastructure ‘‘(C) another public or private provider of a market and demographic conditions and of one-stop centers certified under sub- program of training services. trends. section (g). ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— ‘‘(3) ALLOCATION FORMULA.—The State VIDERS.—A provider described in subpara- ‘‘(1) PARTNER CONTRIBUTIONS.— board shall develop a formula to be used by graph (A) or (C) of paragraph (2) shall comply ‘‘(A) PROVISION OF FUNDS.—Notwith- the Governor to allocate the funds provided with the criteria and procedures established standing any other provision of law, as de- under paragraph (1) to local areas. The for- under this subsection to be eligible to re- termined under subparagraph (B), a portion mula shall include such factors as the State ceive the funds and be included on the list. A of the Federal funds provided to the State board determines are appropriate, which provider described in paragraph (2)(B) shall and areas within the State under the Federal may include factors such as the number of be eligible to receive the funds and be in- laws authorizing the one-stop partner pro- centers in a local area that have been cer- cluded on the list with respect to programs grams described in subsection (b)(1)(B) and tified, the population served by such centers, described in paragraph (2)(B) for so long as participating additional partner programs and the performance of such centers. the provider remains certified by the Sec- described in subsection (b)(2)(B), for a fiscal ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- retary of Labor to carry out the programs. year shall be provided to the Governor by poses of this subsection, the term ‘costs of ‘‘(b) CRITERIA.— such partners to carry out this subsection. infrastructure’ means the nonpersonnel costs ‘‘(1) IN GENERAL.—The criteria established ‘‘(B) DETERMINATION OF GOVERNOR.— that are necessary for the general operation by the Governor pursuant to subsection (a) ‘‘(i) IN GENERAL.—Subject to subparagraph of a one-stop center, including the rental shall take into account— (C), the Governor, in consultation with the costs of the facilities involved, and the costs ‘‘(A) the performance of providers of train- State board, shall determine the portion of of utilities and maintenance, and equipment ing services with respect to the performance funds to be provided under subparagraph (A) (including assistive technology for individ- measures described in section 136, measures by each one-stop partner and in making such uals with disabilities). for other matters for which information is determination shall consider the propor- ‘‘(i) OTHER FUNDS.— required under paragraph (2), and other ap- tionate use of the one-stop centers in the ‘‘(1) IN GENERAL.—In addition to the funds propriate measures of performance outcomes State by each such partner, the costs of ad- provided under subsection (h), a portion of for those participants receiving training ministration for purposes not related to one- funds made available under Federal law au- services under this subtitle; stop centers for each such partner, and other thorizing the one-stop partner programs de- ‘‘(B) whether the training programs of such relevant factors described in paragraph (3). scribed in subsection (b)(1)(B) and partici- providers relate to in-demand industries or ‘‘(ii) SPECIAL RULE.—In those States where pating additional partner programs de- occupations important to the local economy; the State constitution places policy-making scribed in subsection (b)(2)(B), or the ‘‘(C) the need to ensure access to training authority that is independent of the author- noncash resources available under such 2 services throughout the State, including in ity of the Governor in an entity or official types of programs, shall be used to pay the rural areas; with respect to the funds provided for adult costs relating to the operation of the one- ‘‘(D) the ability of the providers to offer education and family literacy education ac- stop delivery system that are not paid for programs that lead to a recognized postsec- tivities authorized under title II and for from the funds provided under subsection (h), ondary credential, and the quality of such postsecondary career and technical edu- to the extent not inconsistent with the Fed- programs; cation activities authorized under the Carl eral law involved. Such portion shall be used ‘‘(E) the performance of the providers as D. Perkins Career and Technical Education to pay for costs including— reflected in the information such providers Act of 2006 (20 U.S.C. 2301 et seq.), the deter- ‘‘(A) costs of infrastructure (as defined in are required to report to State agencies with mination described in clause (i) with respect subsection (h)) that are in excess of the funds respect to other Federal and State programs to the corresponding 2 programs shall be provided under subsection (h); (other than the program carried out under made by the Governor with the appropriate ‘‘(B) common costs that are in addition to this subtitle), including one-stop partner entity or official with such independent pol- the costs of infrastructure (as so defined); programs; and icy-making authority. and ‘‘(F) such other factors as the Governor de- ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The ‘‘(C) the costs of the provision of work termines are appropriate. Governor shall establish a procedure for the ready services applicable to each program. ‘‘(2) INFORMATION.—The criteria estab- one-stop partner administering a program ‘‘(2) DETERMINATION AND STANDARDS.—The lished by the Governor shall require that a described in subsection (b) and subparagraph method for determining the appropriate por- provider of training services submit appro- (A) to appeal a determination regarding the tion of funds and noncash resources to be priate, accurate, and timely information to portion of funds to be provided under this provided by each program under paragraph the State for purposes of carrying out sub- paragraph on the basis that such determina- (1) shall be determined as part of the memo- section (d), with respect to participants re- tion is inconsistent with the requirements randum of understanding under subsection ceiving training services under this subtitle described in the State plan for the program (c). The State board shall provide standards in the applicable program, including—

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S238 CONGRESSIONAL RECORD — SENATE January 9, 2014 ‘‘(A) information on recognized postsec- under subparagraph (A) or (B) shall be liable ‘‘(3) reserve not more than 25 percent of ondary credentials received by such partici- for the repayment of funds received under the total amount appropriated under section pants; chapter 5 during a period of noncompliance 137 for a fiscal year to carry out the Jobs ‘‘(B) information on costs of attendance for described in such subparagraph. For purposes Corps program under subtitle C; such participants; of subparagraph (A), that period shall be con- ‘‘(4) reserve not more than 3.5 percent of ‘‘(C) information on the program comple- sidered to be the period beginning on the the total amount appropriated under section tion rate for such participants; and date on which the inaccurate information de- 137 for a fiscal year to— ‘‘(D) information on the performance of the scribed in subparagraph (A) was supplied, ‘‘(A) make grants to State boards or local provider with respect to the performance and ending on the date of the termination boards to provide employment and training measures described in section 136 for such described in subparagraph (A). assistance to workers affected by major eco- participants. ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be nomic dislocations, such as plant closures, ‘‘(3) RENEWAL.—The criteria established by construed to provide remedies and penalties mass layoffs, or closures and realignments of the Governor shall also provide for a review that supplement, but do not supplant, other military installations; and on the criteria every 3 years and renewal of civil and criminal remedies and penalties. ‘‘(B) provide assistance to Governors of eligibility under this section for providers of ‘‘(f) AGREEMENTS WITH OTHER STATES.—A States with an area that has suffered an training services. State may enter into an agreement with an- emergency or a major disaster (as such ‘‘(4) LOCAL CRITERIA.—A local board in the other State, on a reciprocal basis, to permit terms are defined in paragraphs (1) and (2), State may establish criteria in addition to eligible providers of training services to ac- respectively, of section 102 of the Robert T. the criteria established by the Governor, or cept career enhancement accounts provided Stafford Disaster Relief and Emergency As- may require higher levels of performance in the other State. sistance Act (42 U.S.C. 5122)) to provide dis- than required on the criteria established by ‘‘(g) RECOMMENDATIONS.—In developing the aster relief employment in the area; and the Governor, for purposes of determining criteria (including requirements for related ‘‘(5) from the remaining amount appro- the eligibility of providers of training serv- information) and procedures required under priated under section 137 for a fiscal year ices under this section in the local area in- this section, the Governor shall solicit and (after reserving funds under paragraphs (1) volved. take into consideration the recommenda- through (4)), make allotments in accordance ‘‘(5) LIMITATION.—In carrying out the re- tions of local boards and providers of train- with subsection (b) of this section.’’; and quirements of this subsection, no entity may ing services within the State. (2) by amending subsection (b) to read as disclose personally identifiable information ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— follows: regarding a student, including a Social Secu- During the development of the criteria and ‘‘(b) WORKFORCE INVESTMENT FUND.— rity number, student identification number, procedures, and the list of eligible providers ‘‘(1) RESERVATION FOR OUTLYING AREAS.— or other identifier, without the prior written required under this section, the Governor ‘‘(A) IN GENERAL.—From the amount made consent of the parent or student in compli- shall provide an opportunity for interested available under subsection (a)(5) for a fiscal ance with section 444 of the General Edu- members of the public to submit comments year, the Secretary shall reserve not more 1 cation Provisions Act (20 U.S.C. 1232g). regarding such criteria, procedures, and list. than ⁄4 of 1 percent to provide assistance to the outlying areas. ‘‘(c) PROCEDURES.—The procedures estab- ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED ‘‘(B) RESTRICTION.—The Republic of Palau lished under subsection (a) shall— TRAINING EXCEPTION.— shall cease to be eligible to receive funding ‘‘(1) identify— ‘‘(1) IN GENERAL.—Providers of on-the-job ‘‘(A) the application process for a provider training or customized training shall not be under this paragraph upon entering into an agreement for extension of United States of training services to become eligible under subject to the requirements of subsections educational assistance under the Compact of this section; and (a) through (d). Free Association (approved by the Compact ‘‘(B) the respective roles of the State and ‘‘(2) COLLECTION AND DISSEMINATION OF IN- of Free Association Amendments Act of 2003 local areas in receiving and reviewing appli- FORMATION.—A one-stop operator in a local (Public Law 108–188) after the date of enact- cations and in making determinations of eli- area shall collect such performance informa- ment of the SKILLS Act. gibility based on the criteria established tion from on-the-job training and customized ‘‘(2) STATES.— under this section; and training providers as the Governor may re- ‘‘(A) IN GENERAL.—After determining the ‘‘(2) establish a process, for a provider of quire, determine whether the providers meet amount to be reserved under paragraph (1), training services to appeal a denial or termi- such performance criteria as the Governor nation of eligibility under this section, that the Secretary shall allot the remainder of may require, and disseminate information the amount referred to in subsection (a)(5) includes an opportunity for a hearing and identifying providers that meet the criteria for a fiscal year to the States pursuant to prescribes appropriate time limits to ensure as eligible providers, and the performance in- subparagraph (B) for employment and train- prompt resolution of the appeal. formation, through the one-stop delivery ing activities and statewide workforce in- ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS system. Providers determined to meet the vestment activities. IN CHOOSING PROVIDERS.—In order to facili- criteria shall be considered to be identified tate and assist participants under chapter 5 ‘‘(B) FORMULA.—Subject to subparagraphs as eligible under this section, to be providers (C) and (D), of the remainder— in choosing providers of training services, of the training services involved.’’. the Governor shall ensure that an appro- ‘‘(i) 25 percent shall be allotted on the SEC. 219. GENERAL AUTHORIZATION. priate list of providers determined eligible basis of the relative number of unemployed under this section in the State, including in- Chapter 5 of subtitle B of title I is amend- individuals in areas of substantial unemploy- formation provided under subsection (b)(2) ed— ment in each State, compared to the total with respect to such providers, is provided to (1) by striking the heading for chapter 5 number of unemployed individuals in areas the local boards in the State and is made and inserting the following: ‘‘EMPLOYMENT of substantial unemployment in all States; available to such participants and to mem- AND TRAINING ACTIVITIES’’; and ‘‘(ii) 25 percent shall be allotted on the bers of the public through the one-stop deliv- (2) in section 131 (29 U.S.C. 2861)— basis of the relative number of individuals in ery system in the State. (A) by striking ‘‘paragraphs (1)(B) and the civilian labor force in each State, com- ‘‘(e) ENFORCEMENT.— (2)(B) of’’; and pared to the total number of such individuals ‘‘(1) IN GENERAL.—The procedures estab- (B) by striking ‘‘adults, and dislocated in all States; lished under this section shall provide the workers,’’ and inserting ‘‘individuals’’. ‘‘(iii) 25 percent shall be allotted on the following: SEC. 220. STATE ALLOTMENTS. basis of the relative number of individuals in ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE Section 132 (29 U.S.C. 2862) is amended— each State who have been unemployed for 15 INFORMATION.—Upon a determination, by an (1) by amending subsection (a) to read as weeks or more, compared to the total num- individual or entity specified in the proce- follows: ber of individuals in all States who have dures, that a provider of training services, or ‘‘(a) IN GENERAL.—The Secretary shall— been unemployed for 15 weeks or more; and individual providing information on behalf of ‘‘(1) reserve 1⁄2 of 1 percent of the total ‘‘(iv) 25 percent shall be allotted on the the provider, intentionally supplied inac- amount appropriated under section 137 for a basis of the relative number of disadvan- curate information under this section, the fiscal year, of which— taged youth in each State, compared to the eligibility of such provider under this sec- ‘‘(A) 50 percent shall be used to provide total number of disadvantaged youth in all tion shall be terminated for a period of time technical assistance under section 170; and States. that is not less than 2 years. ‘‘(B) 50 percent shall be used for evalua- ‘‘(C) MINIMUM AND MAXIMUM PERCENT- ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- tions under section 172; AGES.— termination, by an individual or entity spec- ‘‘(2) reserve 1 percent of the total amount ‘‘(i) MINIMUM PERCENTAGE.—The Secretary ified in the procedures, that a provider of appropriated under section 137 for a fiscal shall ensure that no State shall receive an training services substantially violated any year to make grants to, and enter into con- allotment under this paragraph for— requirement under this title, the eligibility tracts or cooperative agreements with Indian ‘‘(I) each of fiscal years 2015 through 2017, of such provider under this section shall be tribes, tribal organizations, Alaska Native that is less than 100 percent of the allotment terminated for a period of time that is not entities, Indian-controlled organizations percentage of the State for fiscal year 2013; less than 10 years. serving Indians, or Native Hawaiian organi- and ‘‘(C) REPAYMENT.—A provider of training zations to carry out employment and train- ‘‘(II) fiscal year 2018 and each succeeding services whose eligibility is terminated ing activities; fiscal year, that is less than 90 percent of the

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S239 allotment percentage of the State for the fis- response activities and additional assistance under such provisions by the local area in- cal year preceding the fiscal year involved. described in section 134(a)(4). volved for fiscal year 2013; and ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS ‘‘(ii) used with respect to fiscal year 2017 or clause (i), the Secretary shall ensure that no WITH BARRIERS TO EMPLOYMENT.—Of the a succeeding fiscal year, means the percent- State shall receive an allotment under this amount reserved under paragraph (1) for a age of the amounts allocated to local areas paragraph for— fiscal year, the Governor of the State shall under this paragraph for the fiscal year, that ‘‘(I) each of fiscal years 2015 through 2017, reserve 15 percent to carry out statewide ac- is received under this paragraph by the local that is more than 130 percent of the allot- tivities described in section 134(a)(5). area involved for the fiscal year.’’; ment percentage of the State for fiscal year ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.— (3) in subsection (c)— 2013; and Not more than 5 percent of the funds re- (A) by amending paragraph (1) to read as ‘‘(II) fiscal year 2018 and each succeeding served under paragraph (1) may be used by follows: fiscal year, that is more than 130 percent of the Governor of the State for administrative ‘‘(1) IN GENERAL.—The Governor may, in the allotment percentage of the State for the costs of carrying out the statewide activities accordance with this subsection, reallocate fiscal year preceding the fiscal year in- described in section 134(a).’’; to eligible local areas within the State volved. (2) by amending subsection (b) to read as amounts that are allocated under subsection ‘‘(D) SMALL STATE MINIMUM ALLOTMENT.— follows: (b) for employment and training activities Subject to subparagraph (C), the Secretary ‘‘(b) WITHIN STATE ALLOCATION.— and that are available for reallocation.’’; shall ensure that no State shall receive an ‘‘(1) METHODS.—The Governor, acting in ac- (B) in paragraph (2), by striking ‘‘para- allotment under this paragraph for a fiscal cordance with the State plan, and after con- graph (2)(A) or (3) of subsection (b) for such sulting with chief elected officials in the year that is less than 1⁄5 of 1 percent of the activities’’ and inserting ‘‘subsection (b) for remainder described in subparagraph (A) for local areas in the State, shall— such activities’’; the fiscal year. ‘‘(A) allocate the funds that are allotted to (C) by amending paragraph (3) to read as ‘‘(E) DEFINITIONS.—For the purpose of the the State under section 132(b)(2) and not re- follows: served under subsection (a), in accordance formula specified in this paragraph: ‘‘(3) REALLOCATIONS.—In making realloca- with paragraph (2)(A); and ‘‘(i) ALLOTMENT PERCENTAGE.—The term tions to eligible local areas of amounts ‘allotment percentage’— ‘‘(B) award the funds that are reserved by available pursuant to paragraph (2) for a pro- ‘‘(I) used with respect to fiscal year 2013, the State under subsection (a)(3) through gram year, the Governor shall allocate to means the percentage of the amounts allot- competitive grants to eligible entities, in ac- each eligible local area within the State an ted to States under title I of this Act, title cordance with section 134(a)(1)(C). amount based on the relative amount allo- ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK- V of the Older Americans Act of 1965 (42 cated to such local area under subsection FORCE INVESTMENT FUND.— U.S.C. 3056 et seq.), the Women in Appren- (b)(2) for such activities for such prior pro- ‘‘(A) ALLOCATION.—In allocating the funds ticeship and Nontraditional Occupations Act gram year, as compared to the total amount described in paragraph (1)(A) to local areas, (29 U.S.C. 2501 et seq.), sections 4103A and allocated to all eligible local areas in the a State shall allocate— 4104 of title 38, United States Code, and sec- State under subsection (b)(2) for such activi- ‘‘(i) 25 percent on the basis described in tions 1 through 14 of the Wagner-Peyser Act ties for such prior program year.’’; and section 132(b)(2)(B)(i); (29 U.S.C. 49 et seq.), as such provisions were (D) in paragraph (4), by striking ‘‘para- ‘‘(ii) 25 percent on the basis described in in effect for fiscal year 2013, that is received graph (2)(A) or (3) of’’; and section 132(b)(2)(B)(ii); (4) by adding at the end the following new under such provisions by the State involved ‘‘(iii) 25 percent on the basis described in for fiscal year 2013; and section 132(b)(2)(B)(iii); and subsection: ‘‘(II) used with respect to fiscal year 2017 or ‘‘(iv) 25 percent on the basis described in ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.— a succeeding fiscal year, means the percent- section 132(b)(2)(B)(iv), Of the amount allocated to a local area age of the amounts allotted to States under except that a reference in a section specified under this section for a fiscal year, not more this paragraph for the fiscal year, that is re- in any of clauses (i) through (iv) to ‘each than 10 percent of the amount may be used ceived under this paragraph by the State in- State’ shall be considered to refer to each by the local board involved for the adminis- volved for the fiscal year. local area, and to ‘all States’ shall be consid- trative costs of carrying out local workforce ‘‘(ii) AREA OF SUBSTANTIAL UNEMPLOY- ered to refer to all local areas. investment activities in the local area under MENT.—The term ‘area of substantial unem- ‘‘(B) MINIMUM AND MAXIMUM PERCENT- this chapter.’’. ployment’ means any area that is of suffi- AGES.— SEC. 222. USE OF FUNDS FOR EMPLOYMENT AND cient size and scope to sustain a program of ‘‘(i) MINIMUM PERCENTAGE.—The State TRAINING ACTIVITIES. workforce investment activities carried out shall ensure that no local area shall receive Section 134 (29 U.S.C. 2864) is amended— under this subtitle and that has an average an allocation under this paragraph for— (1) by amending subsection (a) to read as rate of unemployment of at least 7 percent ‘‘(I) each of fiscal years 2015 through 2017, follows: for the most recent 12 months, as determined that is less than 100 percent of the allocation ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING by the Secretary. For purposes of this percentage of the local area for fiscal year ACTIVITIES.— clause, determinations of areas of substan- 2013; and ‘‘(1) IN GENERAL.— tial unemployment shall be made once each ‘‘(II) fiscal year 2018 and each succeeding ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI- fiscal year. fiscal year, that is less than 90 percent of the TIES.—Funds reserved by a Governor for a ‘‘(iii) DISADVANTAGED YOUTH.—The term allocation percentage of the local area for State as described in section 133(a)(1) and not ‘disadvantaged youth’ means an individual the fiscal year preceding the fiscal year in- reserved under paragraph (2) or (3) of section who is not less than age 16 and not more volved. 133(a)— than age 24 who receives an income, or is a ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to ‘‘(i) shall be used to carry out the state- member of a family that receives a total clause (i), the State shall ensure that no wide employment and training activities de- family income, that in relation to family local area shall receive an allocation for a scribed in paragraph (2); and size, does not exceed the higher of— fiscal year under this paragraph for— ‘‘(ii) may be used to carry out any of the ‘‘(I) the poverty line; or ‘‘(I) each of fiscal years 2015 through 2017, statewide employment and training activi- ‘‘(II) 70 percent of the lower living standard that is more than 130 percent of the alloca- ties described in paragraph (3). income level. tion percentage of the local area for fiscal ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES ‘‘(iv) INDIVIDUAL.—The term ‘individual’ year 2013; and AND ADDITIONAL ASSISTANCE.—Funds reserved means an individual who is age 16 or older.’’. ‘‘(II) fiscal year 2018 and each succeeding by a Governor for a State as described in sec- SEC. 221. WITHIN STATE ALLOCATIONS. fiscal year, that is more than 130 percentage tion 133(a)(2) shall be used to provide the Section 133 (29 U.S.C. 2863) is amended— of the allocation percentage of the local area statewide rapid response activities and addi- (1) by amending subsection (a) to read as for the fiscal year preceding the fiscal year tional assistance described in paragraph (4). follows: involved. ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS ‘‘(a) RESERVATIONS FOR STATEWIDE WORK- ‘‘(C) DEFINITIONS.—For the purpose of the WITH BARRIERS TO EMPLOYMENT.—Funds re- FORCE INVESTMENT ACTIVITIES.— formula specified in this paragraph, the term served by a Governor for a State as described ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING ‘allocation percentage’— in section 133(a)(3) shall be used to award ACTIVITIES.—The Governor of a State shall ‘‘(i) used with respect to fiscal year 2013, statewide grants for individuals with bar- reserve not more than 15 percent of the total means the percentage of the amounts allo- riers to employment on a competitive basis, amount allotted to the State under section cated to local areas under title I of this Act, and carry out other activities, as described 132(b)(2) for a fiscal year to carry out the title V of the Older Americans Act of 1965 (42 in paragraph (5). statewide activities described in section U.S.C. 3056 et seq.), the Women in Appren- ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND 134(a). ticeship and Nontraditional Occupations Act TRAINING ACTIVITIES.—A State shall use funds ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES (29 U.S.C. 2501 et seq.), sections 4103A and referred to in paragraph (1)(A) to carry out AND ADDITIONAL ASSISTANCE.—Of the amount 4104 of title 38, United States Code, and sec- statewide employment and training activi- reserved under paragraph (1) for a fiscal tions 1 through 14 of the Wagner-Peyser Act ties, which shall include— year, the Governor of the State shall reserve (29 U.S.C. 49 et seq.), as such provisions were ‘‘(A) disseminating the State list of eligi- not more than 25 percent for statewide rapid in effect for fiscal year 2013, that is received ble providers of training services described

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S240 CONGRESSIONAL RECORD — SENATE January 9, 2014 in section 122(d), information identifying eli- use funds reserved as described in section eligible entity will provide to eligible par- gible providers of on-the-job training and 133(a)(2)— ticipants under this paragraph; customized training described in section ‘‘(A) to carry out statewide rapid response ‘‘(iii) how the eligible entity will collabo- 122(i), and performance information and pro- activities, which shall include provision of rate with State and local workforce invest- gram cost information described in section rapid response activities, carried out in local ment systems established under this title in 122(b)(2); areas by the State or by an entity designated the provision of such programs and activi- ‘‘(B) supporting the provision of work by the State, working in conjunction with ties; ready services described in subsection (c)(2) the local boards and the chief elected offi- ‘‘(iv) a description of the programs of dem- in the one-stop delivery system; cials in the local areas; and onstrated effectiveness on which the provi- ‘‘(C) implementing strategies and services ‘‘(B) to provide additional assistance to sion of such educational and skills training that will be used in the State to assist at- local areas that experience disasters, mass programs and activities are based, and a de- risk youth and out-of-school youth in acquir- layoffs, or plant closings, or other events scription of how such programs and activi- ing the education and skills, recognized post- that precipitate substantial increases in the ties will improve education and skills train- secondary credentials, and employment ex- number of unemployed individuals, carried ing for eligible participants; perience to succeed in the labor market; out in local areas by the State or by an enti- ‘‘(v) a description of the populations to be ‘‘(D) conducting evaluations under section ty designated by the State, working in con- served and the skill needs of those popu- 136(e) of activities authorized under this junction with the local boards and the chief lations, and the manner in which eligible chapter in coordination with evaluations elected officials in the local areas. participants will be recruited and selected as carried out by the Secretary under section ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS participants; 172; WITH BARRIERS TO EMPLOYMENT.— ‘‘(vi) a description of the private, public, ‘‘(E) providing technical assistance to local ‘‘(A) IN GENERAL.—Of the funds reserved as local, and State resources that will be lever- areas that fail to meet local performance described in section 133(a)(3), the Governor of aged, with the grant funds provided, for the measures; a State— program under this paragraph, and how the ‘‘(F) operating a fiscal and management ‘‘(i) may reserve up to 5 percent to provide entity will ensure the sustainability of such accountability system under section 136(f); technical assistance for, and conduct evalua- program after grant funds are no longer and tions as described in section 136(e) of, the available; ‘‘(G) carrying out monitoring and over- programs carried out under this paragraph; ‘‘(vii) a description of the extent of the in- sight of activities carried out under this and volvement of employers in such program; chapter. ‘‘(ii) using the remainder, shall award ‘‘(viii) a description of the levels of per- ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT grants on a competitive basis to eligible en- formance the eligible entity expects to AND TRAINING ACTIVITIES.—A State may use tities (that meet specific performance out- achieve with respect to the indicators of per- funds referred to in paragraph (1)(A) to carry comes and criteria established by the Gov- formance for all individuals specified in sec- out statewide employment and training ac- ernor) described in subparagraph (B) to carry tion 136(b)(2); tivities which may include— out employment and training programs au- ‘‘(A) implementing innovative programs thorized under this paragraph for individuals ‘‘(ix) a detailed budget and a description of and strategies designed to meet the needs of with barriers to employment. the system of fiscal controls, and auditing and accountability procedures, that will be all employers in the State, including small ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur- employers, which may include incumbent poses of this paragraph, the term ‘eligible used to ensure fiscal soundness for the pro- worker training programs, sectoral and in- entity’ means an entity that— gram provided under this paragraph; and dustry cluster strategies and partnership ini- ‘‘(i) is a— ‘‘(x) any other criteria the Governor may tiatives, career ladder programs, micro-en- ‘‘(I) local board or a consortium of local require.’’; terprise and entrepreneurial training and boards; (2) by amending subsection (b) to read as support programs, utilization of effective ‘‘(II) nonprofit entity, for-profit entity, or follows: business intermediaries, activities to im- a consortium of nonprofit or for-profit enti- ‘‘(b) LOCAL EMPLOYMENT AND TRAINING AC- prove linkages between the one-stop delivery ties; or TIVITIES.—Funds allocated to a local area system in the State and all employers (in- ‘‘(III) consortium of the entities described under section 133(b)— cluding small employers) in the State, and in subclauses (I) and (II); ‘‘(1) shall be used to carry out employment other business services and strategies that ‘‘(ii) has a demonstrated record of placing and training activities described in sub- better engage employers in workforce invest- individuals into unsubsidized employment section (c); and ment activities and make the workforce in- and serving hard-to-serve individuals; and ‘‘(2) may be used to carry out employment vestment system more relevant to the needs ‘‘(iii) agrees to be reimbursed primarily on and training activities described in sub- of State and local businesses, consistent the basis of meeting specified performance section (d).’’; with the objectives of this title; outcomes and criteria established by the (3) by striking subsection (c); ‘‘(B) providing incentive grants to local Governor. (4) by redesignating subsections (d) and (e), areas— ‘‘(C) GRANT PERIOD.— as subsections (c) and (d), respectively; ‘‘(i) for regional cooperation among local ‘‘(i) IN GENERAL.—A grant under this para- boards (including local boards in a des- graph shall be awarded for a period of 1 year. (5) in subsection (c) (as so redesignated)— ignated region as described in section 116(c)); ‘‘(ii) GRANT RENEWAL.—A Governor of a (A) by amending paragraph (1) to read as ‘‘(ii) for local coordination of activities State may renew, for up to 4 additional 1- follows: carried out under this Act; and year periods, a grant awarded under this ‘‘(1) IN GENERAL.—Funds allocated to a ‘‘(iii) for exemplary performance by local paragraph. local area under section 133(b) shall be used— areas on the local performance measures; ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi- ‘‘(A) to establish a one-stop delivery sys- ‘‘(C) developing strategies for effectively ble to participate in activities under this tem as described in section 121(e); integrating programs and services among paragraph, an individual shall be a low-in- ‘‘(B) to provide the work ready services de- one-stop partners; come individual age 16 or older. scribed in paragraph (2) through the one-stop ‘‘(D) carrying out activities to facilitate ‘‘(E) USE OF FUNDS.—An eligible entity re- delivery system in accordance with such remote access to services provided through a ceiving a grant under this paragraph shall paragraph; and one-stop delivery system, including facili- use the grant funds for programs of activi- ‘‘(C) to provide training services described tating access through the use of technology; ties that are designed to assist eligible par- in paragraph (4) in accordance with such ‘‘(E) incorporating pay-for-performance ticipants in obtaining employment and ac- paragraph.’’; contract strategies as an element in funding quiring the education and skills necessary to (B) in paragraph (2)— activities under this section and providing succeed in the labor market. To be eligible (i) in the heading, by striking ‘‘CORE SERV- technical support to local areas and eligible to receive a grant under this paragraph for ICES’’ and inserting ‘‘WORK READY SERVICES’’; providers in order to carry out such a strat- an employment and training program, an eli- (ii) in the matter preceding subparagraph egy, which may involve providing assistance gible entity shall submit an application to a (A)— with data collection and data entry require- State at such time, in such manner, and con- (I) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; ments; taining such information as the State may (II) by striking ‘‘core services’’ and insert- ‘‘(F) carrying out the State option under require, including— ing ‘‘work ready services’’; and subsection (f)(8); and ‘‘(i) a description of how the strategies and (III) by striking ‘‘who are adults or dis- ‘‘(G) carrying out other activities author- activities of the program will be aligned located workers’’; ized under this section that the State deter- with the State plan submitted under section (iii) by redesignating subparagraph (K) as mines to be necessary to assist local areas in 112 and the local plan submitted under sec- subparagraph (V); carrying out activities described in sub- tion 118, with respect to the area of the State (iv) by redesignating subparagraphs (B) section (c) or (d) through the statewide that will be the focus of the program under through (J) as subparagraphs (C) through workforce investment system. this paragraph; (K), respectively; ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES ‘‘(ii) a description of the educational and (v) by inserting after subparagraph (A) the AND ADDITIONAL ASSISTANCE.—A State shall skills training programs and activities the following:

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‘‘(B) assistance in obtaining eligibility de- involved are not available to participants in ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An terminations under the other one-stop part- the local area under programs administered individual who seeks training services and ner programs through activities, where ap- under the Adult Education and Family Lit- who is eligible pursuant to subparagraph (A), propriate and consistent with the author- eracy Act (20 U.S.C. 2901 et seq.); may, in consultation with a case manager, izing statute of the one-stop partner pro- ‘‘(U) out-of-area job search assistance and select an eligible provider of training serv- gram involved, such as assisting in— relocation assistance; and’’; and ices from the list or identifying information ‘‘(i) the submission of applications; (C) by amending paragraph (3) to read as for providers described in clause (ii)(I). Upon ‘‘(ii) the provision of information on the follows: such selection, the one-stop operator in- results of such applications; and ‘‘(3) DELIVERY OF SERVICES.—The work volved shall, to the extent practicable, refer ‘‘(iii) the provision of intake services and ready services described in paragraph (2) such individual to the eligible provider of information;’’; shall be provided through the one-stop deliv- training services, and arrange for payment (vi) by amending subparagraph (E), as so ery system and may be provided through for such services through a career enhance- redesignated, to read as follows: contracts with public, private for-profit, and ment account. ‘‘(E) labor exchange services, including— private nonprofit service providers, approved ‘‘(iv) COORDINATION.—Each local board ‘‘(i) job search and placement assistance, by the local board.’’; may, through one-stop centers, coordinate and where appropriate, career counseling; (D) in paragraph (4)— career enhancement accounts with other ‘‘(ii) appropriate recruitment services for (i) by amending subparagraph (A) to read Federal, State, local, or private job training employers, including small employers, in the as follows: programs or sources to assist the individual local area, which may include services de- ‘‘(A) IN GENERAL.—Funds described in para- in obtaining training services from (notwith- scribed in this subsection, including provi- graph (1)(C) shall be used to provide training standing any provision of this title) eligible sion of information and referral to special- services to individuals who— providers for those programs and sources. ized business services not traditionally of- ‘‘(i) after an interview, evaluation, or as- ‘‘(v) ASSISTANCE.—Each local board may, fered through the one-stop delivery system; sessment, and case management, have been through one-stop centers, assist individuals and determined by a one-stop operator or one- receiving career enhancement accounts in ‘‘(iii) reemployment services provided to stop partner, as appropriate, to— obtaining funds (in addition to the funds pro- unemployment claimants, including claim- ‘‘(I) be in need of training services to ob- vided under this section) from other pro- ants identified as in need of such services tain or retain employment; and grams and sources that will assist the indi- under the worker profiling system estab- ‘‘(II) have the skills and qualifications to vidual in obtaining training services.’’; and lished under section 303(j) of the Social Secu- successfully participate in the selected pro- (vi) in subparagraph (F) (as so redesig- rity Act (42 U.S.C. 503(j));’’; gram of training services; nated)— (vii) in subparagraph (F), as so redesig- ‘‘(ii) select programs of training services (I) in the subparagraph heading, by strik- nated, by striking ‘‘employment statistics’’ that are directly linked to the employment ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- and inserting ‘‘workforce and labor market’’; opportunities in the local area involved or in serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; (viii) in subparagraph (G), as so redesig- another area in which the individual receiv- (II) in clause (i), by striking ‘‘individual nated, by striking ‘‘and eligible providers of ing such services are willing to commute or training accounts’’ and inserting ‘‘career en- youth activities described in section 123,’’; relocate; and hancement accounts’’; (ix) in subparagraph (H), as so redesig- ‘‘(iii) who meet the requirements of sub- (III) in clause (ii)— nated, by inserting ‘‘under section 136’’ after paragraph (B).’’; and (aa) by striking ‘‘an individual training ac- ‘‘local performance measures’’; (ii) in subparagraph (B)(i), by striking ‘‘Ex- count’’ and inserting ‘‘a career enhancement (x) in subparagraph (J), as so redesignated, cept’’ and inserting ‘‘Notwithstanding sec- account’’; by inserting ‘‘and information regarding the tion 479B of the Higher Education Act of 1965 (bb) by striking ‘‘subparagraph (F)’’ and in- administration of the work test for the un- (20 U.S.C. 1087uu) and except’’; serting ‘‘subparagraph (E)’’; employment compensation system’’ after (iii) by amending subparagraph (D) to read (cc) in subclause (II), by striking ‘‘indi- ‘‘compensation’’; as follows: vidual training accounts’’ and inserting ‘‘ca- (xi) by amending subparagraph (K), as so ‘‘(D) TRAINING SERVICES.—Training services reer enhancement accounts’’; redesignated, to read as follows: authorized under this paragraph may in- (dd) in subclause (II), by striking ‘‘or’’ ‘‘(K) assistance in establishing eligibility clude— after the semicolon; for programs of financial aid assistance for ‘‘(i) occupational skills training; (ee) in subclause (III), by striking the pe- education and training programs that are ‘‘(ii) on-the-job training; riod and inserting ‘‘; or’’; and not funded under this Act and are available ‘‘(iii) skill upgrading and retraining; (ff) by adding at the end the following: in the local area;’’; and ‘‘(iv) entrepreneurial training; ‘‘(IV) the local board determines that it (xii) by inserting the following new sub- ‘‘(v) education activities leading to a reg- would be most appropriate to award a con- paragraphs after subparagraph (K), as so re- ular secondary school diploma or its recog- tract to a postsecondary educational institu- designated: nized equivalent in combination with, con- tion that has been identified as a priority el- ‘‘(L) the provision of information from offi- currently or subsequently, occupational igible provider under section 117(d)(5)(B) in cial publications of the Internal Revenue skills training; order to facilitate the training of multiple Service regarding Federal tax credits, avail- ‘‘(vi) adult education and family literacy individuals in in-demand industries or occu- able to participants in employment and education activities provided in conjunction pations important to the State or local econ- training activities, and relating to edu- with other training services authorized omy, that such contract may be used to en- cation, job training, and employment; under this subparagraph; able the expansion of programs provided by a ‘‘(M) comprehensive and specialized assess- ‘‘(vii) workplace training combined with priority eligible provider, and that such con- ments of the skill levels and service needs of related instruction; tract does not limit customer choice.’’; workers, which may include— ‘‘(viii) occupational skills training that in- (IV) in clause (iii), by striking ‘‘adult or ‘‘(i) diagnostic testing and use of other as- corporates English language acquisition; dislocated worker’’ and inserting ‘‘indi- sessment tools; and ‘‘(ix) customized training conducted with a vidual’’; and ‘‘(ii) in-depth interviewing and evaluation commitment by an employer or group of em- (V) in clause (iv)— to identify employment barriers and appro- ployers to employ an individual upon suc- (aa) by redesignating subclause (IV) as sub- priate employment goals; cessful completion of the training; and clause (V); and ‘‘(N) development of an individual employ- ‘‘(x) training programs operated by the pri- (bb) by inserting after subclause (III) the ment plan, to identify the employment vate sector.’’; following: goals, appropriate achievement objectives, (iv) by striking subparagraph (E) and re- ‘‘(IV) Individuals with disabilities.’’; and appropriate combination of services for designating subparagraphs (F) and (G) as (6) in subsection (d) (as so redesignated)— the participant; subparagraphs (E) and (F), respectively; and (A) by amending paragraph (1) to read as ‘‘(O) group counseling; (v) in subparagraph (E) (as so redesig- follows: ‘‘(P) individual counseling and career plan- nated)— ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- ning; (I) in clause (ii)— TIVITIES.— ‘‘(Q) case management; (aa) in the matter preceding subclause (I), ‘‘(A) IN GENERAL.—Funds allocated to a ‘‘(R) short-term pre-career services, includ- by striking ‘‘subsection (c)’’ and inserting local area under section 133(b)(2) may be used ing development of learning skills, commu- ‘‘section 121’’; to provide, through the one-stop delivery nications skills, interviewing skills, punc- (bb) in subclause (I), by striking ‘‘section system— tuality, personal maintenance skills, and 122(e)’’ and inserting ‘‘section 122(d)’’ and by ‘‘(i) customized screening and referral of professional conduct, to prepare individuals striking ‘‘section 122(h)’’ and inserting ‘‘sec- qualified participants in training services to for unsubsidized employment or training; tion 122(i)’’; and employers; ‘‘(S) internships and work experience; (cc) in subclause (II), by striking ‘‘sub- ‘‘(ii) customized employment-related serv- ‘‘(T) literacy activities relating to basic sections (e) and (h)’’ and inserting ‘‘sub- ices to employers on a fee-for-service basis; work readiness, information and commu- sections (d) and (i)’’; and ‘‘(iii) customer supports, including trans- nication technology literacy activities, and (II) by striking clause (iii) and inserting portation and child care, to navigate among financial literacy activities, if the activities the following: multiple services and activities for special

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PERFORMANCE ACCOUNTABILITY SYS- barriers to employment, including individ- ployment specialist, a local board shall give TEM. uals with disabilities; preference to veterans and other individuals Section 136 (29 U.S.C. 2871) is amended— ‘‘(iv) employment and training assistance in the following order: (1) in subsection (b)— provided in coordination with child support ‘‘(A) To service-connected disabled vet- (A) by amending paragraphs (1) and (2) to enforcement activities of the State agency erans. read as follows: carrying out subtitle D of title IV of the So- ‘‘(B) If no veteran described in subpara- ‘‘(1) IN GENERAL.—For each State, the cial Security Act (42 U.S.C. 651 et seq.); graph (A) is available, to veterans. State performance measures shall consist ‘‘(v) incorporation of pay-for-performance ‘‘(C) If no veteran described in subpara- of— contract strategies as an element in funding graph (A) or (B) is available, to any member ‘‘(A)(i) the core indicators of performance activities under this section; of the Armed Forces transitioning out of ‘‘(vi) activities to facilitate remote access military service. described in paragraph (2)(A); and to services provided through a one-stop de- ‘‘(D) If no veteran or member described in ‘‘(ii) additional indicators of performance livery system, including facilitating access subparagraph (A), (B), or (C) is available, to (if any) identified by the State under para- through the use of technology; and any spouse of a veteran or a spouse of a graph (2)(B); and ‘‘(vii) activities to carry out business serv- member of the Armed Forces transitioning ‘‘(B) a State adjusted level of performance ices and strategies that meet the workforce out of military service. for each indicator described in subparagraph investment needs of local area employers, as ‘‘(E) If no veteran or member described in (A). determined by the local board, consistent subparagraph (A), (B), or (C) is available and ‘‘(2) INDICATORS OF PERFORMANCE.— with the local plan under section 118.’’; no spouse described in paragraph (D) is avail- ‘‘(A) CORE INDICATORS OF PERFORMANCE.— (B) by striking paragraphs (2) and (3); and able, to any other individuals with expertise ‘‘(i) IN GENERAL.—The core indicators of (C) by adding at the end the following: in serving veterans. performance for the program of employment ‘‘(2) INCUMBENT WORKER TRAINING PRO- ‘‘(4) ADMINISTRATION AND REPORTING.— and training activities authorized under sec- GRAMS.— ‘‘(A) IN GENERAL.—Each veteran employ- tions 132(a)(2) and 134, the program of adult ‘‘(A) IN GENERAL.—The local board may use funds allocated to a local area under section ment specialist shall be administratively re- education and family literacy education ac- 133(b)(2) to carry out incumbent worker sponsible to the one-stop operator of the one- tivities authorized under title II, and the training programs in accordance with this stop center in the local area and shall pro- program authorized under title I of the Re- paragraph. vide, at a minimum, quarterly reports to the habilitation Act of 1973 (29 U.S.C. 720 et seq.), one-stop operator of such center and to the ‘‘(B) TRAINING ACTIVITIES.—The training other than section 112 or part C of that title programs for incumbent workers under this Assistant Secretary for Veterans’ Employ- (29 U.S.C. 732, 741), shall consist of the fol- paragraph shall be carried out by the local ment and Training for the State on the spe- lowing indicators of performance (with per- cialist’s performance, and compliance by the area in conjunction with the employers of formance determined in the aggregate and as specialist with Federal law (including regu- such workers for the purpose of assisting disaggregated by the populations identified such workers in obtaining the skills nec- lations), with respect to the— ‘‘(i) principal duties (including facilitating in the State and local plan in each case): essary to retain employment and avert lay- ‘‘(I) The percentage and number of pro- offs. the furnishing of services) for veterans de- scribed in paragraph (2); and gram participants who are in unsubsidized ‘‘(C) EMPLOYER MATCH REQUIRED.— employment during the second full calendar ‘‘(i) IN GENERAL.—Employers participating ‘‘(ii) hiring preferences described in para- quarter after exit from the program. in programs under this paragraph shall be re- graph (3) for veterans and other individuals. ‘‘(II) The percentage and number of pro- quired to pay a proportion of the costs of ‘‘(B) REPORT TO SECRETARY.—Each State gram participants who are in unsubsidized providing the training to the incumbent shall submit to the Secretary an annual re- workers of the employers. The local board port on the qualifications used by each local employment during the fourth full calendar shall establish the required payment toward board in the State in making hiring deter- quarter after exit from the program. such costs, which may include in-kind con- minations for a veteran employment spe- ‘‘(III) The difference in the median earn- tributions. cialist and the salary structure under which ings of program participants who are in un- ‘‘(ii) CALCULATION OF MATCH.—The wages such specialist is compensated. subsidized employment during the second paid by an employer to a worker while they ‘‘(C) REPORT TO CONGRESS.—The Secretary full calendar quarter after exit from the pro- are attending training may be included as shall submit to the Committee on Education gram, compared to the median earnings of part of the required payment of the em- and the Workforce and the Committee on such participants prior to participation in ployer.’’; and Veterans’ Affairs of the House of Representa- such program. (7) by adding at the end the following: tives and the Committee on Health, Edu- ‘‘(IV) The percentage and number of pro- ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE cation, Labor, and Pensions and the Com- gram participants who obtain a recognized mittee on Veterans’ Affairs of the Senate an SECTOR JOBS.—In providing employment and postsecondary credential (such as an indus- annual report summarizing the reports sub- training activities authorized under this sec- try-recognized credential or a certificate mitted under subparagraph (B), and includ- tion, the State board and local board shall from a registered apprenticeship program), give priority to placing participants in jobs ing summaries of outcomes achieved by par- or a regular secondary school diploma or its in the private sector. ticipating veterans, disaggregated by local ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— areas. recognized equivalent (subject to clause (ii)), ‘‘(1) IN GENERAL.—Subject to paragraph (8), ‘‘(5) PART-TIME EMPLOYEES.—A part-time during participation in or within 1 year after a local board shall hire and employ one or veteran employment specialist shall perform exit from the program. more veteran employment specialists to the functions of a veteran employment spe- ‘‘(V) The percentage and number of pro- carry out employment, training, supportive, cialist under this subsection on a halftime gram participants who, during a program and placement services under this subsection basis. year— in the local area served by the local board. ‘‘(6) TRAINING REQUIREMENTS.—Each vet- ‘‘(aa) are in an education or training pro- ‘‘(2) PRINCIPAL DUTIES.—A veteran employ- eran employment specialist described in gram that leads to a recognized postsec- ment specialist in a local area shall— paragraph (2) shall satisfactorily complete ondary credential (such as an industry-rec- ‘‘(A) conduct outreach to employers in the training provided by the National Veterans’ ognized credential or a certificate from a local area to assist veterans, including dis- Employment and Training Institute during registered apprenticeship program), a certifi- abled veterans, in gaining employment, in- the 3-year period that begins on the date on cate from an on-the-job training program, a cluding— which the employee is so assigned. regular secondary school diploma or its rec- ‘‘(i) conducting seminars for employers; ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet- ognized equivalent, or unsubsidized employ- and eran employment specialist shall perform ment; and ‘‘(ii) in conjunction with employers, con- only duties related to employment, training, ‘‘(bb) are achieving measurable basic skill ducting job search workshops, and estab- supportive, and placement services under gains toward such a credential, certificate, lishing job search groups; and this subsection, and shall not perform other diploma, or employment. ‘‘(B) facilitate the furnishing of employ- non-veteran-related duties if such duties de- ment, training, supportive, and placement tract from the specialist’s ability to perform ‘‘(VI) The percentage and number of pro- services to veterans, including disabled and the specialist’s duties related to employ- gram participants who obtain unsubsidized homeless veterans, in the local area. ment, training, supportive, and placement employment in the field relating to the ‘‘(3) HIRING PREFERENCE FOR VETERANS AND services under this subsection. training services described in section INDIVIDUALS WITH EXPERTISE IN SERVING VET- ‘‘(8) STATE OPTION.—At the request of a 134(c)(4) that such participants received. ERANS.—Subject to paragraph (8), a local local board, a State may opt to assume the ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— board shall, to the maximum extent prac- duties assigned to the local board under For purposes of clause (i)(IV), program par- ticable, employ veterans or individuals with paragraphs (1) and (3), including the hiring ticipants who obtain a regular secondary expertise in serving veterans to carry out and employment of one or more veteran em- school diploma or its recognized equivalent the services described in paragraph (2) in the ployment specialists for placement in the shall be included in the percentage counted local area served by the local board. In hir- local area served by the local board.’’. as meeting the criterion under such clause

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only if such participants (in addition to ob- and percentage of its annual allocation ‘‘(B) LOCAL POLICIES.—Each local area that taining such diploma or its recognized equiv- under section 133 each local area in the State receives an allotment under section 133 shall alent), within 1 year after exit from the pro- spends on administrative costs’’; maintain a central repository of policies re- gram, have obtained or retained employ- (B) in paragraph (2)— lated to access, eligibility, availability of ment, have been removed from public assist- (i) by striking subparagraphs (A), (B), and services, and other matters, and plans ap- ance, or have begun an education or training (D); proved by the local board and make such re- program leading to a recognized postsec- (ii) by redesignating subparagraph (C) as pository available to the public, including by ondary credential. subparagraph (A); electronic means.’’; ‘‘(B) ADDITIONAL INDICATORS.—A State may (iii) by redesignating subparagraph (E) as (4) in subsection (g)— identify in the State plan additional indica- subparagraph (B); (A) in paragraph (1)— tors for workforce investment activities au- (iv) in subparagraph (B), as so redesig- (i) in subparagraph (A), by striking ‘‘or thorized under this subtitle.’’; and nated— (B)’’; and (B) in paragraph (3)— (I) by striking ‘‘(excluding participants (ii) in subparagraph (B), by striking ‘‘may (i) in subparagraph (A)— who received only self-service and informa- reduce by not more than 5 percent,’’ and in- (I) in the heading, by striking ‘‘AND CUS- tional activities)’’; and serting ‘‘shall reduce’’; and TOMER SATISFACTION INDICATOR’’; (II) by striking ‘‘and’’ at the end; (B) by striking paragraph (2) and inserting (II) in clause (i), by striking ‘‘and the cus- (v) by striking subparagraph (F); the following: tomer satisfaction indicator described in (vi) by adding at the end the following: ‘‘(2) FUNDS RESULTING FROM REDUCED AL- paragraph (2)(B)’’; ‘‘(C) with respect to each local area in the LOTMENTS.—The Secretary shall return to (III) in clause (ii), by striking ‘‘and the State— the Treasury the amount retained, as a re- customer satisfaction indicator of perform- ‘‘(i) the number of individuals who received sult of a reduction in an allotment to a State ance, for the first 3’’ and inserting ‘‘, for all work ready services described in section made under paragraph (1)(B).’’; 3’’; 134(c)(2) and the number of individuals who (5) in subsection (h)— (IV) in clause (iii)— received training services described in sec- (A) in paragraph (1), by striking ‘‘or (B)’’; (aa) in the heading, by striking ‘‘FOR FIRST tion 134(c)(4), during the most recent pro- and 3 YEARS’’; and (B) in paragraph (2)— (bb) by striking ‘‘and the customer satis- gram year and fiscal year, and the preceding 5 program years, disaggregated (for individ- (i) in subparagraph (A), by amending the faction indicator of performance, for the matter preceding clause (i) to read as fol- first 3 program years’’ and inserting ‘‘for all uals who received work ready services) by the type of entity that provided the work lows: 3 program years’’; ‘‘(A) IN GENERAL.—If such failure continues (V) in clause (iv)— ready services and disaggregated (for indi- viduals who received training services) by for a second consecutive year, the Governor (aa) by striking ‘‘or (v)’’; shall take corrective actions, including the (bb) by striking subclause (I) and redesig- the type of entity that provided the training services, and the amount of funds spent on development of a reorganization plan. Such nating subclauses (II) and (III) as subclauses plan shall—’’; (I) and (II), respectively; and each of the 2 types of services during the most recent program year and fiscal year, (ii) by redesignating subparagraphs (B) and (cc) in subclause (I) (as so redesignated)— (C) as subparagraphs (C) and (D), respec- (AA) by inserting ‘‘, such as unemployment and the preceding 5 fiscal years; tively; rates and job losses or gains in particular in- ‘‘(ii) the number of individuals who suc- (iii) by inserting after subparagraph (A), dustries’’ after ‘‘economic conditions’’; and cessfully exited out of work ready services the following: (BB) by inserting ‘‘, such as indicators of described in section 134(c)(2) and the number ‘‘(B) REDUCTION IN THE AMOUNT OF GRANT.— poor work experience, dislocation from high- of individuals who exited out of training If such failure continues for a third consecu- wage employment, low levels of literacy or services described in section 134(c)(4), during tive year, the Governor shall reduce the English proficiency, disability status (in- the most recent program year and fiscal amount of the grant that would (in the ab- cluding disability status among veterans), year, and the preceding 5 program years, sence of this subparagraph) be payable to the and welfare dependency,’’ after ‘‘program’’; disaggregated (for individuals who received local area under such program for the pro- (VI) by striking clause (v) and redesig- work ready services) by the type of entity nating clause (vi) as clause (v); and that provided the work ready services and gram year after such third consecutive year. (VII) in clause (v) (as so redesignated), disaggregated (for individuals who received Such penalty shall be based on the degree of (aa) by striking ‘‘described in clause training services) by the type of entity that failure to meet local levels of performance.’’; (iv)(II)’’ and inserting ‘‘described in clause provided the training services; and (iv) in subparagraph (C)(i) (as so redesig- (iv)(I)’’; and ‘‘(iii) the average cost per participant of nated), by striking ‘‘a reorganization plan (bb) by striking ‘‘or (v)’’; and those individuals who received work ready under subparagraph (A) may, not later than (ii) in subparagraph (B), by striking ‘‘para- services described in section 134(c)(2) and the 30 days after receiving notice of the reorga- graph (2)(C)’’ and inserting ‘‘paragraph average cost per participant of those individ- nization plan, appeal to the Governor to re- (2)(B)’’; uals who received training services described scind or revise such plan’’ and inserting (2) in subsection (c)— in section 134(c)(4), during the most recent ‘‘corrective action under subparagraph (A) or (A) by amending clause (i) of paragraph program year and fiscal year, and the pre- (B) may, not later than 30 days after receiv- (1)(A) to read as follows: ceding 5 program years, disaggregated (for ing notice of the action, appeal to the Gov- ‘‘(i) the core indicators of performance de- individuals who received work ready serv- ernor to rescind or revise such action’’; and scribed in subsection (b)(2)(A) for activities ices) by the type of entity that provided the (v) in subparagraph (D) (as so redesig- described in such subsection, other than work ready services and disaggregated (for nated), by striking ‘‘subparagraph (B)’’ each statewide workforce investment activities; individuals who received training services) place it appears and inserting ‘‘subparagraph and’’; by the type of entity that provided the train- (C)’’; (B) in clause (ii) of paragraph (1)(A), by ing services; and (6) in subsection (i)— striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; ‘‘(D) the amount of funds spent on training (A) in paragraph (1)— and services and discretionary activities de- (i) in subparagraph (B), by striking ‘‘sub- (C) by amending paragraph (3) to read as scribed in section 134(d), disaggregated by section (b)(2)(C)’’ and inserting ‘‘subsection follows: the populations identified under section (b)(2)(B)’’; and ‘‘(3) DETERMINATIONS.—In determining 112(b)(16)(A)(iv) and section 118(b)(10).’’; (ii) in subparagraph (C), by striking such local levels of performance, the local (C) in paragraph (3)(A), by striking ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; board, the chief elected official, and the Gov- ‘‘through publication’’ and inserting (B) in paragraph (2), by striking ‘‘the ac- ernor shall ensure such levels are adjusted ‘‘through electronic means’’; and tivities described in section 502 concerning’’; based on the specific economic conditions (D) by adding at the end the following: and (such as unemployment rates and job losses ‘‘(4) DATA VALIDATION.—In preparing the (C) in paragraph (3), by striking ‘‘described or gains in particular industries), or demo- reports described in this subsection, each in paragraph (1) and in the activities de- graphic characteristics or other characteris- State shall establish procedures, consistent scribed in section 502’’ and inserting ‘‘and ac- tics of the population to be served, in the with guidelines issued by the Secretary, to tivities described in this subsection’’; and local area.’’; ensure the information contained in the re- (7) by adding at the end the following new (3) in subsection (d)— ports is valid and reliable. subsections: (A) in paragraph (1)— ‘‘(5) STATE AND LOCAL POLICIES.— ‘‘(j) USE OF CORE INDICATORS FOR OTHER (i) by striking ‘‘127 or’’; ‘‘(A) STATE POLICIES.—Each State that re- PROGRAMS.—Consistent with the require- (ii) by striking ‘‘and the customer satisfac- ceives an allotment under section 132 shall ments of the applicable authorizing laws, the tion indicator’’ each place it appears; and maintain a central repository of policies re- Secretary shall use the core indicators of (iii) in the last sentence, by inserting be- lated to access, eligibility, availability of performance described in subsection (b)(2)(A) fore the period the following: ‘‘, and on the services, and other matters, and plans ap- to assess the effectiveness of the programs amount and percentage of the State’s annual proved by the State board and make such re- described in section 121(b)(1)(B) (in addition allotment under section 132 the State spends pository available to the public, including by to the programs carried out under chapter 5) on administrative costs and on the amount electronic means. that are carried out by the Secretary.

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‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE (3) in paragraph (3)(E), by striking ‘‘voca- (ii) in subparagraph (B), by striking ‘‘and’’ INCENTIVES.— tional’’ and inserting ‘‘career and technical at the end; and ‘‘(1) IN GENERAL.—At the discretion of the education and’’. (iii) in subparagraph (C)— Governor of a State, a State may establish SEC. 229. RECRUITMENT, SCREENING, SELEC- (I) by inserting ‘‘the education and train- an incentive system for local boards to im- TION, AND ASSIGNMENT OF ENROLL- ing’’ after ‘‘including’’; and plement pay-for-performance contract strat- EES. (II) by striking the period at the end and egies for the delivery of employment and Section 145 (29 U.S.C. 2885) is amended— inserting ‘‘; and’’; and training activities in the local areas served (1) in subsection (a)— (iv) by adding at the end the following: by the local boards. (A) in paragraph (2)(C)(i) by striking ‘‘vo- ‘‘(D) the performance of the Job Corps cen- ‘‘(2) IMPLEMENTATION.—A State that estab- cational’’ and inserting ‘‘career and tech- ter relating to the indicators described in lishes a pay-for-performance incentive sys- nical education and training’’; and paragraphs (1) and (2) in section 159(c), and tem shall reserve not more than 10 percent of (B) in paragraph (3)— whether any actions have been taken with the total amount allotted to the State under (i) by striking ‘‘To the extent practicable, respect to such center pursuant to section section 132(b)(2) for a fiscal year to provide the’’ and inserting ‘‘The’’; 159(f).’’; and funds to local areas in the State whose local (ii) in subparagraph (A)— (4) in subsection (d)— boards have implemented a pay-for-perform- (I) by striking ‘‘applicable’’; and (A) in paragraph (1)— ance contract strategy. (II) by inserting ‘‘and’’ after the semicolon; (i) in the matter preceding subparagraph ‘‘(3) EVALUATIONS.—A State described in (iii) by striking subparagraphs (B) and (C); (A), by striking ‘‘is closest to the home of paragraph (2) shall use funds reserved by the and the enrollee, except that the’’ and inserting State under section 133(a)(1) to evaluate the (iv) by adding at the end the following: ‘‘offers the type of career and technical edu- return on investment of pay-for-performance ‘‘(B) organizations that have a dem- cation and training selected by the indi- contract strategies implemented by local onstrated record of effectiveness in placing vidual and, among the centers that offer boards in the State.’’. at-risk youth into employment.’’; such education and training, is closest to the SEC. 224. AUTHORIZATION OF APPROPRIATIONS. (2) in subsection (b)— home of the individual. The’’; Section 137 (29 U.S.C. 2872) is amended to (A) in paragraph (1)— (ii) by striking subparagraph (A); and read as follows: (i) in subparagraph (B), by inserting ‘‘and (iii) by redesignating subparagraphs (B) ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. agrees to such rules’’ after ‘‘failure to ob- and (C) as subparagraphs (A) and (B), respec- ‘‘There are authorized to be appropriated serve the rules’’; and tively; and to carry out the activities described in sec- (ii) by amending subparagraph (C) to read (B) in paragraph (2), by inserting ‘‘that of- tion 132, $5,945,639,000 for fiscal year 2015 and as follows: fers the career and technical education and each of the 6 succeeding fiscal years.’’. ‘‘(C) the individual has passed a back- training desired by’’ after ‘‘home of the en- rollee’’. CHAPTER 3—JOB CORPS ground check conducted in accordance with procedures established by the Secretary, SEC. 230. JOB CORPS CENTERS. SEC. 226. JOB CORPS PURPOSES. which shall include— Section 147 (29 U.S.C. 2887) is amended— Paragraph (1) of section 141 (29 U.S.C. ‘‘(i) a search of the State criminal registry (1) in subsection (a)— 2881(1)) is amended to read as follows: or repository in the State where the indi- (A) in paragraph (1)(A), by striking ‘‘voca- ‘‘(1) to maintain a national Job Corps pro- vidual resides and each State where the indi- tional’’ both places it appears and inserting gram for at-risk youth, carried out in part- vidual previously resided; ‘‘career and technical’’; and nership with States and communities, to as- ‘‘(ii) a search of State-based child abuse (B) in paragraph (2)— sist eligible youth to connect to the work- and neglect registries and databases in the (i) in subparagraph (A)— force by providing them with intensive aca- State where the individual resides and each (I) by striking ‘‘subsections (c) and (d) of demic, career and technical education, and State where the individual previously re- section 303 of the Federal Property and Ad- service-learning opportunities, in residential sided; ministrative Services Act of 1949 (41 U.S.C. and nonresidential centers, in order for such ‘‘(iii) a search of the National Crime Infor- 253)’’ and inserting ‘‘subsections (a) and (b) youth to obtain regular secondary school di- mation Center; of section 3304 of title 41, United States plomas and recognized postsecondary creden- ‘‘(iv) a Federal Bureau of Investigation fin- Code’’; and tials leading to successful careers in in-de- gerprint check using the Integrated Auto- (II) by striking ‘‘industry council’’ and in- mand industries that will result in opportu- mated Fingerprint Identification System; serting ‘‘workforce council’’; nities for advancement;’’. and (ii) in subparagraph (B)(i)— SEC. 227. JOB CORPS DEFINITIONS. ‘‘(v) a search of the National Sex Offender (I) by amending subclause (II) to read as Section 142 (29 U.S.C. 2882) is amended— Registry established under the Adam Walsh follows: (1) in paragraph (2)— Child Protection and Safety Act of 2006 (42 ‘‘(II) the ability of the entity to offer ca- (A) in the paragraph heading, by striking U.S.C. 16901 et seq.).’’; and reer and technical education and training ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE- (B) by adding at the end the following new that the workforce council proposes under STOP’’; paragraph: section 154(c);’’; (B) by striking ‘‘applicable’’; ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— (II) in subclause (III), by striking ‘‘is famil- (C) by striking ‘‘customer service’’; and An individual shall be ineligible for enroll- iar with the surrounding communities, appli- (D) by striking ‘‘intake’’ and inserting ‘‘as- ment if the individual— cable’’ and inserting ‘‘demonstrates relation- sessment’’; ‘‘(A) makes a false statement in connec- ships with the surrounding communities, (2) in paragraph (4), by striking ‘‘before tion with the criminal background check de- employers, workforce boards,’’ and by strik- completing the requirements’’ and all that scribed in paragraph (1)(C); ing ‘‘and’’ at the end; follows and inserting ‘‘prior to becoming a ‘‘(B) is registered or is required to be reg- (III) by amending subclause (IV) to read as graduate.’’; and istered on a State sex offender registry or follows: (3) in paragraph (5), by striking ‘‘has com- the National Sex Offender Registry estab- ‘‘(IV) the performance of the entity, if any, pleted the requirements’’ and all that follows lished under the Adam Walsh Child Protec- relating to operating or providing activities and inserting the following: ‘‘who, as a result tion and Safety Act of 2006 (42 U.S.C. 16901 et described in this subtitle to a Job Corps cen- of participation in the Job Corps program, seq.); or ter, including the entity’s demonstrated ef- has received a regular secondary school di- ‘‘(C) has been convicted of a felony con- fectiveness in assisting individuals in achiev- ploma, completed the requirements of a ca- sisting of— ing the primary and secondary indicators of reer and technical education and training ‘‘(i) homicide; performance described in paragraphs (1) and program, or received, or is making satisfac- ‘‘(ii) child abuse or neglect; (2) of section 159(c); and’’; and tory progress (as defined under section 484(c) ‘‘(iii) a crime against children, including (IV) by adding at the end the following new of the Higher Education Act of 1965 (20 U.S.C. child pornography; subclause: 1091(c))) toward receiving, a recognized post- ‘‘(iv) a crime involving rape or sexual as- ‘‘(V) the ability of the entity to dem- secondary credential (including an industry- sault; or onstrate a record of successfully assisting at- recognized credential) that prepares individ- ‘‘(v) physical assault, battery, or a drug-re- risk youth to connect to the workforce, in- uals for employment leading to economic lated offense, committed within the past 5 cluding by providing them with intensive self-sufficiency.’’. years.’’; academic, and career and technical edu- SEC. 228. INDIVIDUALS ELIGIBLE FOR THE JOB (3) in subsection (c)— cation and training.’’; and CORPS. (A) in paragraph (1)— (iii) in subparagraph (B)(ii)— Section 144 (29 U.S.C. 2884) is amended— (i) by striking ‘‘2 years’’ and inserting (I) by striking ‘‘, as appropriate’’; and (1) by amending paragraph (1) to read as ‘‘year’’; and (II) by striking ‘‘through (IV)’’ and insert- follows: (ii) by striking ‘‘an assignment’’ and in- ing ‘‘through (V)’’; ‘‘(1) not less than age 16 and not more than serting ‘‘a’’; and (2) in subsection (b), by striking ‘‘In any age 24 on the date of enrollment;’’; (B) in paragraph (2)— year, no more than 20 percent of the individ- (2) in paragraph (3)(B), by inserting ‘‘sec- (i) in the matter preceding subparagraph uals enrolled in the Job Corps may be non- ondary’’ before ‘‘school’’; and (A), by striking ‘‘, every 2 years,’’; residential participants in the Job Corps.’’;

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(3) by amending subsection (c) to read as ‘‘(f) RENEWAL.— (A) in the subsection heading, by striking follows: ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘EDUCATION AND VOCATIONAL’’ and inserting ‘‘(c) CIVILIAN CONSERVATION CENTERS.— the Secretary may renew the terms of an ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU- ‘‘(1) IN GENERAL.—The Job Corps centers agreement described in subsection (a)(1)(A) CATION AND’’; may include Civilian Conservation Centers, for an entity to operate a Job Corps center if (B) by striking ‘‘may’’ after ‘‘The Sec- operated under an agreement between the the center meets or exceeds each of the indi- retary’’ and inserting ‘‘shall’’; and Secretary of Labor and the Secretary of Ag- cators of performance described in section (C) by striking ‘‘vocational’’ each place it riculture, that are located primarily in rural 159(c)(1). appears and inserting ‘‘career and tech- areas. Such centers shall adhere to all the ‘‘(2) RECOMPETITION.— nical’’; and provisions of this subtitle, and shall provide, ‘‘(A) IN GENERAL.—Notwithstanding para- (3) by amending paragraph (3) of subsection in addition to education, career and tech- graph (1), the Secretary shall not renew the (c) to read as follows: nical education and training, and workforce terms of the agreement for an entity to oper- ‘‘(3) DEMONSTRATION.—Each year, any oper- preparation skills training described in sec- ate a Job Corps center if such center is ator seeking to enroll additional enrollees in tion 148, programs of work experience to con- ranked in the bottom quintile of centers de- an advanced career training program shall serve, develop, or manage public natural re- scribed in section 159(f)(2) for any program demonstrate, before the operator may carry sources or public recreational areas or to de- year. Such entity may submit a new applica- out such additional enrollment, that— velop community projects in the public in- tion under subsection (d) only if such center ‘‘(A) participants in such program have terest. has shown significant improvement on the achieved a satisfactory rate of completion ‘‘(2) SELECTION PROCESS.—The Secretary indicators of performance described in sec- and placement in training-related jobs; and shall select an entity that submits an appli- tion 159(c)(1) over the last program year. ‘‘(B) such operator has met or exceeded the cation under subsection (d) to operate a Ci- ‘‘(B) VIOLATIONS.—The Secretary shall not indicators of performance described in para- vilian Conservation Center on a competitive select an entity to operate a Job Corps cen- graphs (1) and (2) of section 159(c) for the pre- basis, as provided in subsection (a).’’; and ter if such entity or such center has been vious year.’’. (4) by striking subsection (d) and inserting found to have a systemic or substantial ma- SEC. 232. COUNSELING AND JOB PLACEMENT. the following: terial failure that involves— Section 149 (29 U.S.C. 2889) is amended— ‘‘(d) APPLICATION.—To be eligible to oper- ‘‘(i) a threat to the health, safety, or civil (1) in subsection (a), by striking ‘‘voca- ate a Job Corps center under this subtitle, an rights of program participants or staff; tional’’ and inserting ‘‘career and technical entity shall submit an application to the ‘‘(ii) the misuse of funds received under education and’’; Secretary at such time, in such manner, and this subtitle; (2) in subsection (b)— containing such information as the Sec- ‘‘(iii) loss of legal status or financial via- (A) by striking ‘‘make every effort to ar- retary may require, including— bility, loss of permits, debarment from re- range to’’; and ‘‘(1) a description of the program activities ceiving Federal grants or contracts, or the (B) by striking ‘‘to assist’’ and inserting that will be offered at the center, including improper use of Federal funds; ‘‘assist’’; and how the career and technical education and ‘‘(iv) failure to meet any other Federal or (3) by striking subsection (d). training reflect State and local employment State requirement that the entity has shown SEC. 233. SUPPORT. opportunities, including in in-demand indus- an unwillingness or inability to correct, Subsection (b) of section 150 (29 U.S.C. 2890) tries; after notice from the Secretary, within the is amended to read as follows: ‘‘(2) a description of the counseling, place- period specified; or ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT ment, and support activities that will be of- ‘‘(v) an unresolved area of noncompliance. FOR GRADUATES.—The Secretary shall ar- fered at the center, including a description of ‘‘(g) CURRENT GRANTEES.—Not later than 60 range for a transition allowance to be paid to the strategies and procedures the entity will days after the date of enactment of the graduates. The transition allowance shall be use to place graduates into unsubsidized em- SKILLS Act and notwithstanding any pre- incentive-based to reflect a graduate’s com- ployment upon completion of the program; vious grant award or renewals of such award pletion of academic, career and technical ‘‘(3) a description of the demonstrated under this subtitle, the Secretary shall re- education or training, and attainment of a record of effectiveness that the entity has in recognized postsecondary credential, includ- quire all entities operating a Job Corps cen- placing at-risk youth into employment, in- ing an industry-recognized credential.’’. ter under this subtitle to submit an applica- cluding past performance of operating a Job tion under subsection (d) to carry out the re- SEC. 234. OPERATIONS. Corps center under this subtitle; quirements of this section.’’. Section 151 (29 U.S.C. 2891) is amended— ‘‘(4) a description of the relationships that (1) in the header, by striking ‘‘OPERATING SEC. 231. PROGRAM ACTIVITIES. the entity has developed with State and PLAN.’’ and inserting ‘‘OPERATIONS.’’; local workforce boards, employers, State and Section 148 (29 U.S.C. 2888) is amended— (2) in subsection (a), by striking ‘‘IN GEN- local educational agencies, and the sur- (1) by amending subsection (a) to read as ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; rounding communities in an effort to pro- follows: (3) by striking subsection (b) and redesig- mote a comprehensive statewide workforce ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB nating subsection (c) as subsection (b); investment system; CORPS CENTERS.— (4) by amending subsection (b) (as so redes- ‘‘(5) a description of the strong fiscal con- ‘‘(1) IN GENERAL.—Each Job Corps center ignated)— trols the entity has in place to ensure proper shall provide enrollees with an intensive, (A) in the heading by inserting ‘‘OF OPER- accounting of Federal funds, and a descrip- well-organized, and supervised program of ATING PLAN’’ after ‘‘AVAILABILITY’’; and tion of how the entity will meet the require- education, career and technical education (B) by striking ‘‘subsections (a) and (b)’’ ments of section 159(a); and training, work experience, recreational and inserting ‘‘subsection (a)’’; and ‘‘(6) a description of the strategies and activities, physical rehabilitation and devel- (5) by adding at the end the following new policies the entity will utilize to reduce par- opment, and counseling. Each Job Corps cen- subsection: ticipant costs; ter shall provide enrollees assigned to the ‘‘(c) ADMINISTRATIVE COSTS.—Not more ‘‘(7) a description of the steps taken to con- center with access to work ready services de- than 10 percent of the funds allotted under trol costs in accordance with section scribed in section 134(c)(2). section 147 to an entity selected to operate a 159(a)(3); ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— Job Corps center may be used by the entity ‘‘(8) a detailed budget of the activities that ‘‘(A) IN GENERAL.—The activities provided for administrative costs under this sub- will be supported using funds under this sub- under this subsection shall be targeted to title.’’. title; helping enrollees, on completion of their en- SEC. 235. COMMUNITY PARTICIPATION. ‘‘(9) a detailed budget of the activities that rollment— Section 153 (29 U.S.C. 2893) is amended to will be supported using funds from non-Fed- ‘‘(i) secure and maintain meaningful un- read as follows: eral resources; subsidized employment; ‘‘SEC. 153. COMMUNITY PARTICIPATION. ‘‘(10) an assurance the entity will comply ‘‘(ii) complete secondary education and ob- ‘‘The director of each Job Corps center with the administrative cost limitation in- tain a regular secondary school diploma; shall encourage and cooperate in activities cluded in section 151(c); ‘‘(iii) enroll in and complete postsecondary to establish a mutually beneficial relation- ‘‘(11) an assurance the entity is licensed to education or training programs, including ship between Job Corps centers in the State operate in the State in which the center is obtaining recognized postsecondary creden- and nearby communities. Such activities located; and tials (such as industry-recognized creden- may include the use of any local workforce ‘‘(12) an assurance the entity will comply tials and certificates from registered appren- development boards established under sec- with and meet basic health and safety codes, ticeship programs); or tion 117 to provide a mechanism for joint dis- including those measures described in sec- ‘‘(iv) satisfy Armed Forces requirements. cussion of common problems and for plan- tion 152(b). ‘‘(B) LINK TO EMPLOYMENT OPPORTUNITIES.— ning programs of mutual interest.’’. ‘‘(e) LENGTH OF AGREEMENT.—The agree- The career and technical education and SEC. 236. WORKFORCE COUNCILS. ment described in subsection (a)(1)(A) shall training provided shall be linked to the em- Section 154 (29 U.S.C. 2894) is amended to be for not longer than a 2-year period. The ployment opportunities in in-demand indus- read as follows: Secretary may renew the agreement for 3 1- tries in the State in which the Job Corps ‘‘SEC. 154. WORKFORCE COUNCILS. year periods if the entity meets the require- center is located.’’; and ‘‘(a) IN GENERAL.—Each Job Corps center ments of subsection (f). (2) in subsection (b)— shall have a workforce council appointed by

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TECHNICAL ASSISTANCE. uates who entered into postsecondary edu- all primary indicators described in para- Section 156 (29 U.S.C. 2896) is amended to cation; read as follows: ‘‘(C) the percentage and number of grad- graph (1) of subsection (c); ‘‘(D) information on the performance of the ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. uates who entered into the military; service providers described in paragraphs (3) ‘‘(a) IN GENERAL.—From the funds reserved ‘‘(D) the average wage of graduates who and (4) of subsection (c) on the performance under section 132(a)(3), the Secretary shall are in unsubsidized employment— provide, directly or through grants, con- ‘‘(i) on the first day of employment; and indicators established under such para- tracts, or other agreements or arrangements ‘‘(ii) 6 months after the first day; graphs; and as the Secretary considers appropriate, tech- ‘‘(E) the number and percentage of grad- ‘‘(E) a comparison of each service provider, nical assistance and training for the Job uates who entered unsubsidized employment by rank, on the performance of all service Corps program for the purposes of improving and were retained in the unsubsidized em- providers described in paragraphs (3) and (4) program quality. ployment— of subsection (c) on the performance indica- ‘‘(b) ACTIVITIES.—In providing training and ‘‘(i) 6 months after the first day of employ- tors established under such paragraphs. technical assistance and for allocating re- ment; and ‘‘(2) ASSESSMENT.—The Secretary shall sources for such assistance, the Secretary ‘‘(ii) 12 months after the first day of em- conduct an annual assessment of the per- shall— ployment; formance of each Job Corps center which ‘‘(1) assist entities, including those entities ‘‘(F) the percentage and number of enroll- shall include information on the Job Corps not currently operating a Job Corps center, ees compared to the percentage and number centers that— in developing the application described in of enrollees the Secretary has established as ‘‘(A) are ranked in the bottom 10 percent section 147(d); targets in section 145(c)(1); on the performance indicator described in ‘‘(2) assist Job Corps centers and programs ‘‘(G) the cost per training slot, which is paragraph (1)(C); or in correcting deficiencies and violations calculated by comparing the program’s max- ‘‘(B) have failed a safety and health code under this subtitle; imum number of enrollees that can be en- review described in subsection (g). ‘‘(3) assist Job Corps centers and programs rolled in a Job Corps center at any given ‘‘(3) PERFORMANCE IMPROVEMENT.—With re- in meeting or exceeding the indicators of time during the program year to the number spect to a Job Corps center that is identified performance described in paragraph (1) and of enrollees in the same program year; and under paragraph (2) or reports less than 50 (2) of section 159(c); and ‘‘(H) the number and percentage of former percent on the performance indicators de- ‘‘(4) assist Job Corps centers and programs enrollees, including the number dismissed scribed in subparagraph (A), (B), or (C) of in the development of sound management under the zero tolerance policy described in subsection (c)(1), the Secretary shall develop practices, including financial management section 152(b). and implement a 1 year performance im- procedures.’’. ‘‘(3) INDICATORS OF PERFORMANCE FOR RE- provement plan. Such a plan shall require SEC. 238. SPECIAL PROVISIONS. CRUITERS.—The annual indicators of per- action including— Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is formance for recruiters shall include the ‘‘(A) providing technical assistance to the amended by striking ‘‘title II of the Federal measurements described in subparagraph (A) center; Property and Administrative Services Act of of paragraph (1) and subparagraphs (F), (G), ‘‘(B) changing the management staff of the 1949 (40 U.S.C. 481 et seq.)’’ and inserting and (H) of paragraph (2). center; ‘‘chapter 5 of title 40, United States Code,’’. ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER ‘‘(C) replacing the operator of the center; SEC. 239. PERFORMANCE ACCOUNTABILITY MAN- TRANSITION SERVICE PROVIDERS.—The annual ‘‘(D) reducing the capacity of the center; or AGEMENT. indicators of performance of career transi- ‘‘(E) closing the center. Section 159 (29 U.S.C. 2899) is amended— tion service providers shall include the ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job (1) in the section heading, by striking measurements described in subparagraphs Corps centers that have been identified ‘‘MANAGEMENT INFORMATION’’ and inserting (B) and (C) of paragraph (1) and subpara- under paragraph (2) for more than 4 consecu- ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGE- graphs, (B), (C), (D), and (E) of paragraph (2). tive years shall be closed. The Secretary MENT’’; ‘‘(d) ADDITIONAL INFORMATION.—The Sec- shall ensure— (2) in subsection (a)(3), by inserting before retary shall collect, and submit in the report ‘‘(A) that the proposed decision to close the period at the end the following: ‘‘, or op- described in subsection (f), information on the center is announced in advance to the

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general public through publication in the (3) by amending subsection (c) to read as ‘‘(1) IN GENERAL.—The Employment and Federal Register and other appropriate follows: Training Administration of the Department means; and ‘‘(c) TECHNIQUES.—Evaluations conducted of Labor (referred to in this Act as the ‘Ad- ‘‘(B) the establishment of a reasonable under this section shall utilize appropriate ministration’) shall administer all programs comment period, not to exceed 30 days, for and rigorous methodology and research de- authorized under title I and the Wagner- interested individuals to submit written signs, including the use of control groups Peyser Act (29 U.S.C. 49 et seq.). The Admin- comments to the Secretary. chosen by scientific random assignment istration shall be headed by an Assistant ‘‘(g) PARTICIPANT HEALTH AND SAFETY.— methodologies, quasi-experimental methods, Secretary appointed by the President by and The Secretary shall enter into an agreement impact analysis and the use of administra- with the advice and consent of the Senate. with the General Services Administration or tive data. The Secretary shall conduct an Except for title II and the Rehabilitation Act the appropriate State agency responsible for impact analysis, as described in subsection of 1973 (29 U.S.C. 701 et seq.), the Administra- inspecting public buildings and safeguarding (a)(4), of the formula grant program under tion shall be the principal agency, and the the health of disadvantaged students, to con- subtitle B not later than 2016, and thereafter Assistant Secretary shall be the principal of- duct an in-person review of the physical con- shall conduct such an analysis not less than ficer, of such Department for carrying out dition and health-related activities of each once every 4 years.’’; this Act. Job Corps center annually. Such review shall (4) in subsection (e), by striking ‘‘the Com- ‘‘(2) QUALIFICATIONS.—The Assistant Sec- include a passing rate of occupancy under mittee on Labor and Human Resources of the retary shall be an individual with substan- Federal and State ordinances.’’. Senate’’ and inserting ‘‘the Committee on tial experience in workforce development CHAPTER 4—NATIONAL PROGRAMS Health, Education, Labor, and Pensions of and in workforce development management. the Senate’’; The Assistant Secretary shall also, to the SEC. 241. TECHNICAL ASSISTANCE. maximum extent possible, possess knowledge Section 170 (29 U.S.C. 2915) is amended— (5) by redesignating subsection (f) as sub- and have worked in or with the State or (1) by striking subsection (b); section (g) and inserting after subsection (e) the following: local workforce investment system or have (2) by striking: been a member of the business community. ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO ‘‘(3) FUNCTIONS.—In the performance of the (3) by redesignating paragraphs (1), (2), and BE APPROPRIATED FOR LATE REPORTING.—If a functions of the office, the Assistant Sec- (3) as subsections (a), (b), and (c) respec- report required to be transmitted to Con- retary shall be directly responsible to the tively, and moving such subsections 2 ems to gress under this section is not transmitted on or before the time period specified for Secretary or the Deputy Secretary of Labor, the left, and conforming the casing style of as determined by the Secretary. The func- the headings of such subsections to the cas- that report, amounts authorized to be appro- priated under this title shall be reduced by 10 tions of the Assistant Secretary shall not be ing style of the heading of subsection (d), as delegated to any officer not directly respon- added by paragraph (7) of this section; percent for the fiscal year that begins after the date on which the final report required sible, both with respect to program oper- (4) in subsection (a) (as so redesignated)— ation and administration, to the Assistant (A) by inserting ‘‘the training of staff pro- under this section is required to be trans- mitted and reduced by an additional 10 per- Secretary. Any reference in this Act to du- viding rapid response services and additional ties to be carried out by the Assistant Sec- assistance, the training of other staff of re- cent each subsequent fiscal year until each such report is transmitted to Congress.’’; and retary shall be considered to be a reference cipients of funds under this title, assistance to duties to be carried out by the Secretary regarding accounting and program operation (6) by adding at the end, the following: ‘‘(h) PUBLIC AVAILABILITY.—The results of acting through the Assistant Secretary.’’. practices (when such assistance would not be SEC. 247. PROMPT ALLOCATION OF FUNDS. duplicative to assistance provided by the the evaluations conducted under this section shall be made publicly available, including Section 182 (29 U.S.C. 2932) is amended— State), technical assistance to States that do (1) in subsection (c)— not meet State performance measures de- by posting such results on the Department’s website.’’. (A) by striking ‘‘127 or’’; and scribed in section 136,’’ after ‘‘localities,’’; (B) by striking ‘‘, except that’’ and all that CHAPTER 5—ADMINISTRATION and follows and inserting a period; and (B) by striking ‘‘from carrying out activi- SEC. 246. REQUIREMENTS AND RESTRICTIONS. (2) in subsection (e)— ties’’ and all that follows up to the period Section 181 (29 U.S.C. 2931) is amended— (A) by striking ‘‘sections 128 and 133’’ and and inserting ‘‘to implement the amend- (1) in subsection (b)(6), by striking ‘‘, in- inserting ‘‘section 133’’; and ments made by the SKILLS Act’’; cluding representatives of businesses and of (B) by striking ‘‘127 or’’. (5) in subsection (b) (as so redesignated)— labor organizations,’’; SEC. 248. FISCAL CONTROLS; SANCTIONS. (A) by striking ‘‘paragraph (1)’’ and insert- (2) in subsection (c)(2)(A), in the matter Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is ing ‘‘subsection (a)’’; preceding clause (i), by striking ‘‘shall’’ and amended— (B) by striking ‘‘, or recipient of financial inserting ‘‘may’’; (1) by striking ‘‘(A)’’ and all that follows assistance under any of sections 166 through (3) in subsection (e)— through ‘‘Each’’ and inserting ‘‘Each’’; and 169,’’; and (A) by striking ‘‘training for’’ and insert- (2) by striking subparagraph (B). (C) by striking ‘‘or grant recipient’’; ing ‘‘the entry into employment, retention SEC. 249. REPORTS TO CONGRESS. (6) in subsection (c) (as so redesignated), by in employment, or increases in earnings of’’; Section 185 (29 U.S.C. 2935) is amended— striking ‘‘paragraph (1)’’ and inserting ‘‘sub- and (1) in subsection (c)— section (a)’’; and (B) by striking ‘‘subtitle B’’ and inserting (A) in paragraph (2), by striking ‘‘and’’ (7) by inserting, after subsection (c) (as so ‘‘this Act’’; after the semicolon; redesignated), the following: (4) in subsection (f)(4), by striking (B) in paragraph (3), by striking the period ‘‘(d) BEST PRACTICES COORDINATION.—The ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and and inserting ‘‘; and’’; and Secretary shall— (5) by adding at the end the following: (C) by adding at the end the following: ‘‘(1) establish a system through which ‘‘(g) SALARY AND BONUS LIMITATION.— ‘‘(4) shall have the option to submit or dis- States may share information regarding best ‘‘(1) IN GENERAL.—No funds provided under seminate electronically any reports, records, practices with regard to the operation of this title shall be used by a recipient or sub- plans, or other data that are required to be workforce investment activities under this recipient of such funds to pay the salary and collected or disseminated under this title.’’; Act; and bonuses of an individual, either as direct and ‘‘(2) evaluate and disseminate information costs or indirect costs, at a rate in excess of (2) in subsection (e)(2), by inserting ‘‘and regarding best practices and identify knowl- the rate prescribed in level II of the Execu- the Secretary shall submit to the Committee edge gaps.’’. tive Schedule under section 5315 of title 5, on Education and the Workforce of the SEC. 242. EVALUATIONS. United States Code. House of Representatives and the Committee Section 172 (29 U.S.C. 2917) is amended— ‘‘(2) VENDORS.—The limitation described in on Health, Education, Labor, and Pensions of (1) in subsection (a), by striking ‘‘the Sec- paragraph (1) shall not apply to vendors pro- the Senate,’’ after ‘‘Secretary,’’. retary shall provide for the continuing eval- viding goods and services as defined in OMB SEC. 250. ADMINISTRATIVE PROVISIONS. uation of the programs and activities, in- Circular A–133. Section 189 (29 U.S.C. 2939) is amended— cluding those programs and activities car- ‘‘(3) LOWER LIMIT.—In a case in which a (1) in subsection (g)— ried out under section 171’’ and inserting State is a recipient of such funds, the State (A) by amending paragraph (1) to read as ‘‘the Secretary, through grants, contracts, or may establish a lower limit than is provided follows: cooperative agreements, shall conduct, at in paragraph (1) for salaries and bonuses of ‘‘(1) IN GENERAL.—Appropriations for any least once every 5 years, an independent those receiving salaries and bonuses from a fiscal year for programs and activities car- evaluation of the programs and activities subrecipient of such funds, taking into ac- ried out under this title shall be available for funded under this Act’’; count factors including the relative cost of obligation only on the basis of a program (2) by amending subsection (a)(4) to read as living in the State, the compensation levels year. The program year shall begin on Octo- follows: for comparable State or local government ber 1 in the fiscal year for which the appro- ‘‘(4) the impact of receiving services and employees, and the size of the organizations priation is made.’’; and not receiving services under such programs that administer the Federal programs in- (B) in paragraph (2)— and activities on the community, businesses, volved. (i) in the first sentence, by striking ‘‘each and individuals;’’; ‘‘(h) GENERAL AUTHORITY.— State’’ and inserting ‘‘each recipient (except

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S248 CONGRESSIONAL RECORD — SENATE January 9, 2014 as otherwise provided in this paragraph)’’; SEC. 253. FEDERAL AGENCY STAFF AND RESTRIC- executive-legislative relationships or par- and TIONS ON POLITICAL AND LOB- ticipation by an agency or officer of a State, (ii) in the second sentence, by striking ‘‘171 BYING ACTIVITIES. local, or tribal government in policymaking or’’; Subtitle E of title I (29 U.S.C. 2931 et seq.) and administrative processes within the ex- (2) in subsection (i)— is amended by adding at the end the fol- ecutive branch of that government. (A) by striking paragraphs (2) and (3); lowing new sections: ‘‘(b) POLITICAL RESTRICTIONS.— (B) by redesignating paragraph (4) as para- ‘‘SEC. 196. FEDERAL AGENCY STAFF. ‘‘(1) IN GENERAL.—No funds received by a graph (2); ‘‘The Director of the Office of Management participant of a program or activity under (C) by amending paragraph (2)(A), as so re- and Budget shall— this Act shall be used for— designated— ‘‘(1) not later than 60 days after the date of ‘‘(A) any partisan or nonpartisan political (i) in clause (i), by striking ‘‘; and’’ and in- the enactment of the SKILLS Act— activity or any other political activity asso- serting a period at the end; ‘‘(A) identify the number of Federal gov- ciated with a candidate, or contending fac- (ii) by striking ‘‘requirements of subpara- ernment employees who, on the day before tion or group, in an election for public or graph (B)’’ and all that follows through ‘‘any the date of enactment of the SKILLS Act, party office; or of the statutory or regulatory requirements worked on or administered each of the pro- ‘‘(B) any activity to provide voters with of subtitle B’’ and inserting ‘‘requirements of grams and activities that were authorized transportation to the polls or similar assist- under this Act or were authorized under a subparagraph (B) or (D), any of the statutory ance in connection with any such election. provision listed in section 401 of the SKILLS or regulatory requirements of subtitle B’’; ‘‘(2) RESTRICTION ON VOTER REGISTRATION Act; and and ACTIVITIES.—No funds under this Act shall be ‘‘(B) identify the number of full-time (iii) by striking clause (ii); and used to conduct voter registration activities. equivalent employees who on the day before (D) by adding at the end the following: ‘‘(3) DEFINITION.—For the purposes of this that date of enactment, worked on or admin- ‘‘(D) EXPEDITED PROCESS FOR EXTENDING subsection, the term ‘participant’ includes istered each of the programs and activities APPROVED WAIVERS TO ADDITIONAL STATES.— any State, local area, or government, non- described in subparagraph (A), on functions The Secretary may establish an expedited profit, or for-profit entity receiving funds for which the authorizing provision has been procedure for the purpose of extending to ad- under this Act.’’. ditional States the waiver of statutory or repealed, or for which an amount has been CHAPTER 6—STATE UNIFIED PLAN regulatory requirements that have been ap- consolidated (if such employee is in a dupli- proved for a State pursuant to a request cate position), on or after such date of enact- SEC. 256. STATE UNIFIED PLAN. under subparagraph (B), in lieu of requiring ment; Section 501 (20 U.S.C. 9271) is amended— the additional States to meet the require- ‘‘(2) not later than 90 after such date of en- (1) by amending subsection (a) to read as ments of subparagraphs (B) and (C). Such actment, publish the information described follows: procedure shall ensure that the extension of in paragraph (1) on the Office of Management ‘‘(a) GENERAL AUTHORITY.—The Secretary such a waiver to additional States is accom- and Budget website; and shall receive and approve State unified plans panied by appropriate conditions relating to ‘‘(3) not later than 1 year after such date of developed and submitted in accordance with the implementation of such waiver. enactment— this section.’’; ‘‘(E) EXTERNAL CONDITIONS.—The Secretary ‘‘(A) reduce the workforce of the Federal (2) by amending subsection (b) to read as shall not require or impose new or additional Government by the number of full-time follows: requirements, that are not specified under equivalent employees identified under para- ‘‘(b) STATE UNIFIED PLAN.— this Act, on a State in exchange for pro- graph (1)(B); and ‘‘(1) IN GENERAL.—A State may develop and viding a waiver to the State or a local area ‘‘(B) submit to Congress a report on how submit to the Secretary a State unified plan in the State under this paragraph.’’. the Director carried out the requirements of for 2 or more of the activities or programs SEC. 251. STATE LEGISLATIVE AUTHORITY. subparagraph (A). set forth in paragraph (2). The State unified Section 191(a) (29 U.S.C. 2941(a)) is amend- ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND PO- plan shall cover one or more of the activities ed— LITICAL ACTIVITIES. or programs set forth in subparagraphs (A) (1) by striking ‘‘consistent with the provi- ‘‘(a) LOBBYING RESTRICTIONS.— and (B) of paragraph (2) and shall cover one sions of this title’’ and inserting ‘‘consistent ‘‘(1) PUBLICITY RESTRICTIONS.— or more of the activities or programs set with State law and the provisions of this ‘‘(A) IN GENERAL.—Subject to subparagraph forth in subparagraphs (C) through (N) of title’’; and (B), no funds provided under this Act shall be paragraph (2). (2) by striking ‘‘consistent with the terms used or proposed for use, for— ‘‘(2) ACTIVITIES AND PROGRAMS.—For pur- and conditions required under this title’’ and ‘‘(i) publicity or propaganda purposes; or poses of paragraph (1), the term ‘activity or inserting ‘‘consistent with State law and the ‘‘(ii) the preparation, distribution, or use program’ means any 1 of the following 14 ac- terms and conditions required under this of any kit, pamphlet, booklet, publication, tivities or programs: title’’. electronic communication, radio, television, ‘‘(A) Activities and programs authorized SEC. 252. GENERAL PROGRAM REQUIREMENTS. or video presentation designed to support or under title I. Section 195 (29 U.S.C. 2945) is amended— defeat the enactment of legislation before ‘‘(B) Activities and programs authorized (1) in paragraph (7), by inserting at the end the Congress or any State or local legisla- under title II. the following: ture or legislative body. ‘‘(C) Programs authorized under title I of ‘‘(D) Funds received under a program by a ‘‘(B) EXCEPTION.—Subparagraph (A) shall the Rehabilitation Act of 1973 (29 U.S.C. 710 public or private nonprofit entity that are not apply to— et seq.). not described in subparagraph (B), such as ‘‘(i) normal and recognized executive-legis- ‘‘(D) Secondary career and technical edu- funds privately raised from philanthropic lative relationships; cation programs authorized under the Carl foundations, businesses, or other private en- ‘‘(ii) the preparation, distribution, or use D. Perkins Career and Technical Education tities, shall not be considered to be income of the materials described in subparagraph Act of 2006 (20 U.S.C. 2301 et seq.). under this title and shall not be subject to (A)(ii) in presentation to the Congress or any ‘‘(E) Postsecondary career and technical the requirements of this paragraph.’’; State or local legislature or legislative body education programs authorized under the (2) by striking paragraph (9); (except that this subparagraph does not Carl D. Perkins Career and Technical Edu- (3) by redesignating paragraphs (10) apply with respect to such preparation, dis- cation Act of 2006. through (13) as paragraphs (9) through (12), tribution, or use in presentation to the exec- ‘‘(F) Activities and programs authorized respectively; utive branch of any State or local govern- under title II of the Trade Act of 1974 (19 (4) by adding at the end the following new ment); or U.S.C. 2251 et seq.). paragraphs: ‘‘(iii) such preparation, distribution, or use ‘‘(G) Programs and activities authorized ‘‘(13) Funds provided under this title shall of such materials, that are designed to sup- under the Act of August 16, 1937 (commonly not be used to establish or operate stand- port or defeat any proposed or pending regu- known as the ‘National Apprenticeship Act’; alone fee-for-service enterprises that com- lation, administrative action, or order issued 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). pete with private sector employment agen- by the executive branch of any State or local ‘‘(H) Programs authorized under the Com- cies within the meaning of section 701(c) of government. munity Services Block Grant Act (42 U.S.C. the Civil Rights Act of 1964 (42 U.S.C. ‘‘(2) SALARY PAYMENT RESTRICTION.—No 9901 et seq.). 2000e(c)), except that for purposes of this funds provided under this Act shall be used, ‘‘(I) Programs authorized under part A of paragraph, such an enterprise does not in- or proposed for use, to pay the salary or ex- title IV of the Social Security Act (42 U.S.C. clude a one-stop center. penses of any grant or contract recipient, or 601 et seq.). ‘‘(14) Any report required to be submitted agent acting for such recipient, related to ‘‘(J) Programs authorized under State un- to Congress, or to a Committee of Congress, any activity designed to influence the enact- employment compensation laws (in accord- under this title shall be submitted to both ment or issuance of legislation, appropria- ance with applicable Federal law). the chairmen and ranking minority members tions, regulations, administrative action, or ‘‘(K) Work programs authorized under sec- of the Committee on Education and the an executive order proposed or pending be- tion 6(o) of the Food and Nutrition Act of Workforce of the House of Representatives fore the Congress or any State government, 1977 (7 U.S.C. 2015(o)). and the Committee on Health, Education, or a State or local legislature or legislative ‘‘(L) Activities and programs authorized Labor, and Pensions of the Senate.’’. body, other than for normal and recognized under title I of the Housing and Community

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S249 Development Act of 1974 (42 U.S.C. 5301 et ‘‘(B) title I of the Rehabilitation Act of ‘‘(A) a local educational agency; seq.). 1973 (29 U.S.C. 710 et seq.).’’. ‘‘(B) a community-based or faith-based or- ‘‘(M) Activities and programs authorized Subtitle B—Adult Education and Family ganization; under the Public Works and Economic Devel- Literacy Education ‘‘(C) a volunteer literacy organization; opment Act of 1965 (42 U.S.C. 3121 et seq.). SEC. 261. AMENDMENT. ‘‘(D) an institution of higher education; ‘‘(N) Activities authorized under chapter 41 Title II (20 U.S.C. 9201 et seq.) is amended ‘‘(E) a public or private educational agen- of title 38, United States Code.’’; to read as follows: cy; (3) by amending subsection (d) to read as ‘‘(F) a library; follows: ‘‘TITLE II—ADULT EDUCATION AND ‘‘(G) a public housing authority; FAMILY LITERACY EDUCATION ‘‘(d) APPROVAL.— ‘‘(H) an institution that is not described in ‘‘(1) JURISDICTION.—In approving a State ‘‘SEC. 201. SHORT TITLE. any of subparagraphs (A) through (G) and unified plan under this section, the Sec- ‘‘This title may be cited as the ‘Adult Edu- has the ability to provide adult education, retary shall— cation and Family Literacy Education Act’. basic skills, and family literacy education ‘‘(A) submit the portion of the State uni- ‘‘SEC. 202. PURPOSE. programs to adults and families; or fied plan covering an activity or program de- ‘‘It is the purpose of this title to provide ‘‘(I) a consortium of the agencies, organiza- scribed in subsection (b)(2) to the head of the instructional opportunities for adults seek- tions, institutions, libraries, or authorities Federal agency who exercises administrative ing to improve their literacy skills, includ- described in any of subparagraphs (A) authority over the activity or program for ing their basic reading, writing, speaking, through (H). the approval of such portion by such Federal and mathematics skills, and support States ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- agency head; or and local communities in providing, on a GRAM.—The term ‘English language acquisi- ‘‘(B) coordinate approval of the portion of voluntary basis, adult education and family tion program’ means a program of instruc- the State unified plan covering an activity literacy education programs, in order to— tion— or program described in subsection (b)(2) ‘‘(1) increase the literacy of adults, includ- ‘‘(A) designed to help English learners with the head of the Federal agency who ex- ing the basic reading, writing, speaking, and achieve competence in reading, writing, ercises administrative authority over the ac- mathematics skills, to a level of proficiency speaking, and comprehension of the English tivity or program. necessary for adults to obtain employment language; and ‘‘(2) TIMELINE.—A State unified plan shall and self-sufficiency and to successfully ad- ‘‘(B) that may lead to— be considered to be approved by the Sec- vance in the workforce; ‘‘(i) attainment of a secondary school di- retary at the end of the 90-day period begin- ‘‘(2) assist adults in the completion of a ploma or its recognized equivalent; ning on the day the Secretary receives the secondary school education (or its equiva- ‘‘(ii) transition to success in postsecondary plan, unless the Secretary makes a written lent) and the transition to a postsecondary education and training; and determination, during the 90-day period, that educational institution; ‘‘(iii) employment or career advancement. details how the plan is not consistent with ‘‘(3) assist adults who are parents to enable ‘‘(5) FAMILY LITERACY EDUCATION PRO- the requirements of the Federal statute au- them to support the educational develop- GRAM.—The term ‘family literacy education thorizing an activity or program described in ment of their children and make informed program’ means an educational program subsection (b)(2) and covered under the plan choices regarding their children’s education that— or how the plan is not consistent with the re- including, through instruction in basic read- ‘‘(A) assists parents and students, on a vol- quirements of subsection (c)(3). ing, writing, speaking, and mathematics untary basis, in achieving the purpose of this ‘‘(3) SCOPE OF PORTION.—For purposes of skills; and title as described in section 202; and paragraph (1), the portion of the State uni- ‘‘(4) assist adults who are not proficient in ‘‘(B) is of sufficient intensity in terms of fied plan covering an activity or program English in improving their reading, writing, hours and of sufficient quality to make sus- shall be considered to include the plan de- speaking, listening, comprehension, and tainable changes in a family, is evidence- scribed in subsection (c)(3) and any proposal mathematics skills. based, and, for the purpose of substantially described in subsection (e)(2), as that part ‘‘SEC. 203. DEFINITIONS. increasing the ability of parents and children and proposal relate to the activity or pro- ‘‘In this title: to read, write, and speak English, inte- gram.’’; and ‘‘(1) ADULT EDUCATION AND FAMILY LIT- grates— (4) by adding at the end the following: ERACY EDUCATION PROGRAMS.—The term ‘‘(i) interactive literacy activities between ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAIN- ‘adult education and family literacy edu- parents and their children; ING FUNDS.— cation programs’ means a sequence of aca- ‘‘(ii) training for parents regarding how to ‘‘(1) PURPOSE.—It is the purpose of this demic instruction and educational services be the primary teacher for their children and subsection to reduce inefficiencies in the ad- below the postsecondary level that increase full partners in the education of their chil- ministration of federally funded State and an individual’s ability to read, write, and dren; local employment and training programs. speak English and perform mathematical ‘‘(iii) parent literacy training that leads to ‘‘(2) IN GENERAL.—In developing a State computations leading to a level of pro- economic self-sufficiency; and unified plan for the activities or programs ficiency equivalent to at least a secondary ‘‘(iv) an age-appropriate education to pre- described in subsection (b)(2), and subject to school completion that is provided for indi- pare children for success in school and life paragraph (4) and to the State plan approval viduals— experiences. process under subsection (d), a State may ‘‘(A) who are at least 16 years of age; ‘‘(6) GOVERNOR.—The term ‘Governor’ propose to consolidate the amount, in whole ‘‘(B) who are not enrolled or required to be means the chief executive officer of a State or part, provided for the activities or pro- enrolled in secondary school under State or outlying area. grams covered by the plan into the Work- law; and ‘‘(7) INDIVIDUAL WITH A DISABILITY.— force Investment Fund under section 132(b) ‘‘(C) who— ‘‘(A) IN GENERAL.—The term ‘individual to improve the administration of State and ‘‘(i) lack sufficient mastery of basic read- with a disability’ means an individual with local employment and training programs. ing, writing, speaking, and mathematics any disability (as defined in section 3 of the ‘‘(3) REQUIREMENTS.—A State that has a skills to enable the individuals to function Americans with Disabilities Act of 1990). State unified plan approved under subsection effectively in society; ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The (d) with a proposal for consolidation under ‘‘(ii) do not have a secondary school di- term ‘individuals with disabilities’ means paragraph (2), and that is carrying out such ploma or its equivalent and have not more than one individual with a disability. consolidation, shall— achieved an equivalent level of education; or ‘‘(8) ENGLISH LEARNER.—The term ‘English ‘‘(A) in providing an activity or program ‘‘(iii) are English learners. learner’ means an adult or out-of-school for which an amount is consolidated into the ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible youth who has limited ability in reading, Workforce Investment Fund— agency’— writing, speaking, or understanding the ‘‘(i) continue to meet the program require- ‘‘(A) means the primary entity or agency English language, and— ments, limitations, and prohibitions of any in a State or an outlying area responsible for ‘‘(A) whose native language is a language Federal statute authorizing the activity or administering or supervising policy for adult other than English; or program; and education and family literacy education pro- ‘‘(B) who lives in a family or community ‘‘(ii) meet the intent and purpose for the grams in the State or outlying area, respec- environment where a language other than activity or program; and tively, consistent with the law of the State English is the dominant language. ‘‘(B) continue to make reservations and al- or outlying area, respectively; and ‘‘(9) INTEGRATED EDUCATION AND TRAIN- lotments under subsections (a) and (b) of sec- ‘‘(B) may be the State educational agency, ING.—The term ‘integrated education and tion 133. the State agency responsible for admin- training’ means services that provide adult ‘‘(4) EXCEPTIONS.—A State may not con- istering workforce investment activities, or education and literacy activities contex- solidate an amount under paragraph (2) that the State agency responsible for admin- tually and concurrently with workforce is allocated to the State under— istering community or technical colleges. preparation activities and workforce train- ‘‘(A) the Carl D. Perkins Career and Tech- ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- ing for a specific occupation or occupational nical Education Act of 2006 (20 U.S.C. 2301 et ble provider’ means an organization of dem- cluster. Such services may include offering seq.); or onstrated effectiveness that is— adult education services concurrent with

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S250 CONGRESSIONAL RECORD — SENATE January 9, 2014 postsecondary education and training, in- pend the grant in accordance with the provi- countability provisions described in para- cluding through co-instruction. sions of this title. graph (2)(A) and (3) of section 136(b) and may, ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— ‘‘(c) ALLOTMENTS.— at a State’s discretion, include additional in- The term ‘institution of higher education’ ‘‘(1) INITIAL ALLOTMENTS.—From the sums dicators identified in the State plan ap- has the meaning given the term in section appropriated under section 205 and not re- proved under section 224. 101 of the Higher Education Act of 1965. served under subsection (a) for a fiscal year, ‘‘Subtitle B—State Provisions the Secretary shall allot to each eligible ‘‘(11) LITERACY.—The term ‘literacy’ means ‘‘SEC. 221. STATE ADMINISTRATION. an individual’s ability to read, write, and agency having a State plan approved under ‘‘Each eligible agency shall be responsible speak in English, compute, and solve prob- section 224— for the following activities under this title: lems at a level of proficiency necessary to ‘‘(A) $100,000, in the case of an eligible ‘‘(1) The development, submission, imple- obtain employment and to successfully make agency serving an outlying area; and mentation, and monitoring of the State plan. the transition to postsecondary education. ‘‘(B) $250,000, in the case of any other eligi- ‘‘(2) Consultation with other appropriate ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The ble agency. agencies, groups, and individuals that are in- term ‘local educational agency’ has the ‘‘(2) ADDITIONAL ALLOTMENTS.—From the volved in, or interested in, the development meaning given the term in section 9101 of the sums appropriated under section 205, not re- and implementation of activities assisted Elementary and Secondary Education Act of served under subsection (a), and not allotted under this title. 1965. under paragraph (1), for a fiscal year, the ‘‘(3) Coordination and avoidance of duplica- ‘‘(13) OUTLYING AREA.—The term ‘outlying Secretary shall allot to each eligible agency tion with other Federal and State education, area’ has the meaning given the term in sec- that receives an initial allotment under training, corrections, public housing, and so- tion 101 of this Act. paragraph (1) an additional amount that cial service programs. OSTSECONDARY EDUCATIONAL INSTITU bears the same relationship to such sums as ‘‘(14) P - ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; TION.—The term ‘postsecondary educational the number of qualifying adults in the State MATCHING REQUIREMENT. institution’ means— or outlying area served by the eligible agen- ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each ‘‘(A) an institution of higher education cy bears to the number of such adults in all eligible agency receiving a grant under this that provides not less than a 2-year program States and outlying areas. title for a fiscal year— ‘‘(d) QUALIFYING ADULT.—For the purpose of instruction that is acceptable for credit ‘‘(1) shall use not less than 82.5 percent of of subsection (c)(2), the term ‘qualifying toward a bachelor’s degree; the grant funds to award grants and con- adult’ means an adult who— ‘‘(B) a tribally controlled community col- tracts under section 231 and to carry out sec- ‘‘(1) is at least 16 years of age; lege; or tion 225, of which not more than 10 percent of ‘‘(2) is beyond the age of compulsory school ‘‘(C) a nonprofit educational institution of- such amount shall be available to carry out attendance under the law of the State or fering certificate or apprenticeship programs section 225; outlying area; at the postsecondary level. ‘‘(2) shall use not more than 12.5 percent of ‘‘(3) does not have a secondary school di- ‘‘(15) SECRETARY.—The term ‘Secretary’ the grant funds to carry out State leadership ploma or its recognized equivalent; and means the Secretary of Education. activities under section 223; and ‘‘(4) is not enrolled in secondary school. ‘‘(16) STATE.—The term ‘State’ means each ‘‘(3) shall use not more than 5 percent of ‘‘(e) SPECIAL RULE.— of the several States of the United States, the grant funds, or $65,000, whichever is ‘‘(1) IN GENERAL.—From amounts made the District of Columbia, and the Common- greater, for the administrative expenses of wealth of Puerto Rico. available under subsection (c) for the Repub- lic of Palau, the Secretary shall award the eligible agency. ‘‘(17) STATE EDUCATIONAL AGENCY.—The ‘‘(b) MATCHING REQUIREMENT.— grants to Guam, American Samoa, the Com- term ‘State educational agency’ has the ‘‘(1) IN GENERAL.—In order to receive a monwealth of the Northern Mariana Islands, meaning given the term in section 9101 of the grant from the Secretary under section or the Republic of Palau to carry out activi- Elementary and Secondary Education Act of 211(b), each eligible agency shall provide, for ties described in this title in accordance with 1965. the costs to be incurred by the eligible agen- the provisions of this title as determined by ‘‘(18) WORKPLACE LITERACY PROGRAM.—The cy in carrying out the adult education and the Secretary. term ‘workplace literacy program’ means an family literacy education programs for ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- educational program that is offered in col- which the grant is awarded, a non-Federal standing any other provision of law, the Re- laboration between eligible providers and contribution in an amount that is not less public of Palau shall be eligible to receive a employers or employee organizations for the than— grant under this title until an agreement for purpose of improving the productivity of the ‘‘(A) in the case of an eligible agency serv- the extension of United States education as- workforce through the improvement of read- ing an outlying area, 12 percent of the total sistance under the Compact of Free Associa- ing, writing, speaking, and mathematics amount of funds expended for adult edu- tion for the Republic of Palau becomes effec- skills. cation and family literacy education pro- tive. ‘‘SEC. 204. HOME SCHOOLS. grams in the outlying area, except that the ‘‘(f) HOLD-HARMLESS PROVISIONS.— ‘‘Nothing in this title shall be construed to Secretary may decrease the amount of funds ‘‘(1) IN GENERAL.—Notwithstanding sub- affect home schools, whether or not a home section (c) and subject to paragraph (2), for— required under this subparagraph for an eli- school is treated as a home school or a pri- ‘‘(A) fiscal year 2015, no eligible agency gible agency; and vate school under State law, or to compel a shall receive an allotment under this title ‘‘(B) in the case of an eligible agency serv- parent engaged in home schooling to partici- that is less than 90 percent of the allotment ing a State, 25 percent of the total amount of pate in adult education and family literacy the eligible agency received for fiscal year funds expended for adult education and fam- education activities under this title. 2012 under this title; and ily literacy education programs in the State. ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) fiscal year 2016 and each succeeding ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- ‘‘There are authorized to be appropriated fiscal year, no eligible agency shall receive ble agency’s non-Federal contribution re- to carry out this title, $606,294,933 for fiscal an allotment under this title that is less quired under paragraph (1) may be provided year 2015 and for each of the 6 succeeding fis- than 90 percent of the allotment the eligible in cash or in kind, fairly evaluated, and shall cal years. agency received for the preceding fiscal year include only non-Federal funds that are used ‘‘Subtitle A—Federal Provisions under this title. for adult education and family literacy edu- cation programs in a manner that is con- ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(2) RATABLE REDUCTION.—If, for any fiscal ELIGIBLE AGENCIES; ALLOTMENTS. year the amount available for allotment sistent with the purpose of this title. ‘‘(a) RESERVATION OF FUNDS.—From the under this title is insufficient to satisfy the ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. sums appropriated under section 205 for a fis- provisions of paragraph (1), the Secretary ‘‘(a) IN GENERAL.—Each eligible agency cal year, the Secretary shall reserve 2.0 per- shall ratable reduce the payments to all eli- may use funds made available under section cent to carry out section 242. gible agencies, as necessary. 222(a)(2) for any of the following adult edu- ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— ‘‘(g) REALLOTMENT.—The portion of any el- cation and family literacy education pro- ‘‘(1) IN GENERAL.—From the sums appro- igible agency’s allotment under this title for grams: priated under section 205 and not reserved a fiscal year that the Secretary determines ‘‘(1) The establishment or operation of pro- under subsection (a) for a fiscal year, the will not be required for the period such allot- fessional development programs to improve Secretary shall award a grant to each eligi- ment is available for carrying out activities the quality of instruction provided pursuant ble agency having a State plan approved under this title, shall be available for real- to local activities required under section under section 224 in an amount equal to the lotment from time to time, on such dates 231(b). sum of the initial allotment under sub- during such period as the Secretary shall fix, ‘‘(2) The provision of technical assistance section (c)(1) and the additional allotment to other eligible agencies in proportion to to eligible providers of adult education and under subsection (c)(2) for the eligible agen- the original allotments to such agencies family literacy education programs, includ- cy for the fiscal year, subject to subsections under this title for such year. ing for the development and dissemination of (f) and (g). ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- evidence based research instructional prac- ‘‘(2) PURPOSE OF GRANTS.—The Secretary TEM. tices in reading, writing, speaking, mathe- may award a grant under paragraph (1) only ‘‘Programs and activities authorized under matics, and English language acquisition if the eligible agency involved agrees to ex- this title are subject to the performance ac- programs.

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‘‘(3) The provision of assistance to eligible ‘‘(4) a description of how the eligible agen- ‘‘(c) PLAN REVISIONS.—When changes in providers in developing, implementing, and cy will annually evaluate and measure the conditions or other factors require substan- reporting measurable progress in achieving effectiveness and improvement of the adult tial revisions to an approved State plan, the the objectives of this title. education and family literacy education pro- eligible agency shall submit the revisions of ‘‘(4) The monitoring and evaluation of the grams funded under this title using the indi- the State plan to the Secretary. quality of, and the improvement in, adult cators of performance described in section ‘‘(d) CONSULTATION.—The eligible agency education and literacy activities. 136, including how the eligible agency will shall— ‘‘(5) The provision of technology assist- conduct such annual evaluations and meas- ‘‘(1) submit the State plan, and any revi- ance, including staff training, to eligible pro- ures for each grant received under this title; sions to the State plan, to the Governor, the viders of adult education and family literacy ‘‘(5) a description of how the eligible agen- chief State school officer, or the State offi- education programs, including distance edu- cy will fund local activities in accordance cer responsible for administering community cation activities, to enable the eligible pro- with the measurable goals described in sec- or technical colleges, or outlying area for re- viders to improve the quality of such activi- tion 231(d); view and comment; and ties. ‘‘(6) an assurance that the eligible agency ‘‘(2) ensure that any comments regarding ‘‘(6) The development and implementation will expend the funds under this title only in the State plan by the Governor, the chief of technology applications or distance edu- a manner consistent with fiscal require- State school officer, or the State officer re- cation, including professional development ments in section 241; sponsible for administering community or to support the use of instructional tech- ‘‘(7) a description of the process that will technical colleges, and any revision to the nology. be used for public participation and com- State plan, are submitted to the Secretary. ‘‘(e) PLAN APPROVAL.—The Secretary ‘‘(7) Coordination with other public pro- ment with respect to the State plan, which— shall— grams, including programs under title I of ‘‘(A) shall include consultation with the ‘‘(1) approve a State plan within 90 days this Act, and other welfare-to-work, work- State workforce investment board, the State after receiving the plan unless the Secretary force development, and job training pro- board responsible for administering commu- makes a written determination within 30 grams. nity or technical colleges, the Governor, the days after receiving the plan that the plan ‘‘(8) Coordination with existing support State educational agency, the State board or does not meet the requirements of this sec- services, such as transportation, child care, agency responsible for administering block tion or is inconsistent with specific provi- and other assistance designed to increase grants for temporary assistance to needy sions of this subtitle; and rates of enrollment in, and successful com- families under title IV of the Social Security ‘‘(2) not finally disapprove of a State plan pletion of, adult education and family lit- Act, the State council on disabilities, the before offering the eligible agency the oppor- eracy education programs, for adults en- State vocational rehabilitation agency, and tunity, prior to the expiration of the 30-day rolled in such activities. other State agencies that promote the im- period beginning on the date on which the el- ‘‘(9) The development and implementation provement of adult education and family lit- igible agency received the written deter- of a system to assist in the transition from eracy education programs, and direct pro- mination described in paragraph (1), to re- adult basic education to postsecondary edu- viders of such programs; and view the plan and providing technical assist- cation. ‘‘(B) may include consultation with the ance in order to assist the eligible agency in ‘‘(10) Activities to promote workplace lit- State agency on higher education, institu- meeting the requirements of this subtitle. eracy programs. tions responsible for professional develop- ‘‘(11) Other activities of statewide signifi- ment of adult education and family literacy ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- cance, including assisting eligible providers CATION AND OTHER INSTITU- education programs instructors, representa- TIONALIZED INDIVIDUALS. in achieving progress in improving the skill tives of business and industry, refugee assist- levels of adults who participate in programs ‘‘(a) PROGRAM AUTHORIZED.—From funds ance programs, and faith-based organiza- made available under section 222(a)(1) for a under this title. tions; fiscal year, each eligible agency shall carry ‘‘(12) Integration of literacy, instructional, ‘‘(8) a description of the eligible agency’s out corrections education and education for and occupational skill training and pro- strategies for serving populations that in- other institutionalized individuals. motion of linkages with employees. clude, at a minimum— ‘‘(b) USES OF FUNDS.—The funds described ‘‘(b) COORDINATION.—In carrying out this ‘‘(A) low-income individuals; in subsection (a) shall be used for the cost of section, eligible agencies shall coordinate ‘‘(B) individuals with disabilities; educational programs for criminal offenders where possible, and avoid duplicating efforts, ‘‘(C) the unemployed; in order to maximize the impact of the ac- in correctional institutions and for other in- ‘‘(D) the underemployed; and tivities described in subsection (a). stitutionalized individuals, including aca- ‘‘(E) individuals with multiple barriers to ‘‘(c) STATE-IMPOSED REQUIREMENTS.— demic programs for— Whenever a State or outlying area imple- educational enhancement, including English ‘‘(1) basic skills education; ments any rule or policy relating to the ad- learners; ‘‘(2) special education programs as deter- ministration or operation of a program au- ‘‘(9) a description of how the adult edu- mined by the eligible agency; thorized under this title that has the effect cation and family literacy education pro- ‘‘(3) reading, writing, speaking, and mathe- of imposing a requirement that is not im- grams that will be carried out with any matics programs; posed under Federal law (including any rule funds received under this title will be inte- ‘‘(4) secondary school credit or diploma or policy based on a State or outlying area grated with other adult education, career de- programs or their recognized equivalent; and interpretation of a Federal statute, regula- velopment, and employment and training ac- ‘‘(5) integrated education and training. tion, or guideline), the State or outlying tivities in the State or outlying area served ‘‘(c) PRIORITY.—Each eligible agency that area shall identify, to eligible providers, the by the eligible agency; is using assistance provided under this sec- rule or policy as being imposed by the State ‘‘(10) a description of the steps the eligible tion to carry out a program for criminal of- or outlying area. agency will take to ensure direct and equi- fenders within a correctional institution ‘‘SEC. 224. STATE PLAN. table access, as required in section 231(c)(1), shall give priority to serving individuals who ‘‘(a) 3-YEAR PLANS.— including— are likely to leave the correctional institu- ‘‘(1) IN GENERAL.—Each eligible agency de- ‘‘(A) how the State will build the capacity tion within 5 years of participation in the siring a grant under this title for any fiscal of community-based and faith-based organi- program. year shall submit to, or have on file with, zations to provide adult education and fam- ‘‘(d) DEFINITIONS.—In this section: the Secretary a 3-year State plan. ily literacy education programs; and ‘‘(1) CORRECTIONAL INSTITUTION.—The term ‘‘(2) STATE UNIFIED PLAN.—The eligible ‘‘(B) how the State will increase the par- ‘correctional institution’ means any— agency may submit the State plan as part of ticipation of business and industry in adult ‘‘(A) prison; a State unified plan described in section 501. education and family literacy education pro- ‘‘(B) jail; ‘‘(b) PLAN CONTENTS.—The eligible agency grams; ‘‘(C) reformatory; shall include in the State plan or any revi- ‘‘(11) an assessment of the adequacy of the ‘‘(D) work farm; sions to the State plan— system of the State or outlying area to en- ‘‘(E) detention center; or ‘‘(1) an objective assessment of the needs of sure teacher quality and a description of how ‘‘(F) halfway house, community-based re- individuals in the State or outlying area for the State or outlying area will use funds re- habilitation center, or any other similar in- adult education and family literacy edu- ceived under this subtitle to improve teacher stitution designed for the confinement or re- cation programs, including individuals most quality, including evidence-based profes- habilitation of criminal offenders. in need or hardest to serve; sional development to improve instruction; ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- ‘‘(2) a description of the adult education and nal offender’ means any individual who is and family literacy education programs that ‘‘(12) a description of how the eligible agen- charged with, or convicted of, any criminal will be carried out with funds received under cy will consult with any State agency re- offense. this title; sponsible for postsecondary education to de- ‘‘Subtitle C—Local Provisions ‘‘(3) an assurance that the funds received velop adult education that prepares students ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- under this title will not be expended for any to enter postsecondary education without BLE PROVIDERS. purpose other than for activities under this the need for remediation upon completion of ‘‘(a) GRANTS AND CONTRACTS.—From grant title; secondary school equivalency programs. funds made available under section 222(a)(1),

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S252 CONGRESSIONAL RECORD — SENATE January 9, 2014 each eligible agency shall award multi-year pant outcomes (consistent with section 136) ‘‘(C) provide adult education professional grants or contracts, on a competitive basis, and to monitor program performance; development; and to eligible providers within the State or out- ‘‘(12) the local communities have a dem- ‘‘(D) use distance education and improve lying area that meet the conditions and re- onstrated need for additional English lan- the application of technology in the class- quirements of this title to enable the eligible guage acquisition programs, and integrated room, including instruction in English lan- providers to develop, implement, and im- education and training programs; guage acquisition for English learners. prove adult education and family literacy ‘‘(13) the capacity of the eligible provider ‘‘(2) Providing for the conduct of research education programs within the State. to produce valid information on performance on national literacy basic skill acquisition ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- results, including enrollments and measur- levels among adults, including the number of cy shall require eligible providers receiving a able participant outcomes; adult English learners functioning at dif- grant or contract under subsection (a) to es- ‘‘(14) adult education and family literacy ferent levels of reading proficiency. tablish or operate— education programs offer rigorous reading, ‘‘(3) Improving the coordination, effi- ‘‘(1) programs that provide adult education writing, speaking, and mathematics content ciency, and effectiveness of adult education and literacy activities; that are evidence based; and and workforce development services at the ‘‘(2) programs that provide integrated edu- ‘‘(15) applications of technology, and serv- national, State, and local levels. cation and training activities; or ices to be provided by the eligible providers, ‘‘(4) Determining how participation in ‘‘(3) credit-bearing postsecondary are of sufficient intensity and duration to in- adult education, English language acquisi- coursework. crease the amount and quality of learning tion, and family literacy education programs ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME and lead to measurable learning gains within prepares individuals for entry into and suc- PROCESS.—Each eligible agency receiving funds under this title shall ensure that— specified time periods. cess in postsecondary education and employ- PECIAL RULE.—Eligible providers may ‘‘(1) all eligible providers have direct and ‘‘(e) S ment, and in the case of prison-based serv- use grant funds under this title to serve chil- equitable access to apply for grants or con- ices, the effect on recidivism. dren participating in family literacy pro- tracts under this section; and ‘‘(5) Evaluating how different types of pro- grams assisted under this part, provided that ‘‘(2) the same grant or contract announce- viders, including community and faith-based ment process and application process is used other sources of funds available to provide organizations or private for-profit agencies for all eligible providers in the State or out- similar services for such children are used measurably improve the skills of partici- lying area. first. pants in adult education, English language ‘‘(d) MEASURABLE GOALS.—The eligible ‘‘SEC. 232. LOCAL APPLICATION. acquisition, and family literacy education agency shall require eligible providers re- ‘‘Each eligible provider desiring a grant or programs. ceiving a grant or contract under subsection contract under this title shall submit an ap- ‘‘(6) Identifying model integrated basic and (a) to demonstrate— plication to the eligible agency containing workplace skills education programs, includ- ‘‘(1) the eligible provider’s measurable such information and assurances as the eligi- ing programs for English learners coordi- goals for participant outcomes to be ble agency may require, including— nated literacy and employment services, and achieved annually on the core indicators of ‘‘(1) a description of how funds awarded effective strategies for serving adults with performance described in section 136(b)(2)(A); under this title will be spent consistent with disabilities. ‘‘(2) the past effectiveness of the eligible the requirements of this title; ‘‘(7) Initiating other activities designed to provider in improving the basic academic ‘‘(2) a description of any cooperative ar- improve the measurable quality and effec- skills of adults and, for eligible providers re- rangements the eligible provider has with tiveness of adult education, English lan- ceiving grants in the prior year, the success other agencies, institutions, or organizations guage acquisition, and family literacy edu- of the eligible provider receiving funding for the delivery of adult education and fam- cation programs nationwide.’’. under this title in exceeding its performance ily literacy education programs; and Subtitle C—Amendments to the Wagner- goals in the prior year; ‘‘(3) each of the demonstrations required Peyser Act ‘‘(3) the commitment of the eligible pro- by section 231(d). vider to serve individuals in the community SEC. 266. AMENDMENTS TO THE WAGNER-PEYSER ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. ACT. who are the most in need of basic academic ‘‘(a) IN GENERAL.—Subject to subsection skills instruction services, including individ- Section 15 of the Wagner-Peyser Act (29 (b), of the amount that is made available U.S.C. 49l–2) is amended to read as follows: uals with disabilities and individuals who are under this title to an eligible provider— low-income or have minimal reading, writ- ‘‘(1) at least 95 percent shall be expended ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- ing, speaking, and mathematics skills, or are for carrying out adult education and family FORMATION SYSTEM. English learners; literacy education programs; and ‘‘(a) SYSTEM CONTENT.— ‘‘(4) the program is of sufficient intensity ‘‘(2) the remaining amount shall be used ‘‘(1) IN GENERAL.—The Secretary of Labor and quality for participants to achieve sub- for planning, administration, personnel and (referred to in this section as the ‘Sec- stantial learning gains; professional development, development of retary’), in accordance with the provisions of ‘‘(5) educational practices are evidence- measurable goals in reading, writing, speak- this section, shall oversee the development, based; ing, and mathematics, and interagency co- maintenance, and continuous improvement ‘‘(6) the activities of the eligible provider ordination. of a nationwide workforce and labor market effectively employ advances in technology, ‘‘(b) SPECIAL RULE.—In cases where the information system that includes— and delivery systems including distance edu- cost limits described in subsection (a) are ‘‘(A) statistical data from cooperative sta- cation; too restrictive to allow for adequate plan- tistical survey and projection programs and ‘‘(7) the activities provide instruction in ning, administration, personnel develop- data from administrative reporting systems real-life contexts, including integrated edu- ment, and interagency coordination, the eli- that, taken together, enumerate, estimate, cation and training when appropriate, to en- gible provider may negotiate with the eligi- and project employment opportunities and sure that an individual has the skills needed ble agency in order to determine an adequate conditions at national, State, and local lev- to compete in the workplace and exercise the level of funds to be used for noninstructional els in a timely manner, including statistics rights and responsibilities of citizenship; purposes. on— ‘‘(8) the activities are staffed by well- ‘‘(i) employment and unemployment status ‘‘Subtitle D—General Provisions trained instructors, counselors, and adminis- of national, State, and local populations, in- trators who meet minimum qualifications ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. cluding self-employed, part-time, and sea- established by the State; ‘‘Funds made available for adult education sonal workers; ‘‘(9) the activities are coordinated with and family literacy education programs ‘‘(ii) industrial distribution of occupations, other available resources in the community, under this title shall supplement and not as well as current and projected employment such as through strong links with elemen- supplant other State or local public funds ex- opportunities, wages, benefits (where data is tary schools and secondary schools, postsec- pended for adult education and family lit- available), and skill trends by occupation ondary educational institutions, local work- eracy education programs. and industry, with particular attention paid force investment boards, one-stop centers, ‘‘SEC. 242. NATIONAL ACTIVITIES. to State and local conditions; job training programs, community-based and ‘‘The Secretary shall establish and carry ‘‘(iii) the incidence of, industrial and geo- faith-based organizations, and social service out a program of national activities that graphical location of, and number of workers agencies; may include the following: displaced by, permanent layoffs and plant ‘‘(10) the activities offer flexible schedules ‘‘(1) Providing technical assistance to eli- closings; and and support services (such as child care and gible entities, on request, to— ‘‘(iv) employment and earnings informa- transportation) that are necessary to enable ‘‘(A) improve their fiscal management, re- tion maintained in a longitudinal manner to individuals, including individuals with dis- search-based instruction, and reporting re- be used for research and program evaluation; abilities or other special needs, to attend and quirements to carry out the requirements of ‘‘(B) information on State and local em- complete programs; this title; ployment opportunities, and other appro- ‘‘(11) the activities include a high-quality ‘‘(B) improve its performance on the core priate statistical data related to labor mar- information management system that has indicators of performance described in sec- ket dynamics, which— the capacity to report measurable partici- tion 136; ‘‘(i) shall be current and comprehensive;

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S253 ‘‘(ii) shall meet the needs identified independently collected, retained, or pro- section (a) that comprise a statewide work- through the consultations described in sub- duced for purposes other than the purposes force and labor market information system; paragraphs (C) and (D) of subsection (e)(1); of this Act. ‘‘(B) establish a process for the oversight of and ‘‘(b) SYSTEM RESPONSIBILITIES.— such system; ‘‘(iii) shall meet the needs for the informa- ‘‘(1) IN GENERAL.—The workforce and labor ‘‘(C) consult with State and local employ- tion identified in section 121(e)(1)(E) of the market information system described in sub- ers, participants, and local workforce invest- Workforce Investment Act of 1998 (29 U.S.C. section (a) shall be planned, administered, ment boards about the labor market rel- 2841(e)(1)(E)); overseen, and evaluated through a coopera- evance of the data to be collected and dis- ‘‘(C) technical standards (which the Sec- tive governance structure involving the Fed- seminated through the statewide workforce retary shall publish annually) for data and eral Government and States. and labor market information system; information described in subparagraphs (A) ‘‘(2) DUTIES.—The Secretary, with respect ‘‘(D) consult with State educational agen- and (B) that, at a minimum, meet the cri- to data collection, analysis, and dissemina- cies and local educational agencies con- teria of chapter 35 of title 44, United States tion of workforce and labor market informa- cerning the provision of workforce and labor Code; tion for the system, shall carry out the fol- market information in order to meet the ‘‘(D) procedures to ensure compatibility lowing duties: needs of secondary school and postsecondary and additivity of the data and information ‘‘(A) Assign responsibilities within the De- school students who seek such information; described in subparagraphs (A) and (B) from partment of Labor for elements of the work- ‘‘(E) collect and disseminate for the sys- national, State, and local levels; force and labor market information system tem, on behalf of the State and localities in ‘‘(E) procedures to support standardization described in subsection (a) to ensure that all the State, the information and data de- and aggregation of data from administrative statistical and administrative data collected scribed in subparagraphs (A) and (B) of sub- reporting systems described in subparagraph is consistent with appropriate Bureau of section (a)(1); (A) of employment-related programs; Labor Statistics standards and definitions. ‘‘(F) maintain and continuously improve ‘‘(F) analysis of data and information de- ‘‘(B) Actively seek the cooperation of other the statewide workforce and labor market scribed in subparagraphs (A) and (B) for uses Federal agencies to establish and maintain information system in accordance with this such as— mechanisms for ensuring complementarity section; ‘‘(i) national, State, and local policy- and nonduplication in the development and ‘‘(G) perform contract and grant respon- making; operation of statistical and administrative sibilities for data collection, analysis, and ‘‘(ii) implementation of Federal policies data collection activities. dissemination for such system; (including allocation formulas); ‘‘(C) Eliminate gaps and duplication in sta- ‘‘(H) conduct such other data collection, ‘‘(iii) program planning and evaluation; tistical undertakings, with the analysis, and dissemination activities as will and systemization of wage surveys as an early ensure an effective statewide workforce and ‘‘(iv) researching labor market dynamics; priority. labor market information system; ‘‘(G) wide dissemination of such data, in- ‘‘(D) In collaboration with the Bureau of ‘‘(I) actively seek the participation of formation, and analysis in a user-friendly Labor Statistics and States, develop and other State and local agencies in data collec- manner and voluntary technical standards maintain the elements of the workforce and tion, analysis, and dissemination activities for dissemination mechanisms; and labor market information system described in order to ensure complementarity, compat- ‘‘(H) programs of— in subsection (a), including the development ibility, and usefulness of data; ‘‘(i) training for effective data dissemina- of consistent procedures and definitions for ‘‘(J) participate in the development of, and tion; use by the States in collecting the data and submit to the Secretary, an annual plan to ‘‘(ii) research and demonstration; and information described in subparagraphs (A) carry out the requirements and authorities ‘‘(iii) programs and technical assistance. and (B) of subsection (a)(1). of this subsection; and ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— ‘‘(E) Establish procedures for the system to ‘‘(K) utilize the quarterly records described ‘‘(A) IN GENERAL.—No officer or employee ensure that— in section 136(f)(2) of the Workforce Invest- of the Federal Government or agent of the ‘‘(i) such data and information are timely; ment Act of 1998 (29 U.S.C. 2871(f)(2)) to assist Federal Government may— ‘‘(ii) paperwork and reporting for the sys- ‘‘(i) use any submission that is furnished the State and other States in measuring tem are reduced to a minimum; and State progress on State performance meas- for exclusively statistical purposes under the ‘‘(iii) States and localities are fully in- provisions of this section for any purpose ures. volved in the development and continuous ‘‘(2) RULE OF CONSTRUCTION.—Nothing in other than the statistical purposes for which improvement of the system at all levels. the submission is furnished; this section shall be construed as limiting ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- the ability of a Governor to conduct addi- ‘‘(ii) disclose to the public any publication VIDE SERVICES.—The Secretary is authorized or media transmittal of the data contained tional data collection, analysis, and dissemi- to assist in the development of national elec- nation activities with State funds or with in the submission described in clause (i) that tronic tools that may be used to facilitate permits information concerning an indi- Federal funds from sources other than this the delivery of work ready services described section. vidual subject to be reasonably inferred by in section 134(c)(2) of the Workforce Invest- either direct or indirect means; or ment Act of 1998 (29 U.S.C. 2864(c)(2)) and to ‘‘(f) NONDUPLICATION REQUIREMENT.—None ‘‘(iii) permit anyone other than a sworn of- provide workforce and labor market infor- of the functions and activities carried out ficer, employee, or agent of any Federal de- mation to individuals through the one-stop pursuant to this section shall duplicate the partment or agency, or a contractor (includ- delivery systems described in section 121 and functions and activities carried out under ing an employee of a contractor) of such de- through other appropriate delivery systems. the Carl D. Perkins Career and Technical partment or agency, to examine an indi- ‘‘(d) COORDINATION WITH THE STATES.— Education Act of 2006 (20 U.S.C. 2301 et seq.). vidual submission described in clause (i), ‘‘(1) IN GENERAL.—The Secretary, working ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— without the consent of the individual, agen- through the Bureau of Labor Statistics and There are authorized to be appropriated to cy, or other person who is the subject of the the Employment and Training Administra- carry out this section $60,153,000 for fiscal submission or provides that submission. tion, shall regularly consult with representa- year 2015 and each of the 6 succeeding fiscal ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any tives of State agencies carrying out work- years.’’. submission (including any data derived from force information activities regarding strat- Subtitle D—Repeals and Conforming the submission) that is collected and re- egies for improving the workforce and labor Amendments tained by a Federal department or agency, or market information system. an officer, employee, agent, or contractor of ‘‘(2) FORMAL CONSULTATIONS.—At least SEC. 271. REPEALS. such a department or agency, for exclusively twice each year, the Secretary, working The following provisions are repealed: statistical purposes under this section shall through the Bureau of Labor Statistics, shall (1) Chapter 4 of subtitle B of title I, and be immune from the legal process and shall conduct formal consultations regarding pro- sections 123, 155, 166, 167, 168, 169, 171, 173, not, without the consent of the individual, grams carried out by the Bureau of Labor 173A, 174, 192, 194, 502, 503, and 506 of the agency, or other person who is the subject of Statistics with representatives of each of the Workforce Investment Act of 1998, as in ef- the submission or provides that submission, Federal regions of the Bureau of Labor Sta- fect on the day before the date of enactment be admitted as evidence or used for any pur- tistics, elected (pursuant to a process estab- of the SKILLS Act. pose in any action, suit, or other judicial or lished by the Secretary) from the State di- (2) Title V of the Older Americans Act of administrative proceeding. rectors affiliated with State agencies that 1965 (42 U.S.C. 3056 et seq.). ‘‘(C) RULE OF CONSTRUCTION.—Nothing in perform the duties described in subsection (3) Sections 1 through 14 of the Wagner- this section shall be construed to provide im- (e)(1). Peyser Act (29 U.S.C. 49 et seq.). munity from the legal process for such sub- ‘‘(e) STATE RESPONSIBILITIES.— (4) The Twenty-First Century Workforce mission (including any data derived from the ‘‘(1) IN GENERAL.—In order to receive Fed- Commission Act (29 U.S.C. 2701 note). submission) if the submission is in the pos- eral financial assistance under this section, (5) Public Law 91–378, 16 U.S.C. 1701 et seq. session of any person, agency, or entity the Governor of a State shall— (popularly known as the ‘‘Youth Conserva- other than the Federal Government or an of- ‘‘(A) be responsible for the management of tion Corps Act of 1970’’). ficer, employee, agent, or contractor of the the portions of the workforce and labor mar- (6) Section 821 of the Higher Education Federal Government, or if the submission is ket information system described in sub- Amendments of 1998 (20 U.S.C. 1151).

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(7) The Women in Apprenticeship and Non- ‘‘(II) SERVICE CONTRACTS AND VOUCHERS.— amended by striking ‘‘equivalent to those of- traditional Occupations Act (29 U.S.C. 2501 et In lieu of providing reimbursements or pay- fered under the employment and training seq.). ments for dependent care expenses under program’’. (8) Sections 4103A and 4104 of title 38, clause (i), a State agency may, at the option (b) AMENDMENTS TO SECTION 412 OF THE IM- United States Code. of the State agency, arrange for dependent MIGRATION AND NATIONALITY ACT.— SEC. 272. AMENDMENTS TO OTHER LAWS. care through providers by the use of pur- (1) CONDITIONS AND CONSIDERATIONS.—Sec- Section 104(k)(6)(A) of the Comprehensive chase of service contracts or vouchers or by tion 412(a) of the Immigration and Nation- Environmental Response, Compensation, and providing vouchers to the household. ality Act (8 U.S.C. 1522(a)) is amended— Liability Act of 1980 (42 U.S.C. 9604(k)(6)(A)) ‘‘(III) VALUE OF REIMBURSEMENTS.—The (A) in paragraph (1)— is amended by striking ‘‘training, research, value of any dependent care services pro- (i) in subparagraph (A)(i), by striking and’’ and inserting ‘‘research and’’. vided for or arranged under clause (ii), or ‘‘make available sufficient resources for em- (a) AMENDMENTS TO THE FOOD AND NUTRI- any amount received as a payment or reim- ployment training and placement’’ and in- TION ACT OF 2008.— bursement under clause (i), shall— serting ‘‘provide refugees with the oppor- (1) DEFINITION.—Section 3(t) of the Food ‘‘(aa) not be treated as income for the pur- tunity to access employment and training and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is poses of any other Federal or federally as- services, including job placement,’’; and amended— sisted program that bases eligibility for, or (ii) in subparagraph (B)(ii), by striking (A) by striking ‘‘means (1) the agency’’ and the amount of benefits on, need; and ‘‘services;’’ and inserting ‘‘services provided inserting the following: ‘‘means— ‘‘(bb) not be claimed as an employment-re- through the Workforce Investment Act of ‘‘(A) the agency’’; lated expense for the purposes of the credit 1998 (29 U.S.C. 2801 et seq.);’’; (B) by striking ‘‘programs, and (2) the trib- provided under section 21 of the Internal (B) in paragraph (2)(C)(iii)(II), by inserting al’’ and inserting the following: ‘‘programs; Revenue Code of 1986 (26 U.S.C. 21).’’. ‘‘and training’’ after ‘‘employment’’; ‘‘(B) the tribal’’; (4) ADMINISTRATION.—Section 11(e)(19) of (C) in paragraph (6)(A)(ii)— (C) by striking ‘‘this Act.’’ and inserting the Food and Nutrition Act of 2008 (7 U.S.C. (i) by striking ‘‘insure’’ and inserting ‘‘en- the following: ‘‘this Act; and 2020(e)(11) is amended to read as follows: sure’’; ‘‘(C) in the context of employment and ‘‘(S) the plans of the State agency for pro- (ii) by inserting ‘‘and training’’ after ‘‘em- training activities under section 6(d)(4), a viding employment and training services ployment’’; and State board as defined in section 101 of the under section 6(d)(4);’’. (iii) by inserting after ‘‘available’’ the fol- Workforce Investment Act of 1998 (29 U.S.C. (5) ADMINISTRATIVE COST-SHARING AND lowing: ‘‘through the one-stop delivery sys- 2801).’’. QUALITY CONTROL.—Section 16(h) of the Food tem under section 121 of the Workforce In- (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is vestment Act of 1998 (29 U.S.C. 2841)’’; and Food and Nutrition Act of 2008 (7 U.S.C. 2014) amended— (D) in paragraph (9), by inserting ‘‘the Sec- is amended— (A) in paragraph (1)— retary of Labor,’’ after ‘‘Education,’’. (A) in subsection (d)(14) by striking ‘‘sec- (i) in subparagraph (A), by striking ‘‘carry (2) PROGRAM OF INITIAL RESETTLEMENT.— tion 6(d)(4)(I)’’ and inserting ‘‘section out employment and training programs’’ and Section 412(b)(2) of such Act (8 U.S.C. 6(d)(4)(C)’’, and inserting ‘‘provide employment and training 1522(b)(2)) is amended— (B) in subsection (g)(3), in the first sen- services to eligible households under section (A) by striking ‘‘orientation, instruction’’ tence, by striking ‘‘constitutes adequate par- 6(d)(4)’’; and and inserting ‘‘orientation and instruction’’; ticipation in an employment and training (ii) in subparagraph (D), by striking ‘‘oper- and program under section 6(d)’’ and inserting ating an employment and training program’’ (B) by striking ‘‘, and job training for refu- ‘‘allows the individual to participate in em- and inserting ‘‘providing employment and gees, and such other education and training ployment and training activities under sec- training services consistent with section of refugees, as facilitates’’ and inserting ‘‘for tion 6(d)(4)’’. 6(d)(4)’’; refugees to facilitate’’. (3) ELIGIBILITY DISQUALIFICATIONS.—Section (B) in paragraph (3)— (3) PROJECT GRANTS AND CONTRACTS FOR 6(d)(4) of the Food and Nutrition Act of 2008 (i) by striking ‘‘participation in an employ- SERVICES FOR REFUGEES.—Section 412(c) of (7 U.S.C. 2015(d)(4)) is amended to read as fol- ment and training program’’ and inserting such Act (8 U.S.C. 1522(c)) is amended— lows: ‘‘the individual participating in employment (A) in paragraph (1)— ‘‘(D) EMPLOYMENT AND TRAINING.— and training activities’’; and (i) in subparagraph (A)(i), by inserting ‘‘(i) IMPLEMENTATION.—Each State agency (ii) by striking ‘‘section 6(d)(4)(I)(i)(II)’’ ‘‘and training’’ after ‘‘employment’’; and shall provide employment and training serv- and inserting ‘‘section 6(d)(4)(C)(i)(II)’’; (ii) by striking subparagraph (C); ices authorized under section 134 of the (C) in paragraph (4), by striking ‘‘for oper- (B) in paragraph (2)(B), by striking ‘‘para- Workforce Investment Act of 1998 (29 U.S.C. ating an employment and training program’’ graph—’’ and all that follows through ‘‘in a 2864) to eligible members of households par- and inserting ‘‘to provide employment and manner’’ and inserting ‘‘paragraph in a man- ticipating in the supplemental nutrition as- training services’’; and ner’’; and sistance program in gaining skills, training, (D) by striking paragraph (5) and inserting (C) by adding at the end the following: work, or experience that will increase their the following: ‘‘(C) In carrying out this section, the Di- ability to obtain regular employment. ‘‘(E) MONITORING.— rector shall ensure that employment and ‘‘(ii) STATEWIDE WORKFORCE DEVELOPMENT ‘‘(i) IN GENERAL.—The Secretary, in con- training services are provided through the SYSTEM.—Consistent with subparagraph (A), junction with the Secretary of Labor, shall statewide workforce development system, as employment and training services shall be monitor each State agency responsible for appropriate, authorized by the Workforce In- provided through the statewide workforce administering employment and training vestment Act of 1998 (29 U.S.C. 2801 et seq.). development system, including the one-stop services under section 6(d)(4) to ensure funds Such action may include— delivery system authorized by the Workforce are being spent effectively and efficiently. ‘‘(i) making employment and training ac- Investment Act of 1998 (29 U.S.C. 2801 et ‘‘(ii) ACCOUNTABILITY.—Each program of tivities described in section 134 of such Act seq.). employment and training receiving funds (29 U.S.C. 2864) available to refugees; and ‘‘(iii) REIMBURSEMENTS.— under section 6(d)(4) shall be subject to the ‘‘(ii) providing refugees with access to a ‘‘(I) ACTUAL COSTS.—The State agency requirements of the performance account- one-stop delivery system established under shall provide payments or reimbursement to ability system, including having to meet the section 121 of such Act (29 U.S.C. 2841).’’. participants served under this paragraph State performance measures described in (4) CASH ASSISTANCE AND MEDICAL ASSIST- for— section 136 of the Workforce Investment Act ANCE TO REFUGEES.—Section 412(e) of such ‘‘(aa) the actual costs of transportation (29 U.S.C. 2871).’’. Act (8 U.S.C. 1522(e)) is amended— and other actual costs (other than dependent (6) RESEARCH, DEMONSTRATION, AND EVAL- (A) in paragraph (2)(A)(i), by inserting care costs) that are reasonably necessary UATIONS.—Section 17 of the Food and Nutri- ‘‘and training’’ after ‘‘providing employ- and directly related to the individual par- tion Act of 2008 (7 U.S.C. 2026) is amended— ment’’; and ticipating in employment and training ac- (A) in subsection (b)— (B) in paragraph (3), by striking ‘‘The’’ and tivities; and (i) in paragraph (1)(B)(iv)(III)(dd), by strik- inserting ‘‘Consistent with subsection (c)(3), ‘‘(bb) the actual costs of such dependent ing ‘‘, (4)(F)(i), or (4)(K)’’ and inserting ‘‘or the’’. care expenses as are determined by the State (4)’’; and (c) AMENDMENTS RELATING TO THE SECOND agency to be necessary for the individual to (ii) by striking paragraph (3); and CHANCE ACT OF 2007.— participate in employment and training ac- (B) in subsection (g), in the first sentence (1) FEDERAL PRISONER REENTRY INITIA- tivities (other than an individual who is the in the matter preceding paragraph (1)— TIVE.—Section 231 of the Second Chance Act caretaker relative of a dependent in a family (i) by striking ‘‘programs established’’ and of 2007 (42 U.S.C. 17541) is amended— receiving benefits under part A of title IV of inserting ‘‘activities provided to eligible (A) in subsection (a)(1)(E)— the Social Security Act (42 U.S.C. 601 et seq.) households’’; and (i) by inserting ‘‘the Department of Labor in a local area where an employment, train- (ii) by inserting ‘‘, in conjunction with the and’’ before ‘‘other Federal agencies’’; and ing, or education program under title IV of Secretary of Labor,’’ after ‘‘Secretary’’. (ii) by inserting ‘‘State and local workforce that Act is in operation), except that no such (7) MINNESOTA FAMILY INVESTMENT investment boards,’’ after ‘‘community- payment or reimbursement shall exceed the PROJECT.—Section 22(b)(4) of the Food and based organizations,’’; applicable local market rate. Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is (B) in subsection (c)—

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S255 (i) in paragraph (2), by striking at the end ‘‘(D) coordinating employment and train- boards and local boards (as such terms are ‘‘and’’; ing services provided through the statewide defined in section 101 of the Workforce In- (ii) in paragraph (3), by striking at the end workforce investment system under subtitle vestment Act of 1998 (29 U.S.C. 2801));’’; the period and inserting ‘‘; and’’; and B of title I of the Workforce Investment Act (5) in section 4109— (iii) by adding at the end the following new of 1998 (29 U.S.C. 2811 et seq.), including a (A) in subsection (a), by striking ‘‘disabled paragraph: one-stop delivery system under section 121 of veterans’ outreach program specialists and ‘‘(D) to coordinate reentry programs with such Act (29 U.S.C. 2841), for offenders upon local veterans’ employment representative’’ the employment and training services pro- release from prison, jail, or a juvenile facil- and inserting ‘‘veteran employment special- vided through the statewide workforce in- ity, as appropriate;’’; ists appointed under section 134(f) of the vestment system under subtitle B of title I (2) in subsection (d)(2), by inserting ‘‘, in- Workforce Investment Act of 1998’’; and of the Workforce Investment Act of 1998 (29 cluding local workforce investment boards (B) in subsection (d)(1), by striking ‘‘dis- U.S.C. 2811 et seq.).’’; and established under section 117 of the Work- abled veterans’ outreach program specialists (C) in subsection (d), by adding at the end force Investment Act of 1998 (29 U.S.C. 2832),’’ and local veterans’ employment representa- the following new paragraph: after ‘‘nonprofit organizations’’; tives’’ and inserting ‘‘veteran employment ‘‘(F) INTERACTION WITH THE WORKFORCE IN- (3) in subsection (e)— specialists appointed under section 134(f) of VESTMENT SYSTEM.— (A) in paragraph (3), by striking ‘‘victims the Workforce Investment Act of 1998’’; and ‘‘(i) IN GENERAL.—In carrying out this sec- services, and employment services’’ and in- (6) in section 4112(d)— tion, the Director shall ensure that employ- serting ‘‘and victim services’’; (A) in paragraph (1), by striking ‘‘disabled ment and training services, including such (B) by redesignating paragraphs (4) and (5) veterans’ outreach program specialist’’ and employment and services offered through re- as paragraphs (5) and (6), respectively; and inserting ‘‘veteran employment specialist entry programs, are provided, as appropriate, (C) by inserting after paragraph (3) the fol- appointed under section 134(f) of the Work- through the statewide workforce investment lowing new paragraph: force Investment Act of 1998’’; and system under subtitle B of title I of the ‘‘(D) provides employment and training (B) by striking paragraph (2) and redesig- Workforce Investment Act of 1998 (29 U.S.C. services through the statewide workforce in- nating paragraph (3) as paragraph (2). 2811 et seq.), which may include— vestment system under subtitle B of title I SEC. 273. CONFORMING AMENDMENT TO TABLE ‘‘(I) making employment and training of the Workforce Investment Act of 1998 (29 OF CONTENTS. services available to prisoners prior to and U.S.C. 2811 et seq.), including a one-stop de- The table of contents in section 1(b) is immediately following the release of such livery system under section 121 of such Act amended to read as follows: prisoners; or (29 U.S.C. 2841);’’; and ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘(II) providing prisoners with access by re- (4) in subsection (k)— contents for this Act is as follows: mote means to a one-stop delivery system (A) in paragraph (1)(A), by inserting ‘‘, in under section 121 of the Workforce Invest- accordance with paragraph (2)’’ after ‘‘under ‘‘Sec. 1. Short title; table of contents. ment Act of 1998 (29 U.S.C. 2841) in the State this section’’; ‘‘TITLE I—WORKFORCE INVESTMENT in which the prison involved is located. (B) by redesignating paragraphs (2) and (3) SYSTEMS ‘‘(ii) SERVICE DEFINED.—In this paragraph, as paragraphs (3) and (4), respectively; and ‘‘Subtitle A—Workforce Investment the term ‘employment and training services’ (C) by inserting after paragraph (1) the fol- Definitions means those services described in section 134 lowing new paragraph: ‘‘Sec. 101. Definitions. of the Workforce Investment Act of 1998 (29 ‘‘(B) EMPLOYMENT AND TRAINING.—The At- U.S.C. 2864) offered by the Bureau of Prisons, torney General shall require each grantee ‘‘Subtitle B—Statewide and Local Workforce including— under this section to measure the core indi- Investment Systems ‘‘(I) the skills assessment described in sub- cators of performance as described in section ‘‘Sec. 106. Purpose. section (a)(1)(A); 136(b)(2)(A) of the Workforce Investment Act ‘‘CHAPTER 1—STATE PROVISIONS ‘‘(II) the skills development plan described of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect ‘‘Sec. 111. State workforce investment in subsection (a)(1)(B); and to the program of such grantee funded with boards. ‘‘(III) the enhancement, development, and a grant under this section.’’. ‘‘Sec. 112. State plan. implementation of reentry and skills devel- (e) CONFORMING AMENDMENTS TO TITLE 38, opment programs.’’. UNITED STATES CODE.—Title 38, United ‘‘CHAPTER 2—LOCAL PROVISIONS (2) DUTIES OF THE BUREAU OF PRISONS.—Sec- States Code, is amended— ‘‘Sec. 116. Local workforce investment tion 4042(a) of title 18, United States Code, is (1) in section 3672(d)(1), by striking ‘‘dis- areas. amended— abled veterans’ outreach program specialists ‘‘Sec. 117. Local workforce investment (A) by redesignating subparagraphs (D) and under section 4103A’’ and inserting ‘‘veteran boards. (E), as added by section 231(d)(1)(C) of the employment specialists appointed under sec- ‘‘Sec. 118. Local plan. tion 134(f) of the Workforce Investment Act Second Chance Act of 2007 (Public Law 110– ‘‘CHAPTER 3—WORKFORCE INVESTMENT of 1998’’; 199; 122 Stat. 685), as paragraphs (6) and (7), ACTIVITIES PROVIDERS respectively, and adjusting the margin ac- (2) in the table of sections at the beginning ‘‘Sec. 121. Establishment of one-stop deliv- cordingly; of chapter 41, by striking the items relating ery systems. (B) in paragraph (6), as so redesignated, by to sections 4103A and 4104; (3) in section 4102A— ‘‘Sec. 122. Identification of eligible providers redesignating clauses (i) and (ii) as subpara- of training services. graphs (A) and (B), respectively, and adjust- (A) in subsection (b)— ing the margin accordingly; (i) by striking paragraphs (5), (6), and (7); ‘‘CHAPTER 5—EMPLOYMENT AND TRAINING (C) in paragraph (7), as so redesignated— and ACTIVITIES (i) in clause (ii), by striking ‘‘Employ- (ii) by redesignating paragraph (8) as para- ‘‘Sec. 131. General authorization. ment’’ and inserting ‘‘Employment and graph (5); ‘‘Sec. 132. State allotments. training services (as defined in paragraph (6) (B) by striking subsections (c) and (h); ‘‘Sec. 133. Within State allocations. of section 231(d) of the Second Chance Act of (C) by redesignating subsections (d), (e), ‘‘Sec. 134. Use of funds for employment and 2007), including basic skills attainment, con- (f), and (g) as subsections (c), (d), (e), and (f); training activities. sistent with such paragraph’’; and ‘‘CHAPTER 6—GENERAL PROVISIONS (D) in subsection (e)(1) (as so redesig- (ii) by striking clause (iii); and ‘‘Sec. 136. Performance accountability sys- nated)— (D) by redesignating clauses (i), (ii), (iv), tem. (i) by striking ‘‘, including disabled vet- (v), (vi), and (vii) as subparagraphs (A), (B), ‘‘Sec. 137. Authorization of appropriations. (C), (D), (E), and (F), respectively, and ad- erans’ outreach program specialists and local justing the margin accordingly. veterans’ employment representatives pro- ‘‘Subtitle C—Job Corps (d) AMENDMENTS TO THE OMNIBUS CRIME viding employment, training, and placement ‘‘Sec. 141. Purposes. CONTROL AND SAFE STREETS ACT OF 1968.— services under this chapter in a State’’; and ‘‘Sec. 142. Definitions. Section 2976 of the Omnibus Crime Control (ii) by striking ‘‘for purposes of subsection ‘‘Sec. 143. Establishment. and Safe Streets Act of 1968 (42 U.S.C. 3797w) (c)’’; ‘‘Sec. 144. Individuals eligible for the Job is amended— (4) in section 4104A— Corps. (1) in subsection (b)— (A) in subsection (b)(1), by striking sub- ‘‘Sec. 145. Recruitment, screening, selection, (A) in paragraph (1), by striking ‘‘voca- paragraph (A) and inserting the following: and assignment of enrollees. tional’’ and inserting ‘‘career and technical ‘‘(i) the appropriate veteran employment ‘‘Sec. 146. Enrollment. education (as defined in section 3 of the Carl specialist (in carrying out the functions de- ‘‘Sec. 147. Job Corps centers. D. Perkins Career and Technical Education scribed in section 134(f) of the Workforce In- ‘‘Sec. 148. Program activities. Act of 2006 (20 U.S.C. 2302)) and training’’; vestment Act of 1998);’’; and ‘‘Sec. 149. Counseling and job placement. (B) by redesignating paragraphs (4), (5), (6), (B) in subsection (c)(1), by striking sub- ‘‘Sec. 150. Support. and (7) as paragraphs (5), (6), (7), and (8), re- paragraph (A) and inserting the following: ‘‘Sec. 151. Operations. spectively; and ‘‘(i) collaborate with the appropriate vet- ‘‘Sec. 152. Standards of conduct. (C) by inserting after paragraph (3) the fol- eran employment specialist (as described in ‘‘Sec. 153. Community participation. lowing new paragraph: section 134(f)) and the appropriate State ‘‘Sec. 154. Workforce councils.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0655 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S256 CONGRESSIONAL RECORD — SENATE January 9, 2014 ‘‘Sec. 156. Technical assistance to centers. ‘‘Subtitle D—Application of Civil Rights and Disability and Rehabilitation Research’’ ‘‘Sec. 157. Application of provisions of Fed- Labor-Management Laws to the Smithso- after ‘‘Director’’; eral law. nian Institution (7) in the heading for section 706 (29 U.S.C. ‘‘Sec. 158. Special provisions. ‘‘Sec. 341. Application of civil rights and 796d–1), by striking ‘‘COMMISSIONER’’ and in- ‘‘Sec. 159. Performance accountability and labor-management laws to the serting ‘‘DIRECTOR’’; and management. Smithsonian Institution. (8) in the heading for paragraph (3) of sec- ‘‘Sec. 160. General provisions. ‘‘TITLE IV—REHABILITATION ACT tion 723(a) (29 U.S.C. 796f–2(a)), by striking ‘‘Sec. 161. Authorization of appropriations. AMENDMENTS OF 1998 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’. ‘‘Subtitle D—National Programs (b) EFFECTIVE DATE; APPLICATION.—The ‘‘Sec. 401. Short title. amendments made by subsection (a) shall— ‘‘Sec. 170. Technical assistance. ‘‘Sec. 402. Title. ‘‘Sec. 172. Evaluations. (1) take effect on the date of the enactment ‘‘Sec. 403. General provisions. of this Act; and ‘‘Subtitle E—Administration ‘‘Sec. 404. Vocational rehabilitation serv- (2) apply with respect to the appointments ‘‘Sec. 181. Requirements and restrictions. ices. of Directors of the Rehabilitation Services ‘‘Sec. 182. Prompt allocation of funds. ‘‘Sec. 405. Research and training. Administration made on or after the date of ‘‘Sec. 406. Professional development and spe- ‘‘Sec. 183. Monitoring. enactment of this Act, and the Directors so cial projects and demonstra- ‘‘Sec. 184. Fiscal controls; sanctions. appointed. tions. ‘‘Sec. 185. Reports; recordkeeping; investiga- SEC. 278. DEFINITIONS. tions. ‘‘Sec. 407. National Council on Disability. ‘‘Sec. 408. Rights and advocacy. Section 7 of the Rehabilitation Act of 1973 ‘‘Sec. 186. Administrative adjudication. (29 U.S.C. 705) is amended— ‘‘Sec. 187. Judicial review. ‘‘Sec. 409. Employment opportunities for in- dividuals with disabilities. (1) by redesignating paragraphs (35) ‘‘Sec. 188. Nondiscrimination. through (39) as paragraphs (36) through (40), ‘‘Sec. 189. Administrative provisions. ‘‘Sec. 410. Independent living services and centers for independent living. respectively; ‘‘Sec. 190. References. (2) in subparagraph (A)(ii) of paragraph (36) ‘‘Sec. 191. State legislative authority. ‘‘Sec. 411. Repeal. (as redesignated by paragraph (1)), by strik- ‘‘Sec. 193. Transfer of Federal equity in ‘‘Sec. 412. Helen Keller National Center Act. ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- State employment security real ‘‘Sec. 413. President’s Committee on Em- graph (37)(C)’’; and property to the States. ployment of People With Dis- (3) by inserting after paragraph (34) the fol- ‘‘Sec. 195. General program requirements. abilities. lowing: ‘‘Sec. 196. Federal agency staff. ‘‘Sec. 414. Conforming amendments. ‘‘(35)(A) The term ‘student with a dis- ‘‘Sec. 197. Restrictions on lobbying and po- ‘‘TITLE V—GENERAL PROVISIONS ability’ means an individual with a dis- litical activities. ‘‘Sec. 501. State unified plan. ability who— ‘‘Subtitle F—Repeals and Conforming ‘‘Sec. 504. Privacy. ‘‘(i) is not younger than 16 and not older Amendments ‘‘Sec. 505. Buy-American requirements. than 21; ‘‘Sec. 199. Repeals. ‘‘Sec. 507. Effective date.’’. ‘‘(ii) has been determined to be eligible ‘‘Sec. 199A. Conforming amendments. Subtitle E—Amendments to the under section 102(a) for assistance under this ‘‘TITLE II—ADULT EDUCATION AND Rehabilitation Act of 1973 title; and FAMILY LITERACY EDUCATION SEC. 276. FINDINGS. ‘‘(iii)(I) is eligible for, and is receiving, spe- ‘‘Sec. 201. Short title. Section 2(a) of the Rehabilitation Act of cial education under part B of the Individ- ‘‘Sec. 202. Purpose. 1973 (29 U.S.C. 701(a)) is amended— uals with Disabilities Education Act (20 ‘‘Sec. 203. Definitions. (1) in paragraph (5), by striking ‘‘and’’ at U.S.C. 1411 et seq.); or ‘‘Sec. 204. Home schools. the end; ‘‘(II) is an individual with a disability, for ‘‘Sec. 205. Authorization of appropriations. (2) in paragraph (6), by striking the period purposes of section 504. and inserting ‘‘; and’’; and ‘‘(B) The term ‘students with disabilities’ ‘‘Subtitle A—Federal Provisions (3) by adding at the end the following: means more than 1 student with a dis- ‘‘Sec. 211. Reservation of funds; grants to el- ‘‘(7) there is a substantial need to improve ability.’’. igible agencies; allotments. and expand services for students with dis- SEC. 279. CARRYOVER. ‘‘Sec. 212. Performance accountability sys- abilities under this Act.’’. Section 19(a)(1) of the Rehabilitation Act tem. SEC. 277. REHABILITATION SERVICES ADMINIS- of 1973 (29 U.S.C. 716(a)(1)) is amended by ‘‘Subtitle B—State Provisions TRATION. striking ‘‘part B of title VI,’’. ‘‘Sec. 221. State administration. (a) REHABILITATION SERVICES ADMINISTRA- SEC. 280. TRADITIONALLY UNDERSERVED POPU- ‘‘Sec. 222. State distribution of funds; TION.—The Rehabilitation Act of 1973 (29 LATIONS. matching requirement. U.S.C. 701 et seq.) is amended— Section 21 of the Rehabilitation Act of 1973 ‘‘Sec. 223. State leadership activities. (1) in section 3(a) (29 U.S.C. 702(a))— (29 U.S.C. 718) is amended, in paragraphs (1) ‘‘Sec. 224. State plan. (A) by striking ‘‘Office of the Secretary’’ and (2)(A) of subsection (b), and in subsection ‘‘Sec. 225. Programs for corrections edu- and inserting ‘‘Department of Education’’; (c), by striking ‘‘VI,’’. cation and other institutional- (B) by striking ‘‘President by and with the SEC. 281. STATE PLAN. ized individuals. advice and consent of the Senate’’ and in- Section 101(a) of the Rehabilitation Act of ‘‘Subtitle C—Local Provisions serting ‘‘Secretary’’; and 1973 (29 U.S.C. 721(a)) is amended— (C) by striking ‘‘, and the Commissioner (1) in paragraph (10)— ‘‘Sec. 231. Grants and contracts for eligible shall be the principal officer,’’; (A) in subparagraph (B), by striking ‘‘on providers. (2) by striking ‘‘Commissioner’’ each place the eligible individuals’’ and all that follows ‘‘Sec. 232. Local application. it appears (except in section 21) and inserting and inserting ‘‘of information necessary to ‘‘Sec. 233. Local administrative cost limits. ‘‘Director’’; assess the State’s performance on the core ‘‘Subtitle D—General Provisions (3) in section 12(c) (29 U.S.C. 709(c)), by indicators of performance described in sec- ‘‘Sec. 241. Administrative provisions. striking ‘‘Commissioner’s’’ and inserting tion 136(b)(2)(A) of the Workforce Investment ‘‘Sec. 242. National activities. ‘‘Director’s’’; Act of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and ‘‘TITLE III—WORKFORCE INVESTMENT- (4) in section 21 (29 U.S.C. 718)— (B) in subparagraph (E)(ii), by striking ‘‘, RELATED ACTIVITIES (A) in subsection (b)(1)— to the extent the measures are applicable to (i) by striking ‘‘Commissioner’’ the first individuals with disabilities’’; ‘‘Subtitle A—Wagner-Peyser Act place it appears and inserting ‘‘Director of (2) in paragraph (11)— ‘‘Sec. 301. Definitions. the Rehabilitation Services Administra- (A) in subparagraph (D)(i), by inserting be- ‘‘Sec. 302. Functions. tion’’; fore the semicolon the following: ‘‘, which ‘‘Sec. 303. Designation of State agencies. (ii) by striking ‘‘(referred to in this sub- may be provided using alternative means of ‘‘Sec. 304. Appropriations. section as the ‘Director’)’’; and meeting participation (such as participation ‘‘Sec. 305. Disposition of allotted funds. (iii) by striking ‘‘The Commissioner and through video conferences and conference ‘‘Sec. 306. State plans. the Director’’ and inserting ‘‘Both such Di- calls)’’; and ‘‘Sec. 307. Repeal of Federal advisory coun- rectors’’; and (B) by adding at the end the following: cil. (B) by striking ‘‘the Commissioner and the ‘‘(G) COORDINATION WITH ASSISTIVE TECH- ‘‘Sec. 308. Regulations. Director’’ each place it appears and inserting NOLOGY PROGRAMS.—The State plan shall in- ‘‘Sec. 309. Employment statistics. ‘‘both such Directors’’; clude an assurance that the designated State ‘‘Sec. 310. Technical amendments. (5) in the heading for subparagraph (B) of unit and the lead agency or implementing ‘‘Sec. 311. Effective date. section 100(d)(2) (29 U.S.C. 720(d)(2)), by strik- entity responsible for carrying out duties ‘‘Subtitle B—Linkages With Other Programs ing ‘‘COMMISSIONER’’ and inserting ‘‘DIREC- under the Assistive Technology Act of 1998 ‘‘Sec. 321. Trade Act of 1974. TOR’’; (29 U.S.C. 3001 et seq.) have developed work- ‘‘Sec. 322. Veterans’ employment programs. (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), ing relationships and coordinate their activi- ‘‘Sec. 323. Older Americans Act of 1965. by inserting ‘‘of the National Institute on ties.’’;

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S257 (3) in paragraph (15)— vocational rehabilitation services under this ance to acceptable levels, as determined by (A) in subparagraph (A)— title, including, at a minimum, those serv- the Director, direct the State to make revi- (i) in clause (i)— ices specified in the interagency agreement sions to the plan to improve performance; (I) in subclause (II), by striking ‘‘and’’ at required in paragraph (11)(D); and’’. the end; ‘‘(ii) improve the achievement of post- (b) CONFORMING AMENDMENTS.—Section 107 (II) in subclause (III), by adding ‘‘and’’ at school goals of students with disabilities, in- of the Rehabilitation Act of 1973 (29 U.S.C. the end; and cluding improving the achievement through 727) is amended— (III) by adding at the end the following: participation (as appropriate when career (1) in subsections (a)(1)(B) and (b)(2), by ‘‘(IV) students with disabilities, including goals are discussed) in meetings regarding striking ‘‘evaluation standards’’ and insert- their need for transition services;’’; individualized education programs developed ing ‘‘performance standards’’; and (ii) by redesignating clauses (ii) and (iii) as under section 614 of the Individuals with Dis- (2) in subsection (c)(1)(B), by striking ‘‘an clauses (iii) and (iv), respectively; and abilities Education Act (20 U.S.C. 1414); evaluation standard’’ and inserting ‘‘a per- (iii) by inserting after clause (i) the fol- ‘‘(iii) provide career guidance, career ex- formance standard’’. lowing: ploration services, job search skills and SEC. 284. EXPENDITURE OF CERTAIN AMOUNTS. ‘‘(ii) include an assessment of the transi- strategies, and technical assistance to stu- Section 108(a) of the Rehabilitation Act of tion services provided under this Act, and co- dents with disabilities; ordinated with transition services provided 1973 (29 U.S.C. 728(a)) is amended by striking ‘‘(iv) support the provision of training and ‘‘under part B of title VI, or’’. under the Individuals with Disabilities Edu- technical assistance to State and local edu- cation Act (20 U.S.C. 1400 et seq.), about the cational agencies and designated State agen- SEC. 285. COLLABORATION WITH INDUSTRY. extent to which those 2 types of services cy personnel responsible for the planning and The Rehabilitation Act of 1973 is amended meet the needs of individuals with disabil- provision of services to students with dis- by inserting after section 109 (29 U.S.C. 728a) ities;’’; and abilities; and the following: (B) in subparagraph (B)(ii), by striking ‘‘(v) support outreach activities to stu- ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. ‘‘and under part B of title VI’’; dents with disabilities who are eligible for, ‘‘(a) ELIGIBLE ENTITY DEFINED.—For the (C) in subparagraph (D)— and need, services under this title.’’. purposes of this section, the term ‘eligible (i) by redesignating clauses (iii), (iv), and SEC. 282. SCOPE OF SERVICES. entity’ means a for-profit business, alone or (v) as clauses (iv), (v), and (vi), respectively; Section 103 of the Rehabilitation Act of in partnership with one or more of the fol- (ii) by inserting after clause (ii) the fol- 1973 (29 U.S.C. 723) is amended— lowing: lowing: (1) in subsection (a), by striking paragraph ‘‘(1) Community rehabilitation program ‘‘(iii) the methods to be used to improve (15) and inserting the following: providers. and expand vocational rehabilitation serv- ‘‘(15) transition services for students with ‘‘(2) Indian tribes. ices for students with disabilities, including disabilities, that facilitate the achievement ‘‘(3) Tribal organizations. the coordination of services designed to fa- of the employment outcome identified in the ‘‘(b) AUTHORITY.—A State shall use not less cilitate the transition of such students from than one-half of one percent of the payment the receipt of educational services in school individualized plan for employment involved, the State receives under section 111 for a fis- to the receipt of vocational rehabilitation including services described in clauses (i) cal year to award grants to eligible entities services under this title or to postsecondary through (iii) of section 101(a)(26)(B);’’; to pay for the Federal share of the cost of education or employment;’’; and (2) in subsection (b), by striking paragraph carrying out collaborative programs, to cre- (iii) in clause (v), as redesignated by clause (6) and inserting the following: ate practical job and career readiness and (i) of this subparagraph, by striking ‘‘evalua- ‘‘(6)(A)(i) Consultation and technical as- training programs, and to provide job place- tion standards’’ and inserting ‘‘performance sistance services to assist State and local standards’’; educational agencies in planning for the ments and career advancement. (4) in paragraph (22)— transition of students with disabilities from ‘‘(c) AWARDS.—Grants under this section (A) in the paragraph heading, by striking school to post-school activities, including shall— ‘‘STATE PLAN SUPPLEMENT’’; employment. ‘‘(1) be awarded for a period not to exceed (B) by striking ‘‘carrying out part B of ‘‘(ii) Training and technical assistance de- 5 years; and title VI, including’’; and scribed in section 101(a)(26)(B)(iv). ‘‘(2) be awarded competitively. (C) by striking ‘‘that part to supplement ‘‘(B) Services for groups of individuals with ‘‘(d) APPLICATION.—To receive a grant funds made available under part B of’’; disabilities who meet the requirements of under this section, an eligible entity shall (5) in paragraph (24)— clauses (i) and (iii) of section 7(35)(A), includ- submit an application to a designated State (A) in the paragraph heading, by striking ing services described in clauses (i), (ii), (iii), agency at such time, in such manner, and ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and and (v) of section 101(a)(26)(B), to assist in containing such information as such agency (B) in subparagraph (A)— the transition from school to post-school ac- shall require. Such application shall include, (i) in the subparagraph heading, by strik- tivities.’’; and at a minimum— ing ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; (3) in subsection (b), by inserting at the ‘‘(1) a plan for evaluating the effectiveness and end the following: of the collaborative program; (ii) by striking ‘‘part A of title VI’’ and in- ‘‘(7) The establishment, development, or ‘‘(2) a plan for collecting and reporting the serting ‘‘section 109A’’; and improvement of assistive technology dem- data and information described under sub- (6) by adding at the end the following: onstration, loan, reutilization, or financing paragraphs (A) through (C) of section ‘‘(25) COLLABORATION WITH INDUSTRY.—The programs in coordination with activities au- 101(a)(10), as determined appropriate by the State plan shall describe how the designated thorized under the Assistive Technology Act designated State agency; and State agency will carry out the provisions of of 1998 (29 U.S.C. 3001 et seq.) to promote ac- ‘‘(3) a plan for providing for the non-Fed- section 109A, including— cess to assistive technology for individuals eral share of the costs of the program. ‘‘(A) the criteria such agency will use to with disabilities and employers.’’. ‘‘(e) ACTIVITIES.—An eligible entity receiv- award grants under such section; and SEC. 283. STANDARDS AND INDICATORS. ing a grant under this section shall use the ‘‘(B) how the activities carried out under (a) IN GENERAL.—Section 106 of the Reha- grant funds to carry out a program that pro- such grants will be coordinated with other bilitation Act of 1973 (29 U.S.C. 726) is amend- vides one or more of the following: services provided under this title. ed— ‘‘(1) Job development, job placement, and ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL- (1) in the section heading, by striking career advancement services for individuals ITIES.—The State plan shall provide an as- ‘‘EVALUATION STANDARDS’’ and inserting ‘‘PER- with disabilities. surance satisfactory to the Secretary that FORMANCE STANDARDS’’; ‘‘(2) Training in realistic work settings in the State— (2) by striking subsection (a) and inserting order to prepare individuals with disabilities ‘‘(A) has developed and implemented strat- the following: for employment and career advancement in egies to address the needs identified in the ‘‘(a) STANDARDS AND INDICATORS.—The per- the competitive market. assessments described in paragraph (15), and formance standards and indicators for the ‘‘(3) Providing individuals with disabilities achieve the goals and priorities identified by vocational rehabilitation program carried with such support services as may be re- the State in that paragraph, to improve and out under this title— quired in order to maintain the employment expand vocational rehabilitation services for ‘‘(1) shall be subject to paragraphs (2)(A) and career advancement for which the indi- students with disabilities on a statewide and (3) of section 136(b) of the Workforce In- viduals have received training. basis in accordance with paragraph (15); and vestment Act of 1998 (29 U.S.C. 2871(b)); and ‘‘(f) ELIGIBILITY FOR SERVICES.—An indi- ‘‘(B) from funds reserved under section ‘‘(2) may, at a State’s discretion, include vidual shall be eligible for services provided 110A, shall carry out programs or activities additional indicators identified in the State under a program under this section if the in- designed to improve and expand vocational plan submitted under section 101.’’; and dividual is determined under section 102(a)(1) rehabilitation services for students with dis- (3) in subsection (b)(2)(B), by striking to be eligible for assistance under this title. abilities that— clause (i) and inserting the following: ‘‘(g) FEDERAL SHARE.—The Federal share ‘‘(i) facilitate the transition of students ‘‘(i) on a biannual basis, review the pro- for a program under this section shall not with disabilities from the receipt of edu- gram improvement efforts of the State and, exceed 80 percent of the costs of the pro- cational services in school, to the receipt of if the State has not improved its perform- gram.’’.

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S258 CONGRESSIONAL RECORD — SENATE January 9, 2014

SEC. 286. RESERVATION FOR EXPANDED TRANSI- (b) CHAIRPERSON.—Section 705(b)(5) of the (3) by striking the item related to section TION SERVICES. Rehabilitation Act of 1973 (29 U.S.C. 304 and inserting the following: The Rehabilitation Act of 1973 is amended 796d(b)(5)) is amended to read as follows: ‘‘Sec. 304. Measuring of project outcomes by inserting after section 110 (29 U.S.C. 730) ‘‘(5) CHAIRPERSON.—The Council shall se- and performance.’’; the following: lect a chairperson from among the voting (4) by striking the items related to sec- ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- membership of the Council.’’. tions 305 and 306; SITION SERVICES. SEC. 292. AUTHORIZATIONS OF APPROPRIA- (5) by striking the items related to title ‘‘Each State shall reserve not less than 10 TIONS. VI; and percent of the funds allotted to the State The Rehabilitation Act of 1973 (29 U.S.C. (6) by striking the item related to section under section 110(a) to carry out programs or 701 et seq.) is further amended— 706 and inserting the following: activities under sections 101(a)(26)(B) and (1) in section 100 (29 U.S.C. 720)— 103(b)(6).’’. (A) in subsection (b)(1), by striking ‘‘such ‘‘Sec. 706. Responsibilities of the Director.’’. SEC. 287. CLIENT ASSISTANCE PROGRAM. sums as may be necessary for fiscal years Subtitle F—Studies by the Comptroller Section 112(e)(1) of the Rehabilitation Act 1999 through 2003’’ and inserting General of 1973 (29 U.S.C. 732(e)(1)) is amended by re- ‘‘$3,066,192,000 for fiscal year 2015 and each of SEC. 296. STUDY BY THE COMPTROLLER GEN- designating subparagraph (D) as subpara- the 6 succeeding fiscal years’’; and ERAL ON EXHAUSTING FEDERAL graph (E) and inserting after subparagraph (B) in subsection (d)(1)(B), by striking PELL GRANTS BEFORE ACCESSING WIA FUNDS. (C) the following: ‘‘2003’’ and inserting ‘‘2021’’; ‘‘(D) The Secretary shall make grants to (2) in section 110(c) (29 U.S.C. 730(c)), by Not later than 12 months after the date of the protection and advocacy system serving amending paragraph (2) to read as follows: enactment of this Act, the Comptroller Gen- the American Indian Consortium under the ‘‘(2) The sum referred to in paragraph (1) eral of the United States shall complete and Developmental Disabilities and Bill of shall be, as determined by the Secretary, not submit to the Committee on Education and Rights Act of 2000 (42 U.S.C. 15001 et seq.) to less than 1 percent and not more than 1.5 the Workforce of the House of Representa- provide services in accordance with this sec- percent of the amount referred to in para- tives and the Committee on Health, Edu- tion, as determined by the Secretary. The graph (1) for each of fiscal years 2015 through cation, Labor, and Pensions of the Senate a amount of such grants shall be the same as 2020.’’; report that— the amount provided to territories under (3) in section 112(h) (29 U.S.C. 732(h)), by (1) evaluates the effectiveness of subpara- this subsection.’’. striking ‘‘such sums as may be necessary for graph (B) of section 134(d)(4) of the Work- fiscal years 1999 through 2003’’ and inserting force Investment Act of 1998 (29 U.S.C. SEC. 288. RESEARCH. ‘‘$11,600,000 for fiscal year 2015 and each of 2864(d)(4)(B)) (as such subparagraph was in Section 204(a)(2)(A) of the Rehabilitation the 6 succeeding fiscal years’’; effect on the day before the date of enact- Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended (4) by amending subsection (a) of section ment of this Act), including— by striking ‘‘VI,’’. 201 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) (A) a review of the regulations and guid- SEC. 289. TITLE III AMENDMENTS. There are authorized to be appropriated ance issued by the Secretary of Labor to Title III of the Rehabilitation Act of 1973 $103,125,000 for fiscal year 2015 and each of State and local areas on how to comply with (29 U.S.C. 771 et seq.) is amended— the 6 succeeding fiscal years to carry out such subparagraph; (1) in section 301(a) (21 U.S.C. 771(a))— this title.’’; (B) a review of State policies to determine (A) in paragraph (2), by inserting ‘‘and’’ at (5) in section 302(i) (29 U.S.C. 772(i)), by how local areas are required to comply with the end; striking ‘‘such sums as may be necessary for such subparagraph; (B) by striking paragraphs (3) and (4); and each of the fiscal years 1999 through 2003’’ (C) a review of local area policies to deter- (C) by redesignating paragraph (5) as para- and inserting ‘‘$33,657,000 for fiscal year 2015 mine how one-stop operators are required to graph (3); and each of the 6 succeeding fiscal years’’; comply with such subparagraph; and (2) in section 302 (29 U.S.C. 772)— (6) in section 303(e) (29 U.S.C. 773(e)), by (D) a review of a sampling of individuals (A) in subsection (g)— striking ‘‘such sums as may be necessary for receiving training services under section (i) in the heading, by striking ‘‘AND IN- each of the fiscal years 1999 through 2003’’ 134(d)(4) of the Workforce Investment Act of SERVICE TRAINING’’; and and inserting ‘‘$5,046,000 for fiscal year 2015 1998 (29 U.S.C. 2864(d)(4)) to determine if, be- (ii) by striking paragraph (3); and and each of the 6 succeeding fiscal years’’; fore receiving such training services, such (B) in subsection (h), by striking ‘‘section (7) in section 405 (29 U.S.C. 785), by striking individuals have exhausted funds received 306’’ and inserting ‘‘section 304’’; ‘‘such sums as may be necessary for each of through the Federal Pell Grant program (3) in section 303 (29 U.S.C. 773)— the fiscal years 1999 through 2003’’ and in- under title IV of the Higher Education Act of (A) in subsection (b)(1), by striking ‘‘sec- serting ‘‘$3,081,000 for fiscal year 2015 and 1965 (20 U.S.C. 1070 et seq.); and tion 306’’ and inserting ‘‘section 304’’; and each of the 6 succeeding fiscal years’’; (2) makes appropriate recommendations (B) in subsection (c)— (8) in section 502(j) (29 U.S.C. 792(j)), by with respect to the matters evaluated under (i) in paragraph (4)— striking ‘‘such sums as may be necessary for paragraph (1). (I) by amending subparagraph (A)(ii) to each of the fiscal years 1999 through 2003’’ SEC. 297. STUDY BY THE COMPTROLLER GEN- read as follows: and inserting ‘‘$7,013,000 for fiscal year 2015 ERAL ON ADMINISTRATIVE COST ‘‘(ii) to coordinate activities and work and each of the 6 succeeding fiscal years’’; SAVINGS. closely with the parent training and infor- (9) in section 509(l) (29 U.S.C. 794e(l)), by (a) STUDY.—Not later than 12 months after mation centers established pursuant to sec- striking ‘‘such sums as may be necessary for the date of the enactment of this Act, the tion 671 of the Individuals with Disabilities each of the fiscal years 1999 through 2003’’ Comptroller General of the United States Education Act (20 U.S.C. 1471), the commu- and inserting ‘‘$17,088,000 for fiscal year 2015 shall complete and submit to the Committee nity parent resource centers established pur- and each of the 6 succeeding fiscal years’’; on Education and the Workforce of the suant to section 672 of such Act (29 U.S.C. (10) in section 714 (29 U.S.C. 796e–3), by House of Representatives and the Committee 1472), and the eligible entities receiving striking ‘‘such sums as may be necessary for on Health, Education, Labor, and Pensions of awards under section 673 of such Act (20 each of the fiscal years 1999 through 2003’’ the Senate a report that— U.S.C. 1473); and’’; and and inserting ‘‘$22,137,000 for fiscal year 2015 (1) determines the amount of administra- (II) in subparagraph (C), by inserting ‘‘, and each of the 6 succeeding fiscal years’’; tive costs at the Federal and State levels for and demonstrate the capacity for serving,’’ (11) in section 727 (29 U.S.C. 796f–6), by the most recent fiscal year for which satis- after ‘‘serve’’; and striking ‘‘such sums as may be necessary for factory data are available for— (ii) by adding at the end the following: each of the fiscal years 1999 through 2003’’ (A) each of the programs authorized under ‘‘(8) RESERVATION.—From the amount ap- and inserting ‘‘$75,772,000 for fiscal year 2015 the Workforce Investment Act of 1998 (29 propriated to carry out this subsection for a and each of the 6 succeeding fiscal years’’; U.S.C. 2801 et seq.) or repealed under section fiscal year, 20 percent of such amount or and 401 of this Act, as such programs were in ef- $500,000, whichever is less, shall be reserved (12) in section 753 (29 U.S.C. 796l), by strik- fect for such fiscal year; and to carry out paragraph (6).’’; ing ‘‘such sums as may be necessary for each (B) each of the programs described in sub- (4) by striking sections 304 and 305 (29 of the fiscal years 1999 through 2003’’ and in- paragraph (A) that have been repealed or U.S.C. 774, 775); and serting ‘‘$32,239,000 for fiscal year 2015 and consolidated on or after the date of enact- (5) by redesignating section 306 (29 U.S.C. each of the 6 succeeding fiscal years’’. ment of this Act; 776) as section 304. SEC. 293. CONFORMING AMENDMENTS. (2) determines the amount of administra- SEC. 290. REPEAL OF TITLE VI. Section 1(b) of the Rehabilitation Act of tive cost savings at the Federal and State Title VI of the Rehabilitation Act of 1973 1973 is amended— levels as a result of repealing and consoli- (29 U.S.C. 795 et seq.) is repealed. (1) by inserting after the item relating to dating programs by calculating the dif- SEC. 291. TITLE VII GENERAL PROVISIONS. section 109 the following: ferences in the amount of administrative (a) PURPOSE.—Section 701(3) of the Reha- ‘‘Sec. 109A. Collaboration with industry.’’; costs between subparagraph (A) and subpara- bilitation Act of 1973 (29 U.S.C. 796(3)) is (2) by inserting after the item relating to graph (B) of paragraph (1); and amended by striking ‘‘State programs of sup- section 110 the following: (3) estimates the administrative cost sav- ported employment services receiving assist- ‘‘Sec. 110A. Reservation for expanded transi- ings at the Federal and State levels for a fis- ance under part B of title VI,’’. tion services.’’; cal year as a result of States consolidating

VerDate Mar 15 2010 02:51 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S259 amounts under section 501(e) of the Work- The PRESIDING OFFICER. Without mation on the whereabouts of Robert force Investment Act of 1998 (20 U.S.C. objection, it is so ordered. Levinson and to help ensure his prompt and 9271(e)) to reduce inefficiencies in the admin- safe return to his family; istration of federally-funded State and local f Whereas officials of the Government of employment and training programs. CALLING ON IRAN FOR ASSIST- Iran promised their continued assistance to the relatives of Robert Levinson during the (b) DEFINITION.—For purposes of this sec- ANCE IN THE CASE OF ROBERT tion, the term ‘‘administrative costs’’ has visit of the family to the Islamic Republic of the meaning given the term in section 101 of LEVINSON Iran in December 2007; the Workforce Investment Act of 1998 (29 Mr. REID. Mr. President, I ask unan- Whereas, in November 2010, the Levinson U.S.C. 2801). imous consent that the Senate proceed family received a video of Mr. Levinson in to the immediate consideration of Cal- captivity, representing the first proof of life Mr. REID (for Mr. NELSON) since his disappearance; SA 2638. endar No. 271, S. Res. 312. submitted an amendment intended to Whereas, in April 2011, the Levinson family The PRESIDING OFFICER. Without be proposed by Mr. Reid of NV to the received a series of pictures of Mr. Levinson, objection, it is so ordered. resolution S. Res. 312, urging the Gov- which provided indications that he was being The clerk will report the resolution held somewhere in southwest Asia; ernment of Iran to fulfill their prom- by title. Whereas Secretary John Kerry stated on ises of assistance in this case of Robert The assistant legislative clerk read August 28, 2013, ‘‘The United States respect- Levinson, one of the longest held as follows: fully asks the Government of the Islamic Re- Unites States civilians in our Nation’s public of Iran to work cooperatively with us history; as follows: A resolution (S. Res. 312) calling on the in our efforts to help U.S. citizen Robert government of Iran to fulfill their promises Levinson.’’; In the seventh whereas clause of the pre- of assistance in this case of Robert Levinson, amble, strike ‘‘and providing some initial in- Whereas, on September 28, 2013, during the one of the longest held United States civil- first direct phone conversation between the dications that he was being held somewhere ians in our Nation’s history. in southwest Asia’’. leaders of the United States and Iran since In the eighth whereas clause of the pre- There being no objection, the Senate 1979, President Barack Obama raised the case amble, strike ‘‘further’’. proceeded to consider the bill. of Robert Levinson to President of Iran Has- Mr. REID. I further ask that the res- san Rouhani and urged the President of Iran SA 2639. Mr. REID (for Mr. NELSON) olution be agreed to; the Nelson to help locate Mr. Levinson and reunite him submitted an amendment intended to amendment to the preamble be agreed with his family; Whereas November 26, 2013, marked the be proposed by Mr. Reid of NV to the to; the preamble, as amended, be 2,455th day since Mr. Levinson’s disappear- resolution S. Res. 312, 0; as follows: agreed to; the amendment to the title ance, making him one of the longest held Amend the title so as to read: ‘‘A resolu- be agreed to, and the motions to recon- United States civilians in our Nation’s his- tion urging the Government of Iran to fulfill sider be considered made and laid upon tory; and their promises of assistance in this case of the table, with no intervening action Whereas the FBI has announced a $1,000,000 Robert Levinson, one of the longest held or debate. reward for information leading to Mr. United States civilians in our Nation’s his- The PRESIDING OFFICER. Without Levinson’s safe return: Now, therefore, be it tory.’’. Resolved, That the Senate— objection, it is so ordered. f (1) recognizes that Robert Levinson is one The resolution (S. Res. 312) was of the longest held United States civilians in AUTHORITY FOR COMMITTEES TO agreed to. our Nation’s history; MEET The amendment (No. 2638) was agreed (2) notes recent pledges by newly appointed officials of the Government of Iran to pro- COMMITTEE ON FOREIGN RELATIONS to as follows: vide their Government’s assistance in the Mr. CARDIN. Mr. President, I ask (Purpose: To make technical corrections in the preamble) case of Robert Levinson; unanimous consent that the Com- (3) urges the Government of Iran, as a hu- mittee on Foreign Relations be author- In the seventh whereas clause of the pre- manitarian gesture, to intensify its coopera- ized to meet during the session of the amble, strike ‘‘and providing some initial in- tion on the case of Robert Levinson and to dications that he was being held somewhere Senate on January 9, 2014, at 10:15 a.m., immediately share the results of its inves- in southwest Asia’’. tigation into the disappearance of Robert to hold a hearing entitled ‘‘The Situa- In the eighth whereas clause of the pre- tion in Sudan.’’ Levinson with the United States Govern- amble, strike ‘‘further’’. ment; The PRESIDING OFFICER. Without The preamble, as amended, was (4) urges the President and the allies of the objection, it is so ordered. agreed to. United States to continue to raise with offi- COMMITTEE ON THE JUDICIARY The amendment (No. 2639) was agreed cials of the Government of Iran the case of Mr. CARDIN. Mr. President, I ask to, as follows: Robert Levinson at every opportunity, not- unanimous consent that the Com- (Purpose: To amend the title) withstanding other serious disagreements the United States Government has had with mittee on the Judiciary be authorized Amend the title so as to read: ‘‘A resolu- to meet during the session of the Sen- the Government of Iran on a broad array of tion urging the Government of Iran to fulfill issues, including human rights, the nuclear ate on January 9, 2014, at 9:30 a.m., in their promises of assistance in this case of program of Iran, the Middle East peace proc- SD–226 of the Dirksen Senate Office Robert Levinson, one of the longest held ess, regional stability, and international ter- Building, to conduct an executive busi- United States civilians in our Nation’s his- rorism; and ness meeting. tory.’’. (5) expresses sympathy to the family of The PRESIDING OFFICER. Without The resolution (S. Res. 312), with its Robert Levinson for their anguish and ex- objection, it is so ordered. preamble, as amended, and its title, as presses hope that their ordeal can be brought amended, reads as follows: to an end in the near future. SELECT COMMITTEE ON INTELLIGENCE Mr. CARDIN. Mr. President, I ask S. RES. 312 f unanimous consent that the Select Whereas United States citizen Robert UNANIMOUS CONSENT AGREE- Committee on Intelligence be author- Levinson is a retired agent of the Federal MENT—MANDATORY QUORUM Bureau of Investigation (FBI), a resident of ized to meet during the session of the Coral Springs, Florida, the husband of Chris- CALL Senate on January 9, 2014, at 2 p.m. tine Levinson, and father of their 7 children; Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without Whereas Robert Levinson traveled from imous consent that the mandatory objection, it is so ordered. Dubai to Kish Island, Iran, on March 8, 2007; quorum required under rule XXII be f Whereas after traveling to Kish Island and waived with respect to the two cloture checking into the Hotel Maryam, Robert PRIVILEGES OF THE FLOOR motions filed earlier today. Levinson disappeared on March 9, 2007; The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask Whereas, in December 2007, Robert objection, it is so ordered. unanimous consent that Kevin Rosen- Levinson’s wife, Christine, traveled to Kish f baum, detailee to the Senate Com- Island to retrace Mr. Levinson’s steps and met with officials of the Government of Iran mittee on Finance, and Stephanie ORDERS FOR MONDAY, JANUARY who pledged to help in the investigation; 13, 2014 Dearie, clerk to the Senate Committee Whereas for more than 6 years, the United on Finance, be granted floor privileges States Government has continually pressed Mr. REID. Mr. President, I ask unan- for the duration of the Congress. the Government of Iran to provide any infor- imous consent that when the Senate

VerDate Mar 15 2010 04:09 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE S260 CONGRESSIONAL RECORD — SENATE January 9, 2014 completes its business today, it ad- FOR A TERM EXPIRING OCTOBER 6, 2016, VICE STAN Z. MEREDITH LEIGH SANDERSON, OF VIRGINIA SOLOWAY, TERM EXPIRED. KATRINA J. SENGER, OF VIRGINIA journ until Monday, January 13, 2014; MOIRA K. SHANAHAN, OF THE DISTRICT OF COLUMBIA FOREIGN SERVICE that following the prayer and pledge, GRACE A. SHUGRUE, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE DEPART- SAMARA LAKEIDRA ANNESE SIMMONS, OF NEW YORK the morning hour be deemed expired, MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ERIC J. SKARPAC, OF MARYLAND the journal of proceedings be approved ICE OFFICERS OF THE CLASSES STATED. TABITHA JANETTE SNOWBERGER, OF TENNESSEE THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN ROBERT D. SOLES, OF VIRGINIA to date, and the time of the two leaders SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES DANIEL BRENT STONE, OF VIRGINIA be reserved for their use later in the IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF BRYAN STRAUB, OF OHIO AMERICA: MIKA STRICKLER, OF LOUISIANA day; that following any leader re- RANYA F. ABDELSAYED, OF VIRGINIA KEVIN J. SU, OF VIRGINIA marks, the Senate resume consider- ANDREW KEKOA ABORDONADO, OF CALIFORNIA JORDAN DAVID SUN, OF VIRGINIA LAURA RENEE ALDRICH, OF VIRGINIA JACOB DAWES STARNES SURFACE, OF INDIANA ation of S. 1845, the unemployment in- KAREN A. ANTONYAN, OF NEVADA SARAH A. TERRY, OF NEW HAMPSHIRE surance extension; that the filing dead- DWAIN D. ATKINSON, OF VIRGINIA EMILY TIETZE, OF TEXAS AZIZOU ATTE-OUDEYI, OF MASSACHUSETTS SAMUEL D. TOOTLE, OF VIRGINIA line for all first-degree amendments to NICOLE R. BADEN, OF MARYLAND DANIEL GARRISON TOWNE, OF VERMONT S. 1845 be 3 p.m. Monday and the filing DANIEL F. BAKER, OF MICHIGAN SEVAK TSATURYAN, OF CALIFORNIA CEDAR C. BALAZS, OF NORTH DAKOTA GEORGE M. TUCKER, OF THE DISTRICT OF COLUMBIA deadline for all second-degree amend- SARAH JEANNE BAUS, OF VIRGINIA SARAH MELISSA VAN HORNE, OF CALIFORNIA ments to the Reed amendment No. 2631 CLAIRE T. BEA, OF THE DISTRICT OF COLUMBIA SUSAN R. VAN WAES, OF VIRGINIA JESSICA LUCIA BEDOYA HERMANN, OF VIRGINIA DUNCAN T. VARDA, OF VIRGINIA be 4:30 p.m. on Monday; further, that at KAREN D. BETTENCOURT, OF CALIFORNIA JOHN VOLKOFF, OF MARYLAND 5 p.m. the Senate proceed to executive CHARLES C. CALVO, OF VIRGINIA LILA F. WADE, OF OREGON ROSS STEVENSON CAMPBELL, OF VIRGINIA IDASHLA KANE WAGNER, OF VIRGINIA session to consider the nomination of KATIE CAPARULA, OF THE DISTRICT OF COLUMBIA COURTNEY M. WALTON, OF ILLINOIS Robert Wilkins to be U.S. circuit judge BENJAMIN B. CHAPMAN, OF MARYLAND MATTHEW A. WARD, OF UTAH HEATHER MICHELLE CHASE, OF NEW HAMPSHIRE MARC A. WHITAKER, OF CALIFORNIA for the DC Circuit, with the time until MEGAN P. CHEN, OF ILLINOIS JEANELLE L. WICKS, OF ARIZONA 5:30 p.m. equally divided and controlled JOHN T. CHENG, OF MASSACHUSETTS LISA MARIE WOOD, OF NEW JERSEY GLORIA CHOU, OF CALIFORNIA ANGIE ZEIDAN, OF VIRGINIA in the usual form prior to a vote on GRACE ELLEN CHUNG, OF WASHINGTON FIRENO F. ZORA, OF VIRGINIA confirmation of the nomination; fi- JULLION MATHIAS COOPER, OF MASSACHUSETTS IN THE AIR FORCE COLIN MALLOY CRAM, OF THE DISTRICT OF COLUMBIA nally, that following disposition of the COLLEEN E. DE BERNARDO, OF VIRGINIA THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Wilkins nomination, the Senate re- JACQUELINE A. DE OLIVEIRA, OF VIRGINIA STATES OFFICERS FOR APPOINTMENT IN THE RESERVE EDUARD DEHELEAN, OF ILLINOIS OF THE AIR FORCE TO THE GRADE INDICATED UNDER sume legislative session and proceed to BERNARDO A. DIAZ, OF MASSACHUSETTS TITLE 10, U.S.C., SECTIONS 12203 AND 12212: vote on the motion to invoke cloture BROOKS W. DIEHL, OF VIRGINIA To be brigadier general on the Reed amendment No. 2631. EMILY CHRISTINE DIGNAN, OF FLORIDA CHELSI L. DILDINE, OF VIRGINIA COLONEL DENNIS J. GALLEGOS The PRESIDING OFFICER. Without CHRISTINE M. EICHINGER, OF ILLINOIS COLONEL DAVID D. HAMLAR, JR. CAROLINA ESCALERA, OF FLORIDA COLONEL JOHN S. TUOHY objection, it is so ordered. REBECCA ELIZABETH FARMER, OF WASHINGTON THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SORIBEL L. FELIZ, OF NEW YORK STATES OFFICERS FOR APPOINTMENT IN THE RESERVE f BOLTON XAVIER FORD, OF VIRGINIA OF THE AIR FORCE TO THE GRADE INDICATED UNDER CRAIG M. FRIED, OF VIRGINIA TITLE 10, U.S.C., SECTIONS 12203 AND 12212: PROGRAM KYLE PATRICK FRITSCHLE, OF VIRGINIA BART L. GEWERTZ, OF THE DISTRICT OF COLUMBIA To be brigadier general Mr. REID. Mr. President, the next CHRISTOPHER GIDEON GRANGER, OF CONNECTICUT vote will be at 5:30 p.m. Monday, Janu- ERIC W. GROFF, OF WASHINGTON COLONEL PAUL D. JACOBS ALEXANDER CHARLES GUITTARD, OF THE DISTRICT OF COLONEL TIMOTHY P. O’BRIEN ary 13, 2014, on the confirmation of the COLUMBIA COLONEL ANDREW E. SALAS Wilkins nomination. JULIAN ANDREACCHI HADAS, OF THE DISTRICT OF CO- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED LUMBIA STATES OFFICERS FOR APPOINTMENT IN THE RESERVE f CHARLES NORMAN HALL, OF MASSACHUSETTS OF THE AIR FORCE TO THE GRADE INDICATED UNDER JOSEPH H. HART, OF PENNSYLVANIA TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ADJOURNMENT UNTIL MONDAY, ZACHARY A. HAUGEN, OF THE DISTRICT OF COLUMBIA AMANDA R. HECKER, OF THE DISTRICT OF COLUMBIA To be major general JANUARY 13, 2014, AT 2 P.M. MARIE SUZANNE HEGLUND, OF VIRGINIA BRIGADIER GENERAL JON K. KELK MASON BENJAMIN HOROWITZ, OF ILLINOIS BRIGADIER GENERAL CASSIE A. STROM Mr. REID. Mr. President, if there is JENNIFER HOYLE, OF VIRGINIA BRIGADIER GENERAL KENNETH W. WISIAN no further business to come before the STEPHEN E. HUNEKE, OF THE DISTRICT OF COLUMBIA GRANT HUNTER, OF MISSISSIPPI THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Senate, I ask unanimous consent that KATE ERIN HUSBAND, OF MICHIGAN STATES OFFICERS FOR APPOINTMENT IN THE RESERVE it adjourn under the previous order. MARK GEORGE JACKSON, OF MASSACHUSETTS OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: There being no objection, the Senate, ARIEL ROSE JAHNER, OF CALIFORNIA ESTHER B-H JOE, OF CALIFORNIA To be major general at 7:18 p.m., adjourned until Monday, CHRISTOPHER DAVID JOHNSON, OF NEW YORK KEVIN PAUL KETCHUM, OF TEXAS BRIGADIER GENERAL DARYL L. BOHAC January 13, 2014, at 2 p.m. JUSTIN ANDREW KING, OF VIRGINIA BRIGADIER GENERAL ROBERT M. BRANYON JOHN-MARSHALL KLEIN, OF VIRGINIA BRIGADIER GENERAL MICHAEL B. COMPTON f ANNE MARIE ESTROSAS LEE, OF FLORIDA BRIGADIER GENERAL JAMES E. DANIEL, JR. SU LEE, OF VIRGINIA BRIGADIER GENERAL MATTHEW J. DZIALO NOMINATIONS STEPHANIE LELLA, OF NEW YORK BRIGADIER GENERAL RICHARD N. HARRIS, JR. ADAM MIGUEL LEVY, OF MASSACHUSETTS BRIGADIER GENERAL WORTHE S. HOLT, JR. Executive nominations received by KYLE JOSEPH PATRICK LISTON, OF OHIO BRIGADIER GENERAL GARY W. KEEFE the Senate: LISA A. LUDKA, OF VIRGINIA BRIGADIER GENERAL DAVID T. KELLY ANGELO MILO MAESTAS, OF WASHINGTON BRIGADIER GENERAL DONALD A. MCGREGOR DEPARTMENT OF THE INTERIOR MARK ROBERT MALONEY, OF VIRGINIA BRIGADIER GENERAL ROBERT L. SHANNON, JR. CARA M. MAQSODI, OF VIRGINIA BRIGADIER GENERAL ROBERT S. WILLIAMS SUZETTE M. KIMBALL, OF WEST VIRGINIA, TO BE DI- ERICA M. MARRERO, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RECTOR OF THE UNITED STATES GEOLOGICAL SURVEY, SHIVA ALIM MARVASTI, OF CONNECTICUT VICE MARCIA K. MCNUTT, RESIGNED. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JONATHAN MATZNER, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF STATE CATILIN ELIZABETH MAXWELL, OF VIRGINIA KATHLEEN E. MCDONALD, OF WASHINGTON To be major general DEBORAH L. BIRX, OF MARYLAND, TO BE AMBASSADOR TIMOTHY JAMES MCKENZIE, OF VIRGINIA AT LARGE AND COORDINATOR OF UNITED STATES GOV- BRADLEY MEACHAM, OF WASHINGTON BRIGADIER GENERAL CHRISTOPHER J. BENCE ERNMENT ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY. JACOB DANIEL MECUM, OF OREGON BRIGADIER GENERAL JACK L. BRIGGS II TERESA MILENKOVIC, OF VIRGINIA BRIGADIER GENERAL DAVID J. BUCK BROADCASTING BOARD OF GOVERNORS RHETT MOBLEY, OF FLORIDA BRIGADIER GENERAL THOMAS A. BUSSIERE THERESA MUSACCHIO, OF ILLINOIS BRIGADIER GENERAL STEPHEN A. CLARK MICHAEL W. KEMPNER, OF NEW JERSEY, TO BE A MEM- BRIGADIER GENERAL STEPHEN T. DENKER BER OF THE BROADCASTING BOARD OF GOVERNORS FOR ADMIR MUZUROVIC, OF VIRGINIA NAUREEN M. NALIA, OF CALIFORNIA BRIGADIER GENERAL JOHN L. DOLAN A TERM EXPIRING AUGUST 13, 2015, VICE MICHAEL BRIGADIER GENERAL MICHAEL E. FORTNEY LYNTON, RESIGNED. MARY ELIZABETH NAMETH, OF MICHIGAN ASHKAN NASSABI, OF MICHIGAN BRIGADIER GENERAL PETER E. GERSTEN CORPORATION FOR NATIONAL AND COMMUNITY DEBRA NEGRON, OF VIRGINIA BRIGADIER GENERAL GINA M. GROSSO BRIGADIER GENERAL JERRY D. HARRIS, JR. SERVICE EUGENE NOVIKOV, OF PENNSYLVANIA CHUKWUDI NWADIBIA, OF CALIFORNIA BRIGADIER GENERAL DARYL J. HAUCK HEIDI NEEL BIGGS, OF OREGON, TO BE A MEMBER OF JUAN A. ORTIZ MARQUEZ, OF VIRGINIA BRIGADIER GENERAL JOHN M. HICKS THE BOARD OF DIRECTORS OF THE CORPORATION FOR CONNOR O’STEEN, OF WASHINGTON BRIGADIER GENERAL JOHN P. HORNER NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- STEPHANIE KATHRYN PARENTI-GIORDANO, OF FLOR- BRIGADIER GENERAL JAMES R. MARRS PIRING OCTOBER 6, 2017, VICE ERIC J. TANENBLATT, IDA BRIGADIER GENERAL LAWRENCE M. MARTIN, JR. TERM EXPIRED. ANGELA KERRI PARHAM, OF VIRGINIA BRIGADIER GENERAL JOHN K. MCMULLEN RACHAEL NGUYEN PARRISH, OF MARYLAND BRIGADIER GENERAL BRADFORD J. SHWEDO DEPARTMENT OF LABOR MEAGHAN H. PATRICK, OF VIRGINIA BRIGADIER GENERAL JAY B. SILVERIA MALALY PIKAR-VOLPI, OF VIRGINIA BRIGADIER GENERAL LINDA R. URRUTIA–VARHALL CHRISTOPHER P. LU, OF VIRGINIA, TO BE DEPUTY SEC- BRIGADIER GENERAL JACQUELINE D. VAN OVOST RETARY OF LABOR, VICE SETH DAVID HARRIS. SANDRA VALERIA PIZARRO, OF IDAHO AARON HURLEY PRATT, OF MINNESOTA BRIGADIER GENERAL MARK W. WESTERGREN CORPORATION FOR NATIONAL AND COMMUNITY MELISSA FISHER RANN, OF ILLINOIS IN THE ARMY SERVICE ANTHONY MARK READ, OF NEW YORK ALEKSANDRA RISTOVIC, OF WEST VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WESTLEY WATENDE OMARI MOORE, OF MARYLAND, TO JOHN O. ROBERTS, OF MARYLAND IN THE UNITED STATES ARMY TO THE GRADE INDICATED BE A MEMBER OF THE BOARD OF DIRECTORS OF THE LAUREN ROBERTS, OF VIRGINIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CORPORATION FOR NATIONAL AND COMMUNITY SERVICE NICHOLAS ROBERT ROSSMANN, OF VIRGINIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

VerDate Mar 15 2010 04:09 Jan 10, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 9801 E:\CR\FM\G09JA6.068 S09JAPT1 jbell on DSK7SPTVN1PROD with SENATE January 9, 2014 CONGRESSIONAL RECORD — SENATE S261 To be lieutenant general MATTHEW M. ROGERS LYRAD K. RILEY DAVID A. ROTHAS CHRISTOPHER S. ROHDE MAJ. GEN. PARTRICK J. DONAHUE II RENE SAENZ KAREN A. RYAN PHILPOTT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CADE A. SALMON STEPHANIE A. SCHAEFER IN THE UNITED STATES ARMY TO THE GRADE INDICATED LESLEY J. SALVAGGIO DAVID P. SIMON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRETT A. SESHUL KRISTEN E. TALECK RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KYRA Y. SHEA DAI A. TRAN CHRISTINA L. SHEETS MARK W. TRUE To be lieutenant general ANGELA K. STANTON LAURENCE A. ULISSEY AIMEE N. ZAKALUZNY KEVIN R. VANVALKENBURG LT. GEN. WILLIAM B. GARRETT III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALLAN E. WARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR CATHERINE T. WITKOP IN THE UNITED STATES ARMY TO THE GRADE INDICATED FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRIAN M. YORK WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AARON T. YU RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant general RICHARD T. BARKER TO THE GRADE INDICATED IN THE UNITED STATES AIR ERIC G. BARNEY FORCE UNDER TITLE 10, U.S.C., SECTION 624: LT. GEN. DAVID D. HALVERSON ANGELICA BLACK To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHET K. BRYANT IN THE UNITED STATES ARMY TO THE GRADE INDICATED CANG QUOC BUI JENARA L. ALLEN UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: ERIC J. CAMERON ANDREW W. BAKER To be brigadier general, judge advocate FRANCISCO J. CATALA MICHAEL E. BINGHAM HEIDI L. CLARK BENJAMIN J. BRITTEN general’s corps MICHAEL J. CUOMO AMY C. BROWN COL. STUART W. RISCH LINDA LEE CURRIER CODY W. CALAME JOHN A. DALOMBA KATHRINA T. CARRASCO IN THE AIR FORCE MICHAEL F. DETWEILER CODY L. CHRISTLINE THOMAS J. DOKER JEFFREY G. CLAYTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID A. EISENACH BRANDON C. CLYBURN TO THE GRADE INDICATED IN THE UNITED STATES AIR TROY P. FAABORG REANN M. CORNELL FORCE UNDER TITLE 10, U.S.C., SECTION 624: KELLY J. GAMBINOSHIRLEY JENNIFER E. CREECH To be colonel GREG J. GARRISON MEGAN SARAH DESROCHES GREGORY S. HENDRICKS CYNTHIA L. DOMINESSY KATHRYN L. AASEN GEORGE A. HESTILOW PRESTON S. DUFFIN JASON T. BLACKHAM VINA E. HOWARTH ANDREA L. DUFOUR JEFFERY A. CASEY WEILUN HSU JOHN A. DUSENBURY, JR. CHOL H. CHONG TERESA MEAD HUGHES PETER S. FRANDSEN SHERYL L. KANE CHAD A. JOHNSON CHERIELYNNE A. GABRIEL AMAR KOSARAJU BRIAN A. KATEN JASON R. GARNER JAMES M. KUTNER EDWARD D. KOSTERMAN III CHRISTIN M. GIACOMINO DAVID P. LEE CHRISTOPHER M. KURINEC DOUGLAS N. GRABOWSKI ZINDELL RICHARDSON PATRICE L. LYONS ALLEN G. GUNN KEVIN J. STANGER THOMAS N. MAGEE WYETH L. HOOPES MICHAEL R. SUHLER MICHAEL D. MCCARTHY KELLEY A. HURSH RICHARD D. TOWNSEND ANN D. MCMANIS JESSICA A. ISENBERG JOHN K. WALTON MELISSA R. MEISTER BENJAMIN W. JOHNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CORY J. MIDDEL DERRIK R. JOHNSON TO THE GRADE INDICATED IN THE UNITED STATES AIR DENIS J. NOLAN SHANNAN M. JOHNSON FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIC L. PHILLIPS CHRISTOPHER J. JONES JOANNA L. RENTES ROYDEN DERRICK JONES To be colonel LARA L. RILEY TANN S. JONES MOCHA LEE ROBINSON MATTHEW W. JOOSSE THERESE A. BOHUSCH ETHIEL RODRIGUEZ KATYA B. KANUK DAVID E. BYER MATTHEW W. SAKAL BRYAN R. KATZ JAMES M. CANTRELL STEFFANIE S. SARGEANT AMANDA R. KELLY VICTOR CARAVELLO ERIC J. SAWVEL VERA LEE MARIE PAULETTE COLASANTI MELISSA HERGAN SIMMONS AUSTYN M. LEHMUTH CAROL M. COPELAND JOHN E. SIMONS MICHAEL S. LUNA MAUREEN O. HARBACK LEONARDO E. TATO CLAUDIA E. MAIOLO BRENT A. JOHNSON STACEY S. VAN ORDEN JOHN R. MALLYA JAMES W. LASSWELL MICHELLE L. WAITERS JOSEPH K. MCCOMBS KEVIN J. MCCAL CAROL A. WEST JESSICA L. MILBURN KRYSTAL L. MURPHY ROBBIE L. WHEELER MATTHEW T. MOBERG RICHARD SCHOSKE IAN P. WIECHERT MIKHAIL I. MUKHIN RANDOLPH R. SMITH REBECCA S. NEITZKE JAMES A. STEPHENSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR MARK R. OLSEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: RHETT K. OLSEN TO THE GRADE INDICATED IN THE UNITED STATES AIR NICHOLAS L. POLCZYNSKI FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be colonel DAMON J. POPE To be colonel JACOB A. POWELL ELIZABETH R. ANDERSONDOZE CHRISTOPHER J. RAIMONDI DAVID M. BERTHE MARK A. ANTONACCI DAVID M. RAPER PAUL N. CONNER KARYN JESTER AYERS JENNIFER L. REDFORD GREGORY S. CULLISON DEVIN P. BECKSTRAND JAMES M. RIDGEWAY II CHRISTOPHER A. DUN LYNN G. BERRY APRIL M. ROCKER TIMOTHY A. DYKENS ALEXANDER B. BLACK JASON A. ROSE ALFRED K. FLOWERS, JR. REBECCA SMILEY BLACKWELL LARA C. SACKHEIM LINDA M. GUERRERO STEPHEN R. BODEN CHRISTOPHER J. SAYLOR JOHN J. MAMMANO KURT R. BOLIN DAVID K. SCHINDLER TIMOTHY L. MARTINEZ HANS C. BRUNTMYER TODD A. SCHULTZ RONALD J. MERCHANT DARREN E. CAMPBELL TYLER J. SCHUURMANS TODD L. OSGOOD MATTHEW B. CARROLL MELISSA C. SHEETS MICHELLE A. PUFALL NAILI A. CHEN KIMBERLY A. SIMMENHIIPAKKA SCOTT C. SUCKOW NICHOLAS G. CONGER AARON T. SMITH JEFFREY J. WHITE PATRICK J. DANAHER JACOB T. SMITH PAUL A. WILLINGHAM EDWIN P. DAVIS, JR. NICOLE A. SMITH GERALD R. FORTUNA, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HELENA M. SWANK KATHY J. GREEN WAH YUNG TSANG TO THE GRADE INDICATED IN THE UNITED STATES AIR MARY L. GUYE FORCE UNDER TITLE 10, U.S.C., SECTION 624: JON P. VANDEWALKER WILLIAM N. HANNAH, JR. ABBEY C. VINALL To be lieutenant colonel MATTHEW P. HANSON CRAIG V. VINALL CHRISTOPHER G. HAYES SCOTT A. WALKER AMY R. ASTONLASSITER CHRYSTAL D. HENDERSON BRACKEN M. WEBB JENNIFER R. BEIN LAKEISHA RENEE HENRY SARAH M. WHEELER MARIE ANTONETTE C. BRANCATO DAVID C. IVES WILLIAM A. WRIGHT JOHN A. BREWSTER ROBERT A. JESINGER DERRICK A. ZECH JARED W. CARDON JON M. JOHNSON BENJAMIN R. CLARKE PETER H. KIM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LINDA K. COATES KY M. KOBAYASHI TO THE GRADE INDICATED IN THE UNITED STATES AIR JAY FEDOROWICZ MICAL J. KUPKE FORCE UNDER TITLE 10, U.S.C., SECTION 624: GEOFFREY L. GESSEL DONALD J. LANE To be major SCOTT F. GRUWELL HENRY K. K. LAU CURTIS J. HAYES TERENCE PATRICK LONERGAN ERIN E. ARTZ PAUL B. HILFER MIKELLE A. MADDOX TAMMY L. BAKER TYETUS T. HOHNSTEIN JOHN D. MCARTHUR VICKI L. BATEMAN NATHAN D. KRIVITZKY LISA C. MITCHELL DAVID T. BEUTLER KETU PANCHAL LINCOLN STEPHEN W. MITCHELL KATRINA R. BLANCO PATRICK M. MCDONOUGH MEREDITH L. MOORE PAMELA L. BLUEFORD DIONTE R. MONCRIEF CHARLES D. MOTSINGER SCOTT M. BOYD IRIS B. ORTIZ GONZALEZ ENEYA H. MULAGHA SHANNON CHRISTINE BRANLUND DANIEL J. PALAZZOLO GLEN K. NAGASAWA TRACY A. BRANNOCK CHRISTOPHER K. PARRIS DAVID M. OLSON SITAO V. BROWNHEIM JAKUB F. PIETROWSKI CRAIG R. K. PACK RICHARD H. CABALLERO CHAD R. RAPER RACHELLE PAULKAGIRI LANNIE M. CALHOUN MATTHEW T. RAPER DWIGHT E. PEAKE RACHEL E. CASEY JAROM J. RAY SCOTT C. PRICE DANIEL G. CASSIDY

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STEVEN R. CHASE JAVIER L. ARENAS ERIC T. RABENSTEIN PEDRO J. COLON JAMES J. ARNOLD TEMPLE A. RATCLIFFE ELIZABETH F. COPELAND JOANNE M. BALINTONA DARA DANIELA REGN TISHA T. CORNETT MATTHEW F. BARCHIE CHRISTOPHER A. ROUSE CHRISTINE RENNIE CREED DARRELL E. BASKIN DILLON J. SAVARD BRIAN D. CRUZ RHODORA J. BECKINGER MICAH D. SCHMIDT DANNY C. DACEY KENNETH S. BODE TODD A. SCHWARTZLOW JODI L. DANTER DANIEL E. BRADY KATHRYNE L. SENECHAL ANTHONY E. DARGUSH PRYOR S. BRENNER ANAND D. SHAH ROBERT T. DAVIS NATHAN H. BREWER HEATHER M. SILVERS MARK ANDREW DIXON ALICE J. BRIONES KRISTIN L. SILVIA KENT H. DO LEE JOSHUA BROCK MARVIN H. SINEATH, JR. IZABELA A. DZIEDZIC DANIEL J. BROWN MICHELLE T. SIT CRAIG D. ENGLAND DOUGLAS W. BYERLY MATTHEW J. SNYDER JON M. B. FARLEY MATTHEW C. CALDWELL ELIZABETH L. SOMSEL EMILY A. FLETCHER DALE C. CAPENER JONATHAN A. SOSNOV JASON R. FLORY KATHERINE M. CEBE JADE M. SPURGEON HEATHER M. FORD LAURA P. CEBE MARK C. STAHL JASON W. FORQUER VICTOR C. CHANG JENNIFER ANN STANGLE ADAM J. FRITZ STEVE I. CHEN MEGAN BURGESS STEIGELMAN EMILY A. FUSCO DONALD S. CHRISTMAN SHANE C. STEINER WILLIAM A. GARLISI, SR. KASI M. CHU JACOB T. STEPHENSON LUCAS GASCO CHAD E. CONNOR JOSEPH J. STUART JULIE M. GLOVER TARA E. COOK JASON L. TAYLOR KARINA C. GLOVER JESSICA W. CROWDER CAMERON M. THURMAN JUSTIN J. GRAY KATIE M. CROWDER CARLA E. TORRES EMILY A. GRIESER MICHAEL W. CROWDER ELIZABETH P. TRAN DANIEL B. GROSS BRYAN C. CURTIS SARAH N. VICK ROBERT T. GUDGEL EDDIE D. DAVENPORT MATTHEW C. WALLACE STEPHANIE K. HARLEY TASLIM A. DAWOOD GRAHAM I. WARDEN ARMEL HASANI KATE B. DEISSEROTH DERON T. WARREN ANDREW G. HELMAN CHRISTOPHER J. DENNIS CHRISTOPHER J. WILHELM LAURA P. HENRY JEFFREY D. DILLON JASON A. WILLIAMS JAYVANITA A. HILL MOORE TUCKER A. DRURY ALAN J. WILLIAMSON MARK R. HILL STEVE L. DUFFY MATTHEW J. WOLF ANDREW M. HODGE JAMES T. DUNLAP ELY A. WOLIN STACIANNE M. HOWARD MATTHEW D. EBERLY ALYN Q. WOODS ANDREW B. EBERT CHRISTOPHER M. HOWELL JOSHUA Y. YOUNG ELIZABETH A. ERICKSON AMANDA E. HUSTON SCOTT A. ZAKALUZNY AARON M. FIELDS IRENE R. JACKSON TERESA L. FINNILA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KASEY M. JACKSON BRIAN M. FITZGERALD TO THE GRADE INDICATED IN THE UNITED STATES AIR BARBARA R. JEAN ANNA M. FLINN FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIC W. JORCZAK JOSEPH P. FORESTER FERNINA Y. JUNIEL To be major MICHAEL R. FRAYSER SARAH E. KELLY AMY E. GAMMILL ADAM L. ACKERMAN NEAL J. KENNINGTON MATTHEW C. GILL DANIEL J. ADAMS MAUREEN F. KIMSEY SEAN C. GLASGOW SABRINA M. AKHTAR JAMES W. KURZDORFER CHRIS K. GOLD JANELLE M. ALEXANDER LEA L. LAFFOON MATTHEW D. GOLDMAN KRISTINE E. ANDREWS ANDREW B. LAMMY CRAIG A. GOOLSBY JUSTIN J. ARAMBASICK ANTONIO LEONARDICATTOLICA DAVID K. GORDON II MATTHEW A. ARMSTRONG BRIAN E. LIVINGSTON CLAIRE HOELSCHER GOULD RYAN D. AYCOCK KARLO M. MARIANO SCOTT I. HAGEDORN SARAH K. AYERS CRYSTAL V. MCLEOD HEATHER A. HALVORSON JUSTIN P. BANDINO HEIDI A. MCMINN MARIE J. HAN MICHELLE L. BANDINO KIMBRAY N. MCNEAL MATTHEW C. HANN MICHAEL A. BARAKAT MARI M. METZLER SHANA LEE HANSEN DARRICK J. BECKMAN TABITHA D. MULLINS BRENT S. HARLAN MELISSA C. BECKMANN NGUYEN T. NGUYEN KENISHA R. HEATH DAVID CARL BELCHER LAURA A. NICHOLS CHANCE J. HENDERSON DAVID E. BEREDA JIN U. O DANA J. HESS MARSCHALL B. BERKES MELISSA M. ODENWELLER SVEN M. HOCHHEIMER CHRISTOPHER L. BERRY UZOAMAKA ODIMEGWU MBAKWEM BRIAN L. HOLT STUART R. BERTSCH MARK F. OLSON MARC D. HOPKINS MELISSA J. BLAKER LAMONT Q. ONG ANDREW Y. HSING DANA M. BLYTH JOSE A. ORTEGA BRIAN S. JOHNSTON AARON M. BOGART JEREMY R. PALLAS COURTNEY A. JUDD PRENTICE L. BOWMAN GREGORY H. PALMROSE ERIC W. KADERBEK ERIN K. BOYLSTON GENA C. PARKMAN GREGORY C. KAHL ERIN N. BRACK TUYEN T. PHAM JOHNSON C. KAY MICHAEL BREWER SONIA N. PONS KIRK A. KEEGAN III WILLIAM E. BROOKS DAVID R. POOLE CHRISTOPHER KEIRNS MICHAEL R. BRUNSON JESSICA M. POTHAST PATRICK L. KELLER NATHAN S. BUCK AMY L. QUINLISK JASON A. KELLY REBECCA K. BURNS MICHAEL J. RABENER RONALD J. KHOURY REBECCA R. BURSON MICHAEL H. RATH MARY ANNE KIEL KATHRYN M. BURTSON PATRICE L. REVIERE JULIANE B. KIM TYLER M. BUSER JORDAN B. RICHARDSON JEREMY A. KING MELISSA R. BUSKEN GERARDO I. ROBLES MORALES MELISSA M. KING PAUL E. BUTTS LAKISHA GADSDEN ROE GEORGE H. KOTTI III KIMBERLY B. CALDWELL ANDREA M. ROPE LEZLIE R. KUEBKER ROBERT M. CAMBRIDGE JILL M. ROSER CAROLYN S. LACEY BRYAN J. CANNON EMILY A. ROUGIER JEFFREY S. LAROCHELLE DIANE M. CARANTA DAWN M. RUSSELL GRANT E. LATTIN, JR. CHRISTOPHER J. CHIU JAMES B. RUTLAND DALILA W. LEWIS MARYROSE D. CHUIDIAN KAREN M. SALYARS ARNOLD K. LIM LETITIA DANIELLE CHUKWUMAH LLOYD C. SCHARFENSTINE JEN LIANG JACOB LIN YOUNGME C. CHUNG JOHN I. SHOAF CHRISTOPHER J. LINBERG CHRISTOPHER N. CLARKE JEFFREY J. SMITH HENRY C. LIU JEFFREY A. COLBURN THOMAS M. SMITH EDWARD M. LOPEZ CHARLIE A. COLLENBORNE RABECCA K. STAHL JOSEPH E. LOTTERHOS, JR. JOSHUA C. COMBS JIMMY D. STANLEY BRUCE A. LYNCH MATTHEW R. COMPTON BRIAN J. STROH BRYANT R. MARTIN MARK A. COOMES LAURA L. SWANSON JASON C. MASSENGILL SCOTT J. CRABTREE, JR. DAWN APRIL TANNER PETER E. MATTHEWS NICOLE C. CROLEY JOLYN I. TATUM GREGORY THOMAS MCCAIN JARED A. CROTHERS NADIA E. TEALE SHANNAN E. MCCANN TORIJAUN D. DALLAS MICHAEL R. TEMPLE SHANE N. MCCAULEY CORDELL R. DAVIS MATTHEW S. UBEDEI TIMOTHY J. MCDONALD SHYAM K. DAYA DANNY J. VILLALOBOS SHAWN M. MCFARLAND MAURICIO DE CASTRO PRETELT KATHERINE J. WAGGNER MICHAEL A. MEEKER STEVEN D. DEAS CATHERINE M. WARE JONATHAN S. MILLER MELISSA L. DECKER MICHAEL L. WEBBER JAMES D. MITCHELL ERIK SCOTT DESOUCY DAVID M. WELLER ARASH K. MOMENI KRISTEN L. DEWILDE TOMAS WIDEMOND DERRICK A. MONTGOMERY SCOTT C. DILLARD CHAD R. WILLIAMS GLENVILLE G. MORTON CHRISTINA L. DILLER DIANNE L. WILLIAMS BRIAN H. NEESE BRADLEY R. DOLES JAMES B. WILLIAMS ADAM J. NEWELL DANIEL A. DOLEWSKI II TODD K. ZUBER JOHN M. OBERLIN STACY A. DONNELLY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES B. ODONE GARY W. DORAZIO TO THE GRADE INDICATED IN THE UNITED STATES AIR DAVID M. OLDHAM JALIEN KATRICE DORRIS FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH M. OLIVEIRA RYAN S. DORSEYSPITZ To be lieutenant colonel WILLIAM L. POMEROY III JOSHUA R. DUNCAN JOHN W. POWELL KEITH E. EARLEY, JR. WESLEY M. ABADIE JESSICA F. POWERS PETER S. EASTER CHRISTOPHER T. ANDERSON RONALD J. QUAM SHANNON R. EHLERINGER

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BASHIR ELKHOURY RICHARD E. REINSVOLD MARC G. KNOBBE EMILY J. ERMIS JUSTIN C. REIS MIRIAM A. LOVELL SCOTT M. EVERSON JEANMARIE B. REY BRANDEN M. MAXWELL ANGELA M. FAGIANA ILA S. REYES TAYLOR K. OPEL JETHER C. FARINO WESLEY D. REYNOLDS AMOS K. PETERSON CHARLES J. FERONTI DEREK M. RICHARDSON SANTOS K. J. RAPP PATRICK R. FINKBONE DAVID L. RIGGS, JR. CAITLIN A. RIZZO SARAH BRITT FOLEY AARON M. ROBERTS D011695 CAELAN M. FORD CHRISTINA HELEN ROBINSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HEATHER N. FOSTER JOEL N. ROBINSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANA A. FRAZINE CHRISTINE ROJAS MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., ANTHONY P. GALE REBECCA A. ROSE SECTIONS 624 AND 3064: LAURA K. GALLO NATASHA M. ROWE HILARY B. GALLOGLY KAREN A. RUPP To be major HECTOR M. GARCIA MARRERO TRAVIS C. RUSSELL CHRISTIAN A. GARCIA TYLER W. RUST VICTOR M. ANDA NITASHA D. GARCIA ELIZABETH E. SABLOTNE TODD D. ANDERSON NOEL M. GARCIA DANE H. SALAZAR TIMOTHY M. BENEDICT JENNIFER M. GEMMILL VALERIE G. SAMS TROY P. BETTENCOURT SPENCER M. GEORGE DAVID R. SAYERS DAVID M. BOLAND LAWRENCE MCLEAN GIBBS CHRISTOPHER SCHEIBLER EDWARD J. BOOTH SHANNON A. GLADMAN FREDERICK W. SCHIEBEL TISHA L. BRIDGE LINDSEY A. GOETZ MONICA E. SCHMIDT CHARLES P. BRILL AARON J. GOODRICH THOMAS W. SCHMIDT JASON R. COLLINS ROSS F. GRAHAM BROOKE M. SCIUTO CHRISTOPHER B. CORDOVA RICHARD E. GRAY DANIEL J. SCOTT BRADLEY P. COUGHLIN RYAN L. GRAY OWEN J. SCOTT ROBIN E. CUSHING ASHLEY L. GUBBELS MICHELE A. SCULLY KAREN A. DAIGLE JOSHUA D. GUSTAFSON BRETT SEARCEY CINDY J. DEAN ANDREA M. HAGES DAVID J. SHAW MARIA G. DUGGAN JESSICA L. HAINSFURTHER ANDREW J. SHEEAN EMMANUEL EASTERLING KIMBERLY A. HAMILTON MICHAEL R. SHERMAN DAVID E. ELLIOTT DALLAS G. HANSEN ASHLEY M. SHIRAH LINDSEY K. FAUDREE MARK C. HANSEN MATTHEW P. SHUPE BRIAN M. FECTEAU CHRISTIANNE M. HARRIS THOMAS S. SHUTE ANDREW D. FISHER GABRIEL T. HARRIS TRACY J. SLAGER ISMAEL FLECHA APRIL E. HAURY JOANNA L. SLOBODNJAK ANDREW D. FORTENBERRY TIMOTHY R. HAUSER CASEY C. SMITH DARRON FRITZ BENJAMIN J. HEATON WILLIAM D. SMITH JAMISON E. GADDY KELLY D. HEEGARD BRETT C. GENDRON ROBERT J. HENLEY ANGELA M. ST CLAIR REBECCA H. STANLEY CRYSTAL L. GIESEL NATASHA C. HERBOLD JASON D. GONZALEZ CHRISTOPHER W. HEWITT DWAYNE C. STEELE JUSTIN D. STERETT BRIAN E. GRAY JUSTIN B. HILL BRIAN T. GREGG JOSHUA W. HINSON JONATHAN A. STERING ANDREW PAUL STEVENS STEPHEN HANSON BRIAN J. HOOD DARREN W. HEARN JAMES E. HOUGAS III JOSHUA A. STEVENS MARK J. STEVENS JULIE A. HESS ANDREW D. HOUSHOLDER MICHAEL D. HOLLOWAY ADAM B. HOWES CHRISTOPHER J. STRAUCHON MEGHANN M. STROBACH SCOTT R. JOLMAN KATTIE DANNIELLE HOY JOETTA M. KHAN NICOLE M. HSU MARY F. STUEVER ANGELA D. SULLIVAN JUSTIN KOCHER JOSEPH C. HUDSON TINA M. KOILE OMOTAYO A. IDERA ABDULLAH SABRINA M. SUMNER ROBERT B. SWANSON KRISTOPHER B. LEWIS KATHERINE M. IVEY KELLY J. MARCOUX CHRISTINE E. JACOBSEN MATTHEW J. SWENSON CHRISTOPHER F. TANA TODD L. MCNIESH HAMEED JAFRI CHRISTOPHER G. METCALF ROCKY P. J. JEDICK KELLY B. THOMPSON ENRILYN R. THRONSON JOHN A. MILLER JULIE R. JEYARATNAM MICHAEL D. MORRISON, JR. CYNTHIA R. JOHNS JONATHAN D. TIDWELL MICHAEL K. TIGER ANTONIO ORTIZGARCIA MARY A. JOHNSTON TAMARA E. OSGOOD BRANDON Q. JONES AMANDA M. TIPTON ROBERT L. TONG DUSTIN T. OVERHOLT RYAN W. JONES JASON F. PACE JOHN H. KIM OANH N. TRAN JOHN F. TRENTINI III DAVID M. POLSTON RICHARD BENJAMIN KNIGHT OSCAR POMALES STEPHANIE I. KNODEL GREGORY TRIFILO RICHARD E. TROWBRIDGE FRANK RAMOS RYAN M. KRAMPERT CHRISTOPHER W. REMILLARD BENJAMIN B. KUMOR DANIEL T. TRUSCOTT DANIEL J. URSCHEL JESSE P. REYNOLDS EMILY S. KUO BRADLEY M. RITLAND ANDREW J. KUSCHNERAIT MARY ROSE B. VALINA MICHAEL R. VAN DUSEN CANDI C. ROBERTS HANA K. KWAN CHRISTOPHER J. RUGGIERO RHET R. LANGLEY ALLISON A. VAN HAASTERT JOHN E. VICKMAN DAWN M. RYAN JENNIFER L. LAZAROWICZ MELISSA J. SHELTON AMY M. LEE DAVID M. VON CLEF BETTINA C. WATKINS BRIAN S. SIMONS RACHEL A. LIEBERMAN CRAIG J. STACHEWICZ MARK LIU LUISA Y. WATTS MICHAEL A. WATTS SUSAN STANKORB LIN N. LU MARTIN L. STEWART LESLIE LYLES JOY E. WHEAT BRANDON M. WHITE RACHELLE THOMAS RAEANN H. MACALMA VALERIE M. WATKINS JAIMIE L. MAINES DERRIC ALLAN WHITESIDE MATTHEW C. WILSON DREW M. WEBB JACOB S. MAJORS JEFFREY A. WEISS ANDREW M. MALEY PRESTON J. WILSON REBEKAH L. WOLAK WELTON W. WILSON JAMES M. MANLEY JOSHUA A. WORLEY CRYSTAL M. MANOHAR SKY J. WOLF WILLIAM E. MARTIN PRISCILLA H. WONG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID T. MATTESON MEREDITH L. WRIGHT TO THE GRADE INDICATED IN THE UNITED STATES ARMY JON R. MAUST ZACHARY E. WRIGHT, JR. NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND WILLIAM J. MAYLES ABBY L. YOUNG 3064: KRISTEN P. ZELIGS BROOKE E. MCCARTHY To be major TREVOR I. MCCOTTER IN THE ARMY MATTHEW S. MCDONOUGH TRACY K. ABENOJA TIFFANY P. MERRICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SAMANTHA L. T. AGEE RYAN P. MOLCHAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN P. ALEXANDER SONIA L. MOLCHAN VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS MICHELLE F. AMBERSLEY MICHELLE R. MORA 624 AND 3064: IQUO N. ANDREWS KRISTY MORALES To be major DANIELA A. ARGENTINO ARIAN A. MOSES DANGELO M. AUSTIN DAVID A. MOSS JOSEPH A. ANDERSON KENNETH M. AYTES BARON THAXTON MULLIS ERICA K. BARKEI BRIDGETTE S. BAILEY SHANNON M. MURPHY JACOB L. BARNOSKI JIYOON J. BARHAM PATRICIA I. NWAJUAKU SHAWN C. BASINGER STEVEN A. BARR ROBIN M. OBER COLT W. BAXTER FELISA K. BATSON TIMOTHY R. ORI MICHAEL BELLIN SAMANTHA E. BAZAN ZACHARIAH A. OVERBY DESIREE R. BROACH DAWN M. BLANCHARD JUDY K. OWENS AMY M. CARLSON CAMISHA Q. BOATWRIGHT CHARLES Q. PACE AMANDA J. CHAMBERLIN REUBEN BONDURANT DEMIAN A. PACKETT ROSS A. CONIGLIO PHANTHAVONG BOON JAVIER A. PADIAL JASON R. CRAWFORD WILLIAM BOSOMPEM WHITNEY PAFFORD JOHN M. CRAWFORD COLLAZO G. A. BRACETE STEPHEN J. PARK TERRA L. DAWES WILLIE C. BRANCH CORNELIUS R. PETERSON FRANK A. DECECCO GORDON T. BRISCOE TREVOR A. PETERSON TACIA E. DESPO ELIZABETH R. BROWN DANIEL S. PETTIT MATTHEW T. FRENCH ROBIN R. BROWN NEIL T. PHIPPEN ANGELINA C. GERARDO TRENA A. BUGGS JENNIFER L. PIPPIN JAROD M. HANSON MICHELE L. BURATTI KYLA R. PYKO DIANA A. HOFFMAN SEAN W. CALDER KRISTEN A. REINEKE RHONDA L. HOLT BROOK T. CARERROS REGINA M. REINSVOLD STEPHANIE M. KENNEDY LORETTA K. CLARKTORREIRA

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VERONICA D. COLLINS BRENT B. TUMA KATHRYN C. LOFRANCO YASHIKA R. COOK MARY A. TURBIAK ISAAC LOPEZ RICHARD E. CROCKER SANDRA L. TURNER IAN J. LYNCH JEREMY K. CROUCH RACHEL G. TYLER JAMES B. MACDONALD RICHARD A. CURRY JOANN C. WARD TRISTAN C. MANNING WILLIAMS L. M. DANIELS KELLEY A. WATTS PEDRO L. MARREROGUZMAN NICOLLE E. DEATON NANCY J. WEAVER SCOTT A. MARTIN CELIA DIAL KAREN A. WHITE KATIE M. MARTINEZ JAMES J. DIAL ERIN E. WHORRALL BRIAN A. MASON ELISABETH DILLON ANDREW J. WIEHER TARA N. H. MCADOO MEGAN D. DONALD TINA M. WILLIAMS PATRICK W. MCCARDLE NAKEIMA E. DORR RACHEAL L. WOOD BRANDON D. MCCARTER NICOLE R. DRAKE KATHLEEN M. YOUNG LANCE E. MCINTIRE JULIE R. DUFFY DANIEL J. YOURK CASEY MCKENNA JOHN C. ECKHOLM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEE A. MCMOOAIN, JR. MICHAEL A. ELIE TO THE GRADE INDICATED IN THE UNITED STATES ARMY JENNIFER N. MEADOWS MATTHEW J. EULER MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- TY A. MEDLER ANNIE M. FANT TIONS 624 AND 3064: BRIAN A. MILLER NATALIE A. FARLEY MICHELLE L. MILLER ANGELO V. FIORE To be major DANELLE M. MIYAMOTO ANGELIA M. FISHER ALEX C. MONTGOMERY ELIZABETH A. FLEGE HARRIS A. ABBASI MICHAEL L. ACE TERRANCE MONTGOMERY KYLEE J. FOY MEGAN E. MORGAN JACOB R. FROEHLE JOCELYN M. ADVIENTO BRENT E. ANDERSON MICHAEL S. MOSER MARC A. FURMANSKI KRISTIAN D. MROCZKO JULIE K. GAHL DAVID L. ARMESON MICHAEL G. BACKLUND MICHAEL J. MURPHY JEFFREY M. GAINOK ERIC J. NEELANS MANUEL A. GALAVIZ CHASKA L. BARKSDALE ANTIONE D. BARNETT GABRIELA L. NIESS BRIAN P. GALLAHAN PRINCESS P. PALACIOS BETHANY D. GARDNER DOUGLAS D. BARRICKMAN HOWARD W. PALMER BELINDA I. GIBBS ANTIONE D. BARRY MATTHEW PARTYKA JENNIFER Y. GIVENS JONATHAN S. BARTLETT NATHANIEL J. PASCHAL MICHAEL GRAY MEGAN L. BATES LES S. PATTERSON KELLY N. GREEN CARLA A. BERGER DENNIS J. PENACERRADA BRIAN A. GREENE CATHERINE A. BESSLER MARCUS D. PERKINS CYNTHIA D. GROENDES TIFFANY R. BILDERBACK WADE H. PETERSEN JOSE G. GUTIERREZHERNANDEZ DARIN R. BINGHAM RACHEL S. PETWAL TIMOTHY L. HARRINGTON CHRISTOPHER M. BLACKNALL SHANTAY R. PHILLIPS HERMAN L. HENKES ALEJANDRO BONILLA GENO M. HERRON ISAAC M. BONNEY BRYAN C. PICKERAL PATRICIA A. HODSON DOMINICA D. BOWDEN ROBERT R. PLOTTS SETH A. HOLLOWAY MELISSA M. BOYD ALEXANDER RAGAN TORRY B. HOOK LINDSAY M. BRADEN CAMILLO N. RAMIREZ CHRISTY G. HOYT ROBERT D. BRODNICK MELISSA G. REGISTER FELECIA E. HUDSON ALISSA L. BYRNE MARSHA D. REVEAL JENNIFER L. HUYCK ASMAR S. CALVERY ERIN E. RICHARDS CATHERINE T. JENNINGS CORETTA F. CAMPBELL CHRISTOPHER W. RICHELDERFER GEORGE H. JOHNSON SPENCER B. CASH KELLY M. RIVERA COREY W. JONES EDWIN G. CAUDELL VIRGIL A. RIVERA KEVIN P. JONES JOSHUA D. CHASE JOHN F. ROBICHAUX STEPHEN D. JONES JESS M. CHRISTENSEN JORGE F. RODRIGUEZ NANCY N. KANE ALSHONTA CLEMONS DENNIS M. RUFOLO JAYME L. KAPFENSTEIN LAUREL K. COFELL DIEU T. T. RUSHBROOK SUZANNE T. KEITH THOMAS C. COLLETTE RAUSHAN A. SALAAM LAQUINCYIA R. KEY SEAN N. COLLEY LATRICIA N. SANDERS ANDREW S. KRAUSE NATALIE D. COLLINS ADAM N. SCHAFFER PATRICK M. KRUM BRENT A. CREER ROBERT N. SCHLAU NICKIE A. LACER JONATHAN A. DAMBROZIO SHAMECCA M. SCOTT JOANN J. LEDOUX ANDY D. DAO GRANT SEVERSON NORRIS L. LEVY NEAL A. DAVIS ROXANNA E. SHEAFFER JOSEPH M. LISTER KIMBERLY L. DECKER CLARK SIMON STEPHENIE R. LISTER SAMANDRA T. DEMONS JON J. SKIDMORE DEBRA LOVE IAN C. DEWS AARON M. SMITH JULIANA A. LUCIANO BRENDAN S. DONOVAN JASON P. SMITH NICCOLE M. MALDONADO REUBEN G. DOORNINK JESSE E. SMITH CANISHA A. MARTIN CHRISTINE P. DOWNS STEPHANIE D. SMITH ATIA C. MBAH MICHAEL N. DRETSCH VICTOR F. SORANO SANDRA B. MCKENZIE PATRICK DULIN GWYNETH R. SOTO KELLY C. MEISTER PHILIP J. DURANDO JAMIE L. SOUTHERLAND FELIX MERCADOTORRES EDWARD N. EDENS NICHOLAS R. SPANGLER AMANDA M. MERRITT CESAR I. EGUSQUIZA WILLIAM D. SPRUILL JUSTIN L. MILLER MICHELLE L. ELLIOTT JOHN C. STEHULAK BARON B. MOEHLENBROCK MATTHEW R. EWENS RANDALL J. SWEENEY KRISTINA E. MOFFETT STEVEN E. FLANNIGAN MELISSA M. THOMAS JOHN M. MOZER JASON A. FOGARTY MATTHEW L. TILLMAN ERIC S. MUTCHIE MICHAEL P. FORSLUND THOMAS F. TORCHIA AMANDA B. NAPOLET MATTHEW D. FRANCIS HA T. TRAN NATHANIAL NARAYANA CHAD M. GAGNON CYNTHIA L. TUCKER CYNTHIA L. NATION ARMANDO M. GENEROSO ROSALYNDA M. UY NICOLE M. NELSON CORY L. GEROULD CHRISTINE M. VANDEVEIRE MICHAEL G. NEUFELD KASSANDRA T. GESSE CRISTA M. WAGNER MARTHA M. ONER DANA Y. GRAY LYNN M. WAGNER NICKOLAS C. PACELLA GEORGEANA L. GREEN MELINDA A. WALLACE FIGUEROA O. PEREZ MICHELL L. GRIFFITH FRANK B. WANAT GREGORY R. PHILLIPS JUAN E. GUZMAN TERRANCE L. WILLIAMS ISABELLA PINA JASON G. HALBERT MATTHEW C. WINGATE LOUIE S. PINEDA NAKIA C. HALL CHRISTOPHER S. WOODSON MELODY POLANEC KATHLEEN E. HAMILTON JULIE K. YOUNG KENNETH O. PORTER PATRICIA J. HAMMOND JOSHUA D. ZELDIN LISA A. POST CHAD R. HANDLEY DAVID M. ZUPANCIC TRACEY E. POWELL JUSTIN W. HANSEN IN THE MARINE CORPS MARITA J. PRINCE CHARLES L. HAYES DERRAL W. PROWANT ZACHARY J. HEINRICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HEIDI R. RADMER PAUL C. HENNING TO THE GRADE INDICATED IN THE UNITED STATES MA- RYAN K. RANSOM JESSICA HIGA RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NICOLE L. RAU GREGORY B. HILL To be lieutenant colonel RANDY J. RAU STUART S. HOBBS KELLY A. RENEHAN JESSICA R. HULL WILLIAM B. ALLEN IV NORVEE R. REYES RACHEL N. HUSSAIN BRETT A. ALLISON NSENGA RIBEIROANDERSON NYKEBA L. A. JACKSON JOSE E. ALMAZAN TANESHA D. RICHARDSON MARVIN J. JENNINGS BRADLEY W. ANDERSON SCOTT A. RIVERS ANTHONY R. JONES JOSHUA D. ANDERSON LUDRENA C. RODRIGUEZ STEVEN G. JONES SETH E. ANDERSON KIMBERLY A. ROSENBAUM JAMES T. JUNE ROBERT G. ANTOLINO BROOKE H. SCHRUM ERICA L. KANE DAVID W. BAAS KESHIA A. SEYDEL DANE A. KAPPLER THOMAS N. BALL ANNE J. SHEAHAN RICHARD M. KELLEY JAMES T. BARDO STEPHEN J. SHOWALTER JASON S. KIM JEFFREY D. BAUER JANET J. SIMS KATHERINE M. KINDER JEREMY W. BEAVEN ASHLEY D. SMITH BRADLEY K. KISTLER PIERRE R. BERTRAND CURTIS B. SMITH DAVID S. KLAJIC JAMES S. BIRGL ADAM J. SOKOLOWSKI LISA R. KLEIN JOHN W. BLACK KIMBERLY M. SOLARI SANJAY KRISHNASWAMY JASON A. BOROVIES EDRIS L. STAPLES RYAN S. LABIO MARK D. BORTNEM CHERYL L. THOMAS CLAYTON C. LANGDON JOHN C. BOWES TERESA TIMMS DAYAMI LIEBENGUTH TIMOTHY S. BRADY, JR. LEIGH B. TRAYLOR RODNEY L. LINCH CHRISTOPHER M. BRANNEN

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LEONEL O. BRITO, JR. PETER D. HOUTZ JOSHUA M. PIECZONKA MARK J. BROEKHUIZEN CARRIE M. HOWE ADAM W. PITNEY JEFFREY D. BROWN STUART H. HOWELL RYAN T. PRINCE MARK C. BROWN JEFFREY A. HUBLEY JAMES S. PRYOR MATTHEW A. BROWN MATTHEW G. HUMPHREY ERIC D. PURCELL THOMAS A. BROWNE, JR. BRIAN E. HUTCHERSON ANDREW J. PUSHART JEFFREY H. BUFFA IVAN F. INGRAHAM BERT RAKDHAM ANTHONY W. BURGOS KHIEEM JACKSON GARRETT V. RANDEL III DAMON K. BURROWS JOHN J. JAMES JOHN G. RANDOLPH ROBERT L. BURTON HEATH B. JAMESON CHARLES C. READINGER MICHAEL D. BUTLER ADAM B. JENKINS SCOTT M. REED DUSTIN J. BYRUM GREG R. JOHNSON GREGORY J. RIVALDI MICHAEL T. CABLE ROBERT D. JOHNSON KEVIN R. ROOT ANDRES H. CACERESSOLARI JOHNNIE D. JONES, JR. RICHARD M. RUSNOK AMY S. CAHOON QUINTIN D. JONES SHEREL L. RYAN JOHN O. CALDWELL RANDALL K. JONES JONATHAN Y. SABADO JADE CAMPBELL ALLEN A. KAGEN STEPHEN T. CAMPBELL DENNIS J. KASKOVICH, JR. CRAIG E. SCHAFFNER MATTHEW P. CAPODANNO HENRY H. KAYSER JONATHAN L. SCHNEIDER ROBERT E. CARLSON, JR. MATTHEW J. KESSLER DAVID A. SCHREINER WALTER G. CARR JAMES A. KIDD RYAN E. SCOTT SIU K. CHENG TRAVIS M. KING DOUGLAS A. SEICH BRIAN G. CILLESSEN CHRISTOPHER R. KOTLINSKI RYAN E. SHADLE THOMAS J. CLEAVER NATHAN S. KRICK SHANNON M. SHEA LOUIS COLTER III ANTHONY G. KROCKEL JUDE C. SHELL CRAIG C. CONNELL II DIONNE V. KU SCOTT M. SHUSTER WARREN C. COOK, JR. KEVIN K. KUGINSKIE JEREMY W. SIEGEL TIMOTHY J. COOPER MICHAEL F. KUTSOR CHRISTOPHER D. SILER FRED G. COURTNEY III WACO LANE EDWARD J. SILVA CLAYTON A. CRAIG ADAM LEVINE SCOTT P. SILVIA JOSEPH W. CRANDALL MARTIN R. LEWIS JONATHAN N. SIMS DEREK M. CROUSORE KEVIN A. LIPSKI JESSE L. SJOBERG URBANO CRUZ JOHN R. MACFARLANE IV JOHN P. SKUTCH JONATHAN E. CURTIS TODD E. MAHAR DANIEL T. SMITH JEREMY G. DEVEAU DAVID L. MANKA ERIK J. SMITH SHAUN W. DOHENEY MELANIE J. MANN JASON R. SMITH JASON E. DONOVAN PATRICK G. MANSON JONATHAN R. SMITH JAMES S. DORLON NOAH G. MARQUARDT MICHAEL S. SMITH HAROLD E. DOWLING MERIDITH L. MARSHALL THOMAS D. SMOLENSKI JARED R. DUFF RICHARD C. MARTIN, JR. DEREK M. SNELL SEAN P. DYNAN NATHAN S. MARVEL DANIEL H. SNYDER JAMES W. EAGAN III MICHAEL F. MASTRIA CHRISTOPHER T. STEELE LAUREN S. EDWARDS ROGER E. MATTIOLI IAN D. STEVENS THOMAS E. ELDERS MATTHEW M. MAZ MATTHEW J. STEWART SEAN M. ELWARD MARK D. MCCARROLL JAMES R. STOVER DAVID C. EMMEL REGINALD J. MCCLAM BRIAN L. STRACK JACOB O. EVANS STEPHEN N. MCCLUNE NATHANIEL B. STUSSE MICHAEL C. EVANS ERIN K. MCHALE GREGORY J. SUMMA ROY H. EZELL III MICHAEL T. MCMAHAN STEVEN M. SUTEY EDWARD R. FERGUS ANTHONY F. MCNAIR JAMES S. TANIS DAIL T. FIELDS CHRISTOPHER M. MESSINEO JAMES R. TAYLOR ROBERT E. FLANNERY BRIAN S. MIDDLETON PAUL C. TEACHEY CHRISTOPHER M. FLOOM KATHRYN I. MILLER HARRY F. THOMAS, JR. STEVEN J. FREESE WILLIAM B. MILLETT III ROBERT B. THOMAS ANTHONY D. FROST ANTHONY R. MITCHELL II KELLY FRUSHOUR JASON A. MITZEL GARY D. THOMPSON STUART J. FUGLER JOHN A. MODER SUZAN F. THOMPSON MICHAEL G. GAFFNEY, JR. SUNNY M. MONTAS DOUGLAS M. THUMM GERARDO D. GAJE, JR. GREGORY D. MORRISON JAYSON M. TIGER JOHNNY G. GARZA GEORGE S. MURPHY JONATHAN H. VAUGHN TODD C. GATES MICHAEL P. MURPHY GILES D. WALGER JAMES R. GIBSON PATRICK NELSON CURTIS L. WALKER, JR. ERNEST GOVEA MICHAEL C. NESBITT DAVID W. WALKER LAWRENCE B. GREEN II JAMES M. NIXON BRADLEY W. WARD ROBERT B. GREEN JOHN K. NORRIS, JR. ROBERT J. WEINGART BRIAN D. GREENE RONALD E. NORRIS, JR. OLGIERD J. WEISS III LEO S. GREGORY JOSEPH C. NOVARIO LAWRENCE H. WENTZELL JENNIFER L. GRIEVES OWEN J. NUCCI MICHAEL S. WILBUR SHAWN P. GRZYBOWSKI KEITH G. NUNN WALTER A. WILKIE CHRISTOPHER M. HAAR TIMOTHY N. NUTTER MARLIN D. WILLIAMS DONALD W. HARLOW MICHAEL E. OGDEN SHAWN E. WILLIAMS FRANCIS G. HARRIS JONATHAN M. OGORMAN PRESCOTT N. WILSON RYAN J. HART WILLIAM C. PACATTE SEAN M. WILSON BRIAN M. HARVEY GREGORY B. PACE JEREMY S. WINTERS DOUGLAS C. HATCH DAVID L. PADILLA CRAIG A. WOLFENBARGER JAMES F. HICKEY, JR. ADAM M. PASTOR BARIAN A. WOODWARD CHARLES W. HILL EARL H. PATTERSON V MELISSA L. WRIGHT EDMUND B. HIPP DAVID N. PAYNE FLOY A. YATES, JR. JAMES T. HOFFMANN CHRISTOPHER W. PEHRSON LEE A. YORK JONATHAN C. HOLDER KENNETH W. PHELPS III ROYCE D. ZANT III TODD C. HOLLAND KYLE G. PHILLIPS JAMES L. ZEPKO

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