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, TUESDAY, FEBRUARY 25, 2014 No. 31 Senate The Senate met at 10 a.m. and was RECOGNITION OF THE MAJORITY going to move along. It is not fair to called to order by the President pro LEADER Members to keep them waiting around tempore (Mr. LEAHY). while someone else is finishing a phone The PRESIDENT pro tempore. The call. PRAYER majority leader is recognized. Following the disposition of the nom- The PRESIDENT pro tempore. To- f ination of Beth Freeman to be a U.S. day’s opening prayer will be offered by district judge for the Northern District COMPREHENSIVE VETERANS our guest Chaplain, Father Patrick J. of California, the Senate will recess HEALTH AND BENEFITS AND Conroy, who is the Chaplain of the U.S. until 2:15 p.m. to allow for the weekly MILITARY RETIREMENT PAY House of Representatives. caucus meetings. RESTORATION ACT OF 2014—MO- The guest Chaplain offered the fol- ORDER OF PROCEDURE TION TO PROCEED lowing prayer: I ask unanimous consent that when Let us pray. Mr. REID. Mr. President, I move to the Senate reconvenes at 2:15 p.m., Loving God, we give You thanks for proceed to Calendar No. 301. there be an hour of debate equally di- giving us another day. On this day, The PRESIDENT pro tempore. The vided and controlled between the two help us to discover the power of resting clerk will report the motion. leaders or their designees prior to a in You and receiving assurance and en- The legislative clerk read as follows: cloture vote on the motion to proceed couragement in Your amazing grace. Motion to proceed to Calendar No. 301 (S. to S. 1982, the veterans’ benefits bill. Send Your Spirit down upon the 1982) a bill to improve the provision of med- The PRESIDING OFFICER. Without Members of this Senate, who have been ical services and benefits to veterans, and for objection, it is so ordered. entrusted by their fellow Americans other purposes. Mr. REID. I suggest the absence of a with the awesome privilege and respon- SCHEDULE quorum. sibility of sustaining the great experi- Mr. REID. Mr. President, following The PRESIDING OFFICER. The ment of democratic self-government. my remarks and those of the Repub- clerk will call the roll. May they be reminded always of who lican leader, the Senate will be in a pe- The legislative clerk proceeded to they are. May they be open to Your in- riod of morning business until 11:05 call the roll. spiration, that they might overcome a.m., with Senators permitted to speak Mr. REID. Mr. President, I ask unan- the temptation to work through the for up to 10 minutes each, with the ma- imous consent that the order for the issues of this day on their own strength jority controlling the first half and the quorum call be rescinded. and cleverness. Grant them wisdom, in- Republicans controlling the final half. The PRESIDING OFFICER. Without sight, and vision, that the work they At 11:05 a.m. the Senate will resume objection, it is so ordered. do will be for the betterment of our Na- executive session to consider the nomi- VETERANS HEALTH CARE AND JOB TRAINING tion during a time of struggle for so nation of James Moody to be a U.S. Mr. REID. Mr. President, today the many millions of Americans. May they district judge for the Eastern District Senate will vote to advance bipartisan earn the trust and respect of those they of Arkansas. legislation that expands and improves represent, whether or not they had At 11:15 a.m. there will be five roll- the health care and job training avail- earned their vote, and make history call votes in order to confirm a number able to our Nation’s veterans. that expands the great legacy of so of district court nominations. I thank the Senator from Vermont, many who have served in this Chamber BERNARD SANDERS, for his leadership ORDER OF PROCEDURE on this issue and for his dedication to before now—a legacy of noble service, I ask unanimous consent that there sometimes political risk, but always America’s service men and women. be 2 minutes of debate equally divided The 19th century British statesman great leadership. between the two leaders or their des- May all that is done this day be for George Canning said: ‘‘When our perils ignees between the votes in this series. Your greater honor and glory. Amen. are past, shall our gratitude sleep?’’ The PRESIDING OFFICER (Mr. ‘‘When our perils are past, shall our f BLUMENTHAL). Without objection, it is gratitude sleep?’’ PLEDGE OF ALLEGIANCE so ordered. Although it is clear the world is still The President pro tempore led the Mr. REID. Mr. President, I would a very perilous place, the United States Pledge of Allegiance, as follows: also note, these are 10-minute votes is finally winding down more than a I pledge allegiance to the Flag of the after the first one, and we are going to decade of war in Afghanistan, and we United States of America, and to the Repub- cut them off when the time is up. So if are out of Iraq. lic for which it stands, one nation under God, people are late, they are at their peril. Mr. President, our gratitude shall indivisible, with liberty and justice for all. We have a lot to do today, and we are not sleep. It is time to demonstrate the

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

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VerDate Mar 15 2010 01:52 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.000 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1012 CONGRESSIONAL RECORD — SENATE February 25, 2014 depth and breadth of our appreciation strained our military and our financial appalling’’ that money that was put to the men and women who have kept resources for more than a decade. The away for senior citizens is now being this country safe in spite of the risk to Pentagon projects that war spending used for things like ObamaCare. ‘‘It their lives and the sacrifices required will go down as we continue to reduce seems like most politicians are only of their families. the number of American troops in Af- working for themselves instead of the I think of a young man from Haw- ghanistan. people,’’ they wrote. thorne, NV, who enlisted right out of This legislation will lock in those Well, look, they have every right to high school, who was 18 years old. He savings, establishing caps on overseas be frustrated. I mean, why on Earth was in Afghanistan for a matter of war spending for the very first time. It would we want to ruin one program days, and one of those explosive devices is only fair that we use a small portion that is helping people in order to fund blew off his legs at the hips. I think of of those savings to invest in our re- another that is causing them so much him and his parents. What a struggle. turning veterans, who have given so pain? The question answers itself. That is what this legislation is all much over the past 13 years to ensure That is why I, along with Senators about. our safety. CORNYN, THUNE, BARRASSO, MORAN, and This bill would not only improve vet- Even with the perils of the wars in BLUNT sent a letter to the administra- erans’ access to health care, it would Iraq and Afghanistan past for so many tion today—to express our deep con- extend job training programs for serv- of our servicemembers, our gratitude cerns with these proposed cuts to Medi- icemembers reentering the civilian shall not sleep. We owe it to our vet- care Advantage and other proposals workforce. It would bolster benefits for erans to make the transition to peace a that would increase premiums, reduce choices, and cause America’s seniors to surviving spouses and children. And it very productive time. lose access to the health plans they would make the Veterans’ Administra- RECOGNITION OF THE MINORITY LEADER were promised they could keep. Our tion more transparent and more effi- The PRESIDING OFFICER. The Re- letter asks the administration to act cient. publican leader is recognized. within the bounds of the law to limit Senator SANDERS’ legislation would MEDICARE ADVANTAGE the negative impact these misguided allow the Veterans’ Administration to Mr. MCCONNELL. Mr. President, late policies would have on seniors. open 27 new clinics and medical facili- last week the Obama administration It is notable that even some of our ties in 18 States and Puerto Rico. proposed yet another round of drastic friends on the other side of the aisle These clinics will improve the quality cuts to a popular Medicare program seem to understand the pain all of this of care and reduce travel time for our used by millions—millions—of Amer- is causing. That is why 19—19—Senate retired heroes, particularly for vet- ican seniors. Not surprisingly, they did Democrats recently signed a bipartisan erans who live in rural areas—as the it quietly, in the hopes that these lat- letter with 21 Republicans that called young man I just talked about is from est cuts to Medicare Advantage would on the administration to mitigate the a very rural part of Nevada in Haw- somehow get lost in what folks around impact of these cuts to Medicare Ad- thorne. here call the ‘‘Friday news dump.’’ But vantage. We appreciate Democratic This legislation would help the VA the American people are not easily support on any issue. It is good when work to end the backlog of claims for fooled. they acknowledge the senselessness of benefits. Legislation contained in this The far left has always hated Medi- cutting one successful program to fund package will also improve care and care Advantage. It is a program that a failed one, of cuts that will make it benefits for veterans who experienced offends them ideologically because it even harder for America’s seniors to sexual trauma while serving their offers more market-based choices to keep the benefits, plans, and doctors of country. seniors than traditional Medicare. But their choice. But, frankly, it is hard to This measure also expands edu- the left’s prodding is not the only rea- believe they are really being serious on cational opportunities for recently sep- son the Obama administration has al- this one. That is because nearly every arated veterans by securing in-State ready cut this successful program so one of these Senators voted for tuition rates for post-9/11 veterans at deeply, and why now it plans to cut it ObamaCare, the very law that imposed all public colleges and universities. even deeper. the same cuts they are now railing And this measure renews the VOW to The hundreds of billions of dollars’ against. Nearly every single one of Hire Heroes Act, which has helped spur worth of cuts that Washington Demo- them voted later to keep these cuts in hiring of out-of-work servicemembers crats want to impose on Medicare Ad- place. and has given more than 70,000 veterans vantage—cuts that will cause millions Senator HATCH proposed an amend- access to job training. of seniors to lose access to doctors and ment that would have reversed Unfortunately, though, unemploy- face higher premiums—are basically all ObamaCare’s cuts to Medicare Advan- ment is still far too high among vet- to fund ObamaCare. tage. It only failed because nearly erans transitioning back to the civilian Some folks might describe this as every Democratic Senator voted workforce. Last year more than 700,000 ‘‘robbing Peter to pay Paul.’’ But I against it. So Washington Democrats men and women who served in the U.S. have a better analogy: It is like ripping had their chance for a mulligan. They military were unemployed. This is sim- parts off a Cadillac to patch up a Pinto. took a pass. They actually cannot have ply unacceptable. No one who has America’s seniors actually understand it both ways. Signing on to some letter fought for their country overseas this. will not absolve them of responsibility should have to fight for a job here at Our constituents like—they like—the now. It will not erase the fact that home. choices Medicare Advantage offers. even when they were given a second Instead, we should be helping vet- And they do not like ObamaCare. That chance to help American’s seniors, erans—especially those who have en- is why seniors from all across Ken- many voted a second time to take a dured more than a decade of war—to tucky have written to protest this mis- whack at Medicare. continue to serve their country as pro- guided policy. Let’s not forget that these folks and ductive citizens. That is why this legis- Jack and Alda Rice from Fairdale their allies are basically the same lation extends for 2 years a program wrote that Medicare Advantage has ones—the very same ones—who prom- that helps former servicemembers get been there for them when they needed ised up and down that Americans could the skills they need to compete in a ci- it, and that it is ‘‘tough for seniors to keep their health care plans that they vilian workforce. have to find new doctors, especially for had and they liked, under ObamaCare— This legislation has the support of those who live in rural areas. It means a promise that was voted the ‘‘Lie of virtually every veterans organization traveling greater distances and spend- the Year’’ in 2013. So Americans are in this country—25 of them—including ing more on gas.’’ not about to be taken in on the latest the American Legion and the Veterans ‘‘It is a sad thing,’’ they wrote, ObamaCare spin. of Foreign Wars. ‘‘when good doctors leave a plan be- Let’s be honest. The only realistic so- The bill is fully paid for with the sav- cause of funding cuts.’’ lution is to undo the damage alto- ings from winding down the two wars Ronald and Linda Baynum from gether by starting over with real re- in Iraq and Afghanistan that so Edgewood wrote that they ‘‘[found] it form. That means replacing

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.002 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1013 ObamaCare and its more than $700 bil- judge and lawyer for a long time in Ar- been working under 75 percent horse- lion in Medicare cuts—cuts imposed kansas. power now for months. We could have solely to fund ObamaCare—and replac- One of the things this nomination il- fixed that back in December, but be- ing that with bipartisan reforms that lustrates to me and I think also brings cause of the wrangling here in the Sen- can actually help struggling middle- home to people around the country is ate and in Washington, that was not class Americans. that this body should not play games done. I urge the Democrats to follow the with the third branch of government. Today is the day we can rectify that. lead of one prominent Senate Demo- We have our own issues. This body can Today is the day we can confirm Judge crat who said just the other day he be dysfunctional and highly partisan. Moody to be on the Federal bench. would vote tomorrow—vote tomor- Let’s not export that to the judiciary. I think we can all be very proud of row—to repeal ObamaCare. If he is seri- We have a fine man who has offered his this nomination. Again, he is exactly ous about what he said, that means he services to be a Federal judge. what we would all want in a Federal is finally listening to the American If you look at what I like to look at, judge. That is confirmed by talking to people instead of the party bosses in Is he well qualified? Yes, absolutely. lawyers in Arkansas. It does not mat- Washington. If more of his colleagues Everyone agrees on that. Can he be fair ter if you are a criminal or civil law- on the other side of the aisle would and impartial? That is what you want yer; it does not matter if you are a only do the same, we could finally in a judge. The answer is yes, he can be plaintiff’s lawyer or a defense lawyer; move forward with real patient-cen- very fair and impartial. He has dem- everybody agrees he will be a great tered health reform; we could finally onstrated that as a member of the Ar- Federal judge. do away with the practice of raiding kansas bench for a long time now. One of his old law partners, the man- Medicare to fund ObamaCare; we could Also, especially in a district court aging partner of Wright, Lindsey & finally be done with the hurt this law position, does he have the right judi- Jennings, Ed Lowther, told me one is imposing on men and women all cial temperament? I think every person time—I said: How is Jay Moody on the across our country—college graduates, who has ever dealt with Judge Jay bench? Of course, we all knew him as a moms, dads, small business women, Moody will say that he not only has lawyer. How is he on the bench? He constituents who struggle every day the right temperament, but he meets paid one of the best compliments a law- just to get by, and, of course, millions, and exceeds all of these criteria across yer can pay to a judge. He said, ‘‘He literally millions of seniors. Repub- the board. He is exactly the kind of gets his work done.’’ Can we really ask licans are on their side. We agree with judge we should all want. for any more than that? He gets his them that ObamaCare is a law that In fact, there is no reason why Judge work done. He takes care of it. just does not work, and we agree with Moody was not confirmed back in De- In fact, it is almost uncanny when them that now is not the time to im- cember. He should have been. But for you look at the very difficult, high-pro- pose higher costs and reduce choices the wrangling here in the Senate, but file, complicated cases that come to for senior citizens, as the partisan for the problems we have had in the the trial court level in Pulaski County ObamaCare law proposes. Senate in the last several months, he Circuit Court. Again, that is our trial I know the authors of this law may would be a Federal judge today, and he court there in Little Rock. Almost al- have had good intentions, but now is should be a Federal judge today. In ways, he is the one who ends up with the time for them to admit past mis- fact, 2 weeks ago I came to the floor the case. Not only do the lawyers love takes and to work with Republicans in and asked for consent that we go ahead him and appreciate him, but also his a bipartisan fashion to remedy these and just confirm him by unanimous colleagues obviously have a lot of re- errors before even more people get hurt consent, but that was not granted. spect, and they often hand off the more by ObamaCare. Since 2003 Jay Moody has served as a difficult cases to Judge Moody. I yield the floor. circuit judge—that is a trial court In fact, I heard a conversation here judge in Arkansas—for the Sixth Judi- on the floor just 2 or 3 weeks ago. My f cial District, which is the Little Rock colleague, Senator BOOZMAN of Arkan- RESERVATION OF LEADER TIME area. He previously worked at the sas, is supportive of this nominee and Wright, Lindsey & Jennings law firm, The PRESIDING OFFICER. Under has been helping push this nominee which is one of the most prestigious the previous order, the leadership time through the process. He went to the Ju- firms in the State. It is a very well- is reserved. diciary Committee—by the way, this known law firm. It is highly profes- nomination has come through the Ju- f sional, has a great reputation. He be- diciary Committee not once but twice. MORNING BUSINESS came a partner there in 1994, just a few Senator BOOZMAN helped push him years after he joined the firm. He also through the Judiciary Committee, The ACTING PRESIDENT pro tem- spent time as an adjunct professor at helped get him to the floor, and has pore. Under the previous order, the the University of Arkansas Bowen talked to his Republican colleagues. I Senate will be in a period of morning School of Law, where he earned his overheard a conversation the other day business until 11:05 a.m., with Senators J.D. He is also a member of a number where Senator BOOZMAN was talking to permitted to speak therein for up to 10 of different lawyer groups and associa- Leader MCCONNELL. JOHN BOOZMAN minutes each, with the time equally di- tions—at least he was before he entered turned to Senator MCCONNELL and said, vided and controlled between the two the bench. ‘‘Mitch, this guy is great.’’ He said, leaders or their designees, with the ma- I could spend 20 minutes talking ‘‘You could not have picked someone jority controlling the first half. about his qualifications, talking about better had you picked him yourself.’’ The PRESIDING OFFICER. The Sen- what a fine nominee and fine selection That is really Jay Moody in a nutshell. ator from Arkansas. Jay Moody is to be a district court With that, I would like to ask my f judge in the Eastern District of Arkan- colleagues to vote for this nomination sas, but, honestly, this turns out to be today. I believe we will vote in about 30 MOODY NOMINATION a no-brainer, so I am not going to be- to 45 minutes. I am not sure exactly Mr. PRYOR. Mr. President, I wish to labor his qualifications and why we what time we start. But I ask my col- speak about a friend of mine and a should do this other than to say that I leagues to support this nomination. Presidential nominee to be on the Fed- know I am tired—and I think people all I yield the floor and suggest the ab- eral bench in Arkansas. I will take 3 to over the country are also tired—of the sence of a quorum. 5 minutes. I know there are others who gridlock here in Washington. They The PRESIDING OFFICER (Mr. MUR- want to speak. look at a State such as Arkansas where PHY.). The clerk will call the roll. Today I rise to support the nomina- we have eight Federal district court The legislative clerk proceeded to tion of Judge James Moody—whom in judges and we have two vacancies. call the roll. Arkansas we call Jay Moody—to be a These vacancies should have been filled Mr. JOHANNS. I ask unanimous con- Federal judge in the Eastern District of back in December. There is no reason sent that the order for the quorum call Arkansas. Jay has been a phenomenal why they should not. But they have be rescinded.

VerDate Mar 15 2010 01:52 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.003 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1014 CONGRESSIONAL RECORD — SENATE February 25, 2014 The PRESIDING OFFICER. Without seems the authors and supporters of During the debate, Republicans also objection, it is so ordered. this law are trying to bury their past. supported an amendment to ensure f They are trying to create hollow prom- Medicare savings were invested back ises. They are trying to get around into Medicare, not used to back HEALTH CARE misleading statements and hide behind ObamaCare. Remarkably, nearly every- Mr. JOHANNS. Mr. President, last a new position, at least until the No- one on the Democratic side of the aisle Friday we heard that the health care vember elections are over. rejected that idea. Republicans are law is scheduled to deliver yet another It is remarkable that they are per- still committed to that principle, and blow to Americans. The administration fectly willing to evade the key pillars we stand ready to work on ensuring the released a proposal that would signifi- of this law. The law’s employer man- Medicare Program is accessible, that it cantly cut Medicare Advantage. date has been ignored and delayed. is flexible, and that it is cost-efficient Medicare Advantage is a very well- Mandated plan benefits aren’t required for seniors today and for our grand- received program. It offers private plan for another year, and deadlines are children in the decades to come. options for seniors on Medicare. Nearly conveniently rescheduled—to when? Taking money out of Medicare to fi- 30 percent of Medicare beneficiaries Until after the election. nance ObamaCare was wrong and it voluntarily choose to enroll in Medi- This time around 19 Democratic Sen- needs to stop. That is a promise worth care Advantage because it offers extra ators have joined a number of Repub- delivering on. benefits, it offers lower costs, more licans in writing the Medicare adminis- I yield the floor, and I suggest the ab- flexibility, and better care coordina- trator saying the administration’s sence of a quorum. tion than the traditional Medicare pro- Medicare Advantage cuts ‘‘create dis- The PRESIDING OFFICER. The gram. ruption and confusion’’ and ‘‘inhibit clerk will call the roll. This program, Medicare Advantage, plans from driving the innovation that The legislative clerk proceeded to has been very well received in the has resulted in better care and im- call the roll. State of Nebraska. About 35,000 Nebras- proved outcomes for Medicare bene- Mr. THUNE. Mr. President, I ask kans are enrolled in Medicare Advan- ficiaries.’’ unanimous consent that the order for tage. What is so contradictory is that the quorum call be rescinded. An analysis notes that further cuts these same individuals voted against The PRESIDING OFFICER (Mr. to Medicare Advantage would ‘‘dis- amendments offered by Senator HATCH, SCHATZ). Without objection, it is so or- proportionately affect beneficiaries twice, during the health care law de- dered. with low incomes, including the 41 per- bate that would have struck Mr. THUNE. Mr. President, I come to cent of enrollees with incomes below ObamaCare’s Medicare Advantage cuts. the floor today to discuss the pain $20,000.’’ They twice voted against that. ObamaCare continues to inflict on This announcement is absolutely no Understanding the consequences of Americans. It seems like every week surprise; the health care law has si- these Medicare Advantage cuts before brings more ObamaCare bad news for phoned over $700 billion from Medi- the law was passed would seem like the somebody—families, businesses, mid- care—not to strengthen the program responsible course of action. But re- dle-income Americans, lower income but to pay for ObamaCare; $308 billion jecting these amendments, voting for a Americans. This past week the bad of those cuts come from Medicare Ad- bill that cuts over $300 billion for Medi- news was for seniors. vantage, again disproportionately af- care Advantage, then backpedaling On Friday the Obama administration fecting beneficiaries with low incomes, when the politics get tough, and when announced its planned 2015 cuts to including 41 percent who are trying to the cuts become real to everyday folks, Medicare Advantage—cuts that were live on incomes below $20,000. apparently, they were for the cuts be- dictated by ObamaCare and will result The reality is these cuts will likely fore they were against the cuts. in higher prices and fewer choices for mean fewer benefits and higher out-of- It is even more frustrating when you millions of American seniors. More pocket costs for seniors who can’t af- consider that recent efforts to dodge than 15 million seniors—close to 30 per- ford that. Plans could drop out of the these cuts are only part of the story. cent of all Medicare recipients—are en- market all together or seniors could For the past few years, the Obama ad- rolled in Medicare Advantage plans. find out that their trusted doctor will ministration has been pumping money The Wall Street Journal reports that no longer be covered by their plan. We back into Medicare Advantage under approximately one out of every two have already started to see the con- the guise of a so-called demonstration new Medicare enrollees chooses Medi- sequences. program that the Government Ac- care Advantage. Since the passage of ObamaCare, the countability Office says they probably Medicare Advantage offers seniors a number of Medicare Advantage plans don’t even have the authority to run. chance to pick a plan that is right for available to seniors has not been GAO asserted that HHS should termi- them instead of a one-size-fits-all ap- strengthened. In fact, they have been nate the demonstration program, but proach. Advantage plans also fre- reduced from 48 in 2009 to now 20. the administration flat-out ignored quently offer important health supple- In rural areas, seniors have fewer that. ments, such as dental, vision, hearing, choices. The plans available have The real purpose of the $8 billion pro- and wellness benefits, as well as small- dropped from 36 to 13, according to a gram was to effectively mask the er copays or deductibles. Studies also Kaiser analysis. health care law’s significant cuts to show that Medicare Advantage Pro- Another study estimates about Medicare Advantage until when? After gram enrollees receive better care and 526,000 of current 2013 Medicare Advan- the November election. It is just an- experience better health outcomes tage enrollees will have to make some other example of the administration’s than seniors enrolled in traditional fee- changes because their plan is not avail- hiding their poor decisions and then re- for-service Medicare. able in 2014. writing the law as they see fit. But as Despite the benefits these plans offer How do these consequences match up this new Medicare notice clearly to seniors, Democrats and the Presi- with the President’s promises? Well, shows, this phony demonstration dent supported Medicare Advantage they don’t. The President spoke about project is about to run out and our sen- cuts in the President’s health care law. Medicare, and he said: ‘‘Don’t worry; I ior citizens are truly caught. In 2010, the President and Democrats am not going to touch it’’—or his Our taxpayers deserve a government paid—or I should say tried to pay—for promise: If you like your plan, you can that is held accountable for its actions. ObamaCare by, among other things, keep it, which an independent fact Americans are tired of temporary fixes cutting more than $700 billion from checker has called the lie of the year. and lip service. They are rightfully de- Medicare—already, I might add, on its The Medicare Advantage issues un- manding the truth. It is time for my way to bankruptcy—to pay for yet a raveling today are symbolic of the friends across the aisle to own up to new entitlement for nonseniors. More broader problems with the law. The the devastating consequences of this than $300 billion of those cuts were tar- math doesn’t add up, and the promises law and acknowledge it is time to re- geted specifically at the Medicare Ad- aren’t kept. Nearly every week it peal it. vantage Program.

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.005 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1015 Those cuts are kicking in this year, to repeal the law’s cuts to Medicare urging him to take up and pass trade hitting Medicare Advantage bene- Advantage. promotion authority, which will create ficiaries with cost increases and ben- Now it seems many Democrats have thousands of jobs for American work- efit cuts of up to $70 per month—no changed their minds. Earlier this ers. He would sign off on the Keystone small amount for a senior on a fixed in- month, 19 Democratic Senators, most Pipeline and the 42,000-plus jobs it come. Friday’s announcement of fur- of whom voted for ObamaCare in 2010, would support. He would join bipar- ther steep cuts for 2015 could mean up joined a number of Republicans in tisan majorities in both Houses of Con- to an additional $75 per month in in- sending a letter to Marilyn Tavenner, gress to support a repeal of the job-de- creased cost next year. Administrator of the Centers for Medi- stroying medical device tax in his But that is not all. Cost hikes are care & Medicaid Services, urging her health care law, a tax that has already bad enough, but this year’s cuts and not to cut Medicare Advantage. Let’s cost more than 33,000 jobs. the 2015 cuts announced Friday will re- hope it is not too little too late. American families and workers are sult in a host of other problems for sen- Democrats’ support for the Medicare hurting. They have been hit hard by iors who participate in Medicare Ad- Advantage letter to the CMS Adminis- ObamaCare and the Obama economy. It vantage. First and foremost, some sen- trator reflects their increasing unease is time for the President to give them iors will lose their plans entirely as a with their support for ObamaCare. some help. result of ObamaCare’s cuts, breaking Once they planned to tout ObamaCare I would argue there are bipartisan the President’s promise that if you like to voters as a legislative triumph, but issues out there. The trade promotion your plan you can keep it. Democrats up for reelection now can’t authority, repealing the medical device The Kaiser Family Foundation esti- run away from the law fast enough. tax, and the Keystone Pipeline have mates that more than one-half million In fact, the President has repeatedly broad bipartisan majorities here in the seniors will lose their current plans in delayed parts of the health care law to Senate. We had a vote a year ago on 2014. If the 2015 cuts go into effect, even give Democrats political cover. Each the budget on repealing the medical de- more seniors will lose their plans next delay is a tacit admission that, yes, vice tax, and 79 Senators, including 30 year. Seniors will also have fewer plan this law will hurt jobs and the econ- Democrats, voted for that. The last choices as a result of ObamaCare’s omy because, after all, if this law is time we had a vote here on the Key- raiding Medicare Advantage to pay for not going to hurt jobs and the econ- stone Pipeline, 62 voted in support of a new health care entitlement pro- omy, why do we have to continually it, again representing broad bipartisan gram. If next year’s cuts go into effect, delay it? The latest number is some- support for that initiative. We know we can expect to see even more reduc- where in the twenties. I have heard 24, the trade promotion authority is some- tions. 27, and 28 different delays of the harm- thing that enjoys support from both These higher costs and reductions in ful effects and impacts of ObamaCare. Republicans and Democrats. All of available Medicare Advantage plans If the health care law is the panacea these initiatives enjoy broad bipartisan will disproportionately impact low-in- the American people were promised, support and are known job creators. come seniors in rural areas, areas such Democrats and the President would be Those are the types of things we ought as those I represent in South Dakota. working to implement the law faster, to be focused on, not things that, ac- Forty-one percent of those seniors in not slow it down. cording to the Congressional Budget Medicare Advantage plans have annual The only possible reason to delay the Office, are going to cost more jobs. incomes of less than $20,000 and are law is because its implementation is Implementation of ObamaCare, ac- least able to bear the higher costs going to hurt. It is a little awkward cording to the CBO report a couple forced on them by ObamaCare. Yet it is when your signature legislation has to weeks ago, will reduce the number of precisely those seniors who are bearing be repeatedly delayed to give the folks workers in this country by 2.5 million the greatest burden when it comes to who voted for it a better chance of over the next decade. It also said it paying for ObamaCare. keeping their jobs. would reduce overall wages by about 1 On top of that, reports indicate that Unfortunately, the President doesn’t percent. So that is fewer jobs and lower plans are responding to the cuts by re- seem to have learned his lesson. Not take-home pay. ducing their footprint in rural mar- content with the damage his health Last week we had the report come kets, giving these seniors fewer options care law is doing to an already strug- out from the Congressional Budget Of- when it comes to choosing a health gling economy—a recent CBO report fice that raising the minimum wage care plan. warned that the health care law may could cost up to 1 million jobs at the Finally, similar to so many other result in up to 2.5 million fewer full- same time it is raising prices. So the Americans suffering under ObamaCare, time workers—he continues to push very people we are trying to help are seniors on a Medicare Advantage plan policies that will further weaken an al- going to have fewer jobs and higher may no longer be able to keep the doc- ready sluggish economy, such as a min- costs. How does that solve the prob- tors they have and like thanks to these imum wage bill that CBO reports would lems our economy faces? How does that cuts. Between Medicare cuts and the result in up to 1 million fewer jobs. get people in this country back to new ObamaCare tax insurance compa- At a time when our labor force par- work? How does that grow and expand nies are facing this year, companies are ticipation rate is at Jimmy Carter-era our economy in a way that creates scrambling for ways to be able to af- lows, a law that would further reduce greater opportunity for middle-class ford to continue their plans. Fre- the number of full-time workers is one families? quently their only option is to narrow of the worst possible things we could There are things we can do on which their networks of doctors and hospitals do for our economy. People working there is broad bipartisan support that or raise their copayments and produces economic growth. The fewer are known job creators, that are known deductibles, thus reducing seniors’ people working, the less likely we are to expand and grow our economy. I choices and increasing their health to produce the kind of growth we need would add to that list as well reform- care costs. to pull our economy out of the slump it ing our Tax Code. We have lost so Republicans have long touted the has been in throughout the President’s much in terms of economic growth in quality care and patient choice offered administration. What we need right the past few years since the recession by Medicare Advantage plans. When now are policies that will create jobs and coming out of that recession be- the health care bill was being consid- and encourage businesses to expand cause we have had subpar growth. We ered in 2010, we warned at the time and invest in our economy and in our haven’t seen the type of growth rates that Medicare cuts being proposed in workers. we normally see and experience coming the bill would hurt seniors, damage If the President were really serious out of a recession during a recovery. As Medicare Advantage, and weaken a about reversing the economic stagna- a consequence, we have much larger program already hastening toward tion of the past 5 years, he wouldn’t be deficits because when the economy is bankruptcy. Despite this, Democrats pushing his health care bill or a min- growing at a sluggish, anemic, slow not only supported the health care bill, imum wage hike. Instead, he would be rate, it means there are fewer people they also voted twice against measures calling the Senate majority leader and working, fewer people investing, fewer

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.007 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1016 CONGRESSIONAL RECORD — SENATE February 25, 2014 people making money, and therefore merit commission to find highly quali- of the Addison County Youth Services fewer people paying taxes. We need the fied candidates to serve on the Bureau; and as a public defender in opposite. We need a growing, expand- Vermont District Court so I can then Addison County, VT. ing, vibrant, dynamic economy fueled recommend them to the President. During his years of service on the by policies in Washington, DC, that I know I speak on behalf of all Federal bench, Judge Sessions has make it less expensive and less dif- Vermonters, no matter what their worked tirelessly to ensure that all ficult to create jobs rather than more background, when I thank Judge Ses- those who come before him are treated expensive and more difficult, which is sions for his years of distinguished pub- fairly and with dignity. He is a judge what we see coming out of the Obama lic service and applaud him for agree- who has taken seriously his commit- administration and the Democratic ing to continue his judicial service ment to both justice and the American majority here in the Senate. even after he takes senior status this people. He served for many years as a We can do better. We must do better summer. Because of his continued dedi- member of the Judicial Conference, for the American people, for middle- cation, Vermont will have one of the composed of the leaders of the Federal class families who have been hit hard most highly respected and extraor- judiciary. by the effects and the impacts of this dinarily capable jurists on the Federal Judge Sessions also served for a dec- economy with fewer jobs, lower take- bench. I am proud to call Judge Ses- ade on the U.S. Sentencing Commis- home pay, higher premiums, higher sions my friend, and I am honored to sion, eventually serving as its Chair- deductibles, and fewer choices of doc- have cast my vote to confirm his nomi- man. Three Presidents, both Demo- tors and hospitals under ObamaCare. nation 18 years ago. cratic and Republican, nominated him These policies are hurting the Amer- I ask unanimous consent to have to this Commission, and the Senate ican people. We need to put policies in printed in the RECORD at the comple- confirmed him unanimously each time. place that will help the American peo- tion of my remarks a Rutland Herald As a commissioner, Judge Sessions ple by growing our economy and cre- article written by Brent Curtis that re- made deeply significant contributions ating more jobs for middle-class Amer- counts his many accomplishments. to American sentencing policy. He icans. There are only two authorized dis- played an important role in the reduc- I yield the floor. trict judgeships in Vermont. We are tion of the sentencing disparity for the second smallest State in the Union. f crack and powder cocaine offenses. He So, when President Clinton asked for has done vital work to improve the CONCLUSION OF MORNING my recommendation to fill a vacancy Federal Sentencing Guidelines. This BUSINESS in my native State, I did not take this was especially important following a task lightly. I knew the people of The PRESIDING OFFICER. Morning number of Supreme Court cases that Vermont deserved a judge with integ- business is closed. gave judges more discretion in the sen- rity, intelligence, and fairness, some- tences they impose. Even after his time f body whom anybody could go before— on the Sentencing Commission, Judge EXECUTIVE SESSION plaintiff or defendant, rich or poor, no Sessions continued to work for better matter their political background—and sentencing policy, publishing an article know they would have a fair hearing. in a journal of the University of Vir- NOMINATION OF JAMES MAXWELL During my time in private practice ginia School of Law that explained how MOODY, JR., TO BE UNITED as a litigant and then as State’s attor- the three branches of government STATES DISTRICT JUDGE FOR ney in Vermont, I experienced first- could work together to improve sen- THE EASTERN DISTRICT OF AR- hand the tradition of legal excellence tencing in America. KANSAS we have in Vermont. I know many Judge Sessions has not forgotten Vermont lawyers who are among the what it is to be a Vermonter. He still The PRESIDING OFFICER. Under best this country has to offer, and Bill the previous order, the Senate will pro- finds time on weekends to be at farm- Sessions earned a reputation as one of ers markets around Vermont. He is a ceed to executive session to consider the finest trial lawyers in the State. He the following nomination, which the familiar face at the booth for Blue was widely respected by prosecutors Ledge Farm, a small Vermont dairy clerk will report. and defense lawyers, and by the plain- The assistant legislative clerk read started by his daughter, Hannah, and tiff and defense bars alike. He was son-in-law, Greg. I think of a picture of the nomination of James Maxwell praised by those who had been his co- Moody, Jr., of Arkansas, to be United him holding a grandchild in one hand counsel, by State and Federal judges and making change for one of the cus- States District Judge for the Eastern and prosecutors, and even by those who District of Arkansas. tomers with the other. had been his opposing counsel in court. He is one of our country’s most re- The PRESIDING OFFICER. Under It was a privilege to submit his name the previous order, the time until 11:15 spected jurists. He is a lawyer’s lawyer to the White House for nomination to and a judge’s judge. Marcelle and I a.m. will be equally divided and con- the U.S. District Court. At the time, I trolled in the usual form. think of him and Abi, his wife, as dear told President Clinton this would be personal friends. Mr. THUNE. Mr. President, I suggest one nomination he would never have to the absence of a quorum. Our justice system has benefited a question his judgment in making be- great deal from Judge Sessions’ years The PRESIDING OFFICER. The cause he would have somebody who clerk will call the roll. of service. I thank Judge Sessions for would always serve the country so all he has done as a Federal judge. I The assistant legislative clerk pro- well. The Senate confirmed him unani- ceeded to call the roll. thank him for continuing to serve as a mously on August 11, 1995. model jurist. Mr. LEAHY. Mr. President, I ask Judge Sessions received his B.A. from unanimous consent that the order for There being no objection, the mate- Middlebury College in 1969. Upon his rial was ordered to be printed in the the quorum call be rescinded. graduation with honors from the RECORD, as follows: The PRESIDING OFFICER. Without George Washington University Law objection, it is so ordered. School in 1972, Judge Sessions served [From the Rutland Herald, Feb. 16, 2014] JUDGE WILLIAM K. SESSIONS III his country in the U.S. Army from 1972 SESSIONS REFLECTS ON YEARS ON AND OFF Mr. LEAHY. Mr. President, for al- to 1977 and in active service from 1972 THE BENCH most two decades Judge William Ses- to 1973. He also served as a law clerk to (By Brent Curtis) sions has served as a Federal judge for another friend of mine, Judge Hilton U.S. District Judge William K. Sessions III the District of Vermont. Last month Dier of the Addison County District will shift to senior status. Judge Sessions announced he would Court. Before his service on the Fed- Long before he was making decisions in a courtroom, federal Judge William Sessions take senior status later this year. I eral bench, Judge Sessions contributed III was working to keep people out of them. have worked with Senator SANDERS, to his community as an adjunct pro- With only months remaining before he Representative WELCH, and the fessor at Vermont Law School; in pri- shifts to senior status in June, Sessions, who Vermont Bar Association to convene a vate practice; as the executive director turned 67 this month, can look back over two

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.008 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1017 decades of rulings that carried both constitu- tablished to address disparities in criminal sions said. ‘‘It was a question of whether it tional and criminal ramifications. sentencing. was a requirement that was justified con- But before he was tapped by President Bill Politics surrounds the group, with con- stitutionally.’’ Clinton to serve as a federal judge in gressmen split over whether they wanted to Car manufacturers argued that the Vermont in 1995, and before he began a ca- create it in 1999 and insistence among legis- changes would have a severe impact on the reer as a trial lawyer and civil rights practi- lators that the commissions members be industry and they argued that global warm- tioner in the 1970s, Sessions was a teacher made up equally of judges nominated by con- ing hadn’t been established. and an advocate to troubled youth and pris- servatives and liberals. Over the course of a six-week trial, Ses- on inmates. JUDGES UNITED sions heard from dozens of witnesses before After earning a bachelor’s degree from But the agendas of the politicians who cre- issuing a 350-page decision that upheld the Middlebury College in 1969, Sessions went to ated the commission didn’t enter into the state’s regulations. Washington, D.C., to attend the George work of the judges who Sessions said were ‘‘I’ve been told it’s in textbooks on envi- Washington University Law School. routinely united in their opinions on changes ronmental law,’’ he said. Before his legal studies began, he volun- designed to make sentencing guidelines and The shift to senior status will likely re- teered to be a reading and math teacher to outcomes more uniform from state to state. duce Sessions’ workload, as a new federal inmates in the Washington, D.C., prison sys- And in no arena were the judges more in judge will be appointed to the district. But tem. agreement, he said, than in their work on ad- while he said he’s looking forward to time ‘‘It was a profound experience for me,’’ dressing the disparities in sentencing for with his four grandchildren and hiking and Sessions said in an interview. ‘‘I was nervous those guilty of possessing crack cocaine. biking with his wife, the judge said he isn’t and scared but I learned how to relate with Prior to the commission’s work on crack thinking yet about slowing his work on the these guys and I learned and loved their sto- cocaine sentences, a 100–to–1 disparity ex- bench. ries, and decided at that point I wanted to isted between sentencing for crack and pow- ‘‘I’m not planning on slowing down at all,’’ work with kids and young people.’’ der cocaine. he said. ‘‘At this point, I’m a pretty young He added, ‘‘I had this unbelievably moving A defendant guilty of possessing 5 grams of guy. I’m going to be 67 this month, but I feel experience and then the question was ‘How crack cocaine faced a five-year minimum like 50.’’ do I get involved in helping young people so sentence while a person would have to pos- they don’t end up in places like prison?’ ’’ Mr. LEAHY. Mr. President, what is sess 500 grams of powder cocaine to receive the pending business? His initial work toward that goal was to the same punishment. open a youth center for delinquent and trou- ‘‘It stemmed from a fear in the 1980s that The PRESIDING OFFICER. The Sen- bled kids in Middlebury. But when a job as a crack cocaine was a devastating drug that ate is currently considering the Moody public defender opened up in the mid 1970s, was much more serious than powder co- nomination. Sessions said he seized the opportunity and caine,’’ Sessions said. ‘‘So the penalties were Mr. LEAHY. Is there a time agree- spent the next two decades blending his hu- extraordinarily high. Five grams of cocaine ment on the nomination? manitarian and legal passions. is an extraordinarily small amount.’’ The PRESIDING OFFICER. All time FOCUSED ON LAW After it became clear that there wasn’t has now expired. With that kind of background, the role of much difference between crack and powder Mr. LEAHY. I yield the floor. a judge—whose job it is to remain impartial in terms of ill effects, and after it became clear that those being sentenced for crack The PRESIDING OFFICER. The during often emotionally and politically question is, Will the Senate advise and charged proceedings—might seem too re- cocaine possession were disproportionately strictive. black people, Sessions said it became obvi- consent to the nomination of James But Sessions said that, like all judges, he ous to all the judges on the commission that Maxwell Moody, Jr., of Arkansas, to be has strived to suppress his biases and focus their first task needed to be a change to the United States District Judge for the on the law and the legal questions that have crack sentencing guidelines. Eastern District of Arkansas? come before him. ‘‘We went around the room and we were Mr. LEAHY. Mr. President, I ask for The one area where he said his humani- each asked what we wanted to change first the yeas and nays. and the judges unanimously spoke of chang- tarianism shows in the courtroom is in the The PRESIDING OFFICER. Is there a courtesy he strives to show to everyone who ing the crack versus powder cocaine dis- stands before him. parity,’’ he said. ‘‘The reason really stems sufficient second? There appears to be ‘‘I love treating people with respect,’’ he not only out of the criminal justice system a sufficient second. said. ‘‘In this courtroom, I take a great deal but on the impact on minority communities There is a sufficient second. of pride in seeing that a little bit of Vermont in the country.’’ The clerk will call the roll. takes place in the courtroom. . . . Each de- In 2004, the commission changed the sen- The assistant legislative clerk called fendant is treated respectfully. I think that’s tencing guidelines for crack cocaine posses- the roll. how people treat each other in Vermont.’’ sion and in 2010 Congress passed changes to the required amount someone must possess The PRESIDING OFFICER. Are there He has also tried to look beyond a person’s any other Senators in the Chamber de- crime to consider variables about their risk to receive a minimum five or 10–year jail to commit future offenses, their rehabilita- sentence. siring to vote? tive needs including mental health and sub- The changes were made retroactively and Mr. DURBIN. I announce that the stance abuse and the message that a poten- had the effect, on average, of reducing jail Senator from Florida (Mr. NELSON) is tial sentence might send to the broader pub- sentences for crack cocaine possession by necessarily absent. lic. three years. The result was announced—yeas 95, ‘‘I would say that I look closely at the na- ‘‘That meant that 20,000 people in prison nays 4, as follows: ture of the crime and whether they’re taking were resentenced for crack cocaine and many [Rollcall Vote No. 39 Ex.] responsibility for it,’’ he said. ‘‘In all the were released immediately,’’ Sessions said, studies I’ve read, if someone is accountable calculating that about 25 cases in Vermont YEAS—95 for their crime, they’re much less likely to were affected by the sentencing change. Alexander Cruz King re-offend.’’ NATIONAL IMPACT Ayotte Donnelly Kirk ‘‘On the other hand, I feel really strongly Beyond the criminal cases, Sessions has Baldwin Durbin Klobuchar that human characteristics, the need for re- Barrasso Enzi Landrieu decided a number of cases with weighty con- Begich Feinstein Leahy habilitation and the need to protect society stitutional import. Bennet Fischer Lee by addressing those issues that a particular Thanks to being in a small state with just Blumenthal Flake Levin defendant has are also important,’’ the judge two federal judges, Sessions said he has re- Blunt Franken Manchin added. ceived a disproportionate amount of cases Booker Gillibrand Markey Over the years, Sessions has heard count- with potential national ramifications over Boozman Graham McCain less criminal cases, including the first death the years. Boxer Grassley McCaskill penalty case in the state in more than half a One of the most far reaching cases he’s de- Brown Hagan McConnell Burr Harkin Menendez century. In that case, involving convicted cided was a 2007 case in which he ruled in Cantwell Hatch Merkley murderer Donald Fell, Sessions ruled in 2002 favor of Vermont, New York and a number of Cardin Heinrich Mikulski that the Federal Death Penalty Act of 1994 environmental groups in a case involving Carper Heitkamp Moran was unconstitutional. The 2nd U.S. Circuit several automobile manufacturers. Casey Heller Murkowski Court of Appeals later reversed that ruling The case was based on regulations passed Chambliss Hirono Murphy and an appeal to the U.S. Supreme Court in California and then adopted in Vermont Coats Hoeven Murray wasn’t taken up by the justices. Because and New York that sought to reduce auto- Coburn Inhofe Paul Cochran Isakson Portman Fell’s case remains under appeal, Sessions mobile emissions by establishing higher Collins Johanns Pryor said he is unable to discuss it. mileage requirements for new cars. Coons Johnson (SD) Reed Sessions also served for 11 years on the ‘‘(The auto manufacturers) sued in each of Corker Johnson (WI) Reid U.S. Sentencing Commission which was es- the circuits and our case came up first,’’ Ses- Cornyn Kaine Rockefeller

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.008 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE February 25, 2014 Rubio Stabenow Walsh I have great confidence Mr. Donato Mr. LEAHY. I would be happy to Sanders Tester Warner will be an outstanding federal district have a voice vote. Schatz Thune Warren Schumer Toomey Whitehouse judge. The PRESIDING OFFICER. Who Scott Udall (CO) Wicker Let me close by noting that each of yields time in opposition? Sessions Udall (NM) Wyden these nominees will fill a judicial va- Mr. REID. No one is standing. I yield Shaheen Vitter cancy that has been designated as a back the time. NAYS—4 ‘‘judicial emergency’’ by the Judicial Mr. HATCH. I yield back the time. Crapo Roberts Conference of the United States. The PRESIDING OFFICER. Without Risch Shelby The Northern District’s weighted objection, the time is yielded back. NOT VOTING—1 caseload per judgeship is over 13 per- Pursuant to rule XXII, the Chair lays Nelson cent above the national average. Fil- before the Senate the pending cloture The nomination was confirmed. ings per active judge are up 17 percent motion, which the clerk will state. Mrs. FEINSTEIN. Mr. President, I since 2008. In fact, it now takes 27 per- The assistant legislative clerk read am very pleased to express my strong cent longer for a civil case to get to as follows: trial than it did in 2010. support for two highly qualified nomi- CLOTURE MOTION nees to the U.S. District Court for the The vacancy Judge Freeman would fill has existed for over 800 days. The We, the undersigned Senators, in accord- Northern District of California: ance with the provisions of rule XXII of the Superior Court Judge Beth Freeman, vacancy Mr. Donato would fill has ex- Standing Rules of the Senate, hereby move and James Donato. isted for over 500 days. to bring to a close debate on the nomination I recommended these candidates to It is long past time for these seats to of James Donato, of California, to be United President Obama after my bipartisan be filled. Indeed, each of these nomi- States District Judge for the Northern Dis- screening committee gave them both nees should have been confirmed in trict of California. strong recommendations. 2013—but, unfortunately, each had to Harry Reid, Patrick J. Leahy, Benjamin I am very pleased they will soon fill be renominated in this session and L. Cardin, Mark L. Pryor, Mark two longstanding vacancies in the voted out of the Judiciary Committee Begich, Robert Menendez, Tom Harkin, for a second time. This wasted several Amy Klobuchar, Christopher Murphy, Northern District of California. Patty Murray, Jon Tester, Richard J. Judge Freeman earned her law degree months during which each could have Durbin, Barbara Boxer, Angus S. King, from Harvard Law School in 1979, and been serving as a Federal Judge. Jr., Claire McCaskill, Richard she served in the County Counsel’s Of- Nevertheless, I am very pleased that, Blumenthal, Sheldon Whitehouse, Jack fice in San Mateo for 18 years. today, Judge Freeman and Jim Donato Reed. She has spent the last 12 years on the will be confirmed and will be able to The PRESIDING OFFICER. By unan- San Mateo Superior Court, including as assume their duties shortly. imous consent, the mandatory quorum presiding judge and assistant presiding I urge my colleagues to support both call has been waived. judge. She has presided over more than of these fine nominees. The question is, Is it the sense of the a thousand trials, and she has experi- f Senate that debate on the nomination ence in both civil and criminal cases. of James Donato, of California, to be I have received letters of support for CLOTURE MOTION United States District Judge for the Judge Freeman from Don Horsley, The PRESIDING OFFICER. Under president of the San Mateo Board of the previous order, there will be 2 min- Northern District of California, shall Supervisors and former chair of the utes of debate equally divided between be brought to a close? County’s Domestic Violence Council, the two leaders or their designees prior The yeas and nays are mandatory and from Stephen Wagstaffe, San to a vote on the motion to invoke clo- under the rule. Mateo District Attorney. ture on the Donato nomination. The clerk will call the roll. These letters are strong endorse- Who seeks recognition? The bill clerk called the roll. ments for Judge Freeman, and I will The Senator from Vermont. Mr. HATCH (when his name was simply quote what Mr. Wagstaffe said: Mr. LEAHY. Mr. President, the next called). Present. ‘‘In 36 years as a prosecutor in San nominee, James Donato of California, Mr. DURBIN. I announce that the Mateo County, I have not seen a better was originally nominated in June of Senator from Michigan (Mr. LEVIN) and judge in all respects than Judge Free- 2013. He was voted out of the Judiciary the Senator from Florida (Mr. NELSON) man.’’ Committee unanimously. are necessarily absent. That is very high praise, and I am I have heard from my friends on the The PRESIDING OFFICER (Ms. pleased Judge Freeman soon will be Republican side that we should be con- HEITKAMP). Are there any other Sen- confirmed and begin her service as a cerned about emergency vacancies. ators in the Chamber desiring to vote? Federal judge in San Jose. This is an emergency vacancy. He was The yeas and nays resulted—yeas 55, Let me now describe Jim Donato, reported out unanimously for the first nays 42, as follows: who once confirmed will serve in San time last October. He had to be re- [Rollcall Vote No. 40 Ex.] Francisco. ported out a second time this year— YEAS—55 Mr. Donato earned his law degree again, unanimously. He has the strong Baldwin Harkin Pryor from Stanford Law School where he support of the two Senators from Cali- Begich Heinrich Reed was a Senior Editor of the Stanford fornia. So holding up and having a fili- Bennet Heitkamp Reid Law Review. He clerked for Judge buster and going through all of that on Blumenthal Hirono Rockefeller Booker Johnson (SD) Sanders Procter Hug on the Ninth Circuit. this nomination is the kind of game Boxer Kaine He served for 3 years in the City At- Schatz playing that hurts the Federal judici- Brown King Schumer torney’s Office in San Francisco. He ary. It is almost like the efforts made Cantwell Klobuchar Shaheen Cardin Landrieu has built a distinguished record over Stabenow by our friends on the other side in clos- Carper Leahy Tester two decades as a private practitioner ing down the government last year, Casey Manchin Udall (CO) handling complex civil cases such as and this is just a slow way to close Collins Markey Coons McCaskill Udall (NM) antitrust cases, at Cooley LLP and down the Federal judiciary. Walsh Shearman & Sterling LLP. Donnelly Menendez I urge immediate consideration and Durbin Merkley Warner Complex civil experience is espe- confirmation. Feinstein Mikulski Warren cially important in Northern Cali- The PRESIDING OFFICER. The ma- Franken Murkowski Whitehouse fornia because the Northern District’s jority leader. Gillibrand Murphy Wyden docket is 84 percent civil, according to Mr. REID. Mr. President, may I di- Hagan Murray the most recent statistics. rect a question through the Chair to NAYS—42 Mr. Donato also is a leader in the the distinguished chairman of the Judi- Alexander Chambliss Crapo San Francisco legal community where ciary Committee. Ayotte Coats Cruz he has devoted much of his time to the Does the chairman of the committee Barrasso Coburn Enzi Blunt Cochran Fischer Bar Association of San Francisco, in- think we should have a recorded vote Boozman Corker Flake cluding as its President in 2008. on this? Burr Cornyn Graham

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.004 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1019 Grassley Lee Rubio There is no reason, no reason whatso- Vitter Warren Wicker Heller McCain Scott Walsh Whitehouse Wyden Hoeven McConnell Sessions ever, that we are having votes on clo- Inhofe Moran Shelby ture on these judges, as Senator LEAHY NAYS—5 Isakson Paul Thune pointed out earlier, reported out unani- Blunt Risch Shelby Johanns Portman Toomey mously. Crapo Roberts Johnson (WI) Risch Vitter Kirk Roberts Wicker It is a waste of the taxpayers’ time to NOT VOTING—5 go through the process we have been ANSWERED ‘‘PRESENT’’ —1 Corker Johnson (SD) Warner going through. We are going to con- Durbin Nelson Hatch tinue working to move the backlog. We The nomination was confirmed. NOT VOTING—2 have scores of judges, district court Levin Nelson judges, and we have a number of circuit f court judges. We are going to, in the The PRESIDING OFFICER. On this CLOTURE MOTION vote the yeas are 55, the nays are 42, 1 near future, file cloture on all of them. Senator voting ‘‘present.’’ The motion If that is what the Republicans want us The PRESIDING OFFICER. Under is agreed to. to do, then that is what we will do. The the previous order, there will be 2 min- The majority leader. American people will see the colossal utes of debate equally divided between Mr. REID. Madam President, Chair- waste of time we have been going the two leaders or their designees prior through, not only on district court to a vote on the motion to invoke clo- man LEAHY has told me that he has no need for a rollcall vote. I would hope judges but circuit court judges and all ture on the Freeman nomination. others would also agree. nominations. Who yields time? I would suggest to my friend the sen- If no one yields time, time will be f ior Senator from Iowa he not believe charged equally. NOMINATION OF JAMES DONATO his own words because they are simply Mr. COATS. I yield back the remain- TO BE UNITED STATES DISTRICT not true. ing time. JUDGE FOR THE NORTHERN DIS- The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without TRICT OF CALIFORNIA is expired. objection, all time is yielded back. The question is, Will the Senate ad- Pursuant to rule XXII, the Chair lays The PRESIDING OFFICER. The vise and consent to the nomination of before the Senate the pending cloture clerk will report the nomination. James Donato, of California, to be U.S. motion, which the clerk will state. The assistant legislative clerk read District Judge for the Northern Dis- The bill clerk read as follows: the nomination of James Donato, of trict of California? LOTURE OTION California, to be United States District C M Judge for the Northern District of Cali- The yeas and nays were ordered. We, the undersigned Senators, in accord- fornia. The clerk will call the roll. ance with the provisions of rule XXII of the The assistant legislative clerk called Standing Rules of the Senate, hereby move Mr. GRASSLEY. Madam President, I to bring to a close debate on the nomination ask for the yeas and nays. the roll. Mr. REID. I announce that the Sen- of Beth Labson Freeman, of California, to be The PRESIDING OFFICER. Is there a United States District Judge for the North- ator from Illinois (Mr. DURBIN), the sufficient second? ern District of California. There is a sufficient second. Senator from South Dakota (Mr. JOHN- Harry Reid, Patrick J. Leahy, Benjamin The yeas and nays were ordered. SON), the Senator from Florida (Mr. L. Cardin, Mark L. Pryor, Mark The PRESIDING OFFICER. Under NELSON), and the Senator from Vir- Begich, Robert Menendez, Tom Harkin, the previous order, all postcloture time ginia (Mr. WARNER) are necessarily ab- Amy Klobuchar, Christopher Murphy, sent. Patty Murray, Jon Tester, Richard J. is yielded back. There will be 2 minutes Durbin, Barbara Boxer, Angus S. King, of debate equally divided between the Mr. CORNYN. The following Senator is necessarily absent: the Senator from Jr., Claire McCaskill, Richard two leaders or their designees. Blumenthal, Sheldon Whitehouse, Jack The Senator from Iowa. Tennessee (Mr. CORKER). Reed. Further, if present and voting, the Mr. GRASSLEY. Madam President, The PRESIDING OFFICER. By unan- Senator from Tennessee (Mr. CORKER) for the benefit of the people of this imous consent, the mandatory quorum country who have been listening to the would have voted ‘‘yea.’’ The PRESIDING OFFICER. Are there call has been waived. complaints in the Senate from Sen- The question is, Is it the sense of the ators about not approving judges, let any other Senators in the Chamber de- siring to vote? Senate that debate on the nomination me remind everybody that at this point of Beth Labson Freeman, of California, we have approved over 220 judges ap- The result was announced—yeas 90, nays 5, as follows: to be United States District Judge for pointed by this President. Only two the Northern District of California have been disapproved. That is more [Rollcall Vote No. 41 Ex.] shall be brought to a close? than 99 percent. YEAS—90 The yeas and nays are mandatory As far as the second term of this ad- Alexander Flake McCaskill under the rule. ministration is concerned, I want to Ayotte Franken McConnell Baldwin Gillibrand Menendez The clerk will call the roll. say that after the Senate confirms the Barrasso Graham Merkley The bill clerk called the roll. three district court judges we will ap- Begich Grassley Mikulski Mr. HATCH (when his name was prove today, we will have confirmed 50 Bennet Hagan Moran called). Present. of President Obama’s judicial nominees Blumenthal Harkin Murkowski Booker Hatch Murphy Mr. DURBIN. I announce that the during his second term. Up to this Boozman Heinrich Murray Senator from Florida (Mr. NELSON) is point in President Bush’s second term, Boxer Heitkamp Paul necessarily absent. the Senate had confirmed only 21. So Brown Heller Portman Burr Hirono Pryor The PRESIDING OFFICER. Are there that is 50 to 21 as far as the production Cantwell Hoeven Reed any other Senators in the Chamber de- of this Congress for approving judges. Cardin Inhofe Reid siring to vote? I yield the floor. Carper Isakson Rockefeller The yeas and nays resulted—yeas 56, The PRESIDING OFFICER. The ma- Casey Johanns Rubio Chambliss Johnson (WI) Sanders nays 42, as follows: jority leader. Coats Kaine Schatz [Rollcall Vote No. 42 Ex.] Mr. REID. Madam President, I have Coburn King Schumer YEAS—56 deep respect for my friend the senior Cochran Kirk Scott Collins Klobuchar Sessions Baldwin Cardin Franken Senator from Iowa. But he has been lis- Coons Landrieu Shaheen Begich Carper Gillibrand tening to himself talk too much and he Cornyn Leahy Stabenow Bennet Casey Hagan is starting to believe it. Everyone Cruz Lee Tester Blumenthal Collins Harkin knows we are in this situation because Donnelly Levin Thune Booker Coons Heinrich Enzi Manchin Toomey Boxer Donnelly Heitkamp the Republicans are slow-walking Feinstein Markey Udall (CO) Brown Durbin Hirono every nomination—every nomination. Fischer McCain Udall (NM) Cantwell Feinstein Johnson (SD)

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.005 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1020 CONGRESSIONAL RECORD — SENATE February 25, 2014 Kaine Mikulski Shaheen There appears to be a sufficient sec- ington, Illinois, Maine, Maryland, and King Murkowski Stabenow ond. Wisconsin. Klobuchar Murphy Tester Landrieu Murray Udall (CO) The question is, Will the Senate ad- I hope Senate Republicans will not Leahy Pryor Udall (NM) vise and consent to the nomination of continue to politicize the filling of ju- Levin Reed Walsh Beth Labson Freeman, of California, to dicial vacancies. Americans in those Manchin Reid Warner be United States District Judge for the States want a functioning Federal judi- Markey Rockefeller Warren McCaskill Sanders Northern District of California? ciary at full capacity so they can seek Whitehouse Menendez Schatz Wyden The yeas and nays are ordered. and obtain justice in an expeditious Merkley Schumer The clerk will call the roll. manner. NAYS—42 The assistant legislative clerk called VOTE EXPLANATION Alexander Enzi McConnell the roll. Mr. DURBIN. Madam President, I Mr. DURBIN. I announce that the Ayotte Fischer Moran was regrettably unable to be present Barrasso Flake Paul Senator from Florida (Mr. NELSON) and for vote number 41, the confirmation of Blunt Graham Portman the Senator from West Virginia (Mr. Boozman Grassley Risch James Donato to be a United States ROCKEFELLER) are necessarily absent. Burr Heller Roberts District Judge for the Northern Dis- The PRESIDING OFFICER. Are there Chambliss Hoeven Rubio trict of California. I was happy to see Coats Inhofe Scott any other Senators in the Chamber de- that he was confirmed, and if I had Coburn Isakson Sessions siring to vote? Cochran Johanns Shelby The result was announced—yeas 91, been present, I would have voted yea Corker Johnson (WI) Thune on the nomination. Cornyn Kirk Toomey nays 7, as follows: Crapo Lee Vitter [Rollcall Vote No. 43 Ex.] f Cruz McCain Wicker YEAS—91 LEGISLATIVE SESSION ANSWERED ‘‘PRESENT’’—1 Alexander Franken Moran The PRESIDING OFFICER. The Sen- Hatch Ayotte Gillibrand Murkowski ate will resume legislative session. Baldwin Graham Murphy NOT VOTING—1 Barrasso Grassley Murray f Nelson Begich Hagan Paul Bennet Harkin RECESS The PRESIDING OFFICER. On this Portman Blumenthal Hatch Pryor The PRESIDING OFFICER. Under vote the ayes are 56, the nays are 42, 1 Blunt Heinrich Reed Booker Heitkamp the previous order, the Senate stands Senator responded ‘‘present.’’ Reid Boozman Heller in recess until 2:15 p.m. The motion is agreed to. Rubio Boxer Hirono Thereupon, the Senate, at 12:59 p.m., The majority leader. Brown Hoeven Sanders Schatz recessed until 2:15 p.m. and reassem- Mr. REID. Madam President, I ask Burr Isakson Schumer bled when called to order by the Pre- unanimous consent that the vote on Cantwell Johanns Cardin Johnson (SD) Scott siding Officer (Ms. BALDWIN). the motion to invoke cloture and the Carper Johnson (WI) Sessions motion to proceed to S. 1982 now occur Casey Kaine Shaheen f at 3:30 p.m. this afternoon and the time Chambliss King Stabenow COMPREHENSIVE VETERANS Coburn Klobuchar Tester from 2:15 p.m. to 3:30 p.m. be equally Cochran Landrieu Thune HEALTH AND BENEFITS AND divided between the two leaders or Collins Leahy Toomey MILITARY RETIREMENT PAY their designees. Coons Lee Udall (CO) RESTORATION ACT OF 2014—MO- The PRESIDING OFFICER. Is there Corker Levin Udall (NM) TION TO PROCEED—Continued Cornyn Manchin Vitter objection? Cruz Markey Walsh The PRESIDING OFFICER. Under Mr. REID. Madam President, I have Donnelly McCain Warner Durbin the previous order, the time until 3:30 also spoken to the chairman of the Ju- McCaskill Warren Enzi McConnell p.m. will be equally divided between Whitehouse diciary Committee, and he does not de- Feinstein Menendez Wicker the two leaders or their designees. sire a rollcall vote on this next nomi- Fischer Merkley If no one yields time, the time will be Flake Mikulski Wyden nation. equally divided between both sides. The PRESIDING OFFICER. Without NAYS—7 The Senator from Vermont. objection, it is so ordered. Coats Kirk Shelby Mr. SANDERS. Madam President, f Crapo Risch every Veterans Day and every Memo- Inhofe Roberts rial Day many of us, regardless of our NOMINATION OF BETH LABSON NOT VOTING—2 political views, go out into our commu- FREEMAN TO BE UNITED Nelson Rockefeller nities and we speak about our respect STATES DISTRICT JUDGE FOR The nomination was confirmed. and admiration for the veterans of this THE NORTHERN DISTRICT OF The PRESIDING OFFICER. Under country. As chairman of the Senate CALIFORNIA the previous order, the motions to re- Committee on Veterans’ Affairs for the The PRESIDING OFFICER. The consider are considered made and laid last year, I have learned that regard- clerk will report the nomination. upon the table. The President will be less of political ideology, virtually all The assistant legislative clerk read immediately notified of the Senate’s Members of the Congress in fact mean the nomination of Beth Labson Free- action. what they say and do understand and man, of California, to be United States Mr. LEAHY. Mr. President, I would do appreciate the enormous sacrifices District Judge for the Northern Dis- like to thank the majority leader and veterans and their families—and their trict of California. the Democratic floor staff for taking families—have made for our Nation. The PRESIDING OFFICER. Under the necessary steps to confirm the four Sadly, everybody in this country the previous order, all postcloture time judicial nominees we have just con- knows we are living at a time when the is yielded back. There will be 2 minutes firmed between last night and today. I Congress is virtually dysfunctional and of debate equally divided between the am sure the people in Connecticut, Ar- partisanship runs rampant. But I have two leaders or their designees. kansas, and California are thankful found on my committee and in the Mr. GRASSLEY. I yield back my that their districts now have judges to Congress as a whole that Members do time. help alleviate the heavy caseload in understand the sacrifices made by the Mr. REID. As do we. those districts and that they will now men and women who put their lives on The PRESIDING OFFICER. All time be able to have their cases decided in a the line and do, although we have dif- is yielded back. more expeditious manner. ferences of opinion, want to do the Mr. GRASSLEY. I ask for the yeas There are 28 more judicial nominees right thing to defend those who have and nays. still currently pending on the Execu- defended us. The PRESIDING OFFICER. The yeas tive Calendar in States such as Ten- The good news is that President and nays are requested. nessee, Kansas, Massachusetts, Michi- Obama and the Congress, in a bipar- Is there a sufficient second? gan, Missouri, Pennsylvania, Wash- tisan way, have made significant

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.002 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1021 progress in addressing a number of the In March of 1969, Miles Epling was on well as expanded access for them to GI Bill problems facing veterans in this coun- patrol in Vietnam when a booby trap educational benefits. A two-plus year stale- try. The President’s budgets have been detonated, killing some of his fellow mate in VA’s authority to lease facilities for generous and I think Congress has marines and leaving him without legs. health care treatment and other purposes acted in a responsible way. would be solved by this bill. These are but a He returned home to West Virginia in a few— That is the good news. But the bad wheelchair. From that point on, he has ‘‘A few’’— news is that we still have a very long required around-the-clock help from way to go if we are to keep faith with those around him. His family provided of the myriad provisions of this bill that those who have put their lives on the that help without receiving any train- would improve the lives, health, and pros- line to defend us. We have made pects of veterans—especially the wounded, ing, any assistance or any financial injured and ill—and their loved ones. progress, but we still have a long way support. That is from the Disabled American to go. I hope very much that we will go Here is the very good news—and we Veterans. I thank them very much for down that road together and we will should be very proud of this, in a bipar- their support. The truth is that we tell the American people that in the tisan way, as a Congress: In 2010, 4 have letters of support that are similar midst of all of the partisanship, all of years ago, Congress passed a very in nature from dozens of other veterans the politics, at least on this one issue strong and excellent caregivers pro- organizations, and we thank them we can stand together and protect the gram for post-9/11 veterans. It is a pro- interests of those people who have sac- again for their support. gram that is working well in providing rificed so much for our country. Madam President, may I ask the significant help to caregivers of those Congress cannot bring back to their time situation—how much time each post-9/11 veterans. I want everybody to families those who died in battle. As side has and how much time is remain- put themselves in the place of a wife or the Presiding Officer knows, just in the ing? sister or mother or brother who around recent wars in Iraq and Afghanistan, The PRESIDING OFFICER. The ma- the clock—around the clock, 24/7, 365 we have lost over 6,700 troops. Congress jority has 24 minutes remaining of the days a year—is providing care to folks cannot restore the legs and the arms 35 minutes originally granted, and the who have suffered serious injuries in and the eyesight that roadside explo- minority has 35 minutes. one war or another. We provided sup- sions have taken away from brave men Mr. SANDERS. Very good. port for those caregivers post-9/11, for and women. Congress cannot simply What I would like to do now is yield Iraq and Afghanistan, but we did not do snap its fingers and magically cure the to the former chairperson of the Vet- that for the other wars. Now is the hundreds of thousands who returned erans’ Affairs Committee, somebody time for us to expand the caregivers from Iraq and Afghanistan with post- who has done an outstanding job for program for the families of all disabled traumatic stress disorder or traumatic veterans. She has focused on one issue veterans who are in the same position brain injury or those who suffer from that I feel very strongly about; that is, that Miles is in. That is the fair thing the pain and humiliation of sexual as- the need to help those veterans who to do, that is the right thing to do, and sault. As a nation, however, while we would like to have children but as a re- that is included in this comprehensive cannot magically solve those problems, sult of war wounds are unable to do so. piece of legislation. we can in fact—and it is our responsi- Mr. CORNYN. Madam President, Because we have the moral obliga- bility, in fact—do everything we can to would the Senator yield for a unani- tion to do the very best we can for vet- help ease and ameliorate the problems mous consent request? erans, the Senate Veterans’ Affairs facing our veterans and their families. The PRESIDING OFFICER. Is there Committee has brought forth com- We can’t solve it all—we know that— objection? prehensive legislation that is strongly but we can go further in ameliorating Mr. CORNYN. Madam President, I supported by virtually every veteran some of the problems facing veterans ask unanimous consent to be recog- and their families. and military organization in the coun- nized following the remarks of the Sen- I will give my colleagues a few exam- try. Today I thank the American Le- ator from Washington. ples. Congress can help the 2,300 men gion, the Veterans of Foreign Wars, the The PRESIDING OFFICER. Without and women who were looking forward Disabled American Veterans, the Viet- objection, it is so ordered. to having families but who suffered re- nam Veterans of America, the Military The Senator from Washington. productive injuries in Iraq and Afghan- Officers Association of America, the Mrs. MURRAY. I thank you, Madam istan. I believe Senator MURRAY will Iraq and Afghanistan Veterans of President. And I thank the chair of the come to the floor. She has long been a America, the Paralyzed Veterans of Veterans’ Affairs Committee for put- champion of this issue, as have been America, the Gold Star Wives of Amer- ting together this very good piece of others. Let me give my colleagues one ica, and the dozens of other veterans legislation we are about to consider. case out of 2,300: Army veteran Matt organizations that are strongly sup- It is no secret that in our Nation’s Keil of Colorado was wounded by sniper porting this comprehensive piece of Capital we are sharply divided on any fire in Iraq in 2007. The sniper’s round legislation. number of economic and political struck Matt’s neck, causing severe In their statement of support, the issues that are facing average Ameri- damage to a vital artery and his spinal DAV writes: cans right now. But I have come to the cord. Through sheer determination and This massive omnibus bill— with the love and resolve of his wife floor today to talk about one issue on That is the bill that is going to be on Tracy, Matt’s condition improved. He which we are rarely divided; that is, the floor in a short period of time. The and Tracy began to consider having our duty to keep the promise we have DAV writes: children. Doctors assured them that made to provide not only care but op- having children could be possible with This massive omnibus bill, unprecedented portunity to all those who have honor- the help of in vitro fertilization. The in our modern experience, would create, ex- ably served in our Nation’s Armed pand, advance, and extend a number of VA Keil family paid more than $30,000 for Forces. It unites even the most un- benefits, services and programs that are im- likely partners because we realize we reproductive treatments. Congress can portant to DAV and to our members. For ex- help the Keil family and others to ease ample, responding to a call from DAV as a have all made a promise to those who that financial burden. That is a cost of leading veterans organization, it would cre- have signed up to serve, and we all war. We should be there for that family ate a comprehensive family caregiver sup- need to keep it because there is so and for the other families who want port program for all generations of severely much on the line. the opportunity to have children. wounded, injured and ill veterans. Also, the When our brave men and women vol- Congress can help the tens of thou- bill would authorize advance appropriations unteered to protect our Nation, we sands of family members who every for VA’s mandatory funding accounts to en- promised them we would take care of sure that in any government shutdown envi- them and their families when they re- single day provide loving care for those ronment in the future, veterans benefits pay- who were severely injured in World ments would not be delayed or put in jeop- turned home. We need to ask ourselves, War II, in Korea, in Vietnam, and in ardy. This measure also would provide addi- are we doing enough for our Nation’s other wars. Let me give my colleagues tional financial support to survivors of serv- veterans? So this comprehensive legis- another example. icemembers who die in the line of duty, as lation before us today really is the test

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.030 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1022 CONGRESSIONAL RECORD — SENATE February 25, 2014 for a lot of Members of Congress. Can there for you—would commit such a his neck, it hit a major artery, it went we put politics aside now for the good terrible crime. Even worse is the preva- through his spinal cord, and it exited of our Nation’s veterans? Can we show lence of these crimes. It is appalling through his shoulder blade. Staff Ser- these heroes, despite our differences, that they commit such a personal vio- geant Keil instantly became a quad- that we will work as diligently toward lation of their brother or sister in uni- riplegic. Doctors told Tracy, his wife, getting them the benefits and care form. that her husband would be on a venti- they have earned as they have worked The National Defense Authorization lator for the rest of his life and would for our Nation. I hope we can. And I Act that we passed last year took some never move his arms or his legs. Well, say that because the investments in historic action to help servicemembers Staff Sergeant Keil eventually defied this bill are a lot more than numbers access the resources they need to seek the odds and found himself off that on a page. They are life-changing pro- justice without fear, including a provi- ventilator and beginning the long jour- grams for veterans who are looking to sion I authored to create a new cat- ney of physical rehabilitation. take the skills they have learned from egory of legal advocates called special In fact, Tracy and her husband start- the battlefield to the boardroom. It is victims’ counsels who would be respon- ed talking and exploring the possibili- support for the countless victims of sible for advocating on behalf of the in- ties of having a family together. Hav- military sexual assault, who are des- terests of the victim. But we still have ing children was all they could talk perate to come out of the shadows. It is a long road ahead of us before we put about once they started to adjust to providing the dream of having a family an end to these shameful acts and their new normal. With Staff Sergeant to those who are suffering from some of meanwhile provide all the necessary Keil’s injuries preventing him from the most devastating wounds of war. It resources to those who have, unfortu- having children naturally, Tracy is timely investment in the very big- nately, been impacted. Thankfully, the turned to the VA and began to explore gest priorities of our Nation’s heroes. chairman’s legislation aims to do just her options for fertility treatments, So I would like to use the remainder of that with provisions to improve the de- but because of that VA ban she was my time to highlight just a few of the livery of care and benefits to veterans turned down. So Tracy and Staff Ser- investments that are included in this who experienced sexual trauma while geant Keil decided instead to pursue bill and how they translate to the lives serving in the military. IVF through the private sector. Out of of our veterans and their families. When our best and brightest put on a options, they decided this was impor- For those who have worn our Na- uniform and join the U.S. Armed tant enough to them that they were tion’s uniform, particularly for those Forces, they do so with the under- willing to pay out of pocket to the tune young veterans who have spent the last standing they will sacrifice much in of almost $32,000 per round of treat- decade being shuttled back and forth to the name of defending our country and ment. war zones half a world away, the road its people. But that sacrifice should Well, thankfully, on November 9, home is not always smooth, the red- not have to come in the form of un- 2010, just after their first round of IVF, tape is often long, and the transition wanted sexual contact from within the Staff Sergeant Keil and Tracy wel- from the battlefield to the workplace is ranks. comed their twins, Matthew and Faith, never easy. This should not be the case. Finally, I wish to talk today about a into the world. Tracy told me—and I We should not let the skills and train- provision that has been one of my top want to quote her: ing our Nation’s veterans have already priorities in the Senate for a while The day we had our children something attained go to waste. We cannot afford now. It is a provision that builds upon changed in both of us. This is exactly what to have our Nation’s heroes unable to our effort to improve VA services for we had always wanted, our dreams had ar- find a job to support their families, women veterans and veterans with rived. without an income that provides sta- families. The VA, Congress and the American People have said countless times [to us] that they bility, or without work that provides As we all know, with the changing nature of our conflicts overseas, we want to do everything they can to support the pride and sense of purpose that is my husband [and] make him feel whole again so critical to the transition home. have been seeing the brutal impact of and this is your chance. That is why I am proud that in this improvised explosive devices, or IEDs, Having a family is exactly what we needed legislation we are considering today we which means we are now seeing more to feel whole again. Please help us make reauthorize and build on many of the and more servicemembers—both male these changes [to the law] so that other fam- provisions that were part of my VOW and female—increasingly susceptible to ilies can share in this experience. to Hire Heroes Act, which was signed reproductive, spinal, and traumatic Well, Tracy and Matt are not alone. into law by President Obama in 2011. brain injuries due to the weapons of There are many men and women out Double-digit unemployment rates for war. there who share this common thread of veterans used to be the norm, but since Thanks to modern medicine, many of a desperate desire to fulfill their dream VOW became law the unemployment these servicemembers are being kept of starting a family, only to find that rate for post-9/11 veterans is now on par alive, and they are returning home. catastrophic wounds they sustained with nonveterans. And while recent Like so many of our veterans, these while defending our country are now data from the Bureau of Labor Statis- men and women come home looking to preventing them from seeing that tics proves that these programs work, return to their lives, to find employ- dream through. we still have more work to be done, ment, and often to start a family. Yet As we all know, it should not be that and that is addressed in this legisla- what they find when they go to the VA way. Our Nation’s heroes should not tion. today is that the fertility services that have to spend tens of thousands of dol- I also believe the great strength of are available do not meet their very lars in the private sector to get the ad- our military is in the character and complex needs. In fact, veterans suf- vanced reproductive treatments they dedication of our men and women who fering from these injuries find the VA need to start a family. They should not wear the uniform. It is the courage of is today specifically barred from pro- have to watch their marriages dissolve these Americans to volunteer to serve viding more advanced assisted repro- because of the stress of infertility in that is the Pentagon’s greatest asset. duction techniques, such as IVF. They combination with the stresses of read- Our servicemembers volunteer to face are told that despite the fact that they justing to a new life after severe in- danger, to put their lives on the line, have made such an extreme sacrifice jury, driving relationships to a break- to protect our country and our people. for our country, we cannot today pro- ing point. Any servicemember who sus- It is no longer a secret that sexual vide them with the medical services tains this type of serious injury de- assault continues to plague the ranks they need to start a family. serves a lot more. of our military services, which is an- These are veterans such as SSG Matt We came very close to making this other issue this comprehensive legisla- Keil and his wife Tracy. Staff Sergeant bill a reality last Congress. In fact, tion addresses. I think we all agree it is Keil was shot in the neck while on pa- with Tracy Keil sitting up in the gal- absolutely unconscionable that a fel- trol in Iraq in 2007—6 weeks after he lery—like so many of our heroes who low servicemember—the person whom married the love of his life, Tracy. The have joined us today—with Tracy you rely on to have your back and be bullet went through the right side of watching, the Senate unanimously

VerDate Mar 15 2010 23:30 Feb 25, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.031 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1023 passed this legislation. Unfortunately, that it did not just create a brand new Why do we know that? Well, we have what happened was that some Repub- health care entitlement. It actually seen the experience with these new licans in the House of Representatives weakened existing programs like Medi- major cuts to Medicare Advantage. Not refused to take up this bill and pass it. care and Medicaid. to confuse things too much, but Medi- So time ran out last year and we were For people who do not deal with care Advantage is actually a private not able to get it to the President’s these programs on a day-in and day-out insurance alternative to traditional desk. basis, of course, Medicare is for seniors, Medicare which pays doctors based on But this effort is not over. This pro- for health care for seniors; Medicaid is the services they provide. Medicare Ad- vision was the very first piece of legis- a separate program which is shared by vantage is a remarkably successful pro- lation I introduced in this Congress, the States and the Federal Government gram that covers roughly 30 percent of and there is excellent momentum to to provide the safety net health care all Medicare beneficiaries, close to 16 get it done. This is about giving our program for low-income Texans in my million people. veterans, who sacrificed everything, State. The funds to those programs, to every option we have to help them ful- But because of the massive new bur- those 30 million, to that program that fill the simple dream of having a fam- dens that ObamaCare is placing on the benefits 30 million beneficiaries, are ily. It says we are not turning our health care safety net, which is already being slashed by approximately $308 backs on the catastrophic reproductive failing the neediest members of soci- billion as a result of ObamaCare. This wounds that have become a signature ety, the share of physicians accepting is another one of these hidden problems of these wars. new Medicaid patients in Texas has with ObamaCare that is now just com- It says to all those brave men and fallen from 67 percent in 2000 to only 32 ing to light, even though we talked women who did not ask questions when percent in 2012. So in 2000, 67 percent of about it a lot back in 2009 and 2010. they were put in harm’s way that we physicians would accept a new Med- Now it is coming to fruition. will not let politics get in the way of icaid patient. Today it is roughly one- The truth is, these cuts in Medicare our commitment to you. This provision third, one out of every three. Advantage will force many seniors to in the bill will reverse this troubling Of course, the reason for that is the pay higher premiums and further un- barrier to care and will bring the VA in Federal Government continues to pay dermine their existing health care ar- line, finally, with the military which less and less. Now I think it is roughly rangements. You remember the Presi- does provide these services under 50 cents on the dollar compared to pri- dent said: If you like what you have, TRICARE. vate insurance to a physician who you can keep it. If you like your doc- Our women veterans deserve this. treats a Medicaid patient. So we know tor, you can keep your doctor. We are now learning that is abso- Our male veterans deserve this. Our that many Texas physicians, including lutely not true in many cases. Just to military families deserve this. I am a majority of established primary care give you a sense, though, of Medicare here today to urge my colleagues to physicians, are not accepting new Med- Advantage’s popularity, according to support this bill, the Comprehensive icaid patients at all because they are the Wall Street Journal, about one of Veterans Health and Benefits and Mili- being asked essentially to work for 50 two people newly eligible for Medicare tary Retirement Pay Restoration Act cents on the dollar, something they chose Medicare Advantage and enroll- of 2014. Our veterans do not ask for a cannot afford to do. ment is growing at a rate of roughly 10 lot. They should not have to. They Yet the architects of ObamaCare percent per year. have done everything that has been thought that it was a good idea to add Why is Medicare Advantage so pop- asked of them. They have been sepa- millions more people to a broken pro- ular compared to traditional Medicare rated from their families through re- gram, one that already was not pro- fee for service? Well, for all the reasons peated deployments. They have sac- viding access to quality health care. you might expect. The program offers a rificed life and limb in combat. They This, of course, will further reduce the lot more flexibility and much more pa- have done all of this selflessly and with quality of Medicaid, which is one rea- tient choice than traditional Medicare honor to our country. son why many State Governors refused based on a number of different perform- We cannot allow our commitment to the Federal Government’s request to ance measures that also deliver better them to lapse or to get caught up in actually expand the coverage of Med- results than traditional Medicare. It any kind of unrelated amendments or icaid absent reforms to fix it and make has become the primary driver of inno- political grandstanding. So I thank the sure that it would work more fairly vation within the Medicare system. Senator from Vermont and his staff for and better and more cost effectively. Of Yet we know, and we have known their tireless work to bring this legis- course, the consequence of that is it now for 4 years, and we are now seeing lation to the floor. I hope we do the will make it even harder on the poorest that the reality is the administration right thing now and get this legislation and most vulnerable Americans to gain is trying to undermine Medicare Ad- passed and get this legislation to the access to quality health care. vantage to help pay for ObamaCare. desk of the President. As for the Medicare program, of Neither one is working the way the I yield the floor. course that is for seniors, ObamaCare beneficiaries of those programs ex- The PRESIDING OFFICER (Mr. created a new panel of unelected bu- pected and were promised they would MANCHIN). The Republican whip. reaucrats known as the Independent work. OBAMACARE Payment Advisory Board. What an in- Earlier this month I joined with 39 of Mr. CORNYN. Mr. President, I see nocuous bureaucratic-sounding name. my colleagues here in the Senate to the Senator from North Carolina is Some people call it the IPAB. These send a letter to CMS Administrator here on the floor. I know he is likely are unelected bureaucrats who will de- Marilyn Tavenner urging her to ‘‘main- here to respond to the Senator from cide whether your health care is worth tain payment levels that will allow Vermont and the Senator from Wash- a cost-benefit analysis. Medicare Advantage beneficiaries to be ington on the veterans bill that is on What they will end up doing is slash- protected from disruptive changes in the floor, and what I believe is a much ing Medicare payments to doctors so 2015.’’ Our letter described Medicare better alternative for us in dealing that many physicians can no longer af- Advantage as ‘‘a great success,’’ noting with the needs of our veterans in a way ford to see new Medicare patients and that one study published in the Amer- that is fiscally responsible. provide the treatment that those pa- ican Journal of Managed Care found But what I would like to do is to turn tients and their doctors believe they that ‘‘the hospital readmission rates to another story that continues to un- need and that they want. So it has be- for [Medicare Advantage] enrollees are fold worse and worse news over time, come abundantly clear that the goal of 13–20 percent lower than for Medicare that unfortunately we tend to get dis- ObamaCare is to make Medicare more [fee-for-service] enrollees.’’ tracted from because there are so many like Medicaid. We know what that In other words, it is more effective other things that are happening. But means. We know it is not hard to pre- delivering quality care, keeping seniors when the President’s signature health dict, that fewer and fewer doctors will healthy and reducing dramatically the care bill, the Affordable Care Act, was treat Medicare patients and some will need to have them readmitted to hos- signed into law 4 years ago, we knew leave the program all together. pitals once they are discharged.

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.032 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1024 CONGRESSIONAL RECORD — SENATE February 25, 2014 The Members who signed this letter the November election, to delay the I would have expected we would be on were not just folks who work on this employer mandates, to refuse to en- the floor debating in a bipartisan way side of the aisle. They included several force other provisions of the law, and those fixes that were needed to make prominent Democrats, such as my two to waive the law which has no clear sure that veterans with disability colleagues from New York, the senior means for waiver. So basically, it is to claims didn’t have to wait hundreds of Senator from Minnesota, the junior refuse to enforce the law, to get it past days to determine whether they were Senator from Massachusetts, the jun- the election. Let’s cut the bleeding, po- going to have a disability that was ior Senator from Oregon, and from litically speaking. signed off on and, if so, what the per- Washington State, and from Colorado, Earlier this month, for the second centage was and that percentage then who also happens to be the Chairman time since July, the administration an- provided them income. of the Democratic Senatorial Cam- nounced they would unilaterally delay I thought we would focus on the chal- paign Committee. enforcement of the employer mandate. lenges the Senate has to reform how They signed this letter—39 Sen- Of course, the President—like so much the appeals process works. Because ators—saying: Please do not cut Medi- of what he does these days—has no when a veteran is denied a disability care Advantage in a way that disadvan- clear legal authority to do that, but claim or he gets less than he thinks he tages current seniors. It is bad enough our colleagues across the aisle do not should have been awarded, then he has that ObamaCare is effectively taking seem to care as long as they kick it the opportunity to appeal that to the money out of a successful program, past the election because they are wor- court of appeals. The time now for the Medicare Advantage, to fund a new en- ried about the accountability that appeals decision has grown to years. It titlement. It is bad enough that seniors comes with this false promise made to shouldn’t be like this. It is absurd that are being forced to pay higher pre- sell ObamaCare. the Congress of the United States, miums and deal with enormous uncer- Americans want the same type of much less the Veterans’ Administra- tainty in order to facilitate a govern- health care reforms that they wanted tion, is content with the deficiencies ment takeover of the health care sys- back in 2009. There are plenty of alter- we have in this broken system. tem. natives, sensible patient-centered re- Instead of being here to look at fixes What makes it even worse is that forms that will actually bring down the provided under the Sanders bill, we are ObamaCare continues to be an unmiti- cost. You know, if you want people to here looking at how to expand the pop- gated disaster. Every day you pick up buy more of something, you reduce the ulation of coverage. We are here on the newspaper, every day you watch cost. You do not raise the cost. That programs that have had little to no television: Millions of Americans have creates just the opposite problem. We hearings. We are here without under- also know there are alternatives to ex- lost their preferred health insurance, standing the intended or the unin- pand quality insurance coverage and and millions more are paying higher tended consequences. improve access to quality care. premiums for coverage. Many families Let me share the knowledge I have of I might just add—since I know the North Carolina where we have the larg- have discovered that their new Senator from North Carolina has been ObamaCare-mandated coverage does est growing veterans population in patiently sitting there to speak on a America. I don’t have the facilities not give their children access to their different topic—that he and Senator preferred doctors and hospitals. today to handle that veterans popu- HATCH and Senator COBURN have of- lation in the timeframe Americans are As one physician from Washington fered what has widely been heralded as State recently told CBS News: used to being delivered health care. I a very sensible alternative approach to could go out and start construction to- We’re seeing denials of care, disruptions in ObamaCare that avoids the problems morrow, if my good friend the Pre- care; we’re seeing a great deal of confusion and reduces the costs, and it does not siding Officer would allocate me the and, at times, anger and frustration on the interfere with patient choice. part of these families who bought insurance We know ObamaCare promised these money, since he sits on the Appropria- thinking that their children were going to be tions Committee, and build facilities, covered. And they’ve in fact found that it’s a results, but it failed to deliver. In re- sponse, we have many different alter- and I still couldn’t meet the facilities false promise. requirement needed to provide that A false promise—that is ObamaCare native ideas that increase patient choice, increase transparency, and in- level of care. As a matter of fact, we in a nutshell, if you think about it. A have about $14 billion worth of con- program that was sold as a way to help crease provider competition, all of which is designed to produce for con- struction currently underway in the the uninsured and the economy has in- sumers lower cost, wider coverage, and country, and on an annual basis, this stead hurt the economy and forced mil- better quality care. body—the Congress of the United lions of Americans to lose their exist- I yield the floor. States—allocates about $1 billion in fa- ing coverage—a false promise. The PRESIDING OFFICER. The Sen- cilities construction and maintenance The Congressional Budget Office—the ator from North Carolina. money. latest bit of bad news—now estimates Mr. BURR. Mr. President, may I in- We have 14 years of backlog right that ObamaCare will reduce the size of quire how much time exists on both now and we are not even anticipating the American labor force by 2.5 million the majority and minority sides? what the effects are going to be of our full-time workers over the next decade. The PRESIDING OFFICER. There is current warriors who have come out of Here is the latest news. In addition, 21 minutes remaining on the Repub- Iraq, who will leave Afghanistan, who CMS has projected the law could lead lican side, 91⁄2 minutes remaining on might enter Syria or who might be in to higher insurance premiums for the Democratic side. a conflict down the road. No, we are about 11 million employees at small Mr. BURR. I thank the Chair, and I here debating in the Sanders bill a businesses. thank my colleague for his comments massive expansion in who is provided As for the promise of ‘‘universal cov- on the Affordable Care Act. benefits in the VA. erage’’—do you remember, this was the I am actually excited to be here hav- So who is that? It is veterans who whole basis for government-mandated ing a debate about veterans and about have no service-connected disability. It health care: Everybody is going to be the promises we have made to those is veterans who are above the means- covered. Well, when all is said and who are reliant on not only the VA but testing threshold. Let me put that in done, ObamaCare will, according to the on this institution to actually look at layman’s terms. These are not people Congressional Budget Office, leave up- the programs and the services pro- who are low income and these are not wards of 30 million people without vided, and when we, as a body, see defi- people who have a service-connected health care coverage in 2023. ciencies, reforming them, fixing them, disability. After witnessing a tidal wave of dis- so our customer—who is that person We are going to have days to debate ruptions and hardships caused by his who made that ultimate sacrifice, who this bill, and I will introduce an alter- signature legislative accomplishments, put on that uniform and, in many native. I will openly confess, upfront, what is President Obama’s response? cases, now has a lifetime disability be- that I don’t get into fixes, because to His response is to either minimize the cause of it—can count on that health do fixes there has to be bipartisanship. political damage, to kick the news past care system to be there. To reform programs in the Federal

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.034 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1025 agencies, Republicans and Democrats overburdened system. There is a reason Finally, I want to address a comment have to come together. why the priority 8 veterans program my colleague from Vermont made at a We are here today because there was was halted. The VA found they could press conference a few weeks ago. He no outreach to attempt to put together not provide timely access to services said: a compromise bill. If the conversation while sustaining a high level of care. We’re not going to bring one new person in we had about a day before we left a And judging by the well over 30 health without making absolutely certain that the week ago, where my colleague said, care inspectors reports issued by the VA has the resources to accommodate those this is what I am going to do, why Office of Inspector General in this Con- people. don’t you sign on, but he wasn’t willing gress alone, the VA is having trouble As I read the bill, there is nothing in to talk about changes—if that was with the limited group they currently this provision or in the bill itself that compromise, then he did that. But I serve. would restrict implementation in that don’t consider that to be compromise. I Here are some examples of the IG’s way. However, I would gladly support don’t consider it to be good-faith nego- health care inspections report released an amendment which would delay this tiation. since January 2013: 1. Three deaths in provision until GAO reports that the But that is behind us. We now have Atlanta because of delays in mental VA could manage this additional popu- this bill to consider, and it is a massive health care; 2. Two reports regarding lation of veterans. expansion. And what does it do? It ba- delays in GI consults and issues with Mr. President, you might be think- sically says to those warriors who have facilities operating services in Colum- ing, as others who are listening might, service-connected disabilities, those in- bia, SC; 3. Emergency department pa- what does all this cost? How is it paid dividuals who are low income—and this tient death at the Memphis VA center; for? Is the funding recurring or is it is where they get their service, their 4. Two reports on the inappropriate use one-time funding? Is it permanent ex- health care—you are going to have to of insulin pens at both the VA Western pansion? wait in a bigger line. You are going to New York Healthcare System and the Let me try to answer some of that for have to get behind more people. So Salisbury VA Medical Center; and 5. you. The way the Sanders bill is paid what veterans expect, which is that the Two reports on Legionnaires’ disease for is with money out of the overseas at VA Pittsburgh and a review of Le- most needy will receive the services contingency operations. That is more gionnaires’ disease prevention at VHA they need, is not what this bill does. It money we were going to spend that we facilities. haven’t spent, that we never had be- is not at all what it does. If we expand enrollment, if we expand As a matter of fact, section 301 of the cause we were borrowing it, and now the coverage, it would surely require Sanders bill would expand eligibility of we are going to use it to expand this. It an increase in funding at the VA. When the VA health care system. It would is one-time funding for a permanent we increase the number of patients en- program. Let me say that again. It is qualify to enroll in the VA health care tering the system, we certainly need to as priority 8 veterans if they do not one-time funding for a permanent pro- hire additional staff and to provide gram. have access to health insurance except more space to treat the new veterans. I through a health exchange and do not It is not as though we are going to have already talked about the 14-year fund this expansion of priority 8s, and qualify for higher priority. backlog we have on facilities now. Before getting into my concerns all of a sudden, when OCO money is Without followthrough on secondary gone, we say: Oops, we didn’t mean it; about this affected section and what cost, we only frustrate veterans when impact it would have on VA, I wish to we are going to pull it back. No, these their expectations aren’t met, not sat- are going to be in the system regard- comment on how this section has been isfy them. less of the impact, regardless of the drafted. The section says: I truly believe if we expand govern- consequences. If a veteran qualifies as a priority 8 vet- ment programs we need to do it respon- So who is adversely affected? Today’s eran and has no other option but the health sibly. We need to understand the in- warriors. The same warriors who are exchange under the Affordable Care Act, tended consequences and plan for the they could enroll in the VA. waiting in line to get health care serv- unintended consequences. We should ices are now going to compete for a Let me read that again: explore whether the VA can manage limited number of slots to be seen by If a veteran qualifies as a priority 8 vet- the implementation of this expansion. eran and has no other option but the health We should explore what impact this people who might have had private in- exchange under the Affordable Care Act, will have on the VA’s ability to treat surance, by people who might have they can enroll in the VA. combat veterans and veterans with been in the health care exchange, by We have just mandated that every- limited incomes and find out what new individuals who are not low income and body in this country—except when the needs, both in staffing and space, would who have no service-connected dis- President delays the mandate—has to be created by this expansion. ability. Who else? Those veterans with be under the Affordable Care Act and Unfortunately, we don’t know the an- disability claims who are waiting for a they are part of the health exchange. swers to these questions, because in determination. I mean these veterans Here we are saying to priority 8 vet- preparation for this section the major- are going to be impacted by this be- erans, if your only option is the health ity didn’t hold an oversight hearing cause we will have such an influx of exchange, we will let you opt into the looking specifically at the con- people within the system. Veterans are VA. Well, if the health exchange is that sequences—intended or unintended—to waiting for disposition of their dis- good, why would we dare risk all other expand enrollment of priority 8 vet- ability claims, their appeals. Those veterans who have service-connected erans. In fact, the only hearing on this who have gone back and have waited, disabilities or low incomes having to subject was a hearing on legislation they have finally gone through hun- wait behind people who were provided pending before the committee on Octo- dreds of days for a claim to be deter- health care out of the health exchange? ber 30, 2013. At that hearing we heard mined only to find out they have to ap- Some priority 8 veterans may even testimony on three dozen bills—clear- peal it. Now they are going to go qualify for a subsidy under the ex- ly, not enough time to examine the de- through hundreds of days of appeal, change, something they would not re- tails of any of the 30 bills. and we are saying we are going to have ceive if they were to enroll in VA From their testimony at the hearing, to start using some of these people to health care. I don’t know, are they con- the VA obviously agrees with me. Dr. administer new services which far ex- cerned these veterans will be unable to Robert Jessie, Principal Deputy Under ceed and are outside of priority 8 which find a plan that meets their needs? Ev- Secretary for Health, indicated that I focused on. But we will talk about the erybody else in America was shoved expanding enrollment of priority 8 vet- entirety of this bill as the next several into it. Why should we be concerned erans ‘‘presents many potential com- days go on. about them? plications and uncertain effects on The last one, and I will stop for this My intention today isn’t to open a VA’s enrollment system.’’ That comes afternoon: Who is adversely affected? health care debate. I do have serious from a guy pretty high up within the Our kids, our grandchildren, the ones concerns about this expansion. Expand- Veterans’ Administration. They are who sit at home today hoping the deci- ing eligibility could stress an already not necessarily for this. sions we make about future obligations

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.035 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1026 CONGRESSIONAL RECORD — SENATE February 25, 2014 take into account that they are paying I did find it interesting that the course, but they did pass in many cases the tab. They are the ones who will be ranking member from North Carolina with bipartisan support. here years from now keeping the prom- suggested in so many words, yes, this Furthermore, this bill contains two ises we make, and they are hoping we bill does have the support of the Amer- key bipartisan provisions passed over- only make the ones we can keep. ican Legion, the Veterans of Foreign whelmingly by the Republican-con- Mr. President, how much time is re- Wars, Disabled American Veterans, the trolled House of Representatives. maining on our side? Vietnam Veterans of America, the So let me acknowledge that not The PRESIDING OFFICER. Five Military Officers Association of Amer- every provision in this bill was brought minutes. ica, the Iraq and Afghanistan Veterans before the committee. That is true. But Mr. BURR. I will tell a personal story of America, Paralyzed Veterans of the two major provisions which were about a trip to one of our military America, Gold Star Wives of America, not brought before this committee are cemeteries abroad. and dozens of other veterans organiza- bipartisan and in fact have been passed We were in the country of Belgium. I tions, but the implication was they overwhelmingly by the Republican- was there for a Memorial Day service. may be supporting this bill but vet- controlled House. Much to my amazement, there were erans back home do not. I doubt that With almost unanimous votes, the probably 4,000 to 5,000 individuals. very much. In fact, I happen to believe House passed the same provision in- We got through with the formalities these organizations do a very good job cluded in the Senate bill which would of a very well-constructed Memorial in representing the interests of their solve a longstanding problem to au- Day celebration. As I wandered veterans and that they listen to the thorize the VA to enter into 27 major through the graves, I found a Belgium veterans. medical facility leases in 18 States and couple with their two young children As the ranking member understands, Puerto Rico. at the headstone of an American sol- this bill was put together not from my My friend talks about the fact that dier from World War II. I asked them head, not from his head or any Member we need more infrastructure for our one simple question: Why are you here? of the Senate’s head. We listened to the veterans. He is right. This bill provides The Belgium father, younger than I, looked at me and he said: Sir, I inher- veterans community which came for- 27 major medical facility leases in 18 ited this grave from my father. My fa- ward before the Congress. In fact, States and Puerto Rico, and in an abso- ther took the responsibility for this today there was a joint session—which lutely overwhelmingly bipartisan vote grave to always make sure it was just I had to miss because I was here—with that language was passed in the House. like it was the day he got it. I have the DAV, and then we are going to hear The second bill—not included in our now inherited that from my father, and from the American Legion, from the discussions in the Senate committee— my children will inherit that responsi- VFW—we are going to hear from all also passed with very broad support in bility from me. the veterans organizations. the House—deals with ensuring that I know there are a lot of veterans or- This bill represents what those vet- veterans can take full advantage of the ganizations who hope Senator SAND- erans organizations said the veterans post-9/11 GI bill and get instate tuition ERS’ bill becomes law, but I think there community needs. I strongly disagree in the State in which they currently are a lot of veterans who are hoping it with the Senator from North Carolina live. If I am not mistaken, I believe my doesn’t: the veterans who need the VA in suggesting the veterans organiza- friend supports that provision. system and count on it for their men- tions do not do an effective job in rep- It is fair to say not every provision tal health treatment, for their sub- resenting their membership. was debated in the committee. He is stance abuse treatment, for their pri- The other point I will make is that I right. But the two major provisions mary care. They count on it for diabe- look forward to this debate. Every now that were not, were passed with over- tes maintenance, they count on it to and then it is a good idea to have a de- whelming support in the House and I stay alive, and we promised it to them. bate on real issues on the floor of the believe will pass with overwhelming I am sure future generations will Senate, so I look forward to this de- support in this body and are included look at the decisions we make this bate. But in terms of the suggestion in this legislation. week and will belly up to the bar for that this is not a bipartisan bill—I do I believe virtually every Member of whatever it costs, but I think it is im- understand absolutely not every word the Senate, regardless of his or her ide- portant for us to remember our obliga- in here nor every source of funding is ology, cares about veterans—and I tions stretch long past our service supported by our Republican col- know the Senator from North Carolina here. Although it seems somewhat easy leagues, but as chairman of the Vet- does—and all of us want to do the very to spend somebody else’s money, our erans’ Committee, I have worked as best we can. That is why I have worked kids want us to reform this, our vet- hard as I could—and I believe the rank- so hard with Members of my com- erans want us to reform this, the VA ing member knows this—to develop as mittee, with Republicans and Demo- wants us to reform this. best I could a bipartisan piece of legis- crats, to make this bill as bipartisan as Once we reform it, we can talk about lation. I remind all the Members of the it possibly could be. I am not here to expansion. Until then, it is irrespon- Senate and the American people this say it is 100 percent bipartisan. It is sible for the Congress of the United legislation contains a significant num- not. But we worked hard, and there are States—for the Senate of the United ber of provisions authored and sup- significant and major provisions in this States—to talk about dumping more ported by Republican members of the bill which come from my Republican people into a broken system, to ask Veterans’ Committee, including my colleagues because they were good those who have already waited so long friend from North Carolina. In fact, to ideas. As chairman of the committee, to wait longer because of our actions. the best of my knowledge, there are my view is we don’t reject an idea be- I yield the floor. some 26 separate provisions which Re- cause somebody has an ‘‘R’’ next to The PRESIDING OFFICER. The Sen- publican Members have authored or co- their name. If they have a good idea, it ator from Vermont. sponsored. That is not an insignificant is in the bill. Mr. SANDERS. I thank my colleague number. May I ask the President how much from North Carolina, the ranking Further, perhaps two of the most time remains. member of the Veterans’ Committee, prominent provisions are the omnibus The PRESIDING OFFICER. There is for his remarks. I look forward to de- bills. That is when we collect the num- 21⁄2 minutes. bating some of the issues the Senator ber of different bills and we put them Mr. SANDERS. I will very briefly raised because I think it is important into one pot. We did that on two occa- touch on some of the other provisions for not just the veterans of this coun- sions. As the ranking member knows, in the bill. try but the tens of millions of people the vote on each of those omnibus bills We restore full COLA for military re- who support our veterans to under- was unanimous. Every Democrat, every tirees. As we all know, the House and stand what we are trying to do to im- Republican, and the Independent chair- the Senate passed and the President prove lives for those people who have man of the committee voted for them. signed the bill to undo the provision in put their lives on the line to defend In truth, other important provisions the Budget Act, but they did not in- this country. were passed—not unanimously, of clude those members of the military

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.038 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1027 who signed up after January 2014. They Iran or ObamaCare or gay marriage or Standing Rules of the Senate, hereby move are still suffering from a cut in the whatever it may be. I guess those are to bring to a close debate on the motion to COLA. We address that. good political issues for some people. I proceed to Calendar No. 301, S. 1982, the Com- This bill does expand VA health care hope people understand how significant prehensive Veterans Health Benefits and Military Retirement Pay Restoration Act. and among other ways it provides den- and important the issue itself is—the Harry Reid, Bernard Sanders, Tom Har- tal care. I don’t know about other needs of our veterans—and we stay fo- kin, Brian Schatz, Mary L. Landrieu, States, but in my State—and I suspect cused on that issue as we bring forth Jack Reed, Jeanne Shaheen, Tim all over this country—in talking to amendments. Kaine, Christopher A. Coons, Patrick veterans, they think dental care is part With that, I yield the floor. J. Leahy, Robert P. Casey, Jr., Joe of health care. Right now, except for The PRESIDING OFFICER. The Sen- Donnelly, Jon Tester, Barbara Boxer, service-connected situations, dental ator from North Carolina. Richard Blumenthal, Sherrod Brown, care is not provided. We have a major Mr. BURR. Mr. President, I thank my Barbara Mikulski. pilot project to say to veterans: Yes, colleague, the chairman of the com- The PRESIDING OFFICER. By unan- dental care is part of VA health care mittee. He is right when he said we imous consent, the mandatory quorum and you can get that. have a lot of agreements. As a matter call has been waived. The question is, As to advanced appropriations for the of fact, about 80 percent of the policies Is it the sense of the Senate that de- VA, not everybody knows this, but we in his bill are in my alternative bill, bate on the motion to proceed to S. were 7 to 10 days away from disabled but I have a big problem with the other 1982, a bill to improve the provision of veterans not getting their checks when 20 percent. I have a problem with the medical services and benefits to vet- the government was shut down. This cost. I have a problem with the unin- erans, and for other purposes, shall be legislation ensures veterans receive tended consequences. I wish we could brought to a close? consistent access to the benefits they figure out the intended consequences, The yeas and nays are mandatory have earned by establishing advanced but we cannot because there has not under the rule. appropriations for the mandatory ac- been much time to do it. The clerk will call the roll. I look forward to the next several The legislative clerk called the roll. counts at VA. days. I believe the chairman made a The PRESIDING OFFICER. Are there We move forward in a bipartisan way plea that the amendments be limited any other Senators in the Chamber de- to end the benefits backlog. My col- to VA issues. That might be possible if siring to vote? league from North Carolina pointed out the minority had the opportunity to Mr. DURBIN. I announce that the it is a serious issue. Everybody agrees amend legislation in this institution. I Senator from Florida (Mr. NELSON) is it is a serious issue. I think the VA is think we have had four votes on Repub- necessarily absent. making some progress. This legislation lican amendments since July. To sug- The yeas and nays resulted—yeas 99, has significant language to help the VA gest that Iran is not important is, in nays 0, as follows: move forward in that area. fact, turning a blind eye on the world. [Rollcall Vote No. 44 Leg.] This legislation would extend from 5 In my bill I have a piece of legisla- YEAS—99 years to 10 years unfettered access to tion that is cosponsored by 59 Senators, Alexander Franken Moran VA health care for recently separated and it is bipartisan. My legislation is Ayotte Gillibrand Murkowski veterans to address their health care Baldwin Graham Murphy the Iran sanctions bill. Why? Because Barrasso Grassley Murray needs early. it is the only way we can get this to This legislation renews our vow to Begich Hagan Paul the floor. We have been denied the op- Bennet Harkin Portman hire veterans, making sure veterans portunity to deal with this issue in any Blumenthal Hatch Pryor get the employment opportunities Blunt Heinrich Reed other way. This is important to the many are now lacking when they come Booker Heitkamp Reid American people, and it is important Boozman Heller Risch back from Iraq and Afghanistan. to our friends and allies around the Boxer Hirono Roberts This legislation deals in a significant world. I am sure it will dominate part Brown Hoeven Rockefeller way with the horrendous issue of sex- Burr Inhofe Rubio of the debate. ual assault, making sure victims of Cantwell Isakson Sanders Make no mistake about it, the one Cardin Johanns Schatz sexual assault—women and men—get matter the chairman didn’t point to Carper Johnson (SD) Schumer the care they need at the VA. Casey Johnson (WI) Scott was what we are fixing. We are adding Chambliss Kaine Sessions I will conclude by saying this is a se- a lot of stuff, but we are not fixing any- rious bill which deals with a very seri- Coats King Shaheen thing. Ask any veteran. Coburn Kirk Shelby ous issue. My hope is every Member The PRESIDING OFFICER. The Sen- Cochran Klobuchar Stabenow treats the needs of veterans with the ator’s time has expired. Collins Landrieu Tester respect they deserve. I look forward to Coons Leahy Thune Mr. BURR. Mr. President, I ask for Corker Lee Toomey the debate which I am confident we an additional 30 seconds. Cornyn Levin Udall (CO) will have. The PRESIDING OFFICER. Without Crapo Manchin Udall (NM) Clearly, this is not a perfect bill, and objection, it is so ordered. Cruz Markey Vitter I know there are Members who have Donnelly McCain Walsh Mr. BURR. If you ask any veteran Durbin McCaskill Warner ideas as to how they can improve it. about the areas that need reform, I be- Enzi McConnell Warren This is what the legislative process is lieve they would tell Chairman SAND- Feinstein Menendez Whitehouse Fischer Merkley Wicker about. My sincere hope, however, is ERS , just like they would tell me: Yes, Flake Mikulski Wyden amendments which are brought forth there are a lot of places that need re- deal with veterans issues and not form. To suggest that should not be NOT VOTING—1 amendments which are not relevant part of this debate is ludicrous. Nelson and not germane to this discussion. I look forward to the next several The PRESIDING OFFICER. On this The PRESIDING OFFICER. The Sen- days, and I urge my colleagues to sup- vote, the yeas are 99, the nays are 0. ator’s time has expired. port getting on this bill and to vote Three-fifths of the Senators duly cho- Mr. SANDERS. I ask unanimous con- yea when they come to the floor for sen and sworn having voted in the af- sent for an additional 30 seconds. this next vote. firmative, the motion is agreed to. The PRESIDING OFFICER. Without I thank the Chair and yield the floor. The Senator from Oklahoma. objection, it is so ordered. CLOTURE MOTION Mr. COBURN. Mr. President, I would Mr. SANDERS. The ranking member The PRESIDING OFFICER. Pursuant like to spend a little bit of time offer- and I have disagreements, and that is to rule XXII, the Chair lays before the ing a viewpoint different from the what the legislative process is about. Senate the pending cloture motion, viewpoint of the chairman of the com- Let’s debate the issues on the floor. which the clerk will report. mittee on this bill. I hope we show our respect to the The legislative clerk read as follows: First of all, I want to say by context veterans by not getting into issues that CLOTURE MOTION that my father and his two brothers all have nothing to do with veterans’ We, the undersigned Senators, in accord- served in World War II. My two broth- needs. I hope we are not off debating ance with the provisions of rule XXII of the ers served during the Vietnam era.

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.039 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1028 CONGRESSIONAL RECORD — SENATE February 25, 2014 There is no question we have an obliga- the level of care. I can assure you it As of February 15, 2014, the VA has tion to meet our commitments to those has not gotten any better. From my 677,000 claims pending for disability who have put their lives and futures on colleagues I speak to in the medical compensation. Why should it take a the line for this country. profession and from the veterans whom year for somebody who put their butt But it pains me that, although we I talk to who contact me, it has gotten on the line for this country and re- have increased spending 58 percent in far worse. It does not have to be that ceived an injury and is disabled? Why the VA programs since 2009, which was way, but it will always be that way if, should it take a year for us to deter- fiscal year 2010, what we have seen is a in fact, we continue to not hold those mine that we owe them an extra bit of complete lack of oversight of what is in leadership positions accountable for compensation and availability? happening. Let my give an example. not stepping to the bar for perform- What is being done to fix that? We The VA Committee in the Senate last ance, quality, and outcome. have a VA regional center in my home year held 30 hearings, 4 of which were From Congress to the Pentagon, we town, with good employees, hard-work- oversight. If you read the transcripts of must reassess what laws, regulations, ing employees. They are not destroying those hearings, you cannot call them and rules can be changed to ensure files so they can say they met a metric. that benefits and other decisions the oversight hearings even though they Veterans seeking mental health treat- Veterans’ Administration makes are were billed as oversight hearings. ment still experience weeks-long beyond reproach and based on the best Why is that important? It is impor- delays scheduling appointments. The facts available. Let’s ensure that the tant because there are a multitude of epidemic of overprescription of opi- Department’s limited resources are fo- significant, serious problems in the ates—let me say that again—there is cused on its core mission rather than Veterans’ Administration. Just 2 days an epidemic of overprescription of opi- disbursed in an effort to remedy every ago it was discovered that in an L.A. ates for those people who served our possible problem for every veteran. Re- VA clinic, the staff of the clinic de- country, making them dependent ad- member, when everyone is first pri- stroyed the medical records of thou- dicts because we give them the wrong sands of people so that when they do ority, no one is. That is what this bill is. We diminish the priority of the com- treatments. the metric on how far behind they are, There are avoidable veterans deaths we cannot measure it; or the fact that mitments we have made to the vet- erans who are out there today. at the VA. In a recent story by CNN on 82 veterans last year died of car- misdiagnosis and improper care for cinomas through delayed diagnosis be- Our veterans are looking to us for help. We are about to enact legislation gastrointestinal conditions, there were cause they could not get a diagnostic 2-year consultation delays—2 years to procedure, such as a colonoscopy; or that is going to further strain the abil- ity of the VA to do its most basic get in to see a specialist at the VA the fact that we have all these veterans charge: help with the health care, men- when you are losing blood. How do we who cannot access mental health care, tal health, and capability of those who explain that? Who is accountable? We and we see the suicide rate—unaccept- have put it all on the line for this are, because we are not holding them able, to say the least. accountable. So we have a bill on the floor that country. It is shameful that Congress now is There were 82 deaths last year massively—and that is a small word for trying to claim credit for providing alone—I am sure that is a far under- what this bill does—massively expands new benefits while our old promises are statement—because of delayed diag- the authority and the ability of the VA forgotten. Our heroes—our heroes—are nosis for just investigative to offer care to another 14 million vet- literally dying at the hands of mal- endoscopies. That is just what is docu- erans—from 6 million to 20 million. practice, incompetency, and delay. On a system today that cannot keep mented. How do we accept that? Had If we really wanted to care for our they been in the private sector, they up, we have 600,000 people waiting for a veterans—those with service-connected disability determination. We are not would not have had a delay. They disabilities—what we would say is, go would not be dead. having oversight hearings on that. We wherever you want to go to get what- are not having oversight hearings on a So here is the proposal that I would ever you need because you served this put out. Do our veterans deserve the South Carolina VA hospital where peo- country. And it actually would cost ple are dying from malpractice like best of care in this country? I think less. But because we pile them into a they do. Should they be able to get crazy. We are not having the oversight broken system now—and that is not all hearings to hold the VA accountable. that care where they know the quality, VA organizations. Let me clarify that. they know the outcomes and the trans- What we are doing is putting a bill to There are some excellent VA hospitals expand their responsibilities instead of parency as to what their future might that do great work. Their specialists be or must they be forced into a system holding them accountable for the re- are far ahead of the private sector. But sponsibilities they have today. That is that is going to give them something on general grounds, to put a veteran at less? That is where we are today. what we should be doing. Instead, we a place with less than the best possible The chairman in his bill increases VA are going to add $60 billion. And that is care dishonors their service to this medical care for everybody who served a conservative number. That is my country—dishonors their service to our without a disability. What will that do number. country. But all you have to do is look at Veterans are our heroes. They are to the VA system? We cannot handle what the cost and the efficiency and the symbol of our country of sacrifice, what we have in front of us now in the outcomes are through the VA sys- of giving for others. Yet we have four terms of those who have a percentage tem to see that we are going to dimin- oversight hearings in a year? With the medical disability that allows them ac- ish the veterans caregiver program by multitude of problems that are going cess to the VA health care system. expanding it to everybody. We are on in the VA hospitals and the Vet- So when you triple that or more than going to create all sorts of new pro- erans’ Administration in terms of dis- triple it, where are the resources? If we grams and no resources to actually ability determination, we have four? really mean what we say in this bill, provide them. And we are going to cre- The House had 34 oversight hearings, you are talking hundreds of billions of ate more advanced funding, advanced and they were rigorous. When you ask dollars over 10 years. You are not talk- appropriations, which will limit our members of the committee: Have you ing the $30 billion that the chairman ability to hold them capable and cul- read the House oversight hearings? No. says is what the cost is. You are talk- pable in the future. They had 26 regular hearings and 34 ing hundreds of billions. But the point There are a lot of things we ought to oversight hearings trying to hold the I would make is we have an infrastruc- be doing for our veterans right now VA accountable. ture out there that can care for our that are already in law that we are not We are not going to hold the VA ac- veterans. It is the hospitals all around doing, and we come to the floor with a countable with this bill. We are going the country. It is the doctors all massive expansion at a time when we to make them less accountable. And around the country. Does a veteran not cannot even care for what we are that is a disservice to the very people have the right to get the best care? doing. As a physician who trained in who have honored us by serving in the Should we not give him a card and say: VA hospitals, I know the difference in military of this country. You served this country. Here is your

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.041 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1029 service connection. Here is your dis- can guarantee that the veterans who VA—this is the GAO—has no idea how ability. You can get care at a VA hos- are getting care now are going to get long most patients wait to receive pital, if you want, or you can get care poorer quality and less access to care. care. They do not even know their own wherever you want. You can guarantee that. That is what metrics. But I will guarantee you what will this bill is really about. This bill is It is unclear how long veterans are waiting happen is, if we give what was prom- really about a decrease in the require- to receive care in VA’s medical facilities be- ised to the veterans—not what we are ments for care for our veterans. It is cause the reported data are unreliable, be- giving today—real care, real oppor- not about an increase. It is about a de- cause VA hospitals have tried to cover up tunity with real transparency as the crease because when you flood that wait times, fudge numbers, and backdate de- outcome, what you will see is marked system with people who do not have a layed appointments in an effort to make things better than they are. improvement in care, marked improve- service-connected disability, what will ment in outcomes, no change in addi- happen is this. Easy goes first and hard That is directly from a GAO report. tional cost—no change in additional goes last. I have seen that in the VA Where is the oversight hearing on that; cost—and access that is promised but my whole life. or the L.A. facility that just destroyed not denied and delayed. There is also an expansion in the medical records so nobody could know In one South Carolina VA facility caregivers program. I am not sure I dis- how long people had been waiting for alone, 20 veterans are either dead or agree with it. But certainly, for those appointments? dying of cancer because of delayed di- after 9/11 a commitment ought to not Based on GAO recommendations to agnoses. They had the symptoms and be diminished if we expand this pro- improve reliability of reported wait presented them to the hospital, but be- gram. The minimum cost for that is times for new medical appointments in cause of delay and incompetency—just $9.5 billion. The VA has not yet met its 2013, the VA changed the way it tracks that one hospital. full obligation under the VA caregivers and calculates its performances. Using The other thing we know is veterans’ law that we have today. Yet we are not the new tracking method in 2013, the malpractice claims are markedly in- holding them accountable. VA reported only 41 percent of veterans creasing—markedly. All you have to do There is another area in this bill that were scheduled for a new primary care is look at the OIG report on the claims I think is tragic. It is well intended, appointment and only 40 percent of of deficiencies at the VA in New Haven, but it mandates that the University of veterans were scheduled for a new spe- CT. Contamination, cross-contamina- West Virginia or the University of cialty appointment within the 14-day tion, inadequate procedures for infec- Oklahoma must give in-State tuition standard. tion precautions, absence of employees to anybody from anywhere that has So 40 percent of the time, with the 6 that are supposed to be on duty when ever served or they lose their benefits million veterans we have now, they are they are not, failure to clean operating under the GI bill. That totally ignores getting adequate timely care, and 60 rooms properly, failure to have the the Constitution in this country. percent are not. Yet we are going to ex- proper ventilation system in an oper- Now, 20 States have already said they pand that to 22 million, and we don’t ating room for a contaminated case. are doing that. Ten others have bills in have the resource base or the facility That is just one hospital. the process. Eight others have a par- base or the employee base or the pro- What does that mean in real life? tial. So we are at 38 of the 50 States fessional base or the caregiver base to What that means in real life is the risk right now. But in our vision, we are do that? for iatrogenic or facility or physician- going to mandate that the Tenth In contrast, in 2012 the VA reported caused infection goes through the Amendment does not mean anything, that 90 percent of new primary ap- roof—not the fault of the physician but that the 80 percent of funding on high- pointments and 95 percent of specialty the fault of the VA for not managing er education in Oklahoma that comes appointments had met the 14-day the system properly. from people in the State of Oklahoma, standard. Former VA epidemiologist, Dr. Ste- that we can co-opt that and coerce The VA exam requests backlog purge. ven Coughlin, testified before the them and tell them what they are VA employees destroyed veterans’ House Veterans’ Affairs Committee going to do. medical records to cancel backlog that the VA failed to follow up on over It is well intended. But it is certainly exam requests. 2,000 veterans who indicated in VA sur- not constitutional. It certainly does That is from Patrick Howley, again. veys that they were experiencing suici- not respect the Tenth Amendment of Oliver Mitchell, a marine veteran dal thoughts. When the HVAC followed the United States. Does Oklahoma or and former patient services assistant up on Dr. Coughlin’s claims, they found West Virginia have the right to make a at the Los Angeles VA system, told the that they were validated. Unfortu- decision on who they give in-State tui- Daily Caller: We just didn’t have the nately, too many of those who had sug- tion to? Why not just pass a law that resources to conduct all those exams. gested their problems committed sui- says: Every State will give in-State Basically we would get 3,000 requests a cide. It is a little late. tuition to everybody. month for medical exams, but in a 30- Because Dr. Coughlin brought this The reason it was connected with day period we only had the resources to up, he was admonished, bullied, and in- States is because of State funding. We do about 800. That is 25 a day. That timidated for speaking about the eth- totally trample that. Again, the ad- rolls over to the next month and cre- ical lapses at the VA. Where is the vanced appropriations will limit our ates a backlog. It is a numbers thing. oversight hearing? You see, if we are ability to hold those people account- The waiting list counts against the not going to hold the VA accountable, able for the very things that I have de- hospital’s efficiency. The longer a vet- the quality of care is not going to rise scribed to you. But we are going to do eran waits for an exam, it counts to the level that our veterans deserve. it anyway. against the hospital as far as produc- Another area is this. The VA wasted A proposal to expand VA advanced appro- tivity is concerned. Some patients were $3 billion over the past 10 years because priations needs to be considered by the ad- waiting 6 to 9 months for an exam, and they failed to secure competitive mar- ministration as a part of an across-the-gov- the VA didn’t know how to address the ket prices for surgical implants. That ernment review of the advantages and dis- issue. advantages of such progress, not only for the Is the answer to open this to another is $3 billion. That is documented. That VA but potentially other programs and agen- is a GAO study. GAO did that. We did cies. Only in the context of such a broad re- 16 million veterans or is the answer to not do it. We did not find it. Oh, by the view could the administration offer an opin- improve the efficiency, transparency, way, at the end of the year when they ion on making such a change for the VA. quality, and outcomes of the present had some money to spend, about Therefore, we cannot offer a position. VA system before we go about expand- $600,000 worth of artwork was pur- That is from the VA. The real answer ing this system to people who are oth- chased, instead of putting it into addi- is: Give us advanced appropriations, erwise covered? tional doctors, cleaning operating and then it is only after the fact that Mr. Mitchell, when he tried to sound rooms, additional people to secure you can hold us accountable, not dur- the alarm on the VA’s deliberate at- clearances on disability. ing the fact. tempt to fraudulently reduce the back- By expanding VA care and the poten- Here is another GAO study that we log, was transferred out of his depart- tial of 22 million more veterans, you should be highly concerned about. The ment and eventually terminated from

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.044 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1030 CONGRESSIONAL RECORD — SENATE February 25, 2014 his job. After he contacted Congress in tening. He repeatedly indicated this to be diminished, that simply is not 2011—2 months later when the VA legislation opens the door to every one true. That is not what the bill says. found out about it—he was fired. of the 22 million veterans in America, Thirdly, let me reiterate some of the So do we really want transparency in and then proceeded to say that once provisions in this bill, because before what we are doing? Do we really want you open the door, you are going to we vote on final passage—and, by the to know what is going on? Do we really have inadequate care because we don’t way, I want to take this opportunity to want to fix the system? Do we really have the resources to take care of 22 thank every Member of the Senate for want to offer health care to veterans million veterans. That simply is inac- voting to proceed. I think it is time we and make it equal to what they can get curate and that is not in the legisla- had some very serious debate about VA in the private sector or do we want to tion. health care, and now is the time to do say we want to offer all these new ben- There is nothing in the legislation it. But let me reiterate a point I made efits at the same time we are not meet- that says we open the door to every earlier. Senator COBURN raised impor- ing our commitment on the benefits we veteran in America regardless of in- tant issues, Senator BURR before him have already promised? That is the come. So when people talk about the raised important issues, and we should game that is being played. VA suddenly being flooded by veterans debate those issues. But in all due re- Earlier I said the VA said the Com- and care being diminished because of spect for the veterans of this country, mittee on Veterans Affairs held 30 the huge increase into the system, that who have sacrificed so much, let us not hearings. They only held 16—16 hear- is just not true. politicize this debate on veterans ings; 1 every 3 weeks. What is true? What is true right now issues by bringing in sanctions against The annual budget of the Department is we have an absurd and complicated Iran or let us not bring in ObamaCare, of Veterans Affairs exceeded $134 bil- income eligibility system throughout let us not bring in the dozens of other lion a year. Delay in vet care is not for this country. What happens in the issues that are out there. Let us debate the lack of money. The delay in vet State of Vermont or the State of Cali- this issue on its merits. Let us bring care is not for the lack of money, it is fornia—one’s eligibility for the VA, if forth amendments which deal with vet- you are a priority 8—is different and for the lack of accountability in man- erans issues. dependent upon the county in which agement. Case in point: More than 20 Senator COBURN and Senator BURR you live. So in Vermont, you can be veterans have died or are dying due to have amendments which deal with vet- living in a county where if your income late diagnosis and treatment of cancer erans issues. I welcome those amend- level is $45,000 a year you are eligible at the William Jennings Bryan Dorn ments. Let us have those debates. No- for VA health care, but in a county Veterans Medical Center in Columbia, body ever suggested this bill is perfect. where the line is drawn just across the SC. Documents show only one-third of There are a lot of Senators out there, street, you may not be eligible. In that $1 million appropriated by Con- Democrats and Republicans, who have States such as California or Georgia, gress to fix the problem was used for ideas about how we can improve the which have many, many, many coun- its intended purpose at that VA facil- services and the programs we provide ties, you have the absurd situation to veterans. I welcome those ideas. But ity. Only one-third of the money we ap- where a person living on one side of the propriated to fix this problem was ac- do not destroy this legislation by po- street is eligible for VA health care, liticizing it, by doing what we have tually used to pay for care for veterans but the person living on the other side on waiting lists. At the same time, the done month after month, year after of the street is not eligible for VA year, which is why the American peo- documents show the waiting list at health care. ple have so much contempt for what Dorn kept growing to 3,800 patients in This is totally absurd, and we end up goes on in Congress. Let us focus on December of 2011. having hundreds and hundreds and hun- I will be back to speak on the floor veterans issues. dreds of different income eligibility We have differences of opinion. Let and offer amendments. I have pages standards. So what this legislation us debate those issues. Let us not bring and pages of examples of veterans who does is not open the door—and I hope in extraneous matters, poison pills, served this country honorably, proud- my Republican colleagues will not con- which will give people a reason to vote ly, and sacrificed to a great extent, tinue to say it because it is not true— against this bill. Let us debate vet- who are getting substandard care in but it does say that in a State where erans issues. the system we are offering them today. you have different income eligibility Let me talk about some of the issues Before we expand that system, what is standards based on counties, what we in this bill that my Republican col- needed is a rigorous oversight and de- will do is have one income eligibility leagues did not talk about. No. 1, I am bate about how we are doing what we standard per State, that being the proud—I hope we are all proud—that are doing now. highest level. So we will have 50 dif- recently we made sure the promises The promise of access to care for our ferent standards—50 different stand- made to military retirees were kept, veterans, as shown by VA centers and ards for 50 different States—not have that we rescinded the 1-percent COLA clinics all across this country, hos- hundreds and hundreds and hundreds of decrease that was in the bipartisan pitals all across this country, diag- different standards. In every State budget agreement. But we did not go nostic procedures all across this coun- there will be an income eligibility far enough. Men and women who are try, reflects that when access is de- level, but it will not open the door for joining the military after January 2014 layed, that care is denied. And that is health care to 22 million veterans. are still subject to that decrease in what is happening right now far too Second of all, we were very careful in COLA. often to the people who have served this legislation to say, if a veteran Are we in favor of keeping promises this country. We ought to be about fix- who, under this bill, would be eligible to all veterans, including the new ing that and holding accountable those for VA health care, a veteran who can members of the Armed Forces or are in the responsible positions, and hold- newly access VA health care, we abso- we not? Let us debate that issue. I be- ing ourselves accountable to do what is lutely have to have the medical infra- lieve that we keep our promises to all necessary to give at least the standard structure available so that all veterans veterans. That is in the bill. If people of care they could get anywhere else in will get the quality care they need; so want to oppose that, they have the the country. That is the direction in that new veterans coming in will not right to oppose that. which we should go. diminish service for other veterans. In We have heard in several instances I thank the Presiding Officer for the this bill we make clear—and we made that the VA does not have the medical time, and I yield the floor. this clear in our long discussion with infrastructure to take care of the needs The PRESIDING OFFICER. The Sen- the Disabled American Veterans—the of veterans, and that is true. That is ator from Vermont. priority for the VA remains those vet- why in this bill we authorize the VA to Mr. SANDERS. Mr. President, I look erans who are injured in action, those enter into 27 major medical facility forward to discussing in the next sev- veterans who need that care. That is leases in 18 States and in Puerto Rico— eral days the issues Senator COBURN the highest priority that we establish. 18 States and Puerto Rico. raised, but I did want to make one clar- So when people say we are opening So don’t come forward and say ‘‘gee, ification, and I hope the Senator is lis- the door to all veterans, care is going VA does not have the infrastructure to

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.045 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1031 take care of veterans needs’’ but then does not have its share of problems. Is it fast enough for me? No, it is not. vote against a provision that signifi- The difference between the VA and But Secretary Shinseki has told me cantly expands VA health care capa- many private or nonprofit hospitals personally and our committee that bilities. I talked a moment ago about is—and it should be this way—by law, they are on track, so by the end of 2014 what we mean by expanding VA health every problem at the VA makes it to all VA claims will be processed within care. We do away with the absurdly the front pages. My guess is that if a 120 days with 98 percent accuracy. That complicated bureaucratic situation hospital in West Virginia or Vermont is pretty good. Just think for a mo- that now exists in which there are hun- screws up, they don’t necessarily make ment what a huge task that is. Indi- dreds of different income eligibility it to the front pages. Because VA is vidual veteran files wider than this, standards in the 50 States of the coun- public and by law they have to be with years and years of records, have try. We reduce it to 50. In California or transparent, they are on the front to be put into a digital system. That is Vermont, you will know whether you pages. what they are doing, and they are mak- are eligible for health care as a Pri- In terms of advanced appropriations ing progress. In this legislation, we ority 8 veteran. for VA, my friends on the other side have brought forth Republican and Does it open the opportunity for have a bit of a problem with that. I Democrat ideas to make sure that they more veterans to come into VA health don’t. I find it interesting that when are, in fact, on target and that they care? It does. The reason is because VA our Republican colleagues in the House reach the very ambitious goals Sec- provides good-quality health care to shut down the U.S. Government be- retary Shinseki brought forth. our veterans, which is why the vet- cause they don’t like and wanted to So if you are interested in the claims erans throughout this country whom I defund ObamaCare, we were 7 days to backlog, vote for this legislation be- have talked to and in patient satisfac- 10 days away from preventing disabled cause we have bipartisan language in it tion surveys approve and are sup- veterans from getting the checks they to make sure veterans do not have to portive of VA health care. More want need in order to survive. So I believe wait years to get their claims proc- to come into the system. advanced funding for the VA to make essed. We heard just how terrible and awful sure that they are never put in that po- My friend from Oklahoma said he is VA health care is, and then we heard: sition again, that there is money in the not sympathetic to the idea that vet- We don’t want to open the doors be- bank to pay the benefits we owe to our erans should pay instate tuition, which cause it is going to be flooded with new veterans in the event of another gov- is essentially what we meant when we people coming into VA health care. ernment shutdown, is good public pol- passed the post-9/11 GI educational bill. You can’t have it both ways. If VA icy. Every time we bring forth legislation, As I mentioned earlier, when we talk health care is so terrible, why are you we hear all of the reasons why we about health care, in my view, we have afraid of new people coming into VA should not go forward in providing to talk about dental care as well. If health care? The answer is that if you services and benefits to our veterans. people do not have adequate dental go out to the veterans community, I would argue—and many economists care, it impacts their employability, they will tell you: Yeah, there are would agree with me—that one of the say if they are missing front teeth. problems in VA. But there are prob- most significant pieces of legislation People get sick from infections if they lems in every health care institution in passed in the modern history of the don’t have adequate dental care. I United States of America was the GI this country. Over 30,000 Americans die think we owe it to our veterans to bill of World War II. That bill said to every single year because they don’t make sure they do. get to the doctor when they should be- This legislation provides a pilot the millions of people who fought in cause they don’t have health care. I project for 30,000 veterans to begin to World War II, in that terrible war: don’t want any veterans to be part of access dental care within the VA. We When you come home, no matter what that number. will see how that pilot goes. I suspect your income is, you will be eligible to Hospitals all over this country are we are going to see a huge need out get a higher education. As a result of struggling with an epidemic of infec- there. And if some of my colleagues that legislation, millions of soldiers tions. The VA has done better than think veterans are not entitled to den- who returned were able to go to col- many other medical institutions in ad- tal care, then we have a difference of lege. They became businessmen, they dressing that. opinion. That is fine. Let’s debate it. became doctors, they became lawyers. In terms of telehealth—which is so But I think dental care is an intrinsic And one of the reasons the economy of important to veterans in my rural part of health care in general. I think the United States of America expanded State and in rural States all over the we have a dental care crisis in the significantly for the middle class was a country—guess which medical institu- United States of America and within direct result of that very important GI tion is leading the country in terms of the dental community. Right now den- bill. telehealth. It is the Veterans’ Adminis- tal care is available to those veterans What we said several years ago was tration. That means a veteran can who have suffered service-connected that we should take that premise and walk into a VA community-based out- dental problems but not available to apply it to the men and women who reach clinic in rural West Virginia and veterans in general. I want to change served post-9/11 in Iraq and Afghani- have a teleconference with a specialist that. stan. It was quite a political debate in any other part of the country. VA I have heard the discussion about the here. Some of my Republican friends has been cutting-edge in terms of tele- backlog. Every Member of the Senate had their doubts. We passed it, and health. is concerned about the backlog. We today over 1 million veterans and their We talk about medical technology have had hearings in the Senate about family members are now getting a col- and medical health care records. Guess the backlog. I am really glad that lege education. In my view, that was which health care institution in Amer- today people are concerned about the exactly the right thing to do. ica has led the effort in terms of med- backlog. I just wonder where they were One of the problems is that veterans ical and health care technology. It has 5 years ago when—before Obama be- move about. So if they go from the been the VA. came President—the VA was probably State where they have lived their So I find it interesting that on one the largest institution in this Nation, whole life—for example, they lived in hand some of my colleagues tell us how if not the world, that still did all of its Vermont and go to California—and the terrible VA health care is, and on the benefits processing work on paper, not GI bill promises them instate tuition, other hand they are nervous that hun- digitally. it turns out the tuition in the State dreds of thousands of veterans may When Secretary Shinseki became they are in now may be a lot higher want to access VA health care because, Secretary of the VA, he said: We are than in their home State and some- in fact, it is one of the best health care going to bring the VA into the 21st cen- times makes it impossible for them to institutions in the country. tury. We are going to go from paper to go to college. Does VA have problems? Of course it digital, to an electronic system. We agree with virtually all the vet- has problems. I am not aware of any That is what they have been doing, erans organizations that the intent of health care institution in America that and what we have seen is real progress. the post-9/11 GI education bill was to

VerDate Mar 15 2010 00:27 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.047 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1032 CONGRESSIONAL RECORD — SENATE February 25, 2014 make sure they get instate tuition. So and women being sexually assaulted. I all over the country which they can ac- if somebody from California comes to know the Department of Defense is cess. Vermont, they get our instate tuition. working hard to address this issue, but I will conclude for the moment by If somebody from Vermont goes to the fact is that many veterans who saying I very much appreciate the fact California, they get their instate tui- came home from war were sexually as- that every single Member of the Sen- tion. Not doing so denies many people saulted. This legislation contains im- ate—I believe there were 99 votes— a higher education. portant provisions that would improve voted to proceed on this debate. I look Previously, this Congress passed lan- the delivery of care and benefits to vet- forward to this debate. It is an impor- guage which says that if you served in erans who experienced sexual trauma tant debate. I look forward to serious Iraq and Afghanistan, you are going to while serving in the military. amendments which address the needs get 5 years of free health care, which This provision was inspired by Ruth of veterans. I think it would be very was the right thing to do. It turns out Moore. She struggled for 23 years to re- disrespectful to the veterans commu- not everybody learned about the ben- ceive VA disability compensation. This nity if we started injecting into this efit. Four or five years have come and is a woman who was sexually assaulted debate totally extraneous and highly gone. What we say to those veterans is, and had a very difficult time proving political and partisan issues. we are going to give you another 5 that and getting the care she needed. The issue of sanctions in Iran is a years to take advantage of that provi- We address that issue in this legisla- very important issue. People have hon- sion. tion. est differences of opinion. That is not Senator MURRAY from Washington— In 2010, the Congress took a very sig- an issue regarding VA health care. It is the former chair of the Veterans’ Af- nificant step forward in saying to fam- not an issue regarding the caregivers fairs Committee who preceded me—and ily members who were caring for dis- program. It is not an issue regarding Senator REID earlier today talked abled vets that we understood how ter- dental care for our veterans. about the employment situation for ribly difficult it is for them. There are Let’s respect veterans and have this veterans. I think we all know we are in wives, sisters, brothers, and other fam- debate on veterans issues and not on a tough economy. Real unemployment ily members who, 7 days a week, 24 extraneous political issues which will is close to 13 percent. Youth unemploy- hours a day, are on call for veterans divide us. Let’s try to come together ment is higher. So when somebody who who have suffered serious injuries, and and not be divided. gets out of the service and comes home that is tough. That is very tough and With that, I yield the floor and note to look for a job—it is hard to do. stressful. There are wives and sisters the absence of a quorum. I believe we have to do what we can and brothers out there who don’t get The PRESIDING OFFICER (Ms. WAR- to make sure that when people leave any time off. They are on call 7 days a REN). The clerk will call the roll. the service they can find a job. That is week. The assistant legislative clerk pro- what this legislation does. We also We passed a caregivers act that pro- ceeded to call the roll. want to make sure the skills acquired vides a modest stipend. It provides Mr. RISCH. Madam President, I ask by the men and women of our Armed training and time off for people who unanimous consent that the order for Forces while on Active Duty or in the are caring for veterans 7 days a week. the quorum call be rescinded. National Guard become applicable to It says, you can have a day off. We will The PRESIDING OFFICER. Without civilian life as well, and we have lan- send in a nurse. We did that for post-9/ objection, it is so ordered. guage in this bill that does that. 11 veterans. The truth is there are tens REMEMBERING MAYOR MARSHA OGILVIE There is another issue which I didn’t of thousands of families who are expe- Mr. RISCH. Madam President, I rise hear my Republican colleagues talking riencing and going through the same today to pay tribute to a distinguished about but which is a very important issues and have been doing so for dec- Idahoan, Marcia H. Ogilvie, a loyal and part of the bill. We have a situation ades. I believe it is appropriate that we steadfast mayor of Sandpoint, ID. where some 2,300 veterans who served expand the caregivers act to every gen- On January 8 of this year Mayor in Iraq and Afghanistan have come eration of veterans and make sure that Ogilvie lost a valiant battle with can- back with a variety of wounds that those families get the help they need. cer, and my State lost a good friend, a make it impossible for them to have I have heard some of my Republican champion for women and children, and children. I will give one example. colleagues say this legislation simply a tireless public servant. Army veteran Matt Keil of Colorado opens the door to every veteran in Mayor Ogilvie was born at March Air was wounded by sniper fire in Iraq in America to come in, and that when Force Base in southern California and 2007. The sniper’s round struck Matt’s they come in, the quality of care is moved to the great State of Idaho in neck, causing severe damage to a vital going to be diminished. That is simply 1994. In the 20 years she made Idaho her artery and his spinal cord. Through an inaccurate statement, and I hope home, she distinguished herself in serv- sheer determination and with the love my colleagues read the legislation be- ice to others. As she once said—and and resolve of his wife Tracy, Matt’s fore they repeat that. It is not true. many in Sandpoint now say—she won condition improved. He and Tracy What we do is end the absurd and com- the hearts and minds of the people in began to consider having children. Doc- plicated situation of having hundreds Sandpoint. tors assured them that having children and hundreds of different income eligi- Elected mayor just 2 years ago, and could be possible with the help of in bility standards. Instead of many hun- having served the previous 2 years on vitro fertilization. The Keil family paid dreds of standards, there will be one in the city council, Mayor Ogilvie leaves more than $30,000 for reproductive each State, and it will be the highest a giant hole in those hearts and in the treatments. standard, which will mean that more broader community. The business and In the legislation on the floor now, veterans are able to come into VA professional experience Mayor Ogilvie we say that is wrong. If a servicemem- health care. It does not open the door. brought was wide and varied and ber who was injured in war wants to We have been clear in saying we will earned her the respect of many. have a family and is unable to have a not bring more veterans in until we Early in her career, she served in res- family, we should make it possible for make sure we have the infrastructure taurant and retail management. When them to do so. If some of my colleagues to deal with those veterans. she and her husband Francis arrived in on the other side disagree, that is fine. Some people have said: Well, why do Sandpoint, they opened a couple of Let’s have that debate. I think we owe you want to bring more veterans into small businesses—the Candy Cottage it to the 2,300 men and women who the VA? The answer is pretty simple. I and All Smiles, a gift shop. But Marsha were wounded in battle. They should talked to many veterans in Vermont Ogilvie was not just about business. have the opportunity to raise a family. who would like to get into VA health She cared deeply about the health, wel- We all know that one of the uglier as- care because of the respect and the fare, and success of women and chil- pects of military service in recent knowledge about the needs of veterans dren. years has been the epidemic of sexual and the high quality of care they get, Soon after moving to Idaho, and well assault. When we send people into the and the fact that there is a strong net- before entering public service, she es- military, we do not want to see men work of primary health care facilities tablished Kinderhaven, a nonprofit

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.048 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1033 community organization which is dedi- Politico wrote about it too. They That is 43 percent of the total Medicare cated to supporting children in crisis. said: cuts, just for this one program. So 29 Founded in 1996, and under the vision The Obama Administration is proposing a percent of America’s seniors rely on and compassionate care of Marsha major cut in 2015 payments to Medicare Ad- Medicare Advantage. Because about 29 Ogilvie, more than 1,300 children have vantage. percent of seniors on Medicare are in found the all-important help they need- Fifteen million Americans depend on Medicare Advantage, they are respon- ed in times of their great distress. So these health insurance plans the Presi- sible for 43 percent of the cuts. important to the Sandpoint commu- dent wants to cut. Because of these cuts and other nity, Kinderhaven was named the Instead of listening to seniors and in- changes in the law, fewer private grand prize winner in the 2002 Gov- vesting in a program that works well, health care plans are going to be able ernor’s Brightest Stars Awards. the Obama administration is doing ev- to participate in Medicare Advantage In addition, Mrs. Ogilvie, who crossed erything conceivable to make sure in the future. That means a number of paths with many women serving as vol- Medicare Advantage fails. things. It means some people who rely unteers in the Sandpoint community, Back in December the press gave on these plans are going to find out started Women Honoring Women. It President Obama the Lie of the Year their plan is being canceled entirely. was designed to be a one-time event, Award for his statement that if you Some people in Iowa—thousands of but it has evolved since 1999 into an an- like your health care plan, you can people in Iowa—have already gotten nual event to recognize and honor keep it. Millions of people across letters canceling their Medicare Ad- women in Bonner County, ID. It recog- America have now gotten letters say- vantage plan. nizes women 65 or older who are work- ing their insurance plans are being can- The Kaiser Family Foundation ing to make a difference in the lives of celed because of the Democrats’ health looked at what the President’s health others, who love to learn, and who ex- care law. By cutting Medicare Advan- care law does to seniors and they said hibit qualities of leadership. tage, I tell my colleagues, the Obama that about a one-half million patients Marsha Ogilvie recognized these administration is now ensuring that will lose their existing coverage—sen- qualities in others because she too pos- even more Americans can’t keep the iors on Medicare Advantage. These sen- sessed them—well, all but one. She was health care plan they like. iors are going to have fewer options to only 64 when she passed away. Twenty-nine percent of all Medicare get the care they need from the doctor If these achievements were not patients have chosen to enroll in Medi- they choose at a lower cost. More of enough, Marsha Ogilvie joined with care Advantage. There is a reason for these people are going to be forced into three friends to co-author a children’s that. The Medicare Advantage Pro- a one-size-fits-all government plan. book which was just recently pub- gram lives up to its name by delivering They are going to lose the insurance lished. ‘‘Gigi’s Enchanted Forest’’ was clear advantages. The plans give extra they had, insurance they liked and a way to honor the life of a mutual benefits such as dental coverage, vision that worked for them. friend of theirs who shared their hope coverage, hearing benefits, wellness Some people may find their new in- for and love of children and a dedica- programs, and other benefits that are surance network doesn’t include the tion to community service. important to our seniors. Sometimes doctors they had before. We have seen Mayor Marsha H. Ogilvie personified they offer smaller copayments, lower this happening all across the country. a life of giving and caring. Her unparal- deductibles, and less out-of-pocket As the major provider of Medicare Ad- leled legacy of hard work, reaching out costs than the traditional Medicare vantage had to try to make it all work, to her community, and recognizing Program does. Sometimes seniors even they had to eliminate many doctors those who help others in volunteer pay a higher monthly premium for from their plans, so that those doctors service is indelibly etched on the these extra benefits, but often the ben- are not going to be able to keep their hearts and minds of those she served in efits are financed through plan savings patients and those patients are not Sandpoint, ID, and far beyond the city due to the programs and the way they going to be able to keep their doctors, limits. work. in spite of what the President told the May God bless her husband, her fam- For many seniors Medicare Advan- American people when he looked into ily, and the hundreds of Idahoans who tage is a good option. It is the right op- the camera and said: If you like your will miss her passion, exuberance, and tion for them. These are people who doctor, you can keep your doctor. spirit of joy. A lot of these people are going to see I thank the Presiding Officer and don’t have a lot of money but who still their costs increase. The Kaiser Family note the absence of a quorum. want the peace of mind that comes The PRESIDING OFFICER. The with good health insurance. Those sen- Foundation says the average out-of- clerk will call the roll. iors are now facing much higher costs pocket limit for Medicare Advantage The assistant legislative clerk pro- or lower benefits because of the Obama plans is going to increase by $464 this ceeded to call the roll. administration’s decisions rolled out year. The President and Washington Mr. BARRASSO. Madam President, I last Friday night. Because of this pro- Democrats said their health care plan ask unanimous consent that the order posal and the administration’s way to was going to save people money. That for the quorum call be rescinded. try to sneak it out on Friday, seniors is what the President told the country. The PRESIDING OFFICER. Without are concerned and anxious about what That is why he said he did this whole objection, it is so ordered. the administration is also hiding. health care law. He said it was going to Mr. BARRASSO. Madam President, I Ever since the President and Demo- save people money. That is what people ask unanimous consent to speak for up crats in Congress passed their health wanted. The President told people what to 15 minutes as if in morning business. care law, they have been going after they wanted to hear, but he failed to The PRESIDING OFFICER. Without seniors who rely on Medicare. They give them what he promised. That is objection, it is so ordered. raided a total of over $700 billion from why his credibility ratings are down. HEALTH CARE Medicare—and we discussed that dur- That is why people believe he misled Mr. BARRASSO. Madam President, ing the debate over the health care them intentionally, and that is why late in the day on Friday—after report- law. The money was taken from seniors this administration is viewed to be in- ers had gone home for the weekend— on Medicare not to strengthen Medi- competent by a majority of Americans. the Obama administration quietly re- care, not to secure the future of Medi- It turns out costs continue to go up be- leased its new Medicare Advantage care but to start a whole new govern- cause of the law. payment rates. The cuts the President ment program for other people. There This new round of cuts to Medicare wants to make to this program are po- is a whole new bureaucracy, and it has Advantage is just another example of tentially devastating to millions of been created by Washington Democrats how the health care law is wrecking Americans. in the health care law. our health care system, not fixing it. The next morning the New York ObamaCare specifically targeted the America’s health care system wasn’t Times’ headline read: ‘‘U.S. Proposes Medicare Advantage Program, signifi- working before, but the President and Cuts to Rates in Payments for Medi- cant amounts of direct and indirect the law Democrats voted for has made care.’’ payment cuts totaling over $300 billion. it worse.

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.050 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1034 CONGRESSIONAL RECORD — SENATE February 25, 2014 Medicare is headed toward bank- around the country’’—we are not talk- necticut, as in many States—this is the ruptcy, but the Obama administration ing about businesses or fast food article now: has rejected bipartisan solutions to re- chains; we are talking about cities, In Connecticut, as in many States, signifi- form and to strengthen the program. counties, public schools and commu- cant numbers of part-time school employees Through cuts such as the ones an- nity colleges around the country— work more than 30 hours a week and do not nounced last Friday, the President’s ‘‘have limited or reduced the work receive health benefits. health care law takes money from hours of part-time employees . . .’’ Quoting the superintendent in Medicare and uses it to pay for some- Why? ‘‘to avoid having to provide them schools in Meriden, CT: thing else. with health insurance under the Af- Are we supposed to lay off full-time teach- There was actually a double data fordable Care Act, state and local offi- ers? Are we supposed to lay off full-time dump that occurred on Friday: the cials say. The cuts to public sector em- teachers so that we can provide insurance Medicare Advantage cuts that were an- ployment, which has failed to rebound coverage to part-time employees? nounced late in the day, and then later since the recession’’—it says right The superintendent goes on to say: than that the CMS—the Medicare/Med- here—‘‘could serve as a powerful polit- If I had to cut five reading teachers to pay icaid services for the country—came ical weapon for Republican critics of for health benefits for substitute teachers, I out with their report and it reported the health care law, who claim it is am not sure that would be best for our stu- that two-thirds of small businesses creating a drain on the economy.’’ dents. that provide health insurance for their It is creating a drain on the econ- So I would ask the President of the employees would see their prices go up omy. We have two folks in the picture United States: What do you want? because of the health care law—two- in Medina, OH, working on a trash These are the choices that because of thirds of small businesses. These are truck. One of the gentlemen talks your health care law, crammed down ones that by law don’t have to provide about his hours being limited to 29 the throats of the American people, health insurance—with employees of hours. He called it ‘‘a hit to his wal- you are asking the public sector of our less than 50, they don’t have to, by law, let.’’ country to make. Get rid of five read- supply it, but they often do supply it. The President is fighting to talk ing teachers in Meriden, CT, to pay for They do supply that insurance. I think about raising the minimum wage, when expensive health insurance policies for about 17 million people get insurance people are actually losing take-home substitute teachers. That super- that way, through work—businesses pay. It is impacting their wages, the intendent is trying to say, I am not that are not mandated to supply the health care law is. It is impacting how sure that what the law requires would insurance, but they do it to get good much money they take home at the be best for our students. workers. As a result, what they are see- end of the week. I think this law was not well- ing is that their rates are going up. The next page talks about somebody thought-out, was not well planned. So I So that was part of the double data who works as a clerk in the parks de- will be interested tomorrow to see Sen- dump that occurred on Friday. partment saw her hours drop from 38 a ate Democrats come to the floor with It was interesting to see a note that week to 35 and then to 29. Why? Be- their ObamaCare PR counteroffensive came out of the Democrats’ lunch cause of the health care law and the 30- and explain to the American people meeting today. It was just reported in hour limit. why they are being faced with a disas- Roll Call magazine. It said: ‘‘A group of It is interesting to go through the trous Web site rollout 4 days after the Senate Democrats is expected to list of the different jobs of people who President told the American people it launch a counteroffensive in favor of are losing hours, who want to work. will be easier to use than Amazon and ObamaCare on Wednesday, a response These are hard-working Americans who cheaper than your cell phone bill and to persistent attacks on the law from are having their hours cut—public sec- you can keep your doctor if you like their Republican counterparts.’’ tor workers, people who work for cit- your doctor. Let them explain why 5 First, I will point out the attacks on ies, counties, public schools, commu- million people then got letters from in- the law are coming from American nity colleges. The list goes on: police surance companies saying their insur- citizens all around the country. It is dispatchers, prison guards, substitute ance policies have been canceled; why what we hear at townhall meetings and teachers, bus drivers, athletic coaches, the Web site failure is just the tip of it is what we hear as we travel around school custodians, cafeteria workers, the iceberg that the American people the country, people whose families are and part-time professors; office clerks, are seeing right now in terms of pre- noting that they are paying more and sanitation workers, park inspectors— miums going up, canceled policies, getting less, losing their doctors and all in all, people who are being hurt be- can’t keep their doctor, higher out-of- losing their insurance. But the report cause of the President’s health care pocket costs, higher copays, higher in Roll Call says: law and the mandates and the way it is deductibles, all in spite of the Presi- Democrats discussed the new endeavor put together by this President and the dent’s glowing promises which, in my touting benefits of the Affordable Care Act Democrats who voted for it. opinion, were made to deceive the during Tuesday’s weekly caucus lunch to a It is interesting to see the Senator American people in an effort to pass a warm reception, according to Connecticut’s from Connecticut mentioned here as health care law which many people see Christopher S. Murphy, who is one of the leading the effort, and I would rec- as bad for patients, bad for providers, senators leading the effort. A Senate Demo- ommend to him this article by Robert and bad for the taxpayers. crat aide said the formal rollout will come Pear in Friday’s New York Times, who I will continue to come to the floor Wednesday. goes specifically to the core of what is and talk about what I hear as I go I welcome the opportunity to hear happening in Connecticut, in that Sen- home to Wyoming each week in terms what the Democrats have to say be- ator’s home State. It says: of a health care law which is not pro- cause the damage being done by this Mark Benigni, the superintendent of viding the patients what they asked health care law to people all across the schools in Meriden, CT—a public school, pub- for, what they need, and what they country is significant. lic sector—and a board member of the Amer- were promised. It is interesting because all we need ican Association of School Administrators Thank you. I yield the floor. to do is turn to Friday’s New York said in an interview that the new health care The PRESIDING OFFICER. The Sen- Times, Robert Pear, an excellent writ- law is having ‘‘unintended consequences for ator from Illinois. er for the Times, who had, I thought, a school systems across the Nation.’’ Mr. DURBIN. Madam President, I fascinating story. He took two pages of This health care law is full of unin- wish to thank my colleague Senator the paper: ‘‘Public Sector Capping tended consequences. Now we have BARRASSO for coming to the floor, and Part-Time Hours . . . ’’ Public sector someone who is a board member for the now I would like to give a second opin- capping part-time hours. Why? Right American Association of School Ad- ion to what he has just said. here in the headline: ‘‘to Skirt Health ministrators saying that the health He said he wants to wait until tomor- Care Law.’’ care law is having unintended con- row to hear some success stories about Let me start: ‘‘Cities, counties, pub- sequences for school systems across the the Affordable Care Act. I am going to lic schools and community colleges Nation. He specifically says, in Con- give him a preview tonight.

VerDate Mar 15 2010 01:52 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.051 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1035 Ray Romanowski—62 years old, city ator from Wyoming, who is a medical are not going back to the days of dis- of Chicago, musician, part-time em- doctor and a man I respect, to join us crimination based on preexisting con- ployee, barrel-chested Polish guy who in improving it. Let’s find a way to ditions, lifetime limits on policies, dis- belongs in the city of Chicago—sat make it better. Let’s fix it. There are crimination against women, excluding next to me at a clinic, patted his wallet things that can be fixed into law. That children from the health insurance of and said: Guess what, Senator. I have is what people sent us here to do. We their families—the things that really health insurance for the first time in can give speeches about how good or were wrong with the system. my life, and it feels good. bad it is, but most Americans want it Help us make it better, but do not Judy takes care of hotel rooms down to work. They want health insurance just come here and complain. I think in southern Illinois, a place that I stay. that is affordable and available and ac- people expect us to be more positive She is over there in the hospitality cessible, and they want to make sure and constructive. room. Same story: 62 years old, worked they are going to be treated fairly once Madam President, I rise in strong every day she could and never had they buy it. support of the Comprehensive Veterans health insurance one day in her life. I think the marketplaces we will tell Health and Benefits Act of 2014. Chair- She was diagnosed with diabetes and, you about are working for a lot of fam- man BERNIE SANDERS of Vermont has thank God, she now has, because of the ilies, and we are going to come to the put together a comprehensive improve- Affordable Care Act, health insurance. floor to tell those stories. I know the ment, which I support. He is new as Those are just a couple of stories. other side spent a long time talking chairman, but he is off to a flying What the Senator from Wyoming did about what they consider to be short- start. not tell you is that there are aspects of comings, and there are some obvious The bill reminds us of our obligations this Affordable Care Act which Amer- shortcomings with the Affordable Care to veterans. I especially appreciate ican families value. Do you have a Act. The rollout was a disaster. Any- that he worked with me on a few prior- child in your family who is sick with body who says otherwise was not pay- ities. It authorizes a new $10 million maybe asthma, diabetes? Is your wife a ing attention. For 60 days we worked to initiative in prosthetics and orthotics. cancer survivor? In the old days before get our Web sites up and running, and Limb loss is one of the signature the Affordable Care Act, that meant it some of them still leave room to be de- wounds of Iraq and Afghanistan. There would be hard to get health insurance sired, leave room for improvement. are not enough medical professionals and, if you could, it would be very ex- But I talked to a businessman in Chi- with the expertise needed to fit vet- pensive. cago last week, and he said: It is a good erans with the best orthotic or pros- So we changed it. We said: You can- thing my business failures are not on thetic for their injuries. not discriminate against families be- the front page of the paper every day Now the Department of Veterans Af- cause somebody happens to be sick. because I have made a lot of mistakes, fairs can partner with universities to Those of us who have raised families but I keep going until I get it right. expand the number of master’s degree know that happens pretty regularly. So That is what we ought to do, keep programs so our wounded warriors con- that protection is in the law, and it is going until we get it absolutely right. tinue to receive the best care. a protection which some of the absolut- We have a good start, trying to bring This veterans package also addresses ists want to repeal. Get rid of it. Let’s 60 million uninsured Americans under a problem I have been working to fix get back to the good old days when a protection of health insurance, to that allows veterans to consolidate sick child would basically disqualify a allow people to shop for the best policy student loans or participate in student family from health insurance. for their family. That is realistic. loan forgiveness without penalty. It used to be that insurance compa- I also want to add one thing. The Congress capped the interest rate for nies had odd ways of basically rating critics of the Affordable Care Act as- servicemembers at 6 percent several people when it came to premiums. One sume that before we passed it, health years ago, but a loophole has prevented of the disabilities they identified was if insurance premiums did not increase. servicemembers from keeping that pro- the person seeking health insurance We know better. Particularly for those tection if they consolidate their stu- was a woman. They would discriminate who had small businesses and individ- dent debt or enroll in the Public Serv- against women seeking health insur- uals, their policies were canceled on ice Loan Forgiveness Program. This ance because it is possible they would average once every 24 months, and bill closes that loophole. become pregnant and more expensive. their health insurance premiums went The bill makes sure veterans using We did away with that discrimination up 12 to 20 percent. their GI bill education benefits will as well. A friend of mine has a small trucking pay instate tuition rates. Senator Then there were lifetime limits. company. He tried to cover his employ- SANDERS has a good bill when it comes Madam President, $100,000 in health in- ees who worked for him and their fami- to student loans. surance coverage may sound great, but lies until one of the employees had a There is one provision in it of special if you go into the hospital or see the sick baby, and then the health insur- interest and importance to me. Several doctor the next day and you are told ance premiums went through the roof years ago one of our colleagues, a Sen- you have cancer and have to face radi- and they all were out on their own. ator from New York by the name of ation, chemotherapy, and more, With the help from the employer—what Hillary Clinton, came up with a great $100,000 will not last very long, and he used to pay each month—they had a idea. Senator Clinton said: We ought to pretty soon you are into life savings helping hand looking for health insur- help the caregivers for disabled vets. I and pretty soon after that you are into ance. liked the idea a lot and was kind of en- bankruptcy, something the Presiding He went to buy health insurance for vious that she came up with it first. Officer knows very well. himself—himself, the owner of the Then she moved on to be Secretary of So we eliminated the lifetime limits company—and his wife. It turned out State. So I called her at the State De- on health insurance policies as part of that if you turned in a claim this year partment and asked: Hillary, is it OK if the Affordable Care Act. I do not hear for a problem you had with your foot, I take up your bill on caregivers? She the Senator from Wyoming and others next year that company health insur- said: Be my guest. And I did. I intro- suggesting they want to go back to ance plan—the one he bought—would duced the Hillary Clinton caregivers those days. Do they? not cover anything related to your bill, and ultimately, with the help of The bottom line is this: The Afford- feet. So you slowly exclude all the pos- Senator Akaka and others, we passed able Care Act is a good law. We wrote sible claims that can be made for prof- it. it and passed it without the help of any itability. Then, in the end, you have a Here is what it says. If you had some- Republicans. Not a single one of them worthless health insurance policy. one who was injured after 9/11 and dis- would step up and join us in this effort. Those were the old days. I would say abled and you were prepared to give Now they have done nothing for the to the Senator from Wyoming and his them care, we are going to help you. last 4 years but criticize it. friends, we are not going back to the For that wife who stands by her hus- I will say this. It is not perfect. It old days. We can improve this law. band, a husband who stands by his wife, can be improved. I will invite the Sen- Let’s work together to do it. But we a mother or father helping the disabled

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.052 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1036 CONGRESSIONAL RECORD — SENATE February 25, 2014 vet, here is what we will offer to you: time. When Yuriy reached the point I have the alternative bill, which is first, the very best in skilled nursing where he came out in a state where he in the process of being filed. It does not training so you know how to take care was in a wheelchair and struggling, expand the caregivers program—a pro- of your veteran and do it the right way; Aimee said: I promised you I loved you gram I am passionate about. I wrote it. secondly, a respite. Two weeks out of and I was going to marry you and we It does not do it for a reason, and I the year you get a vacation. We are are going through with it. And she did. want to turn to Senator Akaka’s com- going to send in some skilled nurses so She married Yuriy and stood by his ments on the Senate floor when we you can go off and relax. You deserve it side. They have a beautiful daughter passed this bill, where Senator Akaka, after spending 50 weeks caring for this Adelina, whom I met just a couple the chair of the Senate Veterans’ Af- veteran. Third, if you are in a bind eco- weeks ago in Chicago. She is 4 months fairs Committee, said this: nomically, financially, we want to old. It is for caregivers such as Aimee, [O]ne, the needs and circumstances of the make sure you are going to have who dropped everything and even newest veterans in terms of the injuries are enough money to survive. So we offered dropped out of school to help care for different—different—from those of veterans a monthly stipend to those caregivers this disabled vet Yuriy that this pro- from earlier eras; two, the family situation of the younger veterans is different from who are helping. gram is designed. Let me tell you some stories that I that of older veterans; and three, by tar- I am proud of this program. I think geting this initiative on a specific group of think illustrate this so well, why it is the 256—I think that is the right num- veterans, the likelihood of a successful un- important and why it is working. ber—caregiver families in Illinois have dertaking is enhanced. In 2005, Eric Edmundson was a 26- a special helping hand as they help our To me, the most important of these year-old Army sergeant when he sur- disabled vets. We need to expand it. reasons mentioned by Senator Akaka vived a roadside blast in Iraq. He went BERNIE SANDERS does just that. He ex- was the belief that the VA would not into cardiac arrest while waiting for a pands this program beyond those vet- be able to implement a program of that transport to a military hospital. His erans who were afflicted after 9/11 to magnitude. That is why caregivers was brain was deprived of oxygen for al- those who were afflicted before, from crafted to be a program that we most 30 minutes. He became a quad- previous conflicts, from previous serv- ramped up over time. It was targeted riplegic as a result of the injuries. ice to our country. at a very specific population, and we The VA basically told Eric’s parents This caregivers program is the right envisioned that as the VA got more Ed and Beth that there was no hope thing to do. These men and women who proficient at actual training and imple- and no place to turn. The doctors said care for our disabled vets are truly mentation of this program, it would be Eric would spend the rest of his life in saints and angels, and we ought to ramped up. a vegetative state and he should be stand by them. Giving them a helping The VA has proven us right. They sent to a nursing home. His dad said hand through this expansion of the have had trouble in implementing this not only no, but hell no, this is my 26- caregivers program is right for Amer- program in what is a very limited pro- year-old son, and I am not giving up on ica, it is right for our vets, and it is gram. Their rollout and management him. of the program has been flawed in sev- So Eric was transferred to the Reha- right for us to do for the men and eral areas and has been a disservice to bilitation Institute of Chicago, which women who risked their lives for our those veterans in need of these critical is where I first met him. His recovery country. I yield the floor and suggest the ab- services. Since the start of the program was incredible. His mom and dad 1 stayed by their son’s side until the day sence of a quorum. 2 ⁄2 years ago, several problems have when we proudly watched Eric, with a Mr. BURR addressed the Chair. been brought to my attention. These The PRESIDING OFFICER. Will the helping hand, literally walk out of the problems include decisions regarding hospital in his dress uniform—a sign of Senator withhold? eligibility for the program which are Mr. DURBIN. I withhold. dramatic progress in just a few inconsistent across the country—no The PRESIDING OFFICER. The Sen- months. quality assurance program to monitor Today, he is living in North Carolina ator from North Carolina. the quality, consistency and timeliness Mr. BURR. Madam President, I with his wife and two children—beau- of those decisions, and no formal proc- tiful kids. His parents are his full-time thank my colleague from Illinois, and I ess to appeal the decisions of eligibility caregivers, and they share their home should have told him I was going to for caregiver assistance. with Eric and his wife. come out to be recognized. Let me Let me highlight the issues with this But even these family caregivers like thank him because he has raised a very program. I want to share some stories Ed and Beth need a helping hand. They important issue on caregivers. of veterans’ experiences. A veteran ap- told me about Hillary Clinton’s bill, I also want to thank him for the in- plied to the program at the VA in Colo- and they got me started. I am glad terest he took in Eric Edmundson, who rado. His application was denied. Yet, they did. Because now that it has be- is from North Carolina. I might add to after moving from Colorado to Florida, come the law, 12,000 families just like the story, for my colleagues, there was he applied again using the exact same theirs across America are getting the not a caregiver program when Eric information he had previously sub- helping hand of the caregiver program. Edmundson’s dad took over his care. mitted in Colorado. The VA in Florida It helps the veterans from Iraq and Af- He did what I think parents have a granted his application. How can this ghanistan, with their families, be tendency to do. He said: It can be bet- happen? It is because we have an agen- where they want to be: at home with ter for my son if I take control of it— cy that has yet to draw on the consist- their families. If you want to get down and he ended up in Illinois at his dad’s ency needed to apply equally to our to the bottom line, it saves the govern- request. Although he has not made a veterans. ment money. It costs a lot more money full recovery, he has made a spectac- Another veteran in Florida suffered to put people in VA facilities than to ular recovery from the prognosis. I from multiple gunshot wounds result- help these families keep the veterans know my good friend from Illinois has ing in paraplegia. VA denied him entry at home where they want to be. to go, but I appreciate him high- into the program because he did not re- Let me show you one other one, lighting that. quire assistance with at least one ac- which I think is a great story. This is Let me just say that I think all Mem- tivity of daily living or ADL. He was the story of Yuriy Zmysly, who was a bers of the Senate would like to expand being compensated through an aid and marine serving in Afghanistan and the caregivers program. I wrote the assistance or A & A program. I find it Iraq. He returned to the United States caregivers program. Senator Akaka, interesting that this veteran did not for what was going to be a routine sur- who was then the chairman, came to qualify for caregivers. He was actually gery at a military hospital, but be- the floor and it was passed. As written, compensated under the aid and assist- cause of complications from the sur- section 303 would expand the caregivers ance program because what he needs is gery, from an appendix procedure, he program to veterans of all eras. Let me ADL services, not just the one required was left with a severe brain injury. say that again: Veterans of all eras we under the caregiver program. Aimee—who is shown right here in would extend the caregivers program In addition, I have also heard many this picture—was his fiance at the to if the Sanders bill was passed. veterans and their caregivers were

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.064 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1037 treated rudely by the VA staff when tion. I think the presiding officer be available and in place if we do not applying to these programs for a PTSD would agree that there are areas—these reach a final deal in this round of nego- diagnosis. VA staff have told them that are areas that do not have a partisan tiations in the P5+1. PTSD—get this—that PTSD is not a leaning. When we look at our Nation’s Why is it important that the Con- disability that requires assistance with veterans, we do not see one side of the gress reimpose sanctions through new ADLs or activities of daily living. aisle or the other. We see a promise we legislation if there is failure? No. 1, the Assistance with the activities of made to them and a commitment we sanctions are designed to get the end daily living is only one of the four cri- have got to fulfill. game right. I believe that the only suc- teria needed as having a serious injury. To ignore the things that need re- cessful outcome through negotiations Under the law, a veteran needs to meet form really is a mistake. To talk about would be to dismantle the plutonium- one of the four. Even the appeals proc- expanding the population without re- producing reactor. The Iranians do not ess does not seem to be well thought forming these areas, quite frankly, is need a plutonium-producing reactor for through. You see, we can write the disingenuous to the veterans to whom a civilian nuclear power program to laws, but it is the agency’s regulations we owe so much. comply with the U.N. resolution that that they write that dictate how these I yield the floor. requires the removal of all highly en- programs are run. The PRESIDING OFFICER. The Sen- riched uranium. A lot of highly en- VA says that they have an appeals ator from South Carolina. riched uranium is now in the hands of process. However, it is vastly different Mr. GRAHAM. Madam President, I the Iranian government. The U.N., of from the appeals process at VBA, the ask unanimous consent to speak for 15 all bodies, has asked for it to be re- Veterans Benefit Administration. It minutes. moved and turned over to the inter- leaves Veterans Service Officers or The PRESIDING OFFICER. Without national community. VSOs at a disadvantage to help vet- objection, it is so ordered. I worry that if you leave this highly erans and their caregivers. VSOs have Mr. GRAHAM. Madam President, enriched uranium in place in Iran, we been told that VA considers it a med- one, I would like to compliment Sen- will live to regret it. A dirty bomb be- ical decision and they cannot question ator BURR for trying to find a way to comes a real possibility. The other as- the denial. The only recourse veterans improve veterans health care. I think pect of a final deal that has to be ac- and their caregivers have is to appeal the comment he made is pretty accu- complished, in my view, is that the Ira- to the medical center director. The rate. Before you expand a system that nian regime should be out of the en- problem with this is that it was the is clearly broken, it looks to me like richment business. medical center director who denied the you would want to fix it. There are 15 nations that have nu- appeal in the first place. There is a bipartisan view that it is clear power programs that do not en- I am going to go on as the days go on, broken. A lot of solutions have bipar- rich uranium. Mexico and Canada are describing the things in this program tisan support. But we are where we are. two of those nations. We are objecting that we would all like to embrace, I know Senator SANDERS is very gen- to the South Koreans who want to go things that I think every Member of uine about wanting to expand veterans’ into the enrichment business. I do not the Senate says: Yes, we ought to do benefits. I certainly understand where mind South Korea having a nuclear this for veterans. Here is the problem. Senator BURR is coming from. We want power program, but we really have to If we have a broken system, jamming to, one, pay for whatever we do, be- watch the spread of nuclear prolifera- more people into it is actually the cause we are $17 trillion in debt. But, tion through the enrichment of ura- worst thing we can do. two, we have to look at the broken sys- nium. As I said earlier, there is nothing in tem. If you include another 14 million It is imminently possible to have a the Sanders bill to fix the things that veterans, people who are not service nuclear power program and have the are broken at VA. There is nothing in connected and make them overnight fuel cycle controlled. You do not need the alternative bill to fix things in the eligible for VA health care that is in to enrich to have commercial nuclear VA. But the one thing that I do not do short supply, you will frustrate the power. If you were going to make a list in the alternative bill is I do not jam ones who need it the most and take a of countries that are unreliable and millions more veterans into the sys- weak system and completely break it. dangerous, and you would not want to tem. Caregivers should be expanded as It seems to me that is not helping vet- give the right to enrich, I think Iran VA perfects how to implement it, to erans at all. would be at the top. Just look at how educate the caregivers, to be able to But part of the package that Senator this regime has behaved over the last address the concerns, and, more impor- BURR has authored also deals with an- 30 years. I do not have to time to go tantly, the intent of why we wrote the other problem of great and immediate into all of the ‘‘list of horribles,’’ but program. concern: imposing sanctions on the Ira- our resolutions regarding the Iranian Enrollment or access to VA should nian nuclear program if the negotia- nuclear program list them very well. only open if we have the health care tions fail to deliver the desired result. So we are at an impasse now. The Re- professionals or the facilities to handle This is an unfortunate moment for publican position is that we should them, but not to crowd out those cur- me. Senators MENENDEZ and KIRK have have a new sanctions vote on the bipar- rent veterans who leave the battlefield been a team for a long time working to tisan sanctions bill now while the ne- today and need the services that only impose sanctions on the Iranian gov- gotiations are going on to reinforce to the VA can provide. So, even though in ernment as they march toward a nu- the international community that we everybody’s wish list we would like to clear weapon. We have imposed 16 are very serious about pressure being expand to every veteran, in the care- rounds of sanctions since 1987; 9 U.N. applied to the Iranians until we get the giver program we would like to expand Security Council resolutions since 2006, deal that we all can live with. I think to everybody who wants to care for a demanding the full and sustained sus- it is fair to say that the Iranians would loved one, the truth is, we do the ones pension of all uranium enrichment re- not be in negotiations without crip- who are in the system an injustice if lated and reprocessing activities and pling sanctions. we are not prepared to be able to im- its full cooperation with the IAEA. I want to give credit to the Obama plement it, to handle it. That is the This body has been bipartisan when administration for implementing a difference between the Sanders bill and it comes to the Iranian nuclear pro- sanctions regime that really did crip- my alternative. We simply look at the gram and our support for Israel. Sen- ple the Iranian economy, and it has things that have bipartisan support, ator MENENDEZ has been one of the gotten them to the table. Unfortu- but do not necessarily grow the prob- leading voices in the entire Congress. nately, the interim deal has absolutely lem worse than it is today. He deserves lots of credit. He is my undercut all of our gains. I will give I said earlier, my regret—and I see friend. We have a new round of sanc- you some details as to why all we have my colleague from South Carolina is tions that are bipartisan. We have 17 accomplished has been undercut and here. My regret in this debate is that Democratic cosponsors. We have all the sanctions regime that got the Ira- we are not on the Senate floor debating but two Republicans. So we have 59 co- nians to the table is crumbling before reforms to the Veterans’ Administra- sponsors that would allow sanctions to our eyes.

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.053 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1038 CONGRESSIONAL RECORD — SENATE February 25, 2014 Here is what our allies in Israel say. This is what the foreign minister P5+1 agreement. Real GDP growing by 1 to 2 The prime minister of Israel said: ‘‘Iran said: percent in 2014–2015. Inflation would poten- tially climb 15 to 20 percent. India’s oil im- got the deal of the century, the inter- The White House tries to portray it as ba- ports from Iran more than doubled in Janu- sically a dismantling of Iranian’s nuclear national community got a bad deal.’’ I ary from a month earlier. China has emerged program. think he is absolutely right. Under the as Iran’s top trading partner, with nonoil interim deal, not 1 ounce of highly en- The interim deal— trade hitting $13 billion over the last 10 riched uranium is required to be taken We are not dismantling any centrifuges, months. U.S. aerospace companies are seek- out of Iran. Some of it would be chemi- we’re not dismantling any equipment, we’re ing permission to sell airline parts to Iran cally altered, and you can reverse that simply not producing, not enriching over 5 for the first time in three decades. Iran has chemical process so that it could be percent. signed a deal to sell Iraq arms and ammuni- processed for weapons use later down They are telling us and the world, tion worth $195 million, according to docu- ments seen by Reuters. At least 13 major the road. with this interim deal, they are not international companies have said in recent Not one centrifuge has been de- dismantling a damn thing. weeks they aim to reenter the Iranian mar- stroyed. Of the 16,000 to 18,000 cen- President Rouhani, the new mod- ketplace over the next several months. trifuges, not one has been destroyed. erate—if you believe that, I have some These sanctions, my friends on the The plutonium-producing reactor is property I want to sell you—said on other side, are crumbling. If we do not not being dismantled. It has been CNN: ‘‘So there will be no destruction reset what is going on, the leverage we mothballed, for lack of a better word. I of centrifuges—of existing cen- have gained is being lost. We are am not so sure it is even in a mothball trifuges?’’ President Rouhani said: marching toward a disaster. Having a status. ‘‘No. No, not at all.’’ new round of sanctions passed by Con- So the prime minister of Israel says: Well, if you believe, as I do, they gress would tell the international com- ‘‘Iran got the deal of the century, the should be out of the enrichment busi- munity from our point of view this is international community got a bad ness, then all the centrifuges should be not behind us, we are not going to take deal.’’ Again, I would agree. Nothing dismantled and destroyed. Because to the pressure off until we get a result has been accomplished in the interim allow this regime to continue to enrich that makes our country and our allies deal. The interim deal is so far away is dangerous and, quite frankly, will in the region safe, particularly Israel. from a final deal, I do not see how you lead to a military conflict between If we do not act now, it will be too late. get there. Israel and Iran and maybe others. To our friends at the White House: We have to dismantle the plutonium President Rouhani tweeted: When you threaten to veto legislation reactor completely, not just stop its Our relationship with the world is based on and you accuse people who want to im- construction or delay its construction. Iranian nation’s interest. In Geneva agree- pose sanctions if the deal fails as want- We should remove all of the highly en- ment, world powers surrendered to Iran’s na- ing to going to war, I am afraid you riched uranium out of the hands of the tional will. completely misunderstand the situa- ayatollahs because it is too dangerous Well, maybe that is bluster. When tion as it really exists. I am willing to to leave it there. The U.N. agrees with you look at the evidence, it’s not so give you credit for imposing the sanc- that. That is the end position. They much bluster. The Deputy Foreign tions in a forceful way, but you are should not be allowed to enrich. If the Minister said of the interconnections naive and dangerous in your thought Iranians want a peaceful nuclear power between networks of centrifuges that process if you think we can now nego- program, I will be the first to say: That have been used to enrich uranium to 20 tiate with the sanctions crumbling and is fine. Build a reactor in Iran. Build a percent, so that they can enrich only get the right answer. couple of reactors if you like. Have the to 5 percent: The Iranian monetary unit, the rial, Russians help the Iranians construct These interconnections can be removed in has appreciated by over 25 percent. The their reactor, as long as the inter- a day and connected again in a day. Iranian economy is rebounding after national community can control the So he is basically saying all we have the interim deal. They are back in fuel cycle. done is basically pull the plug and we business. Inflation is down, the value of There is no need to enrich in Iran for will just put it back in if we need to. their currency is up, people are lining a peaceful nuclear power program. We Here is what has happened since the up to do business in Iran, the sanctions would be crazy as a nation and a world interim deal with the sanctions regime. are crumbling, and the U.S. Senate sits to give this regime the right to enrich President Rouhani declared: quiet. uranium and have a breakout, to go We have struck the first blow to the illegal All I can say is that we have a chance from low-level enrichment to 90 per- sanctions, in the fields of insurance, ship- to turn this around before it is too cent, to make a nuclear weapon. I ping, the banking system, foodstuffs and late. I believe the best thing we could think that is what they are trying to medicine and exports of petrochemical mate- do as a body is for Republicans and do. I would like every Senator to be rials. Democrats to pass a new round of sanc- able to answer a question from their He tweeted: tions that would only take place at the constituents about this issue. Do you You are witness to how foreign firms are end of the 6-month period if a final deal believe the Iranians have been trying visiting our country; 117 political delega- is not achieved that results in the to build a nuclear bomb rather than a tions have come here. things I have outlined. nuclear power program? France, Turkey, Georgia, Ireland, The bipartisan sanction bill rein- It is clear to me they have been try- Tunisia, Kazakhstan, China, Italy, forces the end game of basically dis- ing to build a nuclear bomb for a very India, Austria, and Sweden. The mantling the ability of the Iranians to long time. They get right up to the French chamber of commerce led a del- develop a nuclear weapon. We have spe- edge. They have one of the most so- egation to Iran not long ago with the cific language in the sanctions bill that phisticated enrichment programs in head of Michelin Tire Company. I have would get us to a good outcome. I am the world. I do not think it is designed been talking to the Michelin Company. afraid by the time the 6 months is up, to produce peaceful nuclear power. They are not going to violate the sanc- the economy in Iran will have re- Here is what the head of Iran’s nu- tions, but they do believe that after bounded and the will of the inter- clear agency said last night: this interim deal the smart money is national community to go through this The iceberg of sanctions is melting while that the sanctions are behind us. process again will have been lost. our centrifuges are also still working. This is The International Monetary Fund Right now the smart money is that our greatest achievement. predicted Iran’s economy could turn Iran is a place you can soon do busi- He is right. I mean, what more can I around due to the interim agreement. ness, the sanctions are history, and our say? The head of the Iranian nuclear Listen to this: European allies, I am afraid, will ac- agency, said on Iranian state tele- The economy in Iran that was crippled be- cept a deal with the Iranians that is vision: cause of the sanctions could turn around not in our national interest and will The iceberg of sanctions is melting while based on the interim agreement that doesn’t certainly not be good for our allies. our centrifuges are also still working. This is dismantle or remove anything. Prospects for I am very worried the P5+1 has al- our greatest achievement. 2014 and 2015 have improved with an interim ready conceded in their own mind some

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.054 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1039 enrichment capability in the hands of What will happen if this negotiation has weighed in. He has tried to lock his the Iranian regime for the purpose of with Iran fails to deliver what I think party down and he has threatened to face saving, supposedly. We should not is the right outcome—a peaceful nu- veto this sanctions bill. worry about allowing the Iranians to clear power program without any capa- Now is not the time to turn the Sen- save face, given what they have done to bility to make a nuclear weapon—I ate over to the Obama administration, our soldiers in Iraq, the amount of ter- think the people throughout the region which does not have a very good track rorism they have spread throughout are going to respond forcefully and in record when it comes to policing the the world, and the way they have be- kind and our friends in Israel and the Mideast. Actually, we are helping haved. I am not in the face-saving busi- world are hurt. them, whether they believe it or not. ness when it comes to Iran. I am in Can Israel tolerate the ayatollahs in The last thing I want is a conflict any- protecting America’s national security Iran having the ability to develop a nu- where in the world that can be avoided, interest business. clear weapon and the only thing be- but here are our choices: If the negotia- I do not mind the Iranians having a tween the State of Israel’s security is a tions fail, Israel will not stand for a nuclear power program for peaceful bunch of U.N. inspectors? Now think nuclear-capable Iran. If you attack purposes, as long as you control the about that. Would you put America’s Iran, you open Pandora’s box and many fuel cycle. But if they want more than national security at risk, and the only bad things can happen. that, that tells you all you need to thing between a hostile nation having I can tell you this, if there is a war know about what their ambitions are. a nuclear weapon and threatening to between us and Iran, they lose, we win. I say to my colleagues on the other wipe us off the map and success is a This is not much of a debate militarily. side: If you allow any enrichment capa- bunch of U.N. inspectors? How well did But it is always a terrible thing to go bility left in the hands of the Shia Per- that work in North Korea? That is not to war unless you absolutely have to. sians in Iran, the Sunni Arabs are a viable outcome. So if the Iranians believe we are seri- going to insist on a like capability. We have to stop this program com- ous about sanctions and we are serious And I am here to tell you if you want pletely. It must be dismantled, not about using military force as a last re- to turn the Mideast into the ultimate mothballed. It has to be dismantled. If sort, we may actually still get the powder keg, allow the Iranians to have the Iranians want a nuclear powerplant right answer. an enrichment program. Because every for peaceful purposes, they can have If they don’t believe that, we are put- Sunni Arab nation that can afford one one as long as somebody responsible ting Israel and our allies in a terrible will want a like program. If you think controls the fuel cycle. spot. If the Iranian program survives you can allow the Iranians to enrich We are headed toward a disaster if we these negotiations and they march to- uranium and the Sunni Arabs will sit don’t act pretty quickly. I don’t mean ward a nuclear weapon as the North on the sidelines and do nothing, you to be so dire, but look at the Mideast. Koreans did, if the U.N. inspections fail don’t understand the Mideast. If you Look at the Syrian effort to contain and they achieve their goal of a nu- want to set the world on the road to the Syrian chemical weapons program. clear weapon, then we have emptied Armageddon, that will be the end of These thuggish regimes are not going Pandora’s box, because every Sunni nonproliferation in the Mideast. The to turn over the advantages they have Arab state will follow in kind. Then interim deal is a bad deal for the world, until the regime itself is threatened. I only God knows what happens next. We according to the Prime Minister, and a believe the Iranians, after Syria, do not have a chance to avoid that. great deal for Iran. The Prime Minister believe anymore that our country has But Israel will never stand for the of Israel is right. the will to use military force as a last proposition that the only thing be- If this administration is contem- resort to stop their nuclear program. tween the ayatollahs having a nuclear plating a final agreement that does not No matter what President Obama says, weapon and the State of Israel’s sur- remove all the highly enriched ura- his actions speak far louder than his vival is a bunch of U.N. inspectors try- nium in Iran, consistent with the U.N. words. We could change things if the ing to control a program with a live ca- resolution, it is making a mistake for Congress would impose new sanctions, pability; and Sunni Arab states will the ages. If this administration is bipartisan in nature. It would actually not allow the Iranians to enrich with- going to sign on to a deal that allows allow the administration some lever- out them claiming an equal right. All enrichment to continue in Iran, where age they do not have today. this can be avoided if we act decisively. they now have a class of centrifuges The reason for the bipartisan bill, as But if we continue to wait and allow that can take less than 5 percent ura- in the Burr alternative to the Sanders the sanctions to crumble, God help us nium and spin it up to 90 percent, that bill, is that many of us believe now all. will be a mistake for the ages. that time is not on our side. And to my I yield the floor, and I suggest the ab- This is North Korea in the making. friends on the other side, I hate the sence of a quorum. But unlike North Korea, where they fact we have now split on what to do The PRESIDING OFFICER. The eventually went nuclear after the about Iran and how to impose sanc- clerk will call the roll. international community, through in- tions. I have enjoyed, as much as any- The legislative clerk proceeded to spections and sanctions, tried to stop thing in my entire time in the Senate, call the roll. their program, Japan and South Korea working with my Democratic and Re- Mr. SCHUMER. Madam President, I have yet to feel the need to obtain a publican colleagues to craft policies de- ask unanimous consent that the order nuclear weapon to counter the North signed to get the right answer when it for the quorum call be rescinded. Koreans. I can assure you the Sunni comes to the Iranian nuclear threat. The PRESIDING OFFICER. Without Arab nations in the Mideast will not But we are now in a different spot. objection, it is so ordered. As much as I hate it, I feel com- put themselves in that position. All f you have to do is ask them. pelled, from my point of view, to use I challenge every Member of this every opportunity this body presents MORNING BUSINESS body to get on the phone and call the to bring up the issue. If you do not be- Mr. SCHUMER. Madam President, I major Sunni Arab states and ask them lieve the sanctions are crumbling, I ask unanimous consent that the Sen- a simple question: If the Iranians are would love to hear your explanation as ate proceed to a period of morning allowed to enrich, will you insist on to why they are still working, given business with Senators permitted to the same right? See what they tell you. the information that is overwhelming. speak for up to 10 minutes each. We have a chance here, if we are So I hope in the coming days we can The PRESIDING OFFICER. Without smart, to reset the table before these regain that bipartisanship. The major- objection, it is so ordered. sanctions completely crumble, and ity leader, several months ago, prom- f they are. If you think you can wait 6 ised a vote on Iran sanctions if we months, have them completely crum- could find a bipartisan bill. He made TRIBUTE TO ED KOREN ble and reimpose sanctions, you are that promise, and I will quote that Mr. LEAHY. Madam President, late kidding yourself, because the world is later in the week. What has happened this week, Vermont will recognize the not going to go down that road. between then and now is the President noteworthy legacy of Ed Koren, who

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.056 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1040 CONGRESSIONAL RECORD — SENATE February 25, 2014 was recently named Vermont’s second Koren is honored and, typically, quick to number of years in the late 1990s he fell out Cartoonist Laureate. A resident of riff humorously about the nomination, of favor at the New Yorker (it was ‘‘an unre- Brookfield, VT, Mr. Koren is best quipping that he may have to wear a neck liable family member’’) but now seems to be known nationally for his distinctive brace. ‘‘It’s a weighty thing,’’ he says of the back in the magazine’s cartoon graces. honor and a potential swelled head. He then Koren is vague in describing how he came creature cartoons that appear in the dredges up a quote from his literary mind, up with the creatures in his cartoons, which New Yorker. His work has also been attributed to politician and UN ambassador he roughs out and then refines in a lengthy featured in many other publications. Adlai Stevenson: ‘‘Flattery is all right so process using pen and ink on large pieces of Mr. Koren grew up in Mount Vernon, long as you don’t inhale.’’ art paper measuring about two feet on each NY, and attended Columbia University, Truth is, there’s little danger of flattery side. Those squiggly lined creatures of his where he first began sketching car- going to his head. Koren lives a well-ground- just sort of happened, he says, explaining his toons for the university’s magazine. ed rural life in Brookfield: For 26 years he style had a ‘‘lax way of evolving’’ and that has served in the volunteer fire department, Encouraged by a favorable review of he ‘‘wasn’t trying to do any of what I a job he loves, though he admits at 78, haul- achieved.’’ one of his earliest works, Mr. Koren ing hoses and pouring water on house fires, Koren draws in a spacious and cluttered then dedicated himself to drawing in- the ‘‘real grunt work,’’ is beyond his capac- studio at one end of his house, with two ta- vestigative and satirical cartoons. His ity today. bles, stacks of books and walls pinned with hard work, quick wit, and unique social ‘‘I’m getting to be too old,’’ he says. illustrations, hand-written quotes and commentary are evidenced in his work. When it comes to cartoons, few artists mementoes. Underneath one table is a bank In true Vermont tradition, he has also have a style as distinctive and easily rec- of 40 drawers that hold decades of his life in ognizable as Koren’s squiggly creatures, pen and ink. found the time to volunteer as a fire- which have appeared all over Vermont, his fighter in his small community for the ‘‘I save everything. I’m a pack rat. I hate donation to nonprofits and other organiza- to throw things away,’’ he admits. past 26 years. tions he deems worthy. Koren himself is As for his captions, which often nail smug I am proud to recognize Ed Koren’s small-beaked and not very large, with a and self-important people and modern life in achievement as Vermont’s Cartoon bushy gray mustache, a frequent twinkle in general, he says he keeps his ears open ‘‘like Laureate. The Vermont Digger re- his eye and a sprightly gait that reflects his two giant antennas,’’ especially when he is cently published a profile of this ac- exercise pursuits, which range seasonally visiting New York City. At home he reads a complished man who has adopted from cross-country skiing to biking and pad- lot and listens to radio (WDEV, VPR and dling. He’s famed for exercising daily, which NHPR.) Vermont as his home that captures all he says refreshes his mind and his sense of that is so unique about his character Does he ever think of retiring? ‘‘Never!’’ he the beauty in the world. says, recoiling at the idea. Besides, human- and creativity. I ask that the article, Imagine a lean, fit fatherly elf with a ity is constantly providing inflated egos to ‘‘Cartoonist Ed Koren earns a Vermont curmudgeonly tinge, and you’re not far off puncture and trends to lampoon. laurel, but don’t expect him to rest on (though it’s more grandfatherly these days, ‘‘It’s part of my life. If I didn’t do that, it,’’ be printed in the RECORD. thanks to grandkids from his first marriage). what would I do?’’ he asks. There being no objection, the mate- He now lives with his wife Curtis and an el- derly Siamese feline named Catmandu. rial was ordered to be printed in the Koren, who was raised in Mount Vernon, f RECORD, as follows: N.Y., was doing a teaching gig in graphic [From the Vermont Digger, Feb. 16, 2014] arts at Brown University when Vermont TRIBUTE TO DAVID RUBENSTEIN beckoned and he moved here permanently. THIS STATE: CARTOONIST ED KOREN EARNS A Mr. LEAHY. Madam President, in re- VERMONT LAUREL, BUT DON’T EXPECT HIM ‘‘I fell into this house in Brookfield from a cent years, as difficult budget ques- TO REST ON IT year-old copy of Country Journal,’’ he ex- plains. He saw an ad for the house in the tions have beset the debate in Wash- (By Andrew Nemethy) magazine, checked it out, fell in love with its ington about how best to rein in spend- From his rambling 1840s farmhouse in village location, and, while living in New ing while meeting our shared respon- Brookfield in central Vermont, Ed Koren York City, bought the place in 1978 as a sec- looks out on Sunset Lake and a quintessen- sibilities to Americans, our commu- ond home. nities, and the world, our Nation’s tial Vermont village whose famed floating His ties to the Green Mountains go much bridge is an icon of the state. But as a car- further back, however, to his teens when he treasures—from the monuments that toonist, Koren’s off-beat, pinballing mind is attended a summer theater camp in dot the National Mall to the historic focused on a different view, as he scans the Waitsfield. The lush landscape and way of relics that line the halls of the Smith- strange landscape of human foibles, fads, so- life was beguiling. ‘‘Like a lot of kids, it sonian museums—have had to shore up cial mores and culture. It’s a scene that has stays with you,’’ he says. spending and face the reality that the sustained him for more than five decades. While Vermont offers fodder and settings government simply can’t foot the bill ‘‘There’s something always new, or quirky for his cartoons, he admits to living a yin the way it used to. or nutty or outrageous,’’ he says, describing and yang existence. ‘‘I’ve always been a New the lode of material that keeps inspiring his Yorker because I’ve spent so much of my life Tough decisions in Washington have cartoons. ‘‘To me, it never ends, and it’s there. I’m at a heart a city guy, but I’m at led many with the means to increase great for that.’’ heart a country guy,’’ he says. And like their charitable giving, but none com- By a cranial alchemy that even he is hard- many a Vermont country guy, he’s now, in pare to the generosity of David pressed to explain, what he sees out in the mid-February, admitting to being weary of Rubenstein, businessman, family man, world gets distilled into cartoons populated winter as he lugs in firewood from the shed philanthropist. He is also a friend to by fuzzy big-beaked creatures and captions to keep his Vermont Castings stove going many. But most importantly, he is a that capture the essence of whatever tickled and his house warm. his perceptive fancy. What emerges in his Koren was drawn to the arts early. As a friend to many of America’s national cartoons is at once universal but also kid, he was inspired to draw by Al Capp’s Li’l treasures. I cherish his friendship. artisanal and localvore because of the set- Abner, especially the simple lovable cartoon You need not walk far in Washington tings, which reflect the terroir of his adopted characters known as ‘‘Shmoos.’’ He began to find Mr. Rubenstein’s mark. I hear state. Take a recent New Yorker cartoon drawing cartoons in the mid-1950s at Colum- often from Vermonters who have come whose locale was instantly recognizable to bia University for the college humor maga- to Washington, for work or a family any patron of the Three Penny Taproom in zine, ‘‘Jester,’’ and then went on to study vacation, who visit such iconic places Montpelier, from the layout to the bartender graphic arts in Paris and to receive an MFA as the National Zoo, the Kennedy Cen- to the list of beers, which included ‘‘Curtis from Pratt Institute. He was feeling tugged India Pale Ale’’ (his wife’s name is Curtis) in several career directions—city planning, ter, the Library of Congress, and, of ‘‘Onion River Saison’’ and ‘‘Camel’s Hump architecture, and graphic arts—when a course, the Smithsonians. All bear Imperial Stout.’’ ‘‘kindly response’’ from The New Yorker some sign of Mr. Rubenstein’s gen- ‘‘I kind of bring it home,’’ he says simply. about looking at his cartoons put his future erosity. ‘‘It’s like a tribute to friends. It’s capturing on course. The New York Times recently fea- what I like about living here.’’ Koren landed in the magazine’s pages in its tured a profile of this man and what he It’s entirely fitting, then, that on Feb. 27, literary heyday when the legendary William calls ‘‘patriotic giving.’’ I ask unani- Koren will be recognized as Vermont’s Car- Shawn was editor. His illustrations and car- mous consent that a copy of that pro- toonist Laureate at the Statehouse, and will toons began appearing in The New York give a talk at the Center for Cartoon Studies Times, Time and Newsweek magazines, as file be printed in the RECORD. in White River Junction, which nominated well as in ads for financial publications and There being no objection, the mate- him for the award. (Burlington’s James Fortune 500 companies, and in a wide range rial was ordred to be printed in the Kolchalka was the first.) of books. Always a freelance artist, for a RECORD, as follows:

VerDate Mar 15 2010 01:52 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.012 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1041 [From the New York Times, Feb. 21, 2014] felt I owed my country a lot. I also felt I REMEMBERING STRATTON A BILLIONAIRE PHILANTHROPIST IN WASH- owed the city a lot. I built my company here; ‘‘STRATTY’’ LINES I met my wife here.’’ INGTON WHO’S BIG ON ‘‘PATRIOTIC GIVING’’ Mr. LEAHY. Mr. President, today I (By Jennifer Steinhauer) He grew up in modest means in Baltimore; his father sorted mail for the Postal Service remember a dear friend to Marcelle and WASHINGTON.—The expansive reach of and his mother was a homemaker. After col- me. Stratton ‘‘Stratty’’ Lines was for David M. Rubenstein into the public life of lege and law school, he worked in a New more than 40 years the proprietor of the nation’s capital can be seen during a York law firm before getting a job on Capitol the Oasis Diner in Burlington, VT. brief excursion from his downtown office at Hill for the Senate Judiciary Committee. In the Carlyle Group , the private equity firm Throughout its history, the diner was 1977, he joined the Carter administration, that he co-founded and that made him a bil- the center of many a political discus- where he spent his days toiling over domes- lionaire. sion over a hearty breakfast or tasty Begin across the street at the National Ar- tic policy as a White House aide, and met his lunch and lots of laughs too. At the chives, the site of the new gallery, named wife, Alice Rogoff, who worked at the Office center of all the activity was Stratty, of Management and Budget. Newsweek once after him, where Magna Carta, which he a first-generation American who, with bought in 2007 for $23 million, is on perma- called him ‘‘the White House workaholic.’’ After his stint ended, Mr. Rubenstein took his family, built a successful business nent loan. Then head to the Library of Con- in downtown Burlington. One of gress, and see the first map of the United another corporate law job but reassessed and States, also his, in the Great Hall. concluded that he was ‘‘a mediocre lawyer.’’ Stratty’s sons, David, describes his fa- Make your way to the earthquake-dam- With some partners, he set out to found ther as the ‘‘quintessential aged Washington Monument, which will re- Carlyle, named after the hotel in New York Vermonter.’’ Stratty was that and so open this spring after a $15 million repair, City, quickly accruing a fortune in the world much more. He was a good family man half paid for by Mr. Rubenstein, then zip to of leveraged buyouts. and a hard worker who cared about the John F. Kennedy Center for the Per- Ten years ago, Mr. Rubenstein said, he working people. forming Arts, where his $75 million has began to consider his legacy, and after learn- I have many fond memories of the bought, among other things, a new pipe ing from some actuarial tables that white Oasis Diner, perhaps chief among them, organ. End up at the National Zoo, where Jewish males were likely to live to 81, de- cided to start plowing a lot of his money— eating breakfast there, celebrating baby Bao Bao frolics in the panda habitat with Stratty, and thanking voters the Mr. Rubenstein endowed, part of a $7 million and his time—into philanthropic causes. Smithsonian gift. ‘‘There are other wonderful donors in Wash- morning after I was first elected to the Over the years, Mr. Rubenstein, who has a ington,’’ said Michael M. Kaiser, president of Senate in 1974. The diner was a popular fortune estimated at $3 billion, has made the Kennedy Center, ‘‘but it’s the range of stop among visitors to Vermont, in- gifts to the usual array of universities, hos- his giving and his collection of interests that cluding President Bill Clinton and Vice pitals and cultural organizations beloved by is staggering.’’ President Walter Mondale. During wealthy donors. But he stands nearly alone In choosing his beneficiaries, Mr. their visits and during my many trips in shoring up institutions generally under Rubenstein relies on his interests and his to the diner, Stratty imparted the wis- the purview of the federal government. gut. He has a passion for American history dom and common sense for which he About $200 million of the $300 million he has and can lecture extemporaneously and at given away has been what he calls ‘‘patriotic length about presidents, historic documents, was so well known and will be long re- giving.’’ the civil rights movement and beyond—and membered. ‘‘The United States cannot afford to do the has no staff or foundation to vet requests. In memory of Stratty Lines, I ask things it used to do,’’ Mr. Rubenstein said, He spends little time agonizing over a do- that the article by Mike Donoghue of ‘‘and I think it would be a good thing if more nation. ‘‘To some extent when you’ve made the Burlington Free Press, ‘‘Oasis people would say: ’My national zoo needs the money, you feel you can give it away Diner proprietor Stratton ‘Stratty’ money, the archives need money. I think more rapidly,’’ he said. Lines remembered as quintessential we’re going to have to do more for them.’ ’’ In January 2013, Curt Viebranz, the presi- Vermonter,’’ be printed in the RECORD. And there is plenty more to do in a city dent of George Washington’s Mount Vernon, There being no objection, the mate- that has not only suffered from cutbacks in took Mr. Rubenstein around the museum to federal spending but which historically has rial was ordered to be printed in the show him how it had displayed some of his RECORD, as follows: lacked both the wealth and the philanthropic documents. traditions of places like New York. While [From the Burlington Free Press, Feb. 17, Over lunch, Mr. Viebranz recalled: ‘‘I felt there were wealthy and civic-minded men 2014] emboldened to ask him for a large gift, and like Duncan Phillips and Eugene Meyer who OASIS DINER PROPRIETOR STRATTY LINES RE- much to my surprise and happiness, he made left their mark on Washington in the last MEMBERED AS ‘‘QUINTESSENTIAL that $10 million gift in February. It was a re- century, it was the federal government that VERMONTER’’ markably efficient process.’’ He added, ‘‘It built and maintained the parks and museums can take years of cultivating a donor to get STRATTY LINES, LONGTIME OWNER OF BUR- that in other cities donors endowed, accord- a gift of that size.’’ LINGTON’S OASIS DINER, REMEMBERED FOR ing to Steven Pearlstein, a professor of pub- FOOD AND CONVERSATION If you don’t call Mr. Rubenstein, he might lic and international affairs at George Mason (By Mike Donoghue) University and a columnist for The Wash- call you. If you do ‘‘make the ask,’’ expect to When Stratton ‘‘Stratty’’ Lines helped ington Post. ‘‘The federal government was get an answer in weeks. While Mr. opened the Oasis Diner more than 40 years the sugar daddy,’’ he said. Rubenstein likes to see results—and despite ago, coffee was a dime, and hamburgers cost For the most part, according to Mr. his unassuming manner, is not averse to see- 25 cents. Over the years, Lines served up food Pearlstein, Washington has been a place ing his name on the doors of his bene- to the rich and the poor, the famous and the where the currency has been power more ficiaries—he does not use the complex suc- cess metrics of philanthropists like Eli infamous. than money. In the past two decades, that His customers included local politicians has begun to change as government con- Broad in Los Angeles. He tends not to check in, but if beneficiaries send an update, they and the president of the United States. The tracting, banking and the law have created a food was always good, and so was the con- new wealthy class in the city and its sub- hear back from him, no matter his time zone (he travels roughly 250 days a year). versation. urbs, but no one has given his money away ‘‘I could learn more in 20 minutes with The donations can be transformative. Mr. quite like Mr. Rubenstein. Stratty then I could with any polls,’’ said Rubenstein will endow the expansion of the ‘‘This kind of giving is starting to happen U.S. Sen. Patrick Leahy, D–Vt. ‘‘Stratty Kennedy Center, which otherwise would have more often because governments are really heard everything. He knew what was gossip had to go to Congress for an appropriation. suffering,’’ said Stacy Palmer, the editor of and what made sense.’’ The Chronicle of Philanthropy. ‘‘But the ex- At Monticello, his $10 million gift allowed Lines often was spotted in a white short- tent of Rubenstein’s giving sets him apart.’’ Leslie Greene Bowman, president of the order-cook hat trimmed in red, a white shirt Such giving, she said, is a subject of fever- Thomas Jefferson Foundation, as she puts it, and an apron over his pants. He also was a ish debate in the philanthropy world, where ‘‘to return the mountaintop of Monticello to well-known Democratic supporter. many believe that private money should not something Jefferson would have recognized His health had been failing in recent permit government to abdicate responsibil- in just a few years what I would venture to months, one of his sons, David, said, and he ities and in turn drain cash from food banks, say would have taken at least a decade to ac- was found dead of natural causes Friday at hospitals and other services in need. There complish.’’ his Williston home. He was 84. are ‘‘concerns about whether it is a good idea Mr. Rubenstein says he likes to apply the ‘‘He was the quintessential Vermonter, a for philanthropy to step in for government,’’ ‘‘mother standard’’ to giving. ‘‘When I built first-generation American who established a Ms. Palmer said. Carlyle, my mother didn’t call to say, ‘I’m so small business that became an institution in Mr. Rubenstein, 64, who first came to proud,’ he said. ‘‘When I give a gift to some this community,’’ David Lines said. Washington to work in government, offers a place of importance, she calls and says, ‘I’m The Oasis Diner was a popular breakfast simple explanation for what he has done: ‘‘I proud.’ ’’ and lunch spot just east of Church Street for

VerDate Mar 15 2010 01:52 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.015 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1042 CONGRESSIONAL RECORD — SENATE February 25, 2014 the movers and shakers of greater Bur- His parents opened the diner in 1954, and presses that help her with her hand- lington, but also for common folks. The draw Lines, who worked briefly at General Elec- craft. Her clients range from towns and was more than just the food—and more than tric, soon joined the family business. municipalities, to personal collectors, just politics. Stratty Lines would follow Lines would later say proudly he picked up and extend far beyond the mountains sports, community events and all the other the tab for President Clinton’s meal. headlines of the day. ‘‘I don’t think he ever got over that,’’ Dean of Vermont. Leahy said a visit to Burlington was in- said Monday as he recalled the presidential In 1960, her father, 30 years her moth- complete without a stop at the Oasis to learn visit. er’s senior, closed down his own bind- the latest. When he offered condolences to ‘‘Stratty was an important guy. The ordi- ery business in Boston to settle in David Lines, ‘‘I said I loved going in there,’’ nary person listened to him. He would rarely Putney. Marianna was in high school Leahy recounted. ‘‘I could learn more going endorse somebody. He would say, So and so when, years after her father passed in there by having breakfast.’’ was a good guy,’’’ the former Vermont gov- away, her mother set up their own The Oasis remained a local institution ernor said. bindery in the basement. Here, until 2007, when the business was sold to be- ‘‘He would be more blatant once he got to come a New York-style delicatessen. The know you better. He was the best of the old Marianna learned the basics of bindery building now is home to El Cortijo. guard. He was socially conservative and busi- from her mother, using the storied Even in death, Lines sought to ensure peo- ness conservative,’’ Dean said. ‘‘He was very tools of her father. After studying ple were properly fed. The Chittenden Coun- much for the working class. It was a family plant and soil science at the University ty Meals on Wheels, along with the Depart- business, and his kids were working in there. of Vermont, Marianna found herself ment of Veterans Affairs, are two organiza- It was kind of cool.’’ working at Four Seasons Garden Cen- tions the family has suggested people make Clinton wasn’t the only brush with great- ter in Williston before longing for donations in Lines’ memory instead of send- ness for Lines. ing flowers. A picture of him shaking hands with Presi- something new. She ultimately re- Lines was born in Greece, graduated from dent Jimmy Carter also was displayed at the turned to her bookbinding roots, join- Burlington High in 1947 and served as a mili- diner. ing a small bindery in Jericho before tary policeman in the U.S. armed forces in Vice President Walter Mondale stopped for opening her own shop in 2008. Germany from 1951–53. pancakes shortly before the March 1980 pri- Marianna now works alongside her Leahy, Vermont’s senior senator and a mary. Tipper Gore, wife of Vice President Al husband and folk musician, Rik former Chittenden County prosecutor, said Gore, enjoyed a slice of apple pie and ice Palieri, who assists her. Today, her lots of political debates were held in the 17- cream in July 1999. A few other celebrity challenges are even greater, as she bat- by-40-foot diner. He said Lines enjoyed hear- customers included Susan Sarandon, Tim tles multiple sclerosis. People send ing the hot-button topics of the day. Robbins, Lyle Lovett and Elliot Gould. Lines was a gracious host, Leahy said, and Lines was a longtime New York Yankees their books and heirlooms from around always asked about his wife, Marcelle, and fan, but he said in 1977 that he converted to the country, seeking her dexterity and their children before anything else. Leahy the Toronto Blue Jays after his veteran her expertise. For Marianna, it is her said he believes he began frequenting the sportscasting friend Tom Cheek left WVMT– true love of preserving the past and the Oasis as a student at St. Michael’s College, AM in Colchester and became the voice of sentiment it brings others that makes where he graduated in 1961, but he became the Blue Jays. Lines would visit Cheek dur- her excel at her craft. She honors her more of a regular following law school and ing spring training and during the regular family legacy by using her grand- returning to Vermont in the mid ’60s. season. When he served as Chittenden County Leahy said after he was elected to Con- father’s logo as her own. state’s attorney, Leahy said, he would some- gress, he would receive phone calls from the I ask unanimous consent to have times run names of potential jurors past White House or from ambassadors and others printed in the RECORD an article about Lines. while he was having breakfast at the Oasis. this exceptional Vermonter who has ‘‘He’d say, ‘You might want to avoid that The ambassador from Russia called once. dedicated her life to bringing joy to one,’ or ‘That would be a good one,’ ’’ Leahy A few days later, a political friend called others by repairing those precious said. the diner and, speaking with a put-on Rus- keepsakes we chose to pass on to our Lines was as popular with house-painters sian accent, claimed to be a phone operator loved ones: ‘‘At Holzer Book Bindery, as he was with politicians. Alden Cadwell, 56, in Moscow. He confirmed with Lines that Repairing Old Volumes Is a Labor of of Burlington said he always enjoyed his Leahy had taken the ambassador’s call. The stops at the diner. prankster told Lines the politician’s call was Love.’’ [Seven Days, February 19, 2014] ‘‘Stratty was a big-hearted man with the made collect, and he owed $437.84, and then There being no objection, the mate- biggest welcoming smile in Burlington,’’ he hung up. rial was ordered to be printed in the Cadwell said. ‘‘He ran a diner that a regular ‘‘Stratty loved to tell the story to every- RECORD, as follows: patron came for the theater as much as the one about the calls,’’ Leahy said. [From Seven Days, Feb. 19, 2014] food.’’ A celebration of Lines’ life is planned for 4– AT HOLZER BOOK BINDERY, REPAIRING OLD Cadwell said patrons got to hear cooks, 7 p.m. Thursday at the Corbin and Palmer VOLUMES ISALABOR OF LOVE waiters and other customers exchanging or- Funeral Home in Essex Junction. A brief (By Ethan De Seife) ders and quips. service is planned at the funeral home at 10 ‘‘You did not leave the Oasis hungry or un- a.m. Friday followed by a private interment. Any author who gets a publishing deal entertained,’’ Cadwell said. Survivors include three sons, Jon, Gary these days knows the importance of e-books: Former federal Judge Albert W. Coffrin and David, all in the Burlington area, and Many readers now opt for pixels over ink. At often could be seen sitting on a revolving daughter Maria in California. Holzer Book Bindery in Hinesburg, though, stool at the counter. Coffrin once confided to the book’s the thing. Owner Marianna a Burlington Free Press reporter that the f Holzer, a third-generation bookbinder, ap- Oasis was among his favorite stops. HOLZER BOOK BINDERY preciates books as objects. Her love for beau- Lawyers, bankers, merchants, the clergy tiful volumes and the increasingly rare craft and others also frequented the Burlington Mr. LEAHY. Mr. President, in this of making them by hand is evident in her landmark. age of digital readers and electronic shop, located on the ground floor of her Leahy said he brought President Bill Clin- books, the fine craft of bookbinding home. The place is filled with drawers of old ton into the diner during a visit to Bur- may seem to some archaic. On the con- metal typesetting letters, rolls of buckram lington on July 31, 1995, to speak at the Na- trary: the fine skills, patience, and and leather, and hand-operated, cast-iron tional Governors Association convention in dedication required to mend the pages book presses. Many of the hand tools that South Burlington. of some of our greatest treasures have Holzer, 58, uses were inherited from her fa- After a picture-taking event that included ther, Albert, and grandfather, Ulrich, both of Clinton, Leahy, Lines and then-Gov. Howard become all the more critical to pre- whom ran bookbinding shops in Boston. Both Dean outside the diner, the nation’s com- serving printed books—for classics men were known not only for the high qual- mander-in-chief stepped inside to enjoy printed decades or centuries ago, to ity of their work, but for their personal in- lunch. The Oasis served up a hand-carved, cookbooks or children’s books that vestment in the books they repaired. Said overstuffed sandwich of fresh turkey on seed- have been in our families for genera- Holzer, ‘‘My mom used to say that people ed rye, a Diet Coke and a slice of apple pie. tions. would bring their books to have them bound ‘‘Thanks for a great lunch,’’ Clinton said At Holzer Book Bindery in at the Holzer Bindery, but they’d have to when he departed. Hinesburg, VT, Marianna Holzer, a wait until everybody in the family had read ‘‘This was the highlight of my life, after the book before they got it back.’’ the birth of my children,’’ Lines would say third-generation bookbinder, is doing As a child, hanging around her father’s later—especially significant, he added, for just that. Her shop is lined with leath- shop, Holzer picked up many of the finer the son of Greek immigrants who arrived in er bound books, many restored by her points of this specialized art. A career shift the country without a dime. own hand, and hand operated cast-iron in the early 1980s brought her to Brown’s

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.017 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1043 River Bindery, an operation that started in SEVEN DAYS: How did you get started in In 1942, less than 1 year after ship- Jericho, then moved to Essex. Holzer worked the bookbinding business? ping out from Fort Bliss, TX, Robinson her way up to various supervisory positions MARIANNA HOLZER: My father was 70 found himself among 75,000 American within the company. when I was born—30 years older than my and Filipino soldiers and civilians sur- When Brown’s was reorganized and folded mother. I was pretty young when [his bind- into a larger bindery called Kofile, Holzer de- ery] was still going in Boston. He closed the rendered to the Imperial Japanese cided the time was right to set up her own business in 1960, when he was 80, and moved Army. He was one of the fortunate to business. As it happened, her mother had re- to southern Vermont, to Putney. He passed survive the barbaric 65 mile, 5-day Ba- cently moved out of the downstairs apart- away when I was 11, and my mom set up a taan Death March. Those who were un- ment in Holzer’s home. That freed up the little bindery later, when I was in high able to keep up with the march were ei- cozy space that, in 2008, Holzer turned into school, in the basement of our house. She ther beaten or shot by Japanese sol- her own bindery. To honor her family’s craft taught me a few basic things. diers. legacy, she still uses the logo from her I went to UVM, [where I] studied plant and grandfather’s shop. Robinson was held as a prisoner of soil science. I got a job at Four Seasons Gar- 1 Though Holzer can and does create entire den Center [in Williston]. I kind of got sick war for almost 3 ⁄2 years. He survived bound volumes from scratch, most of her of that, and found out that there was this the Bataan Death March, disease, mal- projects are repairs, often on the beloved lit- small bindery [Brown’s River Bindery] in nutrition, slave labor and torture erary heirlooms of private clients. She can Jericho, and went to see them. That’s how it through his faith in God. Both spir- fix torn pages or create new ones for old began. itually and physically, Reverend Rob- books, trimming new folios, stitching them SD: What are all these tools used for? inson credits the Bible with saving his into signatures and assembling them into MH: The board shears are basically a huge custom bindings. life during his time as a prisoner of paper cutter; the guillotine, which needs to During Seven Days’ visit to the bindery, war. It is through his faith that he per- be super-sharp, is for trimming the edges of Holzer was performing surgery on some old, a book’s pages. I use a lot of mending tissue, severed through one of the greatest careworn, hardback copies of two of L. atrocities committed against our sol- Frank Baum’s Oz novels. The client who’d which is a Japanese tissue used to fix rips and tears. The rounding or backing ham- diers. brought them wanted to resuscitate the As a prisoner of war, Leonard would books for sentimental reasons, and they mer—one of my father’s tools—I use for needed a great deal of attention. Nearly all rounding a book’s spine. One of my favorite often recite Psalm 23 to get him of both books’ pages were brittle, tattered things to do is the gold stamping, which through his struggle. Rev. Leonard and detached from their bindings, from presses down on a thin piece of Mylar cov- Robinson’s life has been a journey of which the glue had long since cracked and ered with 22-carat gold. That’s how you deco- war, suffering, hope and peace. Leonard flaked off. Still, Holzer estimated the job rate a binding, letter by letter. embraced faith in his darkest hours, would take her just a couple of days of mend- SD: What services do you offer? MH: One thing I do here is deacidify paper. showed a commitment to duty when all ing, and only an hour or two to sew the pages else was lost, and held dear to the back together. Anything before the mid-1800s was printed on Holzer has multiple sclerosis, which can rag paper, which holds up quite well. Newer memory of his brothers in arms who make such detailed work difficult, so she’s paper is made with wood pulp, and we didn’t did not return. In his battered billfold, glad, she said, to have assistance from her know until more recently how acidic it was. Leonard kept a roster of his unit and husband, folk musician Rik Palieri. In be- It gets really brittle and cracks when you the names of the fallen soldiers. He is tween his concert tours, Palieri helps out on turn the pages. So we can deacidify the a living testament to the often over- the larger binding orders, including the mu- paper, and it’ll stop the progression of [the looked sacrifices that make our men decay]—though it won’t bring it back [to its nicipal records of a number of Vermont and women in uniform America’s towns. (Holzer is reluctant to say which original condition]. ones.) SD: Bookbinding is such a niche field. greatest treasure. Palieri professed admiration for the kind What challenges does your business face? Today, Reverend Robinson is being of beautiful, hand-bound books that Holzer MH: It seems to me, in some ways, books honored at the Casper Area Chamber of Bindery produces. The couple has preserved are becoming more precious as people realize Commerce ‘‘Hiring a Hero’’ luncheon. and bound their own cherished keepsakes, they have certain books that they want to The event’s goal is to promote veteran such as an original program from one of Buf- preserve and pass on. Bibles are one thing. employment through recognizing our falo Bill’s Wild West shows. Palieri’s own It’s cheaper to buy a new one, but [the owner service men and women who have tri- daily journal is a huge, green, handcrafted has] written all over it. Children’s books— umphed over adversity with a proven volume that would look right at home on the people have grown up with a book. And cook- shelves of a city planning office. books! People have written in them, or they ability to overcome challenges and ob- Repair jobs come into the bindery in what have their mother’s cookbook. The newer stacles through strength and deter- Holzer described as a ‘‘steady but not over- versions they don’t like as much. mination. I do not know of a better ex- whelming supply.’’ Every one is different, These days, newer bindings are single ample than my friend and my surgical and, she said, without first inspecting the sheets that are just glued in. When you open patient Rev. Leonard Robinson. He book, it’s difficult to estimate the cost of the them up, they sometimes crack and fall epitomizes the service and sacrifice of repairs. Prices per piece range from about apart. And those are kind of hard to fix, be- our men and women in uniform. $100 to more than $1,000. cause they don’t have enough of the margin ‘‘It will depend on what needs to be done, that’s necessary to drill the holes for stitch- f what the customer wants, if we are trying to ing. Older books tend to be in better shape. save all the original material or make a new STRENGTHENING SOCIAL SD: How does having MS affect your work SECURITY ACT cover, and then that will depend on whether as a binder? it is in leather or imitation leather,’’ Holzer MH: I just get really tired sometimes. It’s Mr. HARKIN. Mr. President, I have explained. almost like I’m walking through mud or spoken on the floor of this body on a Demonstrating her craft to a visitor, something. It’s a big effort to do things. It’s Holzer smiled and laughed frequently. She number of occasions about the impend- also dexterity, fine motor control. took particular delight in the gold stamper, ing retirement crisis facing this coun- SD: Are you concerned about the new all- with which she embosses books’ spines and try. I know from my constituents that in-one machines that can print a book from covers with shiny letters and designs. With the dream of a secure retirement is a digital file and then bind it? this device, Holzer can also turn strips of MH: Not particularly. You see a book, and growing fainter and fainter. In fact, the scrap leather into personalized bookmarks, you never think what goes into making it. retirement income deficit—meaning, mementos that she gives visitors to the bind- They [bind books] by machine nowadays. But difference between what people have ery. Holzer’s shop—along with the handful of if you want to repair a book, you can’t do it saved for retirement and what they other small bookbinders scattered around by machine. should have at this point—is a stag- the state—embodies the spirit of quality f gering $6.6 trillion and growing. Today, artisanship associated with Vermont. Case in half of Americans have less than $10,000 point: Holzer mentioned a client from Hous- TRIBUTE TO REVEREND LEONARD in savings, and only 14 percent are ton, Texas, for whom she bound a memorial ROBINSON ‘‘very confident’’ they will have enough Bible. Its owner had found Holzer Bindery Mr. BARRASSO. Madam President, I money for a comfortable retirement. online and chosen the company specifically wish to speak about one of Wyoming’s I am deeply concerned by these sta- because of its Vermont location, she said; to greatest World War II heroes, the Rev. tistics. That is why, in 2013, I intro- him, this guaranteed careful craft. Over cups of tea served beneath the cuckoo Leonard Robinson. Leonard is a special duced legislation to tackle this chal- clock in her kitchen, Holzer talked with man whose sacrifice speaks louder than lenge head on. My legislation, S. 567 Seven Days about the fine art of fine books. his words. the Strengthening Social Security Act

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.011 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1044 CONGRESSIONAL RECORD — SENATE February 25, 2014 of 2013, would improve the most effi- nalists; and visa delays or denials for Virginia and those who have brought cient, most effective retirement pro- journalists not only fails its own peo- positive attention to our great State. gram we have—Social Security—in ple but also fails the international After more than two decades practicing three ways. First, it would increase community. A vibrant and free press as a cardiologist in the Mountain benefits by about $65 per month for all instills trust in one’s government, cre- State, it is unquestionable that his in- beneficiaries. Second, it would ensure ates a more transparent environment tegrity and work ethic know no that annual cost of living adjustments for business investments, develops an bounds. And today, I am proud to com- more accurately reflect the cost of liv- engaged community, and builds legit- memorate the success of such a won- ing experienced by seniors by adopting imacy as a secure, global leader. We ex- derful person and such a talented phy- the CPI-E. And, finally, it would re- pect our partners to strive for these sician. move the wage cap so that the payroll standards. It is fitting that Dr. Yousaf was pre- tax applies fairly to every dollar of As we look to rebalance our policy sented with the Heart of Gold Award wages. According to the Social Secu- toward the Asia-Pacific region, the last year, for he once described ‘‘the rity actuaries, my proposal would in- United States has a responsibility to personal satisfaction you get’’ as a crease benefits for current and future promote respect for universal human physician who has the means and op- beneficiaries while also extending the rights. We urge President Obama to use portunities to save lives every day. So life of the Social Security Trust Fund all appropriate tools to improve and today, I congratulate a remarkably in- through 2049. promote freedom of the press in China. telligent and gifted cardiologist on re- Recently, an organization that I have I would like to thank my colleagues ceiving such an esteemed honor. I worked closely with for many years, for joining me in support of press free- know he will continue to save lives in the National Committee to Preserve dom in China. the great state of West Virginia for Social Security & Medicare, launched a f years to come.∑ campaign in support of a proposal that f would boost Social Security benefits, ADDITIONAL STATEMENTS REMEMBERING MICHAEL A. including my legislation. I deeply ap- STEPOVICH preciate the support of the national TRIBUTE TO DR. MOHAMMAD ∑ Ms. MURKOWSKI. Madam President, committee, and commend them for YOUSAF their work to strengthen and expand I wish to give tribute to Alaska’s last ∑ Social Security. I look forward to con- Mr. MANCHIN. Madam President, I Territorial Governor, Michael A. tinuing to work with them, and other wish to recognize one of West Vir- Stepovich, who unfortunately died supportive organizations, to confront ginia’s finest cardiologists, Dr. Moham- early on Valentine’s Day, Feb. 14, at our Nation’s retirement crisis. mad Yousaf, on receiving the 2013 the age of 94. Strengthening and expanding Social Heart of Gold Award, which was pre- Mr. Stepovich was a war veteran, a Security is the crucial first step. sented by the West Virginia American legislator, a local government leader, Heart Association on February 23, 2013. the first Governor of the Territory f There is truly no one more qualified, born in Alaska and the last prior to FREEDOM OF THE PRESS IN more compassionate or more devoted statehood in 1957 and 1958, a lawyer, a CHINA than Dr. Yousaf, who has been prac- civic leader, businessman and a true Mr. CARDIN. Madam President, ticing in West Virginia for more than statesman. He also was a good man, today I would like to draw attention to 20 years. and great friend to my entire family. a disturbing trend impacting the work A native of Pakistan, Dr. Yousaf When my family moved to Fairbanks, of journalists in China. made his way to West Virginia to com- AK in the early 1970s, Mike and his On January 30, 2014, New York Times plete his residency at Marshall Univer- wife Mathilda and their children were reporter Austin Ramzy was forced to sity. During his fellowship, he was as- our earliest and closest friends. The leave China due to processing delays signed rotations in our beautiful Stepovics raised a large and loving for his press credentials. Unfortu- State’s capital, Charleston. Thank- family, and while most Alaskans will nately, this is not an isolated event. In fully, he never left and his unwavering remember Mike as an Alaskan states- 2013, Reporters Without Borders ranked commitment to the cardiology field at man, I will always think of him first as China 173rd out of 179 countries in South Charleston Cardiology, where he a true family man. terms of press freedoms. Over the past continues to practice today, has con- Michael was born in Fairbanks on year, we have seen China increase ef- sistently saved West Virginian lives March 12, 1919, the son of Michael A. forts to curb the work of foreign news across our State. and Olga S. Stepovich. He graduated in organizations, including extended With the help of Dr. Yousaf’s momen- 1940 from Gonzaga University—which delays in processing journalist visas, tous contributions and medical exper- in 1966 honored him with the DeSmet restrictions on access to ‘‘sensitive’’ lo- tise, the quality of West Virginia’s medal for being an ‘‘outstanding grad- cations and individuals, pressure on medical community has strengthened uate and layman.’’ He earned a law de- local staff, blocked Web sites, and re- throughout the years and the health gree from Notre Dame in 1943, and after ports of cyber hacking of media organi- and well-being of the people of West service in the Navy, he completed post- zations. Virginia continue to improve. graduate work at Santa Clara College To call attention to this suppression, There are a myriad of doctors across in 1946. I, as chairman of the Senate Foreign this Nation that diagnose and treat pa- Stepovich opened a private law prac- Relations Subcommittee on East Asian tients every day. However, what distin- tice in Fairbanks in 1948, serving as the and Pacific Affairs, along with sub- guishes a good doctor from a great doc- city attorney of Fairbanks from 1950 to committee ranking member MARCO tor starts and stops with patient care. 1952, as a delegate to the Territorial RUBIO, Senate Foreign Relations chair- Dr. Yousaf always puts his patients House of Representatives from 1951– man BOB MENENDEZ, and ranking mem- first and takes the time to build the 1953 and in the Territorial Senate from ber BOB CORKER, introduced S. Res. 361. trust and confidence necessary that 1953–1957. While in the Senate he served This resolution urges the People’s Re- leads to positive and long-lasting doc- as minority leader and was a strong public of China to take meaningful tor-patient relationships. Long days supporter of statehood. He worked tire- steps to improve freedom of expression and sleepless nights never obstruct lessly on the 1956 referendum for state- in China as fitting of a responsible from the compassion and dedication hood. President Dwight Eisenhower ap- international stakeholder. Dr. Yousaf devotes to each one of his pointed Stepovich to be Territorial The ongoing crackdown on journal- patients. Governor after Alaskans went to the ists and members of the press reporting Dr. Yousaf is also no stranger to ballot box in support of joining the in China is of grave concern to me. A prestigious awards, including the Dis- Union. He was to be Alaska’s last Ter- country that engages in routine cen- tinguished West Virginian award, ritorial Governor—within a year Con- sorship and online blocking; harass- which was created to honor those who gress would approve Alaska as the 49th ment, reprisals, and detention of jour- have contributed significantly to West State.

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.037 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1045 After statehood, Governor Stepovich the same year a group of Alaska Na- began their public pursuit of equal turned his attention to representing tives from Southeast formed the Alas- rights for all people in Alaska. Alaska in the U.S. Senate. He lost his ka Native Brotherhood to advocate for Elizabeth began to call upon her bid in 1958 to be one of Alaska’s first a right to U.S. citizenship for Alaska friends and family to involve them- Senators to Ernest Gruening, who had Natives. In 1915, Alaska Native women selves in the anti-discrimination move- served in Washington as one of Alas- came together and established the ment. She recruited women to meet ka’s fir two ‘‘shadow’’ Senators since Alaska Native Sisterhood to work with a Senator from Nome in order to 1956. Stepovich later ran and lost races alongside the brotherhood. Although express to him what it felt like to be to be Governor, first against William Elizabeth was very young for the cre- discriminated against, left out of the A. Egan and later against Walter ation of these bodies, each came to United Service Organization, and Hickel. But his defeats did not dimin- play a great role in her fight for equal forced to read signs in local businesses ish his interest in or dedication to rights. barring them from entry. Elizabeth and Alaska. And he remained especially Many Americans are familiar with Roy met with Governor Gruening to committed to Fairbanks and the rest of the history of discrimination and pres- strategize their movement, and then the Interior region. ence of Jim Crow laws at this time in traveled around Native communities From chairing the Fairbanks Plan- the South. Probably fewer Americans bringing with them sample anti-dis- are familiar with the existence of simi- ning and Zoning Committee in 1952 and crimination legislation from the lower lar discrimination towards Alaska Na- 1953, through the 1980s, Mike Stepovich 48. In 1943, State Senator Norman tives. In Juneau, Alaskan Natives were was always ready to serve to better Walker introduced an act that would restricted to purchasing homes in only Alaska. He was active in the Pioneers provide full and equal accommodations certain parts of town and their chil- of Alaska, the Elks, Eagles, American to all people within the Territory of dren restricted to segregated Indian Legion and the Tanana Valley Bar As- Alaska. The vote was defeated, but the schools. Local business displayed signs sociation. And that was not always Peratroviches were not. easy given that he was a devoted fam- in their store fronts reading, ‘‘No Na- In 1945, the antidiscrimination bill ily man to his wife Matilda and 13 chil- tives Allowed,’’ ‘‘We cater to white was reintroduced. It passed the house dren: Antonia, Maria Theresa, Michael, trade only,’’ or ‘‘No Dogs, No Natives’’ and moved to the senate. The gallery Peter, Christopher, Dominic, Theodore and restaurant signs read, ‘‘Meals at was full, the doors were open and spec- John, Nicholas Vincent, James, Laura, all hours—All white help.’’ The U.S. tators filled the halls outside. Once on Nada, Andrea and Melissa. All 13 of the Congress granted citizenship to Native the senate floor, the debate began. As Stepovich children were able to be to- Americans in 1924, yet signs like these senators stood to speak, Elizabeth, gether with Mike before he passed. and the discrimination they per- along with many other community While I could tell many stories about petrated endured. members listened. They listened as one Mike, let me just say to my fellow Sen- Elizabeth grew up and attended Senator rose to say: ators that Mike Stepovich was a man school in Petersburg, Sitka and Ketch- who would have given the shirt off his ikan. After graduating she continued Far from being brought closer together, back to help a neighbor in need. He was her education at the Western College of which will result from this bill, the races one of the most honorable, decent, and Education in Bellingham, WA. In 1931, should be kept further apart. Who are these people, barely out of savagery, who want to wise men I have had the distinct honor Elizabeth married Roy Peratrovich, a fellow Western College student and associate with us whites with 5,000 years of to know in my life. I can only offer my recorded civilization behind us? sincere condolences to his family upon Tlingit from Klawock, AK. In 1940, Roy his death, just a month shy of his 95th was elected to be the Alaska Native Elizabeth looked on as another sen- birthday. Brotherhood’s camp president and the ator claimed, ‘‘Mixed breeds are the Alaska is a much better place be- following year Elizabeth was elected source of trouble, it is they only who cause of Mike Stepovich. Those of us grand president of the Alaska Native wish to associate with the whites,’’ and who were lucky enough to know him Sisterhood. as a church leader declared that it understand how great a loss this is for Together, with their young family, would take at least 30 years before Alaska. We will always remember his the Peratroviches moved to Juneau, Alaska Natives were equal to white efforts that helped make Alaska, and only to experience discrimination men, Roy rose to speak on behalf of the his hometown of Fairbanks, what it is against Alaska Natives first-hand. Eliz- bill noting that Governor Gruening today.∑ abeth and Roy picked out a home to- recognized discrimination in Alaska. gether and tried to purchase it, but He addressed the legislature with these f once the owners realized that the words, ‘‘Either you are for discrimina- REMEMBERING ELIZABETH AND Peratroviches were Alaska Native, tion or you are against it accordingly ROY PERATROVICH they would not sell. Their children felt as you vote on this bill.’’ ∑ Ms. MURKOWSKI. Madam President, unwelcome at school. Their close fam- Once debate on the bill concluded, I wish to honor Elizabeth Peratrovich, ily friend, Henrietta Newton, who was the public was given a chance to ex- her husband Roy Peratrovich, and not Alaska Native herself but married press their views in front of the legisla- their relentless pursuit of equal civil an Alaska Native man, was told by a ture and a crowd gathered that day. rights in the territory of Alaska. Eliza- local beauty parlor, ‘‘I’m sorry we Given this chance, Elizabeth took it. beth and Roy lived and worked long be- don’t cater to Indian trade.’’ When an Once on the senate floor, Elizabeth sat fore Alaska became a State and still Alaska Native child had an altercation next to the president of the senate, longer before the United States passed with the law, their local newspaper where she addressed the predominantly the Civil Rights Act of 1964. February published it as front page news. Dis- white and all-male body of legislators. 16, 2014 marked the 25th year Alaskans crimination towards Alaska Natives re- ‘‘I would not have expected that I, who celebrated Elizabeth and the passage of mained prevalent. On December 30, am barely out of savagery, would have the Alaska Anti-Discrimination Act of 1941, in their capacities as president to remind gentlemen with five thou- 1945. I would like to take a moment and grand president of the Alaska Na- sand years of recorded civilization be- today, to once again, share the tive Brother and Sisterhoods, Roy and hind them of our Bill of Rights.’’ Peratroviches’ story and reflect on the Elizabeth wrote a letter to Ernest When asked if she thought the bill legacy of their work. Gruening, then Governor of the Terri- would eliminate discrimination, Eliza- Elizabeth, a member of the tory of Alaska. The letter drew atten- beth replied: Lukaaxa´ di clan, in the Raven moiety tion to the discrepancy between Alaska of the Tlingit tribe, was born on Inde- Natives paying taxes for a public Do your laws against larceny and even pendence Day in Petersburg, AK in school system from which their chil- murder prevent those crimes? No law will eliminate crimes but at least you as legisla- 1911. One year later, Alaska gained a dren were excluded and also between tors can assert to the world that you recog- territorial legislature in Juneau made Alaska Native men fighting in World nize the evil of the present situation and up of 8 senators and 16 representatives, War II, who upon return were denied speak your intent to help us overcome dis- none of whom were Alaska Native. In rights that other locals enjoyed. Thus crimination.

VerDate Mar 15 2010 01:18 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.009 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1046 CONGRESSIONAL RECORD — SENATE February 25, 2014 As Elizabeth finished speaking, the Susan Beckman Roghani learned the emergency is to continue in effect be- gallery broke out in applause. The sen- value of homemade goods from her yond the anniversary date. In accord- ate voted and passed the anti-discrimi- mother, who sold soaps, creams, and ance with this provision, I have sent nation bill by a vote of 11 to 5. On Feb- original art at local events. In 1986, the enclosed notice to the Federal Reg- ruary 16, 1945, Elizabeth earned her Susan built on the work of her mother ister for publication, stating that the spot as our fighter with velvet gloves, and founded the Camille Beckman cos- national emergency declared on March and as she’s respectfully remembered metics brand in Boise, ID, which uses 1, 1996, with respect to the Government in our State, Alaska’s Martin Luther wholesome ingredients and natural of Cuba’s destruction of two unarmed King.∑ herbs to produce high-quality creams U.S.-registered civilian aircraft in f and lotions. From production and in- international airspace north of Cuba on gredients to design and marketing, REMEMBERING AMY S. PERKINS February 24, 1996, as amended and ex- every aspect of the Camille Beckman panded on February 26, 2004, is to con- ∑ Ms. AYOTTE. Madam President, I brand is produced from American-made tinue in effect beyond March 1, 2014. wish to celebrate the life and legacy of materials and the company consist- BARACK OBAMA. a great New Hampshire public serv- ently exceeds the Federal Trade Com- THE WHITE HOUSE, February 25, 2014. ant—State representative Amy S. Per- mission’s Made in the USA standard. f kins of Seabrook. After relocating in 2001 to a larger fa- EXECUTIVE AND OTHER I was deeply saddened to learn of cility in Eagle, ID, Camille Beckman Amy’s passing earlier this week. At age COMMUNICATIONS continued to grow and expand. Today, 43, she was taken from us far too soon. Camille Beckman’s handcrafted luxury The following communications were My heart is broken for her family and body products are sold in over 10,000 lo- laid before the Senate, together with friends, as well as her constituents in cations across the country, along with accompanying papers, reports, and doc- Seabrook. many retailers globally. Their factory uments, and were referred as indicated: Amy represented the very best of EC–4706. A communication from the Sec- New Hampshire’s ‘‘citizen legislature.’’ headquarters prides itself on being an energy-efficient, state-of-the-art, retary of the Federal Trade Commission, She and her husband Koko, also a transmitting, pursuant to law, the report of State representative, represented architecturally beautiful 105,000 square a rule entitled ‘‘Commission Reporting Re- Seabrook together at the State House foot facility that, through their ‘‘re- quirements Under Section 7A of the Clayton while also giving back to their beloved duce and recycle’’ production policies, Act, 15 U.S.C. Section 18a’’ received in the community in so many other ways. consumes only around 30 percent of en- Office of the President of the Senate on Feb- Amy was active in her church in ergy used by similarly sized facilities. ruary 10, 2014; to the Committee on Com- Seabrook and was a member of the The company’s positive and energetic merce, Science, and Transportation. EC–4707. A communication from the Direc- Raymond E. Walton American Legion culture has contributed tremendously to Camille Beckman’s continued suc- tor, Office of Sustainable Fisheries, Depart- Post 70 Women’s Auxiliary. Koko, who ment of Commerce, transmitting, pursuant continues to serve in the legislature, is cess. Thanks to an ongoing commit- to law, the report of a rule entitled ‘‘Fish- the deputy chief at the Seabrook Fire ment to its workers, Camille Beckman eries of the Exclusive Economic Zone Off Department. As a husband and wife has many employees that have been Alaska; Tanner Crab Area Closure in the team, they committed themselves to with the company since its formative Gulf of Alaska and Gear Modification Re- giving back to others—embodying New years. In 1995, the Camille Beckman quirements for the Gulf of Alaska and Bering Hampshire’s distinctive spirit of com- Foundation was formed as a way to Sea Groundfish Fisheries’’ (RIN0648–BB76) munity. help charities at the local, national, received during adjournment of the Senate and international levels. From food in the Office of the President of the Senate In addition to her public duties, Amy on February 7, 2014; to the Committee on was also a devoted mother who leaves banks to orphanages to medical care, Commerce, Science, and Transportation. behind two children—her son the foundation gives money to dozens EC–4708. A communication from the Direc- Daumanic Fucile and her daughter of charities in Idaho and across the tor, Office of Sustainable Fisheries, Depart- Katelyn Perkins. She was also a daugh- world. ment of Commerce, transmitting, pursuant ter and a sister—and I extend my deep- I congratulate Camille Beckman on to law, the report of a rule entitled ‘‘Pacific est sympathy to the family members their success, continued growth, and Island Fisheries; 2014 Annual Catch Limits who are mourning her loss. exemplary reputation for quality. and Accountability Measures’’ (RIN0648– Amy was a leader who refused to sit XC954) received during adjournment of the Camille Beckman represents the best Senate in the Office of the President of the on the sidelines. She is someone who aspects of American craftsmanship and Senate on February 7, 2014; to the Com- cared deeply about her town and her is a credit to both Idaho and the Na- mittee on Commerce, Science, and Transpor- State, and she selflessly stepped up to tion.∑ tation. serve. Amy leaves behind a legacy of EC–4709. A communication from the Sec- f service that I know her husband Koko retary of Transportation, transmitting, pur- will carry on—and her children will al- REPORT ON THE CONTINUATION suant to law, an annual report relative to ac- ways be able to look to the example OF THE NATIONAL EMERGENCY complishments made under the Airport Im- she set as a model of how to give back WITH RESPECT TO CUBA AND OF provement Program for fiscal year 2010; to THE EMERGENCY AUTHORITY the Committee on Commerce, Science, and to others. Transportation. Amy Perkins will be deeply missed RELATING TO THE REGULATION EC–4710. A communication from the Sec- by those whose lives she touched. Her OF THE ANCHORAGE AND MOVE- retary of the Federal Trade Commission, family and many friends will remain in MENT OF VESSELS—PM 30 transmitting, pursuant to law, the report of ∑ my thoughts and prayers. The PRESIDING OFFICER laid be- a rule entitled ‘‘Commission Reporting Re- f quirements Under Section 8 of the Clayton fore the Senate the following message Act, 15 U.S.C. Section 19(a)(5)’’ received in RECOGNIZING CAMILLE BECKMAN from the President of the United the Office of the President of the Senate on ∑ Mr. RISCH. Madam President, count- States, together with an accompanying February 10, 2014; to the Committee on Com- report; which was referred to the Com- merce, Science, and Transportation. less American businesses find their EC–4711. A communication from the Attor- start in the living rooms, backyards, mittee on Banking, Housing, and Urban Affairs: ney-Advisor, Office of the Secretary, Depart- and garages of aspiring entrepreneurs. ment of Transportation, transmitting, pur- Harnessing individual creativity and To the Congress of the United States: suant to law, a report relative to a vacancy work ethic, a hobby can grow into a Section 202(d) of the National Emer- in the position of Under Secretary of Trans- lasting enterprise. Today I wish to rec- gencies Act (50 U.S.C. 1622(d)) provides portation for Policy, Department of Trans- ognize and commend the Camille Beck- for the automatic termination of a na- portation, received during adjournment of man corporation, a company from my tional emergency unless, within 90 the Senate in the Office of the President of the Senate on February 18, 2014; to the Com- home State of Idaho whose hard work days prior to the anniversary date of mittee on Commerce, Science, and Transpor- and dedication to quality has seen its declaration, the President publishes tation. growth and prosperity in a unique and in the Federal Register and transmits to EC–4712. A communication from the Dep- thriving market. the Congress a notice stating that the uty Assistant Administrator for Regulatory

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.019 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1047 Programs, Office of Sustainable Fisheries, the President of the Senate on February 12, table Programs, Agricultural Marketing Department of Commerce, transmitting, pur- 2014; to the Committee on Banking, Housing, Service, Department of Agriculture, trans- suant to law, the report of a rule entitled and Urban Affairs. mitting, pursuant to law, the report of a rule ‘‘Fisheries Off West Coast States; Coastal EC–4721. A communication from the Chief entitled ‘‘Irish Potatoes Grown in Colorado; Pelagic Species Fisheries; Annual Specifica- Counsel, Federal Emergency Management Decreased Assessment Rate for Area No. 2’’ tions’’ (RIN0648–XC772) received during ad- Agency, Department of Homeland Security, (Docket No. AMS–FV–13–0072; FV13–948–2 journment of the Senate in the Office of the transmitting, pursuant to law, the report of FIR) received in the Office of the President President of the Senate on February 18, 2014; a rule entitled ‘‘Final Flood Elevation Deter- of the Senate on February 24, 2014; to the to the Committee on Commerce, Science, minations’’ ((44 CFR Part 67) (Docket No. Committee on Agriculture, Nutrition, and and Transportation. FEMA–2013–0002)) received in the Office of Forestry. EC–4713. A communication from the Chief the President of the Senate on February 12, EC–4731. A communication from the Asso- of Staff, Media Bureau, Federal Communica- 2014; to the Committee on Banking, Housing, ciate Administrator of the Fruit and Vege- tions Commission, transmitting, pursuant to and Urban Affairs. table Programs, Agricultural Marketing law, the report of a rule entitled ‘‘Television EC–4722. A communication from the Chair- Service, Department of Agriculture, trans- Broadcasting Services; Oklahoma City, man and President of the Export-Import mitting, pursuant to law, the report of a rule Oklahoma’’ (MB Docket No. 13–302, DA 14– Bank, transmitting, pursuant to law, a re- entitled ‘‘Paper and Paper-Based Packaging 130) received during adjournment of the Sen- port relative to transactions involving U.S. Promotion, Research and Information ate in the Office of the President of the Sen- exports to Angola; to the Committee on Order’’ (Docket No. AMS–FV–11–0069 FR) re- ate on February 18, 2014; to the Committee Banking, Housing, and Urban Affairs. ceived in the Office of the President of the Senate on February 24, 2014; to the Com- on Commerce, Science, and Transportation. EC–4723. A communication from the Chair- EC–4714. A communication from the Chief man and President of the Export-Import mittee on Agriculture, Nutrition, and For- of Staff, Media Bureau, Federal Communica- Bank, transmitting, pursuant to law, a re- estry. EC–4732. A communication from the Asso- tions Commission, transmitting, pursuant to port relative to transactions involving U.S. ciate Administrator of the Fruit and Vege- law, the report of a rule entitled ‘‘Television exports to Mexico; to the Committee on table Programs, Agricultural Marketing Banking, Housing, and Urban Affairs. Broadcasting Services; Birmingham, Ala- Service, Department of Agriculture, trans- EC–4724. A communication from the Sec- bama’’ (MB Docket No. 13–261, DA 14–131) re- mitting, pursuant to law, the report of a rule retary of the Treasury, transmitting, pursu- ceived during adjournment of the Senate in entitled ‘‘Irish Potatoes Grown in Wash- ant to law, a six-month periodic report on the Office of the President of the Senate on ington and Imported Potatoes; Modification February 18, 2014; to the Committee on Com- the national emergency with respect to Iran of the Handling Regulations, Reporting Re- merce, Science, and Transportation. as declared in Executive Order 12957 of March quirements, and Import Regulations for Red EC–4715. A communication from the Sec- 15, 1995; to the Committee on Banking, Hous- Types of Potatoes’’ (Docket No. AMS–FV–13– retary of Transportation, transmitting, pur- ing, and Urban Affairs. 0068; FV13–946–3 IR) received in the Office of suant to law, a report relative to all com- EC–4725. A communication from the Chief the President of the Senate on February 24, plaints received by air carriers alleging dis- Counsel, Federal Emergency Management 2014; to the Committee on Agriculture, Nu- crimination on the basis of disability; to the Agency, Department of Homeland Security, trition, and Forestry. Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–4733. A communication from the Asso- Transportation. a rule entitled ‘‘Final Flood Elevation Deter- ciate Administrator of the Fruit and Vege- EC–4716. A communication from the Dep- minations’’ ((44 CFR Part 67) (Docket No. table Programs, Agricultural Marketing uty Secretary of the Commodity Futures FEMA–2013–0002)) received in the Office of Service, Department of Agriculture, trans- Trading Commission, transmitting, pursuant the President of the Senate on February 12, mitting, pursuant to law, the report of a rule to law, the report of a rule entitled ‘‘Treat- 2014; to the Committee on Banking, Housing, entitled ‘‘Irish Potatoes Grown in Colorado; ment of Certain Collateralized Debt Obliga- and Urban Affairs. Decreased Assessment Rate for Area No. 2’’ tions Backed Primarily by Trust Preferred EC–4726. A communication from the Presi- (Docket No. AMS–FV–13–0072; FV13–13–948–2 Securities With Regard to Prohibitions and dent of the United States, transmitting, pur- IR) received in the Office of the President of Restrictions on Certain Interests in, and Re- suant to law, a report relative to the con- the Senate on February 24, 2014; to the Com- lationships With, Hedge Funds and Private tinuation of the national emergency with re- mittee on Agriculture, Nutrition, and For- Equity Funds’’ (RIN3038–AE13) received dur- spect to Libya declared in Executive Order estry. ing adjournment of the Senate in the Office 13566; to the Committee on Banking, Hous- EC–4734. A communication from the Asso- of the President of the Senate on February ing, and Urban Affairs. ciate Administrator of the Fruit and Vege- 18, 2014; to the Committee on Banking, Hous- EC–4727. A communication from the Direc- table Programs, Agricultural Marketing ing, and Urban Affairs. tor, Financial Crimes Enforcement Network, Service, Department of Agriculture, trans- EC–4717. A communication from the Chief Department of the Treasury, transmitting, mitting, pursuant to law, the report of a rule Counsel, Federal Emergency Management pursuant to law, the report of a rule entitled entitled ‘‘Softwood Lumber Research, Pro- Agency, Department of Homeland Security, ‘‘Anti-Money Laundering Program and Sus- motion, Consumer Education and Industry transmitting, pursuant to law, the report of picious Activity Report Filing Requirements Information Order; Changes to the Member- a rule entitled ‘‘Suspension of Community for Housing Government Sponsored Enter- ship of the Softwood Lumber Board’’ (Docket Eligibility’’ ((44 CFR Part 64) (Docket No. prises’’ (RIN1506–AB14) received during ad- No. AMS–FV–13–0038) received in the Office FEMA–2013–0002)) received in the Office of journment of the Senate in the Office of the of the President of the Senate on February the President of the Senate on February 12, President of the Senate on February 20, 2014; 24, 2014; to the Committee on Agriculture, 2014; to the Committee on Banking, Housing, to the Committee on Banking, Housing, and Nutrition, and Forestry. and Urban Affairs. Urban Affairs. EC–4735. A communication from the Asso- EC–4718. A communication from the Chief EC–4728. A communication from the Asso- ciate Administrator of the Cotton and To- Counsel, Federal Emergency Management ciate Administrator of the Fruit and Vege- bacco Programs, Agricultural Marketing Agency, Department of Homeland Security, table Programs, Agricultural Marketing Service, Department of Agriculture, trans- transmitting, pursuant to law, the report of Service, Department of Agriculture, trans- mitting, pursuant to law, the report of a rule entitled ‘‘Cotton Futures Classification: Op- a rule entitled ‘‘Final Flood Elevation Deter- mitting, pursuant to law, the report of a rule tional Classification Procedure’’ (Docket No. minations’’ ((44 CFR Part 67) (Docket No. entitled ‘‘Irish Potatoes Grown in Modoc and AMS–FV–13–0043) received in the Office of FEMA–2013–0002)) received in the Office of Siskiyou Counties, California, and in All the President of the Senate on February 24, the President of the Senate on February 12, Counties in Oregon, Except Malheur County; 2014; to the Committee on Agriculture, Nu- Termination of Marketing Order No. 947’’ 2014; to the Committee on Banking, Housing, trition, and Forestry. and Urban Affairs. (Docket No. AMS–FV–13–0036; FV13–947–1 FR) EC–4736. A communication from the Asso- EC–4719. A communication from the Chief received in the Office of the President of the ciate Administrator of the Fruit and Vege- Counsel, Federal Emergency Management Senate on February 24, 2014; to the Com- table Programs, Agricultural Marketing Agency, Department of Homeland Security, mittee on Agriculture, Nutrition, and For- Service, Department of Agriculture, trans- transmitting, pursuant to law, the report of estry. mitting, pursuant to law, the report of a rule a rule entitled ‘‘Final Flood Elevation Deter- EC–4729. A communication from the Asso- entitled ‘‘Oranges, Grapefruit, Tangerines, minations’’ ((44 CFR Part 67) (Docket No. ciate Administrator of the Fruit and Vege- and Tangelos Grown in Florida; Increased FEMA–2013–0002)) received in the Office of table Programs, Agricultural Marketing Assessment Rate’’ (Docket No. AMS–FV–13– the President of the Senate on February 12, Service, Department of Agriculture, trans- 0074; FV13–905–3 FR) received in the Office of 2014; to the Committee on Banking, Housing, mitting, pursuant to law, the report of a rule the President of the Senate on February 24, and Urban Affairs. entitled ‘‘Tomatoes Grown in Florida; In- 2014; to the Committee on Agriculture, Nu- EC–4720. A communication from the Chief creased Assessment Rate’’ (Docket No. AMS– trition, and Forestry. Counsel, Federal Emergency Management FV–13–0076; FV13–966–1 FR) received in the EC–4737. A communication from the Direc- Agency, Department of Homeland Security, Office of the President of the Senate on Feb- tor of the Regulatory Management Division, transmitting, pursuant to law, the report of ruary 24, 2014; to the Committee on Agri- Environmental Protection Agency, transmit- a rule entitled ‘‘Final Flood Elevation Deter- culture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- minations’’ ((44 CFR Part 67) (Docket No. EC–4730. A communication from the Asso- titled ‘‘GS-omega/kappa-Hxtx-Hv1a; Exemp- FEMA–2013–0002)) received in the Office of ciate Administrator of the Fruit and Vege- tion from the Requirement of a Tolerance’’

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.011 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1048 CONGRESSIONAL RECORD — SENATE February 25, 2014 (FRL No. 9904–92) received during adjourn- boundary of the Fort Hall Indian Reserva- owners from being forced to pay taxes ment of the Senate in the Office of the Presi- tion, and for other purposes; to the Com- on forgiven mortgage loan debt. dent of the Senate on February 20, 2014; to mittee on Indian Affairs. S. 1395 the Committee on Agriculture, Nutrition, By Mr. CRAPO (for himself and Mr. At the request of Mr. LEAHY, the and Forestry. RISCH): EC–4738. A communication from the Direc- S. 2041. A bill to repeal the Act of May 31, name of the Senator from Missouri tor of the Regulatory Management Division, 1918, and for other purposes; to the Com- (Mr. BLUNT) was added as a cosponsor Environmental Protection Agency, transmit- mittee on Indian Affairs. of S. 1395, a bill to amend the Internal ting, pursuant to law, the report of a rule en- f Revenue Code of 1986 to permanently titled ‘‘N-(n-octyl)-2-pyrrolidone; Exemption extend and expand the charitable de- from the Requirement of a Tolerance’’ (FRL SUBMISSION OF CONCURRENT AND duction for contributions of food inven- No. 9906–17) received during adjournment of SENATE RESOLUTIONS tory. the Senate in the Office of the President of The following concurrent resolutions the Senate on February 20, 2014; to the Com- S. 1397 mittee on Agriculture, Nutrition, and For- and Senate resolutions were read, and At the request of Mr. PORTMAN, the estry. referred (or acted upon), as indicated: name of the Senator from West Vir- EC–4739. A communication from the Direc- By Mr. DURBIN (for himself and Mr. ginia (Mr. MANCHIN) was added as a co- tor of the Regulatory Management Division, RUBIO): sponsor of S. 1397, a bill to improve the Environmental Protection Agency, transmit- S. Con. Res. 32. A concurrent resolution ex- efficiency, management, and inter- ting, pursuant to law, the report of a rule en- pressing the sense of Congress regarding the agency coordination of the Federal per- titled ‘‘Alkyl Alcohol Alkoxylate Phosphate need for investigation and prosecution of war mitting process through reforms over- and Sulfate Derivatives; Exemption from the crimes, crimes against humanity, and geno- Requirement of a Tolerance’’ (FRL No. 9906– cide, whether committed by officials of the seen by the Director of the Office of 24) received during adjournment of the Sen- Government of Syria, or members of other Management and Budget, and for other ate in the Office of the President of the Sen- groups involved in civil war in Syria, and purposes. ate on February 20, 2014; to the Committee calling on the President to direct the United S. 1404 on Agriculture, Nutrition, and Forestry. States Permanent Representative to the At the request of Mr. COBURN, the EC–4740. A communication from the Direc- United Nations to use the voice and vote of name of the Senator from Mississippi tor of the Regulatory Management Division, the United States to immediately promote (Mr. COCHRAN) was added as a cospon- Environmental Protection Agency, transmit- the establishment of a Syrian war crimes tri- ting, pursuant to law, the report of a rule en- bunal, and for other purposes; to the Com- sor of S. 1404, a bill to prohibit the con- titled ‘‘Saflufenacil; Pesticide Tolerances’’ mittee on Foreign Relations. sideration of any bill by Congress un- less the authority provided by the Con- (FRL No. 9905–87) received during adjourn- f ment of the Senate in the Office of the Presi- stitution of the United States for the dent of the Senate on February 20, 2014; to ADDITIONAL COSPONSORS legislation can be determined and is the Committee on Agriculture, Nutrition, S. 149 clearly specified. and Forestry. S. 1406 EC–4741. A communication from the Assist- At the request of Ms. KLOBUCHAR, the At the request of Ms. AYOTTE, the ant General Counsel for Legislation, Regula- name of the Senator from California tion and Energy Efficiency, Department of (Mrs. FEINSTEIN) was added as a co- names of the Senator from Georgia Energy, transmitting, pursuant to law, the sponsor of S. 149, a bill to provide effec- (Mr. ISAKSON) and the Senator from Ne- report of a rule entitled ‘‘Energy Conserva- tive criminal prosecutions for certain braska (Mr. JOHANNS) were added as co- tion Program: Energy Conservation Stand- identity thefts, and for other purposes. sponsors of S. 1406, a bill to amend the ards for Metal Halide Lamp Fixtures’’ S. 161 Horse Protection Act to designate ad- (RIN1904–AC00) received in the Office of the ditional unlawful acts under the Act, President of the Senate on February 12, 2014; At the request of Mr. TESTER, the name of the Senator from Montana strengthen penalties for violations of to the Committee on Energy and Natural Re- the Act, improve Department of Agri- sources. (Mr. WALSH) was added as a cosponsor culture enforcement of the Act, and for f of S. 161, a bill to extend the Federal recognition to the Little Shell Tribe of other purposes. REPORTS OF COMMITTEES Chippewa Indians of Montana, and for S. 1456 The following reports of committees other purposes. At the request of Ms. AYOTTE, the name of the Senator from Illinois (Mr. were submitted: S. 375 KIRK) was added as a cosponsor of S. By Mr. HARKIN, from the Committee on At the request of Mr. TESTER, the 1456, a bill to award the Congressional Health, Education, Labor, and Pensions, name of the Senator from Montana Gold Medal to Shimon Peres. with an amendment in the nature of a sub- (Mr. WALSH) was added as a cosponsor S. 1458 stitute: of S. 375, a bill to require Senate can- S. 1086. A bill to reauthorize and improve At the request of Mr. HOEVEN, the didates to file designations, state- the Child Care and Development Block Grant name of the Senator from North Da- ments, and reports in electronic form. Act of 1990, and for other purposes (Rept. No. kota (Ms. HEITKAMP) was added as a co- 113–138). S. 1011 sponsor of S. 1458, a bill to establish f At the request of Mr. JOHANNS, the the Daniel Webster Congressional names of the Senator from North Caro- Clerkship Program. INTRODUCTION OF BILLS AND lina (Mr. BURR) and the Senator from JOINT RESOLUTIONS S. 1459 Massachusetts (Mr. MARKEY) were At the request of Mr. KIRK, the name The following bills and joint resolu- added as cosponsors of S. 1011, a bill to of the Senator from Massachusetts tions were introduced, read the first require the Secretary of the Treasury (Ms. WARREN) was added as a cosponsor and second times by unanimous con- to mint coins in commemoration of the of S. 1459, a bill to amend title 49, sent, and referred as indicated: centennial of Boys Town, and for other United States Code, to prohibit the By Mr. THUNE: purposes. transportation of horses in interstate S. 2038. A bill to provide for the extension S. 1174 transportation in a motor vehicle con- of certain unemployment benefits, and for At the request of Mr. BLUMENTHAL, taining 2 or more levels stacked on top other purposes; to the Committee on Fi- the name of the Senator from Rhode Is- nance. of one another. By Mr. CORNYN: land (Mr. REED) was added as a cospon- S. 1468 S. 2039. A bill to amend the Internal Rev- sor of S. 1174, a bill to award a Congres- At the request of Mr. COONS, his enue Code of 1986 to require that ITIN appli- sional Gold Medal to the 65th Infantry name was added as a cosponsor of S. cants submit their application in person at Regiment, known as the 1468, a bill to require the Secretary of taxpayer assistance centers, and for other Borinqueneers. Commerce to establish the Network for purposes; to the Committee on Finance. S. 1187 Manufacturing Innovation and for By Mr. CRAPO (for himself and Mr. TABENOW other purposes. RISCH): At the request of Ms. S , the S. 2040. A bill to exchange trust and fee name of the Senator from Minnesota S. 1500 land to resolve land disputes created by the (Mr. FRANKEN) was added as a cospon- At the request of Mr. CORNYN, the realignment of the Blackfoot River along the sor of S. 1187, a bill to prevent home- name of the Senator from Alabama

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.013 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1049 (Mr. SESSIONS) was added as a cospon- cosponsors of S. 1982, a bill to improve S. 2039. A bill to amend the Internal sor of S. 1500, a bill to declare the No- the provision of medical services and Revenue Code of 1986 to require that vember 5, 2009, attack at Fort Hood, benefits to veterans, and for other pur- ITIN applicants submit their applica- Texas, a terrorist attack, and to ensure poses. tion in person at taxpayer assistance that the victims of the attack and S. 1999 centers, and for other purposes; to the their families receive the same honors At the request of Mr. GRAHAM, the Committee on Finance. and benefits as those Americans who name of the Senator from Minnesota Mr. CORNYN. Mr. President, I ask have been killed or wounded in a com- (Mr. FRANKEN) was added as a cospon- unanimous consent that the text of the bat zone overseas and their families. sor of S. 1999, a bill to amend the bill be printed in the RECORD. S. 1591 Servicemembers Civil Relief Act to re- There being no objection, the text of At the request of Mrs. HAGAN, the quire the consent of parties to con- the bill was ordered to be printed in name of the Senator from New York tracts for the use of arbitration to re- the RECORD, as follows: (Mrs. GILLIBRAND) was added as a co- solve controversies arising under the S. 2039 sponsor of S. 1591, a bill to amend the contracts and subject to provisions of Be it enacted by the Senate and House of Rep- Internal Revenue Code of 1986 to allow such Act and to preserve the rights of resentatives of the United States of America in the work opportunity credit to small servicemembers to bring class actions Congress assembled, businesses which hire individuals who under such Act, and for other purposes. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘ITIN Reform are members of the Ready Reserve or S. 2021 Act of 2014’’. National Guard, and for other pur- At the request of Ms. CANTWELL, the poses. SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF name of the Senator from New Hamp- ITINS. S. 1659 shire (Mrs. SHAHEEN) was added as a co- (a) IN GENERAL.—Section 6109 of the Inter- At the request of Mr. DURBIN, the sponsor of S. 2021, a bill to amend the nal Revenue Code of 1986 is amended by add- name of the Senator from Massachu- Internal Revenue Code of 1986 to mod- ing at the end the following: setts (Ms. WARREN) was added as a co- ify the incentives for the production of ‘‘(i) SPECIAL RULES RELATING TO THE sponsor of S. 1659, a bill to amend the biodiesel. ISSUANCE OF ITINS.— ‘‘(1) IN GENERAL.—The Secretary may issue Higher Education Act of 1965 regarding S. 2036 proprietary institutions of higher edu- an individual taxpayer identification number At the request of Mr. HARKIN, the to an individual only if the requirements of cation in order to protect students and name of the Senator from New Hamp- paragraphs (2) and (3) are met. taxpayers. shire (Ms. AYOTTE) was withdrawn as a ‘‘(2) IN-PERSON APPLICATION.—The require- S. 1691 cosponsor of S. 2036, a bill to protect ments of this paragraph are met if, with re- At the request of Mr. TESTER, the all school children against harmful and spect to an application for an individual tax- name of the Senator from North Da- life-threatening seclusion and restraint payer identification number— ‘‘(A) the applicant submits an application kota (Ms. HEITKAMP) was added as a co- practices. in person, using Form W–7 (or any successor sponsor of S. 1691, a bill to amend title S. CON. RES. 7 thereof) and including the required docu- 5, United States Code, to improve the At the request of Mr. MORAN, the mentation, at a taxpayer assistance center security of the United States border name of the Senator from Kentucky of the Internal Revenue Service, or and to provide for reforms and rates of (Mr. MCCONNELL) was added as a co- ‘‘(B) in the case of an applicant who resides pay for border patrol agents. sponsor of S. Con. Res. 7, a concurrent outside of the United States, the applicant S. 1738 submits the application in person to an em- resolution expressing the sense of Con- ployee of the Internal Revenue Service or a At the request of Mr. CORNYN, the gress regarding conditions for the designee of the Secretary at a United States name of the Senator from Wisconsin United States becoming a signatory to diplomatic mission or consular post, to- (Mr. JOHNSON) was added as a cosponsor the United Nations Arms Trade Treaty, gether with the required documentation. of S. 1738, a bill to provide justice for or to any similar agreement on the ‘‘(3) INITIAL ON-SITE VERIFICATION OF DOCU- the victims of trafficking. arms trade. MENTATION.—The requirements of this para- graph are met if, with respect to each appli- S. 1828 S. RES. 348 cation, an employee of the Internal Revenue At the request of Mr. DONNELLY, the At the request of Mr. BURR, the Service at the taxpayer assistance center, or name of the Senator from Arizona (Mr. names of the Senator from Texas (Mr. the employee or designee described in para- MCCAIN) was added as a cosponsor of S. CRUZ) and the Senator from Ohio (Mr. graph (2)(B), as the case may be, conducts an 1828, a bill to amend the Truth in Lend- PORTMAN) were added as cosponsors of initial verification of the documentation ing Act to modify the definitions of a S. Res. 348, a resolution expressing sup- supporting the application submitted under mortgage originator and a high-cost port for the internal rebuilding, reset- paragraph (2). mortgage. tlement, and reconciliation within Sri ‘‘(4) REQUIRED DOCUMENTATION.—For pur- poses of this subsection— S. 1908 Lanka that are necessary to ensure a ‘‘(A) required documentation includes such At the request of Mr. CORNYN, the lasting peace. documentation as the Secretary may require names of the Senator from Georgia S. RES. 355 that proves the individual’s identity and for- (Mr. CHAMBLISS) and the Senator from At the request of Mr. GRAHAM, the eign status, and Utah (Mr. HATCH) were added as co- names of the Senator from West Vir- ‘‘(B) the Secretary may only accept origi- nal documents. sponsors of S. 1908, a bill to allow reci- ginia (Mr. MANCHIN) and the Senator ‘‘(5) EXCEPTIONS.— procity for the carrying of certain con- RUZ from Texas (Mr. C ) were added as ‘‘(A) MILITARY SPOUSES.—Paragraph (1) cealed firearms. cosponsors of S. Res. 355, a resolution shall not apply to the spouse, or the depend- S. 1956 calling on the Government of the Is- ents, without a social security number of a At the request of Mr. SCHATZ, the lamic Republic of Afghanistan to cease taxpayer who is a member of the Armed name of the Senator from West Vir- the extra-judicial release of Afghan de- Forces of the United States. ginia (Mr. ROCKEFELLER) was added as tainees, carry out its commitments ‘‘(B) TREATY BENEFITS.—Paragraph (1) a cosponsor of S. 1956, a bill to direct pursuant to the Memorandum of Un- shall not apply to a nonresident alien apply- the Secretary of Defense to review the derstanding governing the transfer of ing for an individual taxpayer identification number for the purpose of claiming tax trea- discharge characterization of former Afghan detainees from the United ty benefits. members of the Armed Forces who States custody to Afghan control and ‘‘(6) TERM.— were discharged by reason of the sexual to uphold the Afghan Rule of Law with ‘‘(A) IN GENERAL.—An individual taxpayer orientation of the member, and for respect to the referral and disposition identification number issued after the date other purposes. of detainees. of the enactment of this subsection shall be valid only for the 5-year period which in- S. 1982 f cludes the taxable year of the individual for At the request of Mr. SANDERS, the which such number is issued and the 4 suc- names of the Senator from Minnesota STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS ceeding taxable years. (Mr. FRANKEN) and the Senator from ‘‘(B) RENEWAL OF ITIN.—Such number shall Montana (Mr. WALSH) were added as By Mr. CORNYN: be valid for an additional 5-year period only

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.017 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1050 CONGRESSIONAL RECORD — SENATE February 25, 2014 if it is renewed through an application which ture, rape, and massacre of civilians, includ- crimes, crimes against humanity, or geno- satisfies the requirements under paragraphs ing by means of chemical weapons, most re- cide in Syria and urge such states to provide (2) and (3). cently on or about August 21, 2013; information pertaining to such crimes to the ‘‘(C) SPECIAL RULE FOR EXISTING ITINS.—In Whereas other groups involved in civil war tribunal. the case of an individual with an individual in Syria, including the al-Nusra Front, are f taxpayer identification number issued on or reported to have engaged in torture, rape, before the date of the enactment of this sub- summary execution of government soldiers, AMENDMENTS SUBMITTED AND section, such number shall not be valid after kidnapping for ransom, and violence against PROPOSED the earlier of— civilians, including Christians and others SA 2744. Ms. COLLINS (for herself and Mr. ‘‘(i) the end of the 3-year period beginning who are not Sunni Muslims; KING) submitted an amendment intended to on the date of the enactment of this sub- Whereas these and other actions per- be proposed by her to the bill S. 1982, to im- section, or petrated by the Government of Syria and prove the provision of medical services and ‘‘(ii) the first taxable year beginning other groups involved in civil war in Syria benefits to veterans, and for other purposes; after— may constitute war crimes, crimes against which was ordered to lie on the table. ‘‘(I) the date of the enactment of this sub- humanity, and genocide; SA 2745. Ms. COLLINS (for herself and Mr. section, and Whereas Syria is not a state-party to the KING) submitted an amendment intended to ‘‘(II) any taxable year for which the indi- Rome Statute of the International Criminal be proposed by her to the bill S. 1982, supra; vidual (or, if a dependent, on which the indi- Court, done at Rome July 17, 1998, and is not which was ordered to lie on the table. vidual is included) did not make a return.’’. a member of the International Criminal SA 2746. Mrs. HAGAN (for herself and Mrs. (b) INTEREST.—Section 6611 of such Code is Court; GILLIBRAND) submitted an amendment in- amended by redesignating subsection (h) as Whereas the international community has tended to be proposed by her to the bill S. subsection (i) and by inserting after sub- previously established ad hoc tribunals 1982, supra; which was ordered to lie on the section (g) the following new subsection: through the United Nations to bring justice table. ‘‘(h) SPECIAL RULE RELATING TO ITINS.— in specific countries where there have been SA 2747. Mr. SANDERS submitted an Notwithstanding any other provision of this war crimes, crimes against humanity, and amendment intended to be proposed by him section, no interest shall be allowed or paid to the bill S. 1982, supra; which was ordered to or on behalf of a individual with respect genocide; Whereas ad hoc tribunals, including the to lie on the table. to any overpayment until 45 days after an in- SA 2748. Mr. RUBIO submitted an amend- International Criminal Tribunal for the dividual taxpayer identification number is ment intended to be proposed by him to the former Yugoslavia, the International Crimi- issued to the individual.’’. bill S. 1982, supra; which was ordered to lie nal Tribunal for Rwanda, and the Special (c) AUDIT BY TIGTA.—Not later than two on the table. years after the date of the enactment of this Court for Sierra Leone, have successfully in- SA 2749. Mrs. GILLIBRAND submitted an Act, and every two years thereafter, the vestigated and prosecuted war crimes, amendment intended to be proposed by her Treasury Inspector General for Tax Adminis- crimes against humanity, and genocide, and to the bill S. 1982, supra; which was ordered tration shall conduct an audit of the pro- there are many positive lessons to be learned to lie on the table. gram of the Internal Revenue Service for the from these three ad hoc tribunals; and SA 2750. Mrs. GILLIBRAND submitted an issuance of individual taxpayer identifica- Whereas any lasting, peaceful solution to amendment intended to be proposed by her tion numbers pursuant to section 6109(i) of civil war in Syria must be based upon justice to the bill S. 1982, supra; which was ordered the Internal Revenue Code of 1986. The re- for all, including members of all factions, po- to lie on the table. port required by this subsection shall be sub- litical parties, ethnicities, and religions: SA 2751. Mrs. GILLIBRAND submitted an mitted to the Congress. Now, therefore, be it amendment intended to be proposed by her (d) EFFECTIVE DATE.— Resolved by the Senate (the House of Rep- to the bill S. 1982, supra; which was ordered (1) SUBSECTION (a).—The amendment made resentatives concurring), to lie on the table. by subsection (a) shall apply to requests for SECTION 1. SHORT TITLE. SA 2752. Mr. BURR (for himself, Mr. individual taxpayer identification numbers This concurrent resolution may be cited as MCCONNELL, and Mr. INHOFE) submitted an made after the date of the enactment of this the ‘‘Immediate Establishment of Syrian amendment intended to be proposed by him Act. War Crimes Tribunal Resolution’’. to the bill S. 1982, supra; which was ordered (2) SUBSECTION (b).—The amendment made to lie on the table. SEC. 2. SENSE OF CONGRESS. SA 2753. Ms. WARREN (for herself and Mr. by subsection (b) shall apply to returns due, It is the sense of Congress that— claims filed, and refunds paid after the date RUBIO) submitted an amendment intended to (1) the United States Government should of the enactment of this Act. be proposed by her to the bill S. 1982, supra; urge the Government of Syria and other which was ordered to lie on the table. f groups involved in civil war in Syria to im- f SUBMITTED RESOLUTIONS plement an immediate cease fire and engage in negotiations to end the bloodshed; TEXT OF AMENDMENTS (2) the United States Government should publicly declare that it is a requirement of SA 2744. Ms. COLLINS (for herself SENATE CONCURRENT RESOLU- and Mr. KING) submitted an amend- TION 32—EXPRESSING THE basic justice that war crimes, crimes against humanity, and genocide, whether committed ment intended to be proposed by her to SENSE OF CONGRESS REGARD- by officials of the Government of Syria, or the bill S. 1982, to improve the provi- ING THE NEED FOR INVESTIGA- members of other groups involved in civil sion of medical services and benefits to TION AND PROSECUTION OF WAR war in Syria, should be investigated and veterans, and for other purposes; which CRIMES, CRIMES AGAINST HU- prosecuted; was ordered to lie on the table; as fol- MANITY, AND GENOCIDE, (3) the President should direct the United lows: WHETHER COMMITTED BY OFFI- States Permanent Representative to the On page 76, between lines 8 and 9, insert CIALS OF THE GOVERNMENT OF United Nations to use the voice and vote of the following: the United States to immediately promote SYRIA, OR MEMBERS OF OTHER SEC. 330. CANADIAN FORCES BASE GAGETOWN GROUPS INVOLVED IN CIVIL the establishment of a Syrian war crimes tri- REGISTRY. bunal, an ad hoc court to prosecute the per- (a) ESTABLISHMENT.—Not later than one WAR IN SYRIA, AND CALLING ON petrators of such serious crimes committed THE PRESIDENT TO DIRECT THE year after the date of the enactment of this during the civil war in Syria; Act, the Secretary of Veterans Affairs shall UNITED STATES PERMANENT (4) in working with other countries to es- establish and maintain a registry to be REPRESENTATIVE TO THE tablish a Syrian war crimes tribunal, the known as the ‘‘Canadian Forces Base UNITED NATIONS TO USE THE United States Government should promote Gagetown Health Registry’’ (in this section VOICE AND VOTE OF THE judicial procedures that enable the prosecu- referred to as the ‘‘Registry’’). UNITED STATES TO IMME- tion of the most culpable persons guilty of (b) CONTENTS.—Except as provided in sub- DIATELY PROMOTE THE ESTAB- directing such serious crimes; section (c), the Registry shall include the (5) the United States Government should following information: LISHMENT OF A SYRIAN WAR make an immediate priority the collection (1) A list containing the name of each indi- CRIMES TRIBUNAL, AND FOR of information that can be supplied to a Syr- vidual who— OTHER PURPOSES ian war crimes tribunal for use as evidence (A) while serving as a member of the Mr. DURBIN (for himself and Mr. to support the indictment and trial of any Armed Forces, was stationed at or under- RUBIO) submitted the following concur- person involved in civil war in Syria and re- went training at Canadian Forces Base rent resolution; which was referred to sponsible for war crimes, crimes against hu- Gagetown, New Brunswick, Canada, at any manity, or genocide in Syria; and time during the period beginning on January the Committee on Foreign Relations: (6) the United States Government should 1, 1956, and ending on December 31, 2006; and S. CON. RES. 32 urge other interested states to apprehend (B)(i) applies for care or services from the Whereas the Government of Syria is re- and deliver into the custody of a Syrian war Department of Veterans Affairs under chap- ported to have engaged in widespread tor- crimes tribunal persons indicted for war ter 17 of title 38, United States Code;

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(ii) files a claim for compensation under (2) INDEPENDENT ENTITY.—The study re- ‘‘(c) COVERED HEALTH SERVICES.—For pur- chapter 11 of such title on the basis of any quired by paragraph (1) shall be carried out poses of the program under this section, a disability that may be associated with such by an entity that— covered health service with respect to a cov- service; (A) has experience conducting studies with ered veteran is any hospital care, medical (iii) dies and is survived by a spouse, child, respect to the exposure of individuals to service, rehabilitative service, or preventa- or parent who files a claim for dependency toxic substances or environmental hazards; tive health service that is authorized to be and indemnity compensation under chapter and provided by the Secretary to the veteran 13 of such title on the basis of such service; (B) is not affiliated with the Department of under this chapter or any other provision of (iv) requests from the Secretary a health Veterans Affairs. law. examination under subsection (d)(1); or (3) DEADLINE FOR COMPLETION.—The study ‘‘(d) QUALIFYING NON-DEPARTMENT HEALTH (v)(I) receives from the Secretary a health required by paragraph (1) shall be completed CARE PROVIDERS.—For purposes of the pro- examination similar to the health examina- not later than one year after the date of the gram under this section, an entity or indi- tion under subsection (d)(1); and enactment of this Act. vidual is a qualifying non-Department health (II) submits to the Secretary a request to (h) ANNUAL REPORT.— care provider of a covered health service if be included in the Registry. (1) IN GENERAL.—Not later than two years the Secretary determines that the entity or (2) Relevant medical data relating to the after the date of the enactment of this Act, individual is qualified to furnish such service health status of, and other information that and each year thereafter, the Secretary of to a covered veteran under the program. the Secretary considers relevant and appro- Veterans Affairs shall submit to the Com- ‘‘(e) LOCATIONS.—The program shall be car- priate with respect to, each individual de- mittee on Veterans’ Affairs of the Senate ried out within— scribed in paragraph (1) who— and the Committee on Veterans’ Affairs of ‘‘(1) of the areas at which the Secretary (A) grants to the Secretary permission to the House of Representatives a report on the was carrying out the pilot program estab- include such information in the Registry; or Registry. lished under section 403 of the Veterans’ (B) at the time the name of the individual (2) ELEMENTS.—Each report required by Mental Health and Other Care Improvements is added to the Registry, is deceased. paragraph (1) shall include the following: Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 note) on the day before the date of the enact- (c) INDIVIDUALS SUBMITTING CLAIMS OR (A) The number of veterans included in the ment of the Comprehensive Veterans Health MAKING REQUESTS BEFORE DATE OF ENACT- Registry. and Benefits and Military Retirement Pay MENT.—If an application, claim, or request (B) Any trend in claims for compensation Restoration Act of 2014, those areas at which referred to in paragraph (1) of subsection (b) under chapter 11 or 13 of title 38, United the Secretary has determined that such pilot was submitted, filed, or made with respect to States Code, with respect to veterans in- program was carried out successfully; and an individual described in that paragraph be- cluded in the Registry. ‘‘(2) any additional area that the Secretary fore the date of the enactment of this Act, (C) A description of the outreach efforts may select for purposes of the program. the Secretary shall, to the extent feasible, made by the Secretary under subsection (e) ‘‘(f) ELECTION.—A covered veteran seeking include in the Registry the information de- during the one-year period ending on the a covered health service from a qualifying scribed in that subsection relating to that date of such report. non-Department health care provider under individual. (D) Such other matters as the Secretary considers appropriate. the program under this section shall submit (d) EXAMINATIONS.— to the Secretary an application therefor in (1) IN GENERAL.—Upon the request of an in- SA 2745. Ms. COLLINS (for herself such form, in such manner, and containing dividual described in subsection (b)(1)(A), the and Mr. KING) submitted an amend- such information as the Secretary shall Secretary shall provide the individual with— ment intended to be proposed by her to specify for purposes of the program. (A) a health examination (including any ‘‘(g) PROVISION OF SERVICES THROUGH CON- appropriate diagnostic tests); and the bill S. 1982, to improve the provi- TRACT.—The Secretary shall provide covered (B) consultation and counseling with re- sion of medical services and benefits to health services to veterans under the pro- spect to the results of the examination and veterans, and for other purposes; which gram under this section through contracts tests. was ordered to lie on the table; as fol- with qualifying non-Department health care (2) CONSULTATION AND COUNSELING TO FAM- lows: providers for the provision of such services. ILY MEMBERS.—In the case of an individual ‘‘(h) EXCHANGE OF MEDICAL INFORMATION.— On page 61, between lines 5 and 6, insert described in subsection (b)(1)(A) who is de- In conducting the program under this sec- the following: ceased, upon the request of a spouse, child, tion, the Secretary shall develop and utilize or parent of that individual, the Secretary SEC. 314. PROGRAM OF ENHANCED CONTRACT a functional capability to provide for the ex- CARE AUTHORITY FOR HEALTH shall provide that spouse, child, or parent CARE NEEDS OF VETERANS. change of appropriate medical information with consultation and counseling with re- between the Department and qualifying non- (a) IN GENERAL.—Chapter 17 is amended by spect to the results of the examination and inserting after section 1703 the following new Department health care providers providing tests under paragraph (1)(A) or the results of section: health services under the program. an examination similar to that examination ‘‘(i) REPORTS.—Not later than the 30 days with respect to that individual. ‘‘§ 1703A. Program of enhanced contract care after the end of each year in which the pro- authority for health care needs of veterans (e) OUTREACH.— gram under this section is conducted, the ‘‘(a) PROGRAM REQUIRED.—(1) The Sec- (1) ONGOING OUTREACH TO INDIVIDUALS LIST- Secretary shall submit to the Committee of retary shall conduct a program under which ED IN THE REGISTRY.—The Secretary shall, Veterans’ Affairs of the Senate and the Com- from time to time, notify individuals listed the Secretary provides covered health serv- mittee on Veterans’ Affairs of the House of in the Registry of significant developments ices to covered veterans through qualifying Representatives a report that includes— in research on the health consequences of po- non-Department health care providers. ‘‘(1) the assessment of the Secretary of the ‘‘(2) The Secretary shall commence the tential exposure to a toxic substance or envi- program during the preceding year, includ- conduct of the program on October 1, 2014. ronmental hazard related to service at Cana- ing its cost, volume, quality, patient satis- ‘‘(b) COVERED VETERANS.—For purposes of dian Forces Base Gagetown. faction, benefit to veterans, and such other the program under this section, a covered (2) EXAMINATION OUTREACH.—The Secretary findings and conclusions with respect to the veteran is any veteran who— shall carry out appropriate outreach activi- program as the Secretary considers appro- ‘‘(1) is— ties with respect to the provision of any priate; and ‘‘(A) enrolled in the system of patient en- health examinations (including any diag- ‘‘(2) such recommendations as the Sec- rollment established and operated under sec- nostic tests) and consultation and counseling retary considers appropriate regarding— tion 1705(a) of this title as of the date of the services under subsection (d). ‘‘(A) the continuation of the program; and commencement of the program under sub- ‘‘(B) extension of the program to other or (f) DEPARTMENT OF DEFENSE INFORMA- section (a)(2); or all Veterans Integrated Service Networks of TION.—The Secretary of Defense shall furnish ‘‘(B) eligible for health care under section the Department. to the Secretary of Veterans Affairs such in- 1710(e)(3) of such title; and ‘‘(j) SOURCE OF FUNDS.—In carrying out the formation maintained by the Secretary of ‘‘(2) resides in a location that is— program under this section, such sums as Defense as the Secretary of Veterans Affairs ‘‘(A) more than 60 minutes driving distance may be necessary to carry out the program considers necessary to establish and main- from the nearest Department health care fa- shall be derived from amounts appropriated tain the Registry. cility providing primary care services, if the or otherwise made available to the Office of (g) INDEPENDENT STUDY.— veteran is seeking such services; Rural Health of the Department of Veterans (1) IN GENERAL.—The Secretary of Veterans ‘‘(B) more than 120 minutes driving dis- Affairs after the date of the enactment of the Affairs shall provide for a study on the po- tance from the nearest Department health Comprehensive Veterans Health and Benefits tential exposure of individuals to toxic sub- care facility providing acute hospital care, if and Military Retirement Pay Restoration stances or environmental hazards related to the veteran is seeking such care; or Act of 2014.’’. service at Canadian Forces Base Gagetown ‘‘(C) more than 240 minutes driving dis- (b) CLERICAL AMENDMENT.—The table of at any time during the period beginning on tance from the nearest Department health sections at the beginning of chapter 17 is January 1, 1956, and ending on December 31, care facility providing tertiary care, if the amended by inserting after the item relating 2006. veteran is seeking such care. to section 1703 the following new item:

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.024 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1052 CONGRESSIONAL RECORD — SENATE February 25, 2014 ‘‘1703A. Program of enhanced contract care 1. SHORT TITLE; TABLE OF CONTENTS. TITLE III—HEALTH CARE MATTERS authority for health care needs (a) SHORT TITLE.—This Act may be cited as Subtitle A—Expansion and Improvements of of veterans.’’. the ‘‘Comprehensive Veterans Health and Benefits Generally (c) CONFORMING AMENDMENT.—Section 403 Benefits and Military Retirement Pay Res- Sec. 301. Requirement for enrollment in pa- of the Veterans’ Mental Health and Other toration Act of 2014’’. Care Improvements Act of 2008 (Public Law tient enrollment system of the 110–387; 38 U.S.C. 1703 note) is repealed. (b) TABLE OF CONTENTS.—The table of con- Department of Veterans Affairs tents for this Act is as follows: of certain veterans eligible for SA 2746. Mrs. HAGAN (for herself and enrollment by law but not cur- Sec. 1. Short title; table of contents. Mrs. GILLIBRAND) submitted an amend- rently permitted to enroll. ment intended to be proposed by her to Sec. 2. References to title 38, United States Sec. 302. Further extension of period of eli- gibility for health care for vet- the bill S. 1982, to improve the provi- Code. Sec. 3. Budgetary effects. erans of combat service during sion of medical services and benefits to certain periods of hostilities veterans, and for other purposes; which TITLE I—SURVIVOR AND DEPENDENT and war. was ordered to lie on the table; as fol- MATTERS Sec. 303. Extension to all veterans with a se- lows: rious service-connected dis- Sec. 101. Extension of initial period for in- ability of eligibility for partici- On page 207, between lines 8 and 9, insert creased dependency and indem- the following: pation in family caregiver pro- nity compensation for sur- Subtitle F—Work Opportunity Tax Credit gram. viving spouses with children. Sec. 304. Improved access to appropriate im- SEC. 451. WORK OPPORTUNITY CREDIT TO SMALL Sec. 102. Eligibility for dependency and in- munizations for veterans. BUSINESSES FOR HIRING MEMBERS OF READY RESERVE OR NATIONAL demnity compensation, edu- Sec. 305. Expansion of provision of chiro- GUARD. cational assistance, and hous- practic care and services to vet- (a) IN GENERAL.—Section 51 of the Internal ing loans for surviving spouses erans. Revenue Code of 1986 is amended— who remarry after age 55. Sec. 306. Modification of commencement (1) in paragraph (3) of subsection (b), by in- Sec. 103. Extension of marriage delimiting date of period of service at serting ‘‘or any individual described in sub- date for surviving spouses of Camp Lejeune, North Carolina, paragraph (J) of subsection (d)(1) who has Persian Gulf War veterans to for eligibility for hospital care been certified as having aggregate periods of qualify for death pension. and medical services in connec- unemployment described in clause (ii)(III) of tion with exposure to contami- Sec. 104. Making effective date provision nated water. such subparagraph’’ after ‘‘subsection consistent with provision for (d)(3)(A)(iv)’’, and Sec. 307. Expansion of emergency treatment benefits eligibility of a vet- reimbursement for certain vet- (2) in paragraph (1) of subsection (d), by eran’s child based upon termi- striking ‘‘or’’ at the end of subparagraph (H), erans. nation of remarriage by annul- Sec. 308. Modification of determination of by striking the period at the end of subpara- ment. graph (I) and inserting ‘‘, or’’, and by adding eligibility of veterans for treat- at the end the following new subparagraph: Sec. 105. Expansion of Marine Gunnery Ser- ment as a low-income family ‘‘(J) in the case of an eligible employer (as geant John David Fry Scholar- for purposes of enrollment in defined in section 408(p)(2)(C)(i)), an indi- ship. the patient enrollment system vidual who— Sec. 106. Expansion of Yellow Ribbon G.I. of the Department of Veterans ‘‘(i) is a member of— Education Enhancement Pro- Affairs. ‘‘(I) the Ready Reserve (as described in sec- gram. Sec. 309. Extension of sunset date regarding transportation of individuals to tion 10142 of title 10, United States Code), or Sec. 107. Benefits for children of certain ‘‘(II) the National Guard (as defined in sec- and from facilities of Depart- Thailand service veterans born ment of Veterans Affairs and tion 101(c)(1) of such title 10), and with spina bifida. ‘‘(ii) is certified by the designated local requirement of report. agency as— Sec. 108. Program on assisted living for chil- Sec. 310. Coverage of costs of care for vet- ‘‘(I) being a member of a family described dren of Vietnam veterans and erans at medical foster homes. in clause (i) of paragraph (3)(A), certain Korea service veterans Sec. 311. Extension and modification of pilot ‘‘(II) having aggregate periods of unem- born with spina bifida. program on assisted living serv- ployment during the 1-year period ending on Sec. 109. Program on grief counseling in re- ices for veterans with trau- the hiring date which equal or exceed 4 treat settings for surviving matic brain injury. weeks (but less than 6 months), or spouses of members of the Sec. 312. Program on health promotion for ‘‘(III) having aggregate periods of unem- Armed Forces who die while overweight and obese veterans ployment during the 1-year period ending on serving on active duty in the through support of fitness cen- the hiring date which equal or exceed 6 Armed Forces. ter memberships. Sec. 313. Program on health promotion for months.’’. Sec. 110. Program evaluation on survivors’ (b) EFFECTIVE DATE.—The amendment veterans through establishment and dependents’ educational as- of Department of Veterans Af- made by this section shall apply to wages sistance authorities. paid or incurred by the employer during the fairs fitness facilities. taxable year to individuals who begin work TITLE II—EDUCATION MATTERS Subtitle B—Health Care Administration for the employer after the date of the enact- Sec. 201. Approval of courses of education Sec. 321. Extension of Department of Vet- ment of this Act. provided by public institutions erans Affairs Health Profes- SEC. 452. PERMANENT EXTENSION OF WORK OP- of higher learning for purposes sional Scholarship Program. PORTUNITY CREDIT FOR EMPLOY- of All-Volunteer Force Edu- Sec. 322. Expansion of availability of pros- ERS HIRING QUALIFIED VETERANS thetic and orthotic care for vet- AND MEMBERS OF READY RESERVE cational Assistance Program AND NATIONAL GUARD. and Post-9/11 Educational As- erans. Sec. 323. Contracting for health care. (a) IN GENERAL.—Section 51(c)(4) of the In- sistance conditional on in-State ternal Revenue Code of 1986 is amended by tuition rate for veterans. Sec. 324. Limitation on expansion of dialysis inserting ‘‘(other than any individual de- pilot program. Sec. 202. Extension and expansion of author- Sec. 325. Requirement for Department of scribed in subparagraph (B) or (J) of sub- ity for certain qualifying work- section (d)(1))’’ after ‘‘individual’’. Veterans Affairs policy on re- study activities for purposes of porting cases of infectious dis- (b) EFFECTIVE DATE.—The amendment the educational assistance pro- made by this section shall apply to individ- eases at facilities of the Depart- grams of the Department of uals who begin work for the employer after ment. Veterans Affairs. December 31, 2013. Sec. 326. Independent assessment of the Vet- Sec. 203. Prohibitions relating to references erans Integrated Service Net- SA 2747. Mr. SANDERS submitted an to GI Bill and Post-9/11 GI Bill. works and medical centers of amendment intended to be proposed by Sec. 204. Review of utilization of edu- Department of Veterans Af- him to the bill S. 1982, to improve the cational assistance to pursue fairs. provision of medical services and bene- programs of training on the job Sec. 327. Requirements in connection with and participating employers. next update of current strategic fits to veterans, and for other purposes; plan for Office of Rural Health which was ordered to lie on the table; Sec. 205. Report on debt management and of the Department of Veterans as follows: collection. Affairs. Strike all after the first word and insert Sec. 206. Restoration of prior reporting fee Sec. 328. Report on provision of telemedicine the following: multipliers. services.

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0655 E:\CR\FM\A25FE6.025 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1053 Sec. 329. Designation of Corporal Michael J. Sec. 374. Regulations on furnishing of fer- Sec. 432. Suspension, termination, or debar- Crescenz Department of Vet- tility counseling and treatment ment of contractors for re- erans Affairs Medical Center. and adoption assistance by De- peated violations of employ- Subtitle C—Complementary and Alternative partment of Veterans Affairs. ment or reemployment rights Medicine Sec. 375. Coordination between Department of members of uniformed serv- ices. Sec. 331. Expansion of research and edu- of Veterans Affairs and Depart- Sec. 433. Subpoena power for Special Coun- cation on and delivery of com- ment of Defense on furnishing sel in enforcement of employ- plementary and alternative of fertility counseling and ment and reemployment rights medicine to veterans. treatment. of members of uniformed serv- Sec. 332. Program on integration of com- Sec. 376. Facilitation of reproduction and in- ices with respect to Federal ex- plementary and alternative fertility research. Sec. 377. Annual report on provision of fer- ecutive agencies. medicine within Department of Sec. 434. Issuance and service of civil inves- Veterans Affairs medical cen- tility counseling and treatment furnished by Department of tigative demands by Attorney ters. General. Sec. 333. Studies of barriers encountered by Veterans Affairs. veterans in receiving, and ad- Sec. 378. Program on assistance for child Subtitle E—Small Business Matters ministrators and clinicians in care for certain veterans. Sec. 441. Expansion of contracting goals and providing, complementary and Sec. 379. Counseling in retreat settings for preferences of Department of alternative medicine services women veterans newly sepa- Veterans Affairs to include con- furnished by the Department of rated from service in the Armed ditionally owned small business Veterans Affairs. Forces. concerns 100 percent owned by Sec. 334. Program on use of wellness pro- Subtitle H—Major Medical Facility Leases veterans. grams as complementary ap- Sec. 442. Modification of treatment under Sec. 381. Authorization of major medical fa- proach to mental health care contracting goals and pref- cility leases. for veterans and family mem- erences of Department of Vet- bers of veterans. Sec. 382. Budgetary treatment of Depart- erans Affairs for small busi- ment of Veterans Affairs major nesses owned by veterans of Subtitle D—Mental Health Care medical facilities leases. small businesses after death of Sec. 341. Inclusion of mental health profes- TITLE IV—EMPLOYMENT AND RELATED disabled veteran owners. sionals in the education and MATTERS Sec. 443. Treatment of businesses after training program for health deaths of servicemember-own- personnel of the Department of Subtitle A—Training and Other Services for ers for purposes of Department Veterans Affairs. Veterans Seeking Employment of Veterans Affairs contracting Sec. 342. Education program and peer sup- Sec. 401. Reauthorization of veterans re- goals and preferences. port program for family mem- training assistance program. Sec. 444. Special rule for treatment under bers and caregivers of veterans Sec. 402. Extension of authority of Secretary contracting goals and pref- with mental health disorders. of Veterans Affairs to provide erences of Department of Vet- Sec. 343. Report on provision of mental rehabilitation and vocational erans Affairs of small business health services for families of benefits to members of Armed concerns licensed in commu- certain veterans at facilities of Forces with severe injuries or nity property States. the Department. illnesses. Sec. 445. Report on assistance for veterans Sec. 344. Annual report on community men- Sec. 403. Extension of additional rehabilita- in obtaining training on pur- tal health partnership pilot tion programs for persons who chasing and operating a fran- program. have exhausted rights to unem- chise. Subtitle E—Dental Care Eligibility ployment benefits under State TITLE V—ACCOUNTABILITY AND Expansion and Enhancement law. ADMINISTRATIVE IMPROVEMENTS Sec. 351. Restorative dental services for vet- Sec. 404. Unified employment portal for vet- Sec. 501. Administration of Veterans Inte- erans. erans. grated Service Networks. Sec. 352. Pilot program on expansion of fur- Sec. 405. Report on unified Government Sec. 502. Regional support centers for Vet- nishing of dental care to all en- Internet portal for veterans on erans Integrated Service Net- rolled veterans. jobs available through the Fed- works. Sec. 353. Program on education to promote eral Government. Sec. 503. Commission on Capital Planning dental health in veterans. Sec. 406. Information on disability-related for Department of Veterans Af- Sec. 354. Information on dental services for employment and education pro- fairs Medical Facilities. inclusion in electronic medical tections in Transition Assist- Sec. 504. Advance appropriations for certain records under dental insurance ance Program. accounts of the Department of Veterans Affairs. pilot program. Subtitle B—Employment of Veterans and Sec. 505. Public access to Department of Sec. 355. Authorization of appropriations. Recognition of Veteran Status With Re- Veterans Affairs research and Subtitle F—Health Care Related to Sexual spect to Employment Related Matters data sharing between Depart- Trauma Sec. 411. Employment of veterans with the ments. Sec. 361. Expansion of eligibility for sexual Federal Government. Sec. 506. Assessment by Comptroller General trauma counseling and treat- Sec. 412. State recognition of military expe- of the United States of informa- ment to veterans on inactive rience of veterans in issuing li- tion made available by Vet- duty training. censes and credentials to vet- erans Benefits Administration. Sec. 362. Provision of counseling and treat- erans. Sec. 507. Comptroller general report on advi- ment for sexual trauma by the Sec. 413. Grants to hire veterans as first re- sory committees of the Depart- Department of Veterans Affairs sponders. ment of Veterans Affairs. to members of the Armed Sec. 414. Employment of veterans as evalua- TITLE VI—IMPROVEMENT OF PROC- Forces. tion factor in the awarding of ESSING OF CLAIMS FOR COMPENSA- Sec. 363. Department of Veterans Affairs Federal contracts. TION screening mechanism to detect Sec. 415. Report on discrimination against Subtitle A—Claims Based on Military Sexual incidents of domestic abuse. members of reserve components Trauma Sec. 364. Reports on military sexual trauma of Armed Forces and veterans and domestic abuse. Sec. 601. Medical examination and opinion in civilian labor market. for disability compensation Subtitle G—Reproductive Treatment and Subtitle C—Program on Career Transition claims based on military sexual Services Sec. 421. Program on provision of career trauma. Sec. 371. Clarification that fertility coun- transition services to young Sec. 602. Case representative officers for seling and treatment are med- veterans. military sexual trauma sup- ical services which the Sec- port. retary may furnish to veterans Subtitle D—Improving Employment and Re- Sec. 603. Report on standard of proof for like other medical services. employment Rights of Members of the Uni- service-connection of mental Sec. 372. Reproductive treatment and care formed Services health conditions related to for spouses and surrogates of Sec. 431. Enforcement of rights of members military sexual trauma. veterans. of uniformed services with re- Sec. 604. Reports on claims for disabilities Sec. 373. Adoption assistance for severely spect to States and private em- incurred or aggravated by mili- wounded veterans. ployers. tary sexual trauma.

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0655 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1054 CONGRESSIONAL RECORD — SENATE February 25, 2014 Subtitle B—Claims for Dependency and TITLE VIII—ENHANCEMENT OF RIGHTS Sec. 912. Review of determination of certain Indemnity Compensation UNDER SERVICEMEMBERS CIVIL RE- service of merchant mariners Sec. 611. Program on treatment of certain LIEF ACT during World War II. applications for dependency and Sec. 801. Modification of period determining Sec. 913. Report on Laotian military support indemnity compensation as which actions are covered of Armed Forces of the United fully developed claims. under stay of proceedings and States during Vietnam War. Sec. 612. Report by Secretary of Veterans adjustment of obligation pro- Sec. 914. Report on practices of the Depart- Affairs on improving timeliness tections concerning mortgages ment of Veterans Affairs to and accuracy of administration and trust deeds of members of adequately provide services to of claims for dependency and uniformed services. veterans with hearing loss. Sec. 915. Report on joint programs of De- indemnity compensation and Sec. 802. Protections for members of uni- partment of Veterans Affairs pension for surviving spouses formed services regarding pro- and Department of Defense and children. fessional licenses. with respect to hearing loss of Subtitle C—Agency of Original Jurisdiction Sec. 803. Prohibition on denial of credit be- members of the Armed Forces cause of eligibility for protec- Sec. 621. Working group to improve em- and veterans. tion. ployee work credit and work Sec. 916. Limitation on aggregate amount of Sec. 804. Interest rate limitation on debt en- management systems of Vet- bonuses payable to personnel of tered into during military serv- erans Benefits Administration the Department of Veterans Af- ice to consolidate or refinance in an electronic environment. fairs during fiscal year 2014. Sec. 622. Task force on retention and train- student loans incurred before Sec. 917. Amendment to OCO adjustments. ing of Department of Veterans military service. SEC. 2. REFERENCES TO TITLE 38, UNITED Affairs claims processors and Sec. 805. Termination of residential leases STATES CODE. adjudicators. after assignment or relocation Except as otherwise expressly provided, Sec. 623. Reports on requests by the Depart- to quarters of United States or whenever in this Act an amendment or re- ment of Veterans Affairs for housing facility under jurisdic- peal is expressed in terms of an amendment records of other Federal agen- tion of uniformed service. to, or repeal of, a section or other provision, cies. Sec. 806. Protection of surviving spouse with the reference shall be considered to be made Sec. 624. Recognition of representatives of respect to mortgage fore- to a section or other provision of title 38, Indian tribes in the prepara- closure. United States Code. tion, presentation, and prosecu- Sec. 807. Improved protection of members of SEC. 3. BUDGETARY EFFECTS. tion of claims under laws ad- uniformed services against de- (a) PAYGO SCORECARD.—The budgetary ef- ministered by the Secretary of fault judgments. fects of this Act shall not be entered on ei- Veterans Affairs. Sec. 808. Clarification regarding application ther PAYGO scorecard maintained pursuant Sec. 625. Program on participation of local of enforcement authority of At- to section 4(d) of the Statutory Pay-As-You- and tribal governments in im- torney General and private Go Act of 2010 (2 U.S.C. 933(d)). proving quality of claims for right of action under (b) SENATE PAYGO SCORECARD.—The budg- disability compensation sub- Servicemembers Civil Relief etary effects of this Act shall not be entered mitted to Department of Vet- Act. on any PAYGO scorecard maintained for erans Affairs. Sec. 809. Clerical amendments. Sec. 626. Department of Veterans Affairs no- purposes of section 201 of S. Con. Res. 21 tice of average times for proc- TITLE IX—OTHER MATTERS (110th Congress). essing compensation claims. Sec. 901. Repeal of certain reductions made TITLE I—SURVIVOR AND DEPENDENT Sec. 627. Quarterly reports on progress of by Bipartisan Budget Act of MATTERS Department of Veterans Affairs 2013. SEC. 101. EXTENSION OF INITIAL PERIOD FOR IN- in eliminating backlog of Sec. 902. Consideration by Secretary of Vet- CREASED DEPENDENCY AND INDEM- claims for compensation that erans Affairs of resources dis- NITY COMPENSATION FOR SUR- have not been adjudicated. posed of for less than fair mar- VIVING SPOUSES WITH CHILDREN. Sec. 628. Reports on use of existing authori- ket value by individuals apply- (a) IN GENERAL.—Section 1311(f)(2) is ties to expedite benefits deci- ing for pension. amended by striking ‘‘two-year’’ and insert- sions. Sec. 903. Extension of reduced pension for ing ‘‘three-year’’. Sec. 629. Reports on Department disability certain veterans covered by (b) EFFECTIVE DATE.—The amendment medical examinations and pre- medicaid plans for services fur- made by subsection (a) shall take effect as of vention of unnecessary medical nished by nursing facilities. September 30, 2014, and shall apply to any examinations. Sec. 904. Conditions on award of per diem surviving spouse who was eligible for or in Subtitle D—Board of Veterans’ Appeals and payments by Secretary of Vet- receipt of benefits under section 1311(f) of Court of Appeals for Veterans Claims erans Affairs for provision of title 38, United States Code, on or after the Sec. 631. Treatment of certain misfiled docu- housing or services to homeless date of the enactment of this Act. ments as a notice of appeal to veterans. SEC. 102. ELIGIBILITY FOR DEPENDENCY AND IN- the Court of Appeals for Vet- Sec. 905. Exception to certain recapture re- DEMNITY COMPENSATION, EDU- erans Claims. quirements and treatment of CATIONAL ASSISTANCE, AND HOUS- Sec. 632. Determination of manner of ap- contracts and grants with State ING LOANS FOR SURVIVING SPOUSES WHO REMARRY AFTER AGE pearance for hearings before homes with respect to care for 55. Board of Veterans’ Appeals. homeless veterans. (a) IN GENERAL.—Paragraph (2)(B) of sec- TITLE VII—OUTREACH MATTERS Sec. 906. Extended period for scheduling of tion 103(d) is amended to read as follows: Sec. 701. Program to increase coordination medical exams for veterans re- ‘‘(B) The remarriage after age 55 of the sur- of outreach efforts between the ceiving temporary disability viving spouse of a veteran shall not bar the Department of Veterans Affairs ratings for severe mental dis- furnishing of benefits specified in paragraph and Federal, State, and local orders. (5) to such person as the surviving spouse of agencies and nonprofit organi- Sec. 907. Authority to issue Veterans ID the veteran.’’. zations. Cards. (b) CONFORMING AMENDMENT.—Paragraph Sec. 702. Cooperative agreements between Sec. 908. Honoring as veterans certain per- (5) of such section is amended by striking Secretary of Veterans Affairs sons who performed service in ‘‘Paragraphs (2)(A)’’ and inserting ‘‘Para- and States on outreach activi- the reserve components of the graphs (2)’’. ties. Armed Forces. (c) EFFECTIVE DATE.—The amendments Sec. 703. Advisory committee on outreach Sec. 909. Extension of authority for Sec- made by this section shall take effect on the activities of Department of retary of Veterans Affairs to date that is one year after the date of the en- Veterans Affairs. obtain information from Sec- actment of this Act. Sec. 704. Advisory boards on outreach activi- retary of Treasury and Com- SEC. 103. EXTENSION OF MARRIAGE DELIMITING ties of Department of Veterans missioner of Social Security for DATE FOR SURVIVING SPOUSES OF Affairs relating to health care. income verification purposes. PERSIAN GULF WAR VETERANS TO Sec. 705. Modification of requirement for Sec. 910. Extension of authority for Sec- QUALIFY FOR DEATH PENSION. periodic reports to Congress on retary of Veterans Affairs to Section 1541(f)(1)(E) is amended by striking outreach activities of Depart- issue and guarantee certain ‘‘January 1, 2001’’ and inserting ‘‘the date ment of Veterans Affairs. loans. that is 10 years and one day after the date on Sec. 706. Budget transparency for outreach Sec. 911. Review of determination of certain which the Persian Gulf War was terminated, activities of Department of service in Philippines during as prescribed by Presidential proclamation Veterans Affairs. World War II. or by law’’.

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SEC. 104. MAKING EFFECTIVE DATE PROVISION and manifestations of spina bifida, except (1) IN GENERAL.—Except as otherwise pro- CONSISTENT WITH PROVISION FOR spina bifida occulta. vided in this subsection, the program shall BENEFITS ELIGIBILITY OF A VET- ‘‘(c) VETERAN OF COVERED SERVICE IN THAI- be carried out during the three-year period ERAN’S CHILD BASED UPON TERMI- LAND.—For purposes of this section, a vet- beginning on the date of the commencement NATION OF REMARRIAGE BY ANNUL- MENT. eran of covered service in Thailand is any in- of the program. Section 5110(l) is amended by striking ‘‘, or dividual, without regard to the characteriza- (2) CONTINUATION.—Subject to paragraph of an award or increase of benefits based on tion of that individual’s service, who— (3), the Secretary may continue the program recognition of a child upon termination of ‘‘(1) served in the active military, naval, or for an additional two-year period as the Sec- the child’s marriage by death or divorce,’’. air service in Thailand, as determined by the retary considers appropriate. Secretary in consultation with the Secretary (3) TERMINATION.—The program may not SEC. 105. EXPANSION OF MARINE GUNNERY SER- GEANT JOHN DAVID FRY SCHOLAR- of Defense, during the period beginning on operate after the date that is five years after SHIP. January 9, 1962, and ending on May 7, 1975; the date of the commencement of the pro- (a) EXPANSION OF ENTITLEMENT.—Sub- and gram. section (b)(9) of section 3311 is amended by ‘‘(2) is determined by the Secretary, in con- (d) SCOPE OF SERVICES AND PROGRAM.— inserting ‘‘or spouse’’ after ‘‘child’’. sultation with the Secretary of Defense, to Under the program, the Secretary shall pro- (b) LIMITATION AND ELECTION ON CERTAIN have been exposed to a herbicide agent dur- vide covered individuals with integrated, BENEFITS.—Subsection (f) of such section is ing such service in Thailand. comprehensive services, including the fol- amended— ‘‘(d) HERBICIDE AGENT.—For purposes of lowing: (1) by redesignating paragraph (2) as para- this section, the term ‘herbicide agent’ (1) Assisted living, group home care, or graph (4); and means a chemical in a herbicide used in sup- such other similar services as the Secretary (2) by inserting after paragraph (1) the fol- port of United States and allied military op- considers appropriate. lowing new paragraphs: erations in Thailand, as determined by the (2) Transportation services. ‘‘(2) LIMITATION.—The entitlement of an in- Secretary in consultation with the Secretary (3) Such other services as the Secretary dividual to assistance under subsection (a) of Defense, during the period beginning on considers appropriate for the care of covered pursuant to paragraph (9) of subsection (b) January 9, 1962, and ending on May 7, 1975.’’. individuals under the program. because the individual was a spouse of a per- (b) CONFORMING AMENDMENT TO DEFINITION (e) PROGRAM REQUIREMENTS.—In carrying son described in such paragraph shall expire OF ‘‘CHILD’’.—Section 1831(1) is amended— out the program, the Secretary shall— on the earlier of— (1) in subparagraph (B)— (1) inform all covered individuals of the ‘‘(A) the date that is 15 years after the date (A) by striking ‘‘subchapter III of this services available under the program; on which the person died; and chapter’’ and inserting ‘‘section 1821 of this (2) enter into agreements with appropriate ‘‘(B) the date on which the individual re- title’’; and providers of assisted living, group home care, marries. (B) in clause (i), by striking ‘‘section 1821 or other similar services for provision of ‘‘(3) ELECTION ON RECEIPT OF CERTAIN BENE- of this title’’ and inserting ‘‘that section’’; services under the program; and FITS.—A surviving spouse entitled to assist- and (3) determine the appropriate number of ance under subsection (a) pursuant to para- (2) by adding at the end the following new covered individuals to be enrolled in the pro- graph (9) of subsection (b) who is also enti- subparagraph: gram and criteria for such enrollment. tled to educational assistance under chapter ‘‘(C) For purposes of section 1822 of this 35 of this title may not receive assistance title, an individual, regardless of age or mar- (f) REPORTS.— under both this section and such chapter, but ital status, who— (1) PRELIMINARY REPORTS.— shall make an irrevocable election (in such ‘‘(i) is the natural child of a veteran of cov- (A) IN GENERAL.—Not later than one year form and manner as the Secretary may pre- ered service in Thailand (as determined for after the date of the commencement of the scribe) under which section or chapter to re- purposes of that section); and program and, if the program is continued ceive educational assistance.’’. ‘‘(ii) was conceived after the date on which under subsection (c)(2), not later than three (c) CONFORMING AMENDMENT.—Section that veteran first entered service described years after the date of the commencement of 3321(b)(4) is amended— in subsection (c) of that section.’’. the program, the Secretary shall submit to (1) by striking ‘‘an individual’’ and insert- (c) CLERICAL AMENDMENTS.— the Committee on Veterans’ Affairs of the ing ‘‘a child’’; and (1) SUBCHAPTER HEADING.—The heading for Senate and the Committee on Veterans’ Af- (2) by striking ‘‘such individual’s’’ each subchapter III of chapter 18 is amended by fairs of the House of Representatives a re- time it appears and inserting ‘‘such child’s’’. inserting ‘‘AND THAILAND’’ after port on the program. (d) EFFECTIVE DATE.—The amendments ‘‘KOREA’’. (B) CONTENTS.—Each report submitted made by this section shall take effect on the (2) TABLE OF SECTIONS.—The table of sec- under subparagraph (A) shall include the fol- date that is two years after the date of the tions at the beginning of chapter 18 is lowing: enactment of this Act. amended— (i) A description of the implementation SEC. 106. EXPANSION OF YELLOW RIBBON G.I. (A) by striking the item relating to sub- and operation of the program. EDUCATION ENHANCEMENT PRO- chapter III and inserting the following new (ii) The number of covered individuals re- GRAM. item: ceiving benefits under the program. (a) IN GENERAL.—Section 3317(a) is amend- ‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA (iii) An analysis that compares the costs of ed by striking ‘‘in paragraphs (1) and (2)’’ AND THAILAND SERVICE VETERANS BORN WITH furnishing assisted living, group home care, and inserting ‘‘in paragraphs (1), (2), and SPINA BIFIDA’’; or similar services with the costs of fur- (9)’’. and nishing nursing home care. (b) EFFECTIVE DATE.—The amendment (B) by inserting after the item relating to (iv) An analysis of the costs and benefits made by subsection (a) shall apply with re- section 1821 the following new item: under the program. spect to academic terms beginning after (v) The findings and conclusions of the Sec- July 1, 2015. ‘‘1822. Benefits for children of certain Thai- retary with respect to the program. land service veterans born with (vi) Such recommendations for the con- SEC. 107. BENEFITS FOR CHILDREN OF CERTAIN spina bifida.’’. THAILAND SERVICE VETERANS tinuation or expansion of the program as the (d) EFFECTIVE DATE.—The amendments BORN WITH SPINA BIFIDA. Secretary may have. made by this section shall take effect on the (a) IN GENERAL.—Subchapter III of chapter (2) FINAL REPORT.— date that is one year after the date of the en- 18 is amended by adding at the end the fol- (A) IN GENERAL.—Not later than 180 days actment of this Act. lowing new section: after the completion of the program, the SEC. 108. PROGRAM ON ASSISTED LIVING FOR ‘‘§ 1822. Benefits for children of certain Thai- Secretary shall submit to the Committee on CHILDREN OF VIETNAM VETERANS Veterans’ Affairs of the Senate and the Com- land service veterans born with spina AND CERTAIN KOREA SERVICE VET- bifida ERANS BORN WITH SPINA BIFIDA. mittee on Veterans’ Affairs of the House of ‘‘(a) BENEFITS AUTHORIZED.—The Secretary (a) PROGRAM.—Commencing not later than Representatives a report on the program. may provide to any child of a veteran of cov- 180 days after the date on which this section (B) CONTENTS.—The report submitted ered service in Thailand who is suffering takes effect, the Secretary of Veterans Af- under subparagraph (A) shall include the fol- from spina bifida the health care, vocational fairs shall carry out a program to assess the lowing: training and rehabilitation, and monetary feasibility and advisability of providing as- (i) The findings and conclusions of the Sec- allowance required to be paid to a child of a sisted living, group home care, or similar retary with respect to the program. Vietnam veteran who is suffering from spina services in lieu of nursing home care to cov- (ii) Such recommendations for the continu- bifida under subchapter I of this chapter as if ered individuals. ation or expansion of the program as the such child of a veteran of covered service in (b) COVERED INDIVIDUALS.—For purposes of Secretary may have. Thailand were a child of a Vietnam veteran this section, a covered individual is any indi- (g) FUNDING.—Amounts to carry out the who is suffering from spina bifida under such vidual who is entitled to health care under program shall be derived from amounts ap- subchapter. subchapter I or III of chapter 18 of title 38, propriated or otherwise made available for ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.— United States Code. the furnishing of nursing home care under This section applies with respect to all forms (c) DURATION.— chapter 18 of title 38, United States Code.

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(h) EFFECTIVE DATE.—This section shall subsection (a), the Secretary shall submit to sistance under chapters 30 and 33 of this take effect on the date that is one year after the Committee on Veterans’ Affairs of the title.’’. the date of the enactment of this Act. Senate and the Committee on Veterans’ Af- (b) EFFECTIVE DATE.—Subsection (c) of sec- SEC. 109. PROGRAM ON GRIEF COUNSELING IN fairs of the House of Representatives a re- tion 3679 of title 38, United States Code (as RETREAT SETTINGS FOR SURVIVING port setting forth the results of the program added by subsection (a) of this section), shall SPOUSES OF MEMBERS OF THE evaluation conducted pursuant to the con- apply with respect to educational assistance ARMED FORCES WHO DIE WHILE tract, together with such comments on the provided for pursuit of programs of edu- SERVING ON ACTIVE DUTY IN THE results of the program evaluation as the Sec- cation during academic terms that begin ARMED FORCES. retary considers appropriate. after July 1, 2015, through courses of edu- (a) PROGRAM REQUIRED.— (c) EFFECTIVE DATE.—This section shall cation that commence on or after that date. (1) IN GENERAL.—Commencing not later than 180 days after the date on which this take effect one year after the date of the en- SEC. 202. EXTENSION AND EXPANSION OF AU- actment of this Act. THORITY FOR CERTAIN QUALIFYING section takes effect, the Secretary of Vet- WORK-STUDY ACTIVITIES FOR PUR- erans Affairs shall carry out, through the TITLE II—EDUCATION MATTERS POSES OF THE EDUCATIONAL AS- Readjustment Counseling Service of the Vet- SEC. 201. APPROVAL OF COURSES OF EDUCATION SISTANCE PROGRAMS OF THE DE- erans Health Administration, a program to PROVIDED BY PUBLIC INSTITUTIONS PARTMENT OF VETERANS AFFAIRS. assess the feasibility and advisability of pro- OF HIGHER LEARNING FOR PUR- (a) EXTENSION OF EXPIRING CURRENT AU- viding grief counseling services described in POSES OF ALL-VOLUNTEER FORCE THORITY.—Section 3485(a)(4) is amended by subsection (b) in group retreat settings to EDUCATIONAL ASSISTANCE PRO- striking ‘‘June 30, 2013’’ each place it appears GRAM AND POST-9/11 EDUCATIONAL surviving spouses of members of the Armed ASSISTANCE CONDITIONAL ON IN- and inserting ‘‘June 30, 2015’’. Forces who die while serving on active duty STATE TUITION RATE FOR VET- (b) EXPANSION TO OUTREACH SERVICES PRO- in the Armed Forces who would, as deter- ERANS. VIDED THROUGH CONGRESSIONAL OFFICES.— mined by the Readjustment Counseling Serv- (a) IN GENERAL.—Section 3679 is amended Such section is further amended by adding at ice, benefit from the services provided under by adding at the end the following new sub- the end the following new subparagraph: the program. section: ‘‘(K) During the period beginning on June (2) PARTICIPATION AT ELECTION OF SUR- ‘‘(c)(1) Notwithstanding any other provi- 30, 2013, and ending on June 30, 2015, the fol- VIVING SPOUSE.—The participation of a sur- sion of this chapter and subject to para- lowing activities carried out at the offices of viving spouse in the program under this sec- graphs (3) through (6), the Secretary shall Members of Congress for such Members: tion shall be at the election of the surviving disapprove a course of education provided by ‘‘(i) The distribution of information to spouse. a public institution of higher learning to a members of the Armed Forces, veterans, and (b) COVERED SERVICES.—The services pro- covered individual pursuing a course of edu- their dependents about the benefits and serv- vided to a surviving spouse under the pro- cation with educational assistance under ices under laws administered by the Sec- gram shall include the following: chapter 30 or 33 of this title while living in retary and other appropriate governmental (1) Information and counseling on coping the State in which the public institution of and nongovernmental programs. with grief. higher learning is located if the institution ‘‘(ii) The preparation and processing of pa- (2) Information about benefits and services charges tuition and fees for that course for pers and other documents, including docu- available to surviving spouses under laws ad- the covered individual at a rate that is high- ments to assist in the preparation and pres- ministered by the Secretary. er than the rate the institution charges for entation of claims for benefits under laws ad- (3) Such other information and counseling tuition and fees for that course for residents ministered by the Secretary.’’. as the Secretary considers appropriate to as- of the State in which the institution is lo- (c) ANNUAL REPORTS.— sist a surviving spouse under the program cated, regardless of the covered individual’s (1) IN GENERAL.—Not later than June 30 of with adjusting to the death of a spouse. State of residence. 2014 and 2015, the Secretary of Veterans Af- (c) EVENTS.—The Secretary shall carry out ‘‘(2) For purposes of this subsection, a cov- fairs shall submit to Congress a report on the program at not fewer than six events as ered individual is any individual as follows: the work-study allowances paid under para- follows: ‘‘(A) A veteran who was discharged or re- graph (1) of section 3485(a) of title 38, United (1) Three events at which surviving spouses leased from a period of not fewer than 90 States Code, during the most recent one-year with dependent children are encouraged to days of service in the active military, naval, period for qualifying work-study activities bring their children. or air service less than three years before the described in paragraph (4) of such section, as (2) Three events at which surviving spouses date of enrollment in the course concerned. amended by subsections (a) and (b) of this with dependent children are not encouraged ‘‘(B) An individual who is entitled to as- section. to bring their children. sistance under section 3311(b)(9) or 3319 of (2) CONTENTS.—Each report submitted (d) DURATION.—The program shall be car- this title by virtue of such individual’s rela- under paragraph (1) shall include, for the ried out during the two-year period begin- tionship to a veteran described in subpara- year covered by such report, the following: ning on the date of the commencement of graph (A). (A) A description of the recipients of such the program. ‘‘(3) If after enrollment in a course of edu- work-study allowances. (e) REPORTS.— cation that is subject to disapproval under (B) A list of the locations where qualifying (1) IN GENERAL.—Not later than 180 days paragraph (1) by reason of paragraph (2)(A) work-study activities were carried out. after the completion of the first year of the or (2)(B) a covered individual pursues one or (C) A description of the outreach con- program and not later than 180 days after the more courses of education at the same public ducted by the Secretary to increase aware- completion of the program, the Secretary institution of higher learning while remain- ness of the eligibility of such work-study ac- shall submit to Congress a report on the pro- ing continuously enrolled (other than during tivities for such work-study allowances. gram. regularly scheduled breaks between courses, SEC. 203. PROHIBITIONS RELATING TO REF- (2) CONTENTS.—Each report submitted semesters or terms) at that institution of ERENCES TO GI BILL AND POST-9/11 under paragraph (1) shall contain the find- higher learning, any course so pursued by GI BILL. ings and conclusions of the Secretary as a re- the covered individual at that institution of (a) IN GENERAL.—Subchapter II of chapter sult of the program, and shall include such higher learning while so continuously en- 36 is amended by adding at the end the fol- recommendations for the continuation or ex- rolled shall also be subject to disapproval lowing new section: pansion of the program as the Secretary con- under paragraph (1). ‘‘§ 3697B. Prohibition relating to references to siders appropriate. ‘‘(4) It shall not be grounds to disapprove a GI Bill and Post-9/11 GI Bill (f) DEFINITIONS.—In this section, the terms course of education under paragraph (1) if a ‘‘active duty’’, ‘‘Armed Forces’’, and ‘‘sur- ‘‘(a) PROHIBITION.—(1) No person may, ex- public institution of higher learning requires viving spouse’’ have the meanings given such cept with the written permission of the Sec- a covered individual pursuing a course of terms in section 101 of title 38, United States retary, use the words and phrases covered by Code. education at the institution to demonstrate this subsection in connection with any pro- (g) EFFECTIVE DATE.—This section shall an intent, by means other than satisfying a motion, goods, services, or commercial ac- take effect on the date that is one year after physical presence requirement, to establish tivity in a manner that reasonably and false- the date of the enactment of this Act. residency in the State in which the institu- ly suggests that such use is approved, en- SEC. 110. PROGRAM EVALUATION ON SURVIVORS’ tion is located, or to satisfy other require- dorsed, or authorized by the Department or AND DEPENDENTS’ EDUCATIONAL ments not relating to the establishment of any component thereof. ASSISTANCE AUTHORITIES. residency, in order to be charged tuition and ‘‘(2) For purposes of this subsection, the (a) IN GENERAL.—The Secretary of Vet- fees for that course at a rate that is equal to words and phrases covered by this subsection erans Affairs shall enter into a contract with or less than the rate the institution charges are as follows: an appropriate private sector entity to con- for tuition and fees for that course for resi- ‘‘(A) ‘GI Bill’. duct a program evaluation of the authorities dents of the State. ‘‘(B) ‘Post-9/11 GI Bill’. for survivors’ and dependents’ educational ‘‘(5) The Secretary may waive such re- ‘‘(3) A determination that a use of one or assistance under chapter 35 of title 38, quirements of paragraph (1) as the Secretary more words and phrases covered by this sub- United States Code. considers appropriate. section in connection with a promotion, (b) REPORT.—Not later than six months ‘‘(6) Disapproval under paragraph (1) shall goods, services, or commercial activity is after the entry into the contract required by apply only with respect to educational as- not a violation of this subsection may not be

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made solely on the ground that such pro- (2) The accuracy of overpayment informa- (A) IN GENERAL.—Chapter 53 is amended by motion, goods, services, or commercial ac- tion provided to veterans by the Education inserting after section 5318 the following new tivity includes a disclaimer of affiliation Service and Debt Management Center of the section: with the Department or any component Department. ‘‘§ 5319. Review of reporting of health insur- thereof. (3) How well the Debt Management Center ance coverage ‘‘(b) ENFORCEMENT BY ATTORNEY GEN- of the Department communicates and works ‘‘The Secretary shall notify each veteran ERAL.—(1) When any person is engaged or is with veterans to resolve disputed debt who enrolls under subsection (d) of section about to engage in an act or practice which amounts. 1705 of this title in the patient enrollment constitutes or will constitute conduct pro- (4) How the payment and debt collection system of veterans under such section that hibited by subsection (a), the Attorney Gen- processes of the Department compare to information on the veteran’s access to eral may initiate a civil proceeding in a dis- comparable programs in other Federal agen- health insurance that is furnished to the trict court of the United States to enjoin cies. Secretary for purposes of such enrollment such act or practice. (5) Any recommendations to improve the ‘‘(2) Such court may, at any time before may be compared with information obtained payment and debt collection processes of the by the Secretary of the Treasury under sec- final determination, enter such restraining Department that the Comptroller General orders or prohibitions, or take such other ac- tion 6103(l)(23) of the Internal Revenue Code considers appropriate. of 1986.’’. tion as is warranted, to prevent injury to the (c) EFFECTIVE DATE.—This section shall (B) CLERICAL AMENDMENT.—The table of United States or to any person or class of take effect on the date that is one year after sections at the beginning of chapter 53 is persons for whose protection the action is the date of the enactment of this Act. brought.’’. amended by adding at the end the following SEC. 206. RESTORATION OF PRIOR REPORTING new item: (b) CLERICAL AMENDMENT.—The table of FEE MULTIPLIERS. sections at the beginning of chapter 36 is Section 3684(c) is amended— ‘‘5319. Review of reporting of health insur- amended by inserting after the item relating (1) by striking ‘‘$12’’ and inserting ‘‘$7’’; ance coverage.’’. to section 3697A the following new item: and (2) DISCLOSURE OF RETURN INFORMATION BY ‘‘3697B. Prohibition relating to references to (2) by striking ‘‘$15’’ and inserting ‘‘$11’’. INTERNAL REVENUE SERVICE.—Section 6103(l) of the Internal Revenue Code of 1986 is GI Bill and Post-9/11 GI Bill.’’. TITLE III—HEALTH CARE MATTERS SEC. 204. REVIEW OF UTILIZATION OF EDU- amended by adding at the end the following SUBTITLE A—EXPANSION AND IMPROVEMENTS new paragraph: CATIONAL ASSISTANCE TO PURSUE OF BENEFITS GENERALLY PROGRAMS OF TRAINING ON THE ‘‘(23) DISCLOSURE OF CERTAIN RETURN INFOR- JOB AND PARTICIPATING EMPLOY- SEC. 301. REQUIREMENT FOR ENROLLMENT IN MATION FOR VERIFICATION OF ELIGIBILITY OF ERS. PATIENT ENROLLMENT SYSTEM OF VETERANS FOR ENROLLMENT IN DEPARTMENT THE DEPARTMENT OF VETERANS (a) IN GENERAL.—Not later than two years OF VETERANS AFFAIRS PATIENT ENROLLMENT after the date of the enactment of this Act, AFFAIRS OF CERTAIN VETERANS EL- IGIBLE FOR ENROLLMENT BY LAW SYSTEM.— the Secretary of Veterans Affairs shall com- BUT NOT CURRENTLY PERMITTED ‘‘(A) RETURN INFORMATION FROM INTERNAL mence a review of— TO ENROLL. REVENUE SERVICE.—The Secretary shall, upon (1) the utilization of educational assistance (a) REQUIREMENT FOR ENROLLMENT.—Sec- written request, disclose current return in- under laws administered by the Secretary of tion 1705 is amended by adding at the end the formation from returns under section 6055 Veterans Affairs to pursue programs of following new subsection: with respect to minimum essential coverage training on the job (other than programs of ‘‘(d)(1) The Secretary shall provide for the of individuals to the Secretary of Veterans apprenticeship); and enrollment in the patient enrollment system Affairs for the purposes of verifying the eli- (2) the availability of such programs to in- of veterans specified in paragraph (2) by not gibility of veterans for enrollment in the pa- dividuals seeking to pursue such programs later than December 31, 2014. tient enrollment system of the Department with such educational assistance. ‘‘(2) Veterans specified in this paragraph of Veterans Affairs under section 1705(d) of (b) REPORT.— are as follows: title 38. (1) IN GENERAL.—Not later than two years ‘‘(A) Veterans with noncompensable serv- ‘‘(B) RESTRICTION ON DISCLOSURE.—The Sec- after the date on which the Secretary com- ice-connected disabilities rated as zero per- retary shall disclose return information mences the review required by subsection cent disabling who— under subparagraph (A) only for purposes of, (a), the Secretary shall submit to Congress a ‘‘(i) are not otherwise permitted to enroll and to the extent necessary in, verifying the report on such review. in the system as of the date of the enact- eligibility of veterans to enroll in the pa- (2) CONTENTS.—The report required by ment of the Comprehensive Veterans Health tient enrollment system described in that paragraph (1) shall include the following: and Benefits and Military Retirement Pay subparagraph. (A) The extent of utilization as described Restoration Act of 2014; and ‘‘(C) RESTRICTION ON USE OF DISCLOSED IN- in paragraph (1) of subsection (a). ‘‘(ii) as of the date of enrollment under this FORMATION.—Return information disclosed (B) An assessment of the availability of section, do not have access to health insur- under subparagraph (A) may be used by the programs as described in paragraph (2) of ance except through a health exchange es- Secretary of Veterans Affairs only for the such subsection. tablished pursuant to section 1311 of the Pa- purposes of, and to the extent necessary in, (C) A description of any barriers the Sec- tient Protection and Affordable Care Act (42 verifying the eligibility of veterans to enroll retary has identified to greater utilization of U.S.C. 18031). in the patient enrollment system described educational assistance for pursuit of a pro- ‘‘(B) Veterans without service-connected in that subparagraph.’’. gram of training on the job or availability of disability who— (c) PUBLIC NOTICE OF COMMENCEMENT OF such programs. ‘‘(i) are not otherwise permitted to enroll ENROLLMENT.—The Secretary of Veterans Af- (D) Such recommendations for legislative in the system as of the date of the enact- fairs shall publish in the Federal Register, or administrative action as the Secretary ment of the Comprehensive Veterans Health and shall make available to the public on an may have to increase or decrease such utili- and Benefits and Military Retirement Pay Internet website of the Department of Vet- zation or availability. Restoration Act of 2014; and erans Affairs, a notice regarding the date on (E) Such other matters as the Secretary ‘‘(ii) as of the date of enrollment under this which veterans covered by subsection (d) of considers appropriate. section, do not have access to health insur- section 1705 of title 38, United States Code SEC. 205. REPORT ON DEBT MANAGEMENT AND ance except through a health exchange es- (as added by subsection (a) of this section), COLLECTION. tablished pursuant to section 1311 of the Pa- may commence enrollment in the patient en- (a) REPORT.—Not later than one year after tient Protection and Affordable Care Act. rollment system required by that section. the effective date specified in subsection (c), ‘‘(3) A veteran who, after enrolling in the SEC. 302. FURTHER EXTENSION OF PERIOD OF the Comptroller General of the United States patient enrollment system pursuant to this ELIGIBILITY FOR HEALTH CARE FOR shall submit to the Committee on Veterans’ subsection, obtains access to health insur- VETERANS OF COMBAT SERVICE Affairs of the Senate and the Committee on ance other than through a health exchange DURING CERTAIN PERIODS OF HOS- Veterans’ Affairs of the House of Representa- shall remain enrolled in the patient enroll- TILITIES AND WAR. tives a report on processes used by the De- ment system notwithstanding obtaining ac- Section 1710(e)(3) is amended— partment of Veterans Affairs to identify and cess to such health insurance. (1) in subparagraph (A), by striking ‘‘the resolve cases of incorrect payments associ- ‘‘(4) A veteran enrolled in the patient en- date that is five years before the date of the ated with educational assistance under chap- rollment system pursuant to this subsection enactment of the National Defense Author- ters 30 and 33 of title 38, United States Code. shall maintain the priority for care of the ization Act for Fiscal Year 2008, after a pe- (b) ISSUES ADDRESSED.—The report re- veteran at the time of enrollment unless and riod of five years’’ and inserting ‘‘January quired by subsection (a) shall, to the extent until a change in circumstances of the vet- 27, 2003, after a period of 10 years’’; and possible, address the following: eran results in a higher priority for care of (2) in subparagraph (B), by striking ‘‘more (1) The effectiveness of the processes re- the veteran under subsection (a).’’. than five years’’ and all that follows and in- ferred to in subsection (a) in identifying and (b) VERIFICATION OF ELIGIBILITY FOR EN- serting ‘‘before January 28, 2003, and who did resolving incorrect payments associated ROLLMENT.— not enroll in the patient enrollment system with educational assistance under chapters (1) USE OF INFORMATION ON HEALTH INSUR- under section 1705 of this title before Janu- 30 and 33 of title 38, United States Code. ANCE COVERAGE.— ary 28, 2008, after January 27, 2018.’’.

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1058 CONGRESSIONAL RECORD — SENATE February 25, 2014 SEC. 303. EXTENSION TO ALL VETERANS WITH A in each Veterans Integrated Service Network (2) Any area so specified shall be co-exten- SERIOUS SERVICE-CONNECTED DIS- by not later than one year after the effective sive with one or more counties (or similar ABILITY OF ELIGIBILITY FOR PAR- date specified in section 305(c) of the Com- political subdivisions) in the State con- TICIPATION IN FAMILY CAREGIVER prehensive Veterans Health and Benefits and cerned. PROGRAM. Military Retirement Pay Restoration Act of (b) VARIABLE INCOME THRESHOLDS.—The (a) IN GENERAL.—Section 1720G(a)(2)(B) is 2014, and at not fewer than 50 percent of all Secretary shall modify the thresholds for in- amended by striking ‘‘on or after September medical centers in each Veterans Integrated come as specified for purposes of deter- 11, 2001’’. Service Network by not later than two years mining whether veterans qualify for treat- (b) EFFECTIVE DATE.—The amendment after such effective date.’’. ment as low-income families for enrollment made by subsection (a) shall take effect on (b) EXPANDED CHIROPRACTOR SERVICES September 30, 2014. in the patient enrollment system referred to AVAILABLE TO VETERANS.— in subsection (a) to meet the requirements as SEC. 304. IMPROVED ACCESS TO APPROPRIATE (1) MEDICAL SERVICES.—Paragraph (6) of follows: IMMUNIZATIONS FOR VETERANS. section 1701 is amended by adding at the end (1) There shall be one income threshold for (a) INCLUSION OF RECOMMENDED ADULT IM- the following new subparagraph: each State, equal to the highest income MUNIZATIONS AS MEDICAL SERVICES.— ‘‘(H) Chiropractic services.’’. threshold among the counties within such (1) COVERED BENEFIT.—Subparagraph (F) of (2) REHABILITATIVE SERVICES.—Paragraph State. section 1701(9) is amended to read as follows: (8) of such section is amended by inserting (2) The calculation of the highest income ‘‘(F) immunizations against infectious dis- ‘‘chiropractic,’’ after ‘‘counseling,’’. threshold of a county shall be consistent eases, including each immunization on the (3) PREVENTIVE HEALTH SERVICES.—Para- with the calculation used for purposes of sec- recommended adult immunization schedule graph (9) of such section is amended— tion 3(b) of the United States Housing Act of at the time such immunization is indicated (A) by redesignating subparagraphs (F) 1937 (42 U.S.C. 1437a(b)). on that schedule;’’. through (K) as subparagraphs (G) through (3) The timing and methodology for imple- (2) RECOMMENDED ADULT IMMUNIZATION (L), respectively; and menting any modifications in geographic in- SCHEDULE DEFINED.—Section 1701 is amended (B) by inserting after subparagraph (E) the come thresholds pursuant to paragraph (1) by adding after paragraph (9) the following following new subparagraph (F): shall be determined by the Secretary in such new paragraph: ‘‘(F) periodic and preventive chiropractic a manner as to permit the Department to ‘‘(10) The term ‘recommended adult immu- examinations and services;’’. build capacity for enrolling such additional nization schedule’ means the schedule estab- (c) EFFECTIVE DATE.—This section and the veterans in the patient enrollment system of lished (and periodically reviewed and, as ap- amendments made by this section shall take the Department as become eligible for en- propriate, revised) by the Advisory Com- effect on the date that is one year after the rollment as a result of such modifications, mittee on Immunization Practices estab- date of the enactment of this Act. except that all required modifications shall lished by the Secretary of Health and Human SEC. 306. MODIFICATION OF COMMENCEMENT be completed not later than five years after Services and delegated to the Centers for DATE OF PERIOD OF SERVICE AT date of the enactment of this Act. Disease Control and Prevention.’’. CAMP LEJEUNE, NORTH CAROLINA, (b) INCLUSION OF RECOMMENDED ADULT IM- FOR ELIGIBILITY FOR HOSPITAL SEC. 309. EXTENSION OF SUNSET DATE REGARD- ING TRANSPORTATION OF INDIVID- MUNIZATIONS IN ANNUAL REPORT.—Section CARE AND MEDICAL SERVICES IN UALS TO AND FROM FACILITIES OF 1704(1)(A) is amended— CONNECTION WITH EXPOSURE TO CONTAMINATED WATER. DEPARTMENT OF VETERANS AF- (1) in clause (i), by striking ‘‘and’’ at the (a) MODIFICATION.—Section 1710(e)(1)(F) is FAIRS AND REQUIREMENT OF RE- end; amended by striking ‘‘January 1, 1957,’’ and PORT. (2) in clause (ii), by striking the period at inserting ‘‘August 1, 1953 (or such earlier (a) EXTENSION OF SUNSET DATE.—Sub- the end and inserting ‘‘; and’’; and date for the commencement of exposure to section (a)(2) of section 111A is amended by (3) by inserting after clause (ii) the fol- contaminated water at Camp Lejeune as the striking ‘‘December 31, 2014’’ and inserting lowing new clause: Secretary, in consultation with the Agency ‘‘September 30, 2015’’. ‘‘(iii) to provide veterans each immuniza- for Toxic Substances and Disease Registry, (b) FUNDING AVAILABLE.—Such section is tion on the recommended adult immuniza- shall specify),’’. further amended by adding at the end the tion schedule at the time such immunization (b) PUBLICATION.—The Secretary of Vet- following new subsection: is indicated on that schedule.’’. erans Affairs shall publish in the Federal ‘‘(c) FUNDING.—There is hereby authorized (c) REPORT TO CONGRESS.— Register a notice of any earlier date for the to be appropriated for each of fiscal years (1) IN GENERAL.—Not later than two years commencement of exposure to contaminated 2014 and 2015 for the Department, $4,000,000 to after the date of the enactment of this Act, water at Camp Lejeune, North Carolina, for carry out this section.’’. the Secretary of Veterans Affairs shall sub- purposes of section 1710(e)(1)(F) of title 38, (c) REPORT.—Not later than one year after mit to the Committee on Veterans’ Affairs of United States Code, as amended by sub- the date of the enactment of this Act, the the Senate and the Committee on Veterans’ section (a). Secretary shall submit to the Committee on Affairs of the House of Representatives a re- SEC. 307. EXPANSION OF EMERGENCY TREAT- Veterans’ Affairs of the Senate and the Com- port on the development and implementa- MENT REIMBURSEMENT FOR CER- mittee on Veterans’ Affairs of the House of tion by the Department of Veterans Affairs TAIN VETERANS. Representatives a report on— of quality measures and metrics, including (a) IN GENERAL.—Section 1725(b)(2)(B) is (1) the efforts of the Secretary to carry out targets for compliance, to ensure that vet- amended— the transportation services required by sec- erans receiving medical services under chap- (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; tion 111A(a) of title 38, United States Code; ter 17 of title 38, United States Code, receive (2) by striking the period at the end and in- (2) the utilization of those services by cov- each immunization on the recommended serting ‘‘; or’’; and ered veterans; and adult immunization schedule at the time (3) by adding at the end the following: (3) the feasibility and advisability of the such immunization is indicated on that ‘‘(ii) the veteran was unable to receive care continuation of the provision of such serv- schedule. under this chapter within such 24-month pe- ices after September 30, 2015. riod because of a waiting period imposed by (2) RECOMMENDED ADULT IMMUNIZATION SEC. 310. COVERAGE OF COSTS OF CARE FOR SCHEDULE DEFINED.—In this subsection, the the Department with respect to a new pa- VETERANS AT MEDICAL FOSTER term ‘‘recommended adult immunization tient examination of such veteran.’’. HOMES. schedule’’ has the meaning given that term (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—In conducting the med- in section 1701(10) of title 38, United States made by subsection (a) shall take effect on ical foster home program pursuant to section Code, as added by subsection (a)(2). the date that is one year after the date of the 17.73 of title 38, Code of Federal Regulations, (3) EFFECTIVE DATE.—This subsection shall enactment of this Act. the Secretary of Veterans Affairs may cover take effect on the date that is one year after SEC. 308. MODIFICATION OF DETERMINATION OF the costs associated with the care of vet- the date of the enactment of this Act. ELIGIBILITY OF VETERANS FOR erans at medical foster homes. TREATMENT AS A LOW-INCOME FAM- SEC. 305. EXPANSION OF PROVISION OF CHIRO- ILY FOR PURPOSES OF ENROLL- (b) EFFECTIVE DATE.—Subsection (a) shall PRACTIC CARE AND SERVICES TO MENT IN THE PATIENT ENROLL- take effect on the date that is one year after VETERANS. MENT SYSTEM OF THE DEPARTMENT the date of the enactment of this Act. (a) PROGRAM FOR PROVISION OF CHIRO- OF VETERANS AFFAIRS. SEC. 311. EXTENSION AND MODIFICATION OF PRACTIC CARE AND SERVICES TO VETERANS.— (a) AREAS OF RESIDENCE.—The Secretary of PILOT PROGRAM ON ASSISTED LIV- Section 204(c) of the Department of Veterans Veterans Affairs shall modify the areas in ING SERVICES FOR VETERANS WITH Affairs Health Care Programs Enhancement which veterans reside as specified for pur- TRAUMATIC BRAIN INJURY. Act of 2001 (Public Law 107–135; 115 Stat. 2459; poses of determining whether veterans qual- (a) EXTENSION OF PROGRAM.—Subsection (a) 38 U.S.C. 1710 note) is amended— ify for treatment as low-income families for of section 1705 of the National Defense Au- (1) by inserting ‘‘(1)’’ before ‘‘The pro- enrollment in the patient enrollment system thorization Act for Fiscal Year 2008 (Public gram’’; and of the Department of Veterans Affairs under Law 110–181; 38 U.S.C. 1710C note) is amended (2) by adding at the end the following new section 1705(a)(7) of title 38, United States by striking ‘‘a five-year’’ and inserting ‘‘an paragraph: Code, to meet the requirements as follows: eight-year’’. ‘‘(2) The program shall be carried out at (1) Any area so specified shall be within (b) MODIFICATION OF LOCATIONS.—Sub- not fewer than two medical centers or clinics only one State. section (b) of such section is amended—

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(1) by redesignating paragraph (2) as para- (2) ELIGIBLE VETERAN.—Subsection (f)(3) of selected under subsection (d) may not exceed graph (3); and such section is amended— 100. (2) by striking paragraph (1) and inserting (A) in subparagraph (C), by striking ‘‘; (2) VOLUNTARY PARTICIPATION.—The par- the following new paragraphs: and’’ and inserting a semicolon; ticipation of a covered veteran in the pro- ‘‘(1) IN GENERAL.—The pilot program shall (B) in subparagraph (D), by striking the pe- gram shall be at the election of the covered be carried out at locations selected by the riod at the end and inserting ‘‘; and’’; and veteran in consultation with a clinician of Secretary for purposes of the pilot program. (C) by adding at the end the following new the Department. ‘‘(2) LOCATED IN SAME REGION AS subparagraph: (f) MEMBERSHIP PAYMENT.— POLYTRAUMA CENTERS.—Of the locations se- ‘‘(E) has a traumatic brain injury that is (1) IN GENERAL.—Except as provided in lected under paragraph (1), at least one loca- classified as complex-mild to severe.’’. paragraph (2), in carrying out the program, tion shall be in each health care region of (e) AUTHORIZATION OF APPROPRIATIONS.— the Secretary shall pay the following: the Veterans Health Administration of the There is authorized to be appropriated for (A) The full reasonable cost of a fitness Department of Veterans Affairs that con- the Department of Veterans Affairs for fiscal center membership for covered veterans tains a polytrauma center of the Department year 2015 $46,000,000 to carry out the pilot within the catchment area of centers se- of Veterans Affairs.’’. program under section 1705 of the National lected under subsection (d)(1)(A) who are (c) MODIFICATION OF REPORT REQUIRE- Defense Authorization Act for Fiscal Year participating in the program. MENTS.—Subsection (e) of such section is 2008 (Public Law 110–181; 38 U.S.C. 1710C (B) Half the reasonable cost of a fitness amended to read as follows: note), as amended by this section. The center membership for covered veterans ‘‘(e) REPORTS.— amount so authorized to be appropriated within the catchment area of centers se- ‘‘(1) ANNUAL REPORT.— shall be available for obligation for the lected under subsection (d)(1)(B) who are par- ‘‘(A) IN GENERAL.—Not later than two years three-year period beginning on the date that ticipating in the program. after the date of the enactment of the Com- is one year after the date of the enactment (2) LIMITATION.—Payment for a fitness cen- prehensive Veterans Health and Benefits and of this Act. ter membership of a covered veteran may Military Retirement Pay Restoration Act of (f) EFFECTIVE DATE.—The amendments not exceed $50 per month of membership. 2014, and not later than September 30 each made by this section shall take effect on Oc- (g) REPORTS.— year thereafter until 2018, the Secretary tober 1, 2014. (1) PERIODIC REPORTS.—Not later than 90 shall submit to the Committee on Veterans’ SEC. 312. PROGRAM ON HEALTH PROMOTION days after the date of the commencement of Affairs of the Senate and the Committee on FOR OVERWEIGHT AND OBESE VET- the program and not less frequently than ERANS THROUGH SUPPORT OF FIT- once every 90 days thereafter, the Secretary Veterans’ Affairs of the House of Representa- NESS CENTER MEMBERSHIPS. tives a report on the pilot program. shall submit to the Committee on Veterans’ (a) PROGRAM REQUIRED.—Commencing not ‘‘(B) ELEMENTS.—Each report submitted Affairs of the Senate and the Committee on later than 180 days after the date on which Veterans’ Affairs of the House of Representa- under subparagraph (A) shall include the fol- this section takes effect, the Secretary of lowing: tives a report on activities carried out to im- Veterans Affairs shall, through the National plement the program, including outreach ac- ‘‘(i) The number of individuals that partici- Center for Preventive Health, carry out a pated in the pilot program during the year tivities to veterans and community organi- program to assess the feasibility and advis- zations. preceding the submission of the report. ability of promoting health in covered vet- ‘‘(ii) The number of individuals that suc- (2) FINAL REPORT.—Not later than 180 days erans, including achieving a healthy weight after the date of the completion of the pro- cessfully completed the pilot program during and reducing risks of chronic disease, the year preceding the submission of the re- gram, the Secretary shall submit to the through support for fitness center member- Committee on Veterans’ Affairs of the Sen- port. ship. ‘‘(iii) The degree to which pilot program ate and the Committee on Veterans’ Affairs (b) COVERED VETERANS.—For purposes of of the House of Representatives a report on participants and family members of pilot this section, a covered veteran is any vet- program participants were satisfied with the the program detailing— eran who— (A) the findings and conclusions of the Sec- pilot program. (1) is enrolled in the system of annual pa- ‘‘(iv) The interim findings and conclusions retary as a result of the program; and tient enrollment established and operated by (B) recommendations for the continuation of the Secretary with respect to the success the Secretary under section 1705 of title 38, of the pilot program and recommendations or expansion of the program. United States Code; (h) EFFECTIVE DATE.—This section shall for improvement. (2) is determined by a clinician of the De- ‘‘(2) FINAL REPORT.— take effect on the date that is one year after partment of Veterans Affairs to be over- the date of the enactment of this Act. ‘‘(A) IN GENERAL.—Not later than 60 days weight or obese as of the date of the com- SEC. 313. PROGRAM ON HEALTH PROMOTION after the completion of the pilot program, mencement of the program; and the Secretary shall submit to the Committee FOR VETERANS THROUGH ESTAB- (3) resides in a location that is more than LISHMENT OF DEPARTMENT OF VET- on Veterans’ Affairs of the Senate and the 15 minutes driving distance from a fitness ERANS AFFAIRS FITNESS FACILI- Committee on Veterans’ Affairs of the House center at a facility of the Department that TIES. of Representatives a final report on the pilot would otherwise be available to the veteran (a) PROGRAM REQUIRED.—Commencing not program. for at least eight hours per day during five or later than 180 days after the date on which ‘‘(B) ELEMENTS.—The final report required more days per week. this section takes effect, the Secretary of by subparagraph (A) shall include the fol- (c) DURATION OF PROGRAM.—The program Veterans Affairs shall carry out a program lowing: shall be carried out during the two-year pe- to assess the feasibility and advisability of ‘‘(i) A description of the pilot program. riod beginning on the date of the commence- promoting health in covered veterans, in- ‘‘(ii) An assessment of the utility of the ac- ment of the program. cluding achieving a healthy weight, through tivities under the pilot program in enhanc- (d) LOCATIONS.— establishment of Department of Veterans Af- ing the rehabilitation, quality of life, and (1) IN GENERAL.—In carrying out the pro- fairs fitness facilities. community reintegration of veterans with gram, the Secretary shall select— (b) COVERED VETERANS.—For purposes of traumatic brain injury, including complex (A) not less than five medical centers of this section, a covered veteran is any vet- mild traumatic brain injury. the Department at which the Secretary shall eran who is enrolled in the system of annual ‘‘(iii) Such recommendations as the Sec- cover the full reasonable cost of a fitness patient enrollment established and operated retary considers appropriate regarding im- center membership for covered veterans by the Secretary under section 1705 of title proving the pilot program.’’. within the catchment area of such centers; 38, United States Code. (d) MODIFICATION OF DEFINITIONS.— and (c) DURATION OF PROGRAM.—The program (1) COMMUNITY-BASED BRAIN INJURY RESI- (B) not less than five medical centers of shall be carried out during the three-year pe- DENTIAL REHABILITATIVE CARE SERVICES.— the Department at which the Secretary shall riod beginning on the date of the commence- Such section is further amended— cover half the reasonable cost of a fitness ment of the program. (A) in the section heading, by striking ‘‘AS- center membership for covered veterans (d) LOCATIONS.— SISTED LIVING’’and inserting ‘‘COMMUNITY- within the catchment area of such centers. (1) IN GENERAL.—The Secretary shall carry BASED BRAIN INJURY RESIDENTIAL REHABILITA- (2) CONSIDERATIONS.—In selecting locations out the program by establishing fitness fa- TIVE CARE’’; for the program, the Secretary shall consider cilities in Department facilities as follows: (B) in subsection (c), in the subsection the feasibility and advisability of selecting (A) In not fewer than five Department of heading, by striking ‘‘ASSISTED LIVING’’ and locations in the following areas: Veterans Affairs medical centers selected by inserting ‘‘COMMUNITY-BASED BRAIN INJURY (A) Rural areas. the Secretary for purposes of the program. RESIDENTIAL REHABILITATIVE CARE’’; (B) Areas that are not in close proximity (B) In not fewer than five outpatient clin- (C) by striking ‘‘assisted living’’ each place to an active duty military installation. ics of the Department selected by the Sec- it appears, and inserting ‘‘community-based (C) Areas in different geographic locations. retary for purposes of the program. brain injury rehabilitative care’’; and (e) PARTICIPATION.— (2) CONSIDERATIONS.—In selecting locations (D) in subsection (f)(1), by striking ‘‘and (1) MAXIMUM NUMBER OF PARTICIPANTS.— for the program, the Secretary shall consider personal care’’ and inserting ‘‘rehabilitation, The number of covered veterans who may the feasibility and advisability of selecting and personal care’’. participate in the program at each location locations in the following areas:

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The Sec- (2) addresses any recommendations with (C) Areas in different geographic locations. retary shall develop the plan in consultation respect to the dialysis pilot program pro- (e) LIMITATION ON EXPENSES.—In estab- with veterans service organizations, institu- vided in a report prepared by the Govern- lishing and supporting a fitness facility in a tions of higher education with accredited de- ment Accountability Office. facility of the Department under the pro- gree programs in prosthetics and orthotics, (c) UTILIZATION OF EXISTING DIALYSIS RE- gram, the Secretary may expend amounts as and representatives of the prosthetics and SOURCES.—In order to increase the access of follows: orthotics field. veterans to dialysis care and decrease the (1) For establishment and support of a fit- (c) FUNDING.— travel time of such veterans to receive such ness facility in a Department of Veterans Af- (1) AUTHORIZATION OF APPROPRIATIONS.— care, the Secretary shall fully utilize exist- fairs medical center, not more than $60,000. There is hereby authorized to be appro- ing dialysis resources of the Department, in- (2) For establishment and support of a fit- priated for fiscal year 2015 for the Depart- cluding any community dialysis provider ness facility in an outpatient clinic of the ment of Veterans Affairs, $10,000,000 to carry with which the Department has entered into Department, not more than $40,000. out this section. a contract or agreement for the provision of (f) REPURPOSING OF PHYSICAL SPACE AND (2) AVAILABILITY.—The amount authorized such care. (d) DEFINITIONS.—In this section: PURCHASES OF EQUIPMENT.— to be appropriated by paragraph (1) shall re- (1) DIALYSIS PILOT PROGRAM.—The term (1) IN GENERAL.—Subject to subsection (e), main available for expenditure until Sep- the Secretary may, in carrying out the pro- tember 30, 2017. ‘‘dialysis pilot program’’ means the pilot gram, repurpose existing physical space of SEC. 323. CONTRACTING FOR HEALTH CARE. demonstration program established by the the Department and purchase such fitness (a) USE OF CAPITATION-BASED RESOURCE AL- Secretary in 2009 to provide dialysis care to equipment and supplies as the Secretary con- LOCATION IN ENTRY INTO CONTRACTS.—In en- patients at certain outpatient facilities oper- siders appropriate for purposes of the pro- tering into contracts for the furnishing of ated by the Department of Veterans Affairs. gram. health care services under the laws adminis- (2) INITIAL FACILITY.—The term ‘‘initial fa- cility’’ means one of the four outpatient fa- (2) REPURPOSING EXCEPTION.—Existing tered by the Secretary of Veterans Affairs physical space used for the direct delivery of (including under this title and the amend- cilities identified by the Secretary to par- health care to patients may not be ments made by this title), the Secretary ticipate in the dialysis pilot program prior repurposed under paragraph (1). shall use the capitation-based resource allo- to the date of the enactment of this Act. (e) EFFECTIVE DATE.—This section shall (g) PROHIBITION ON ASSESSMENT OF USER cation model of the Department of Veterans take effect on the date that is one year after FEES.—The Secretary may not assess a fee Affairs. the date of the enactment of this Act. upon a covered veteran for use of a fitness fa- (b) PRIORITY FOR CONTRACTS WITH CERTAIN cility established under the program. ENTITIES.—In entering into contracts for the SEC. 325. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS POLICY ON RE- (h) VOLUNTARY PARTICIPATION.—The par- furnishing of health care services under the laws administered by the Secretary, the Sec- PORTING CASES OF INFECTIOUS ticipation of a covered veteran in the pro- DISEASES AT FACILITIES OF THE DE- gram shall be at the election of the covered retary shall afford a priority for entry into PARTMENT. veteran. contracts for Federally Qualified Health (a) IN GENERAL.—Subchapter II of chapter (i) REPORTS.— Centers (FQHCs) and Community Health 73 is amended by adding at the end the fol- (1) PERIODIC REPORTS.—Not later than 90 Centers (CHCs), whenever appropriate. lowing new section: days after the date of the commencement of (c) BEST PRACTICES.—The Secretary shall modify the guidance of the Department of ‘‘§ 7330B. Reporting of infectious diseases the program and not less frequently than ‘‘(a) REPORTING.—The Secretary shall en- once every 90 days thereafter, the Secretary Veterans Affairs on contracts for health care services in order to provide for the incorpo- sure that the Department has in effect an shall submit to the Committee on Veterans’ up-to-date policy on reporting a notifiable Affairs of the Senate and the Committee on ration into such contracts of standardized requirements for such best practices under infectious disease diagnosed at a facility Veterans’ Affairs of the House of Representa- under the jurisdiction of the Secretary in ac- tives a report on activities carried out to im- such contracts, including the following: (1) Requirements that contracts provide cordance with the provisions of State and plement the program, including outreach ac- local law in effect where such facility is lo- tivities to veterans and community organi- the Department on a regular basis informa- tion on scheduling and appearance for ap- cated. zations. ‘‘(b) NOTIFIABLE INFECTIOUS DISEASE.—For pointments for health care on per-patient (2) FINAL REPORT.—Not later than 180 days purposes of this section, a notifiable infec- basis. after the date of the completion of the pro- tious disease is any infectious disease that (2) Such other best practices requirements gram, the Secretary shall submit to the is— as the Secretary considers appropriate. Committee on Veterans’ Affairs of the Sen- ‘‘(1) on the list of nationally notifiable dis- (d) FEDERALLY QUALIFIED HEALTH CENTER ate and the Committee on Veterans’ Affairs eases published by the Council of State and DEFINED.—In this section the term ‘‘Feder- of the House of Representatives a report on ally Qualified Health Center’’ means a Fed- Territorial Epidemiologists and the Centers the program detailing— erally-qualified health center as defined in for Disease Control and Prevention; or (A) the findings and conclusions of the Sec- section 1905(l)(2)(B) of the Social Security ‘‘(2) covered by a provision of law of a retary as a result of the program; and Act (42 U.S.C. 1396d(l)(2)(B)). State that requires the reporting of infec- (B) recommendations for the continuation tious diseases. SEC. 324. LIMITATION ON EXPANSION OF DIALY- or expansion of the program. ‘‘(c) PERFORMANCE MEASURES.—The Sec- SIS PILOT PROGRAM. (j) EFFECTIVE DATE.—This section shall retary shall develop performance measures (a) LIMITATION.—The Secretary of Veterans to assess whether and to what degree the di- take effect on the date that is one year after Affairs shall not expand the dialysis pilot rectors of Veterans Integrated Service Net- the date of the enactment of this Act. program to, or expand the capacity to pro- works and Department medical centers are Subtitle B—Health Care Administration vide additional dialysis care at, any facility complying with the policy required by sub- owned or leased by the Department that is SEC. 321. EXTENSION OF DEPARTMENT OF VET- section (a).’’. ERANS AFFAIRS HEALTH PROFES- not an initial facility until after the date (b) CLERICAL AMENDMENT.—The table of SIONAL SCHOLARSHIP PROGRAM. that— sections at the beginning of chapter 73 is Section 7619 is amended by striking ‘‘De- (1) the Secretary has implemented the di- amended by inserting after the item relating cember 31, 2014’’ and inserting ‘‘December 31, alysis pilot program at each initial facility to section 7330A the following new item: 2019’’. for a period of not less than two years; ‘‘7330B. Reporting of infectious diseases.’’. (2) an independent analysis of the dialysis SEC. 322. EXPANSION OF AVAILABILITY OF PROS- (c) EFFECTIVE DATE.—The amendments THETIC AND ORTHOTIC CARE FOR pilot program has been conducted at each made by this section shall take effect on the VETERANS. initial facility, including a consideration and date that is one year after the date of the en- (a) ESTABLISHMENT OR EXPANSION OF AD- comparison of factors including— actment of this Act. VANCED DEGREE PROGRAMS TO EXPAND (A) the ability of veterans to access care SEC. 326. INDEPENDENT ASSESSMENT OF THE VAILABILITY OF ROVISION OF ARE A P C .—The under the dialysis pilot program; VETERANS INTEGRATED SERVICE Secretary of Veterans Affairs shall work (B) the quality of care provided under the NETWORKS AND MEDICAL CENTERS with institutions of higher education to de- dialysis pilot program; and OF DEPARTMENT OF VETERANS AF- velop partnerships for the establishment or (C) the satisfaction of veterans who have FAIRS. expansion of programs of advanced degrees received treatment under the dialysis pilot (a) CONTRACT.— in prosthetics and orthotics in order to im- program; and (1) IN GENERAL.—The Secretary of Veterans prove and enhance the availability of high (3) the report required by subsection (b) Affairs shall seek to enter into a contract quality prosthetic and orthotic care for vet- has been submitted. with an independent third-party to perform erans. (b) REPORT.—Not later than 60 days after the services covered by this section. (b) REPORT.—Not later than one year after the date of the completion of the inde- (2) TIMING.—The Secretary shall seek to the date of the enactment of this Act, the pendent analysis required by subsection enter into the contract described in para- Secretary shall submit to the Committee on (a)(2), the Secretary shall submit to Congress graph (1) not later than 540 days after the Veterans’ Affairs of the Senate and the Com- a report that— date of the enactment of this Act.

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(b) INDEPENDENT STUDY.— through coordination with other appropriate participating or seeking to participate in a (1) IN GENERAL.—Under a contract between offices of the Department. telemedicine program of the Department. the Secretary and an independent third- (4) Goals and objectives for ensuring the (2) Actions taken to address the issues party under this section, the third party full and effective use of mobile outpatient identified in paragraph (1). shall carry out a study— clinics by the Veterans Health Administra- (3) An update on efforts by the Department (A) to assess the organizational structures tion for the provision of health care services to carry out the initiative of teleconsulta- of medical centers of the Department of Vet- in rural areas, including goals and objectives tion for the provision of remote mental erans Affairs; and for the use of such clinics on a fully mobile health and traumatic brain injury assess- (B) to improve succession planning among basis and for encouraging health care pro- ments required by section 1709A of title 38, key leadership roles at Veterans Integrated viders who provide services through such United States Code. Service Networks and medical centers of the clinics to do so in rural areas. (4) An update on efforts by the Department Department. (5) Procedures for soliciting from each Vet- to offer training opportunities in telemedi- (2) MATTERS STUDIED AND PROPOSED.—In erans Health Administration facility that cine to medical residents, as required by sec- carrying out the study, the third party serves a rural area the following: tion 108(b) of the Janey Ensminger Act (Pub- shall— (A) A statement of the clinical capacity of lic Law 112–154; 38 U.S.C. 7406 note). (A) assess whether the organizational such facility. (5) An update on efforts by the Department structure of the medical centers of the De- (B) The procedures of such facility in the to, in partnership with primary care pro- partment is effective for the furnishing of event of a medical, surgical, or mental viders, install video cameras and instru- medical services, addressing issues that arise health emergency outside the scope of the ments to monitor weight, blood pressure, regarding the furnishing of medical services, clinical capacity of such facility. and other vital statistics in the homes of pa- and addressing standard business operations; (C) The procedures and mechanisms of such tients. (B) propose one organizational chart for facility for the provision and coordination of (b) TELEMEDICINE DEFINED.—In this sec- Department medical centers with a common health care for women veterans, including tion, the term ‘‘telemedicine’’ means the use set of base position descriptions; procedures and mechanisms for coordination by a health care provider of telecommuni- (C) propose a base set of medical positions with local hospitals and health care facili- cations to assist in the diagnosis or treat- that should be filled to ensure that the ties, oversight of primary care and fee-basis ment of a patient’s medical condition. health care provided to veterans by the De- care, and management of specialty care. (c) EFFECTIVE DATE.—This section shall partment is of good quality; and (6) Goals and objectives for the modifica- take effect on the date that is one year after (D) identify which key leadership positions tion of the funding allocation mechanisms of the date of the enactment of this Act. at Veterans Integrated Service Networks and the Office of Rural Health in order to ensure SEC. 329. DESIGNATION OF CORPORAL MICHAEL Department medical centers should have that the Office distributes funds to compo- J. CRESCENZ DEPARTMENT OF VET- succession plans and propose how to imple- nents of the Department to best achieve the ERANS AFFAIRS MEDICAL CENTER. ment such plans. goals and objectives of the Office and in a (a) DESIGNATION.—The medical center of (3) TIMING.—The third party shall complete timely manner. the Department of Veterans Affairs located the study under this section not later than (7) Goals and objectives for the coordina- at 3900 Woodland Avenue in Philadelphia, 270 days after entering into the contract de- tion of, and sharing of resources with respect Pennsylvania, shall after the date of the en- scribed in subsection (a). to, the provision of health care services to actment of this Act be known and designated (c) REPORT.—Not later than 90 days after veterans in rural areas between the Depart- as the ‘‘Corporal Michael J. Crescenz Depart- the date on which the third party completes ment of Veterans Affairs, the Department of ment of Veterans Affairs Medical Center’’. the study under this section, the Secretary Defense, the Indian Health Service of the De- (b) REFERENCES.—Any reference in any shall submit to the Committee on Veterans’ partment of Health and Human Services, and law, regulation, map, document, paper, or Affairs of the Senate and the Committee on other Federal agencies, as appropriate and other record of the United States to the med- Veterans’ Affairs of the House of Representa- prudent. ical center referred to in subsection (a) shall tives a report on the results of such study. (8) Specific milestones for the achievement be considered to be a reference to the Cor- (d) EFFECTIVE DATE.—This section shall of the goals and objectives developed for the poral Michael J. Crescenz Department of take effect on the date that is one year after update. Veterans Affairs Medical Center. the date of the enactment of this Act. (9) Procedures for ensuring the effective Subtitle C—Complementary and Alternative SEC. 327. REQUIREMENTS IN CONNECTION WITH implementation of the update. Medicine NEXT UPDATE OF CURRENT STRA- (c) TRANSMITTAL TO CONGRESS.—Not later SEC. 331. EXPANSION OF RESEARCH AND EDU- TEGIC PLAN FOR OFFICE OF RURAL than 90 days after the date of the issuance of HEALTH OF THE DEPARTMENT OF CATION ON AND DELIVERY OF COM- VETERANS AFFAIRS. the update described in subsection (a), the PLEMENTARY AND ALTERNATIVE (a) REQUIREMENTS.— Secretary of Veterans Affairs shall transmit MEDICINE TO VETERANS. (1) IN GENERAL.—The first update of the the update to Congress, together with such (a) DEVELOPMENT OF PLAN TO EXPAND RE- Strategic Plan Refresh for Fiscal Years 2012 comments and recommendations in connec- SEARCH, EDUCATION, AND DELIVERY.—Not through 2014 of the Office of Rural Health of tion with the update as the Secretary con- later than six months after the effective date the Department of Veterans Affairs after the siders appropriate. specified in subsection (f), the Secretary of date of the enactment of this Act, whether SEC. 328. REPORT ON PROVISION OF TELEMEDI- Veterans Affairs shall develop a plan to ex- an update or refresh of such Strategic Plan CINE SERVICES. pand materially and substantially the scope Refresh or a strategic plan to supersede such (a) IN GENERAL.—Not later than two years of research and education on, and delivery Strategic Plan Refresh, shall be prepared in after the date of the enactment of this Act, and integration of, complementary and al- accordance with this section. the Secretary of Veterans Affairs shall sub- ternative medicine services into the health (2) CONSULTATION.—The Director of the Of- mit to the Committee on Veterans’ Affairs of care services provided to veterans. fice of Rural Health shall prepare the update the Senate and the Committee on Veterans’ (b) ELEMENTS.—The plan required by sub- in consultation with the following: Affairs of the House of Representatives a re- section (a) shall provide for the following: (A) The Director of the Health Care Reten- port on the following: (1) Research on the following: tion and Recruitment Office of the Depart- (1) Issues that may be impeding the provi- (A) The comparative effectiveness of var- ment. sion by the Department of Veterans Affairs ious complementary and alternative medi- (B) The Director of the Office of Quality of telemedicine services for veterans, includ- cine therapies. and Performance of the Department. ing the following: (B) Approaches to integrating complemen- (C) The Director of the Office of Care Co- (A) Statutory or regulatory restrictions. tary and alternative medicine services into ordination Services of the Department. (B) Licensure or credentialing issues for other health care services provided by the (b) ELEMENTS.—The update described in any provider practicing telemedicine with Department. subsection (a) shall include, for the period veterans who live in a different State than (2) Education and training for health care covered by the update, the following: the provider. professionals of the Department on the fol- (1) Goals and objectives for the recruit- (C) Limited broadband access in rural lowing: ment and retention by the Veterans Health areas. (A) Complementary and alternative medi- Administration of health care personnel in (D) Limited information technology re- cine services selected by the Secretary for rural areas. sources or capabilities. purposes of the plan. (2) Goals and objectives for ensuring time- (E) Long distances veterans must travel to (B) Appropriate uses of such services. liness and improving quality in the delivery access a facility or clinic with telemedicine (C) Integration of such services into the de- of health care services by the Veterans capabilities. livery of health care to veterans. Health Administration in rural areas (F) Insufficient liability protection for pro- (3) Research, education, and clinical activi- through contract and fee-basis providers. viders. ties on complementary and alternative medi- (3) Goals and objectives for the implemen- (G) Reimbursement issues faced by pro- cine at centers of innovation at Department tation, expansion, and enhanced use of tele- viders. medical centers. medicine services by the Veterans Health (H) Travel limitations for providers that (4) Identification or development of Administration in rural areas, including are unaffiliated with the Department and are metrics and outcome measures to evaluate

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the provision and integration of complemen- (c) LOCATIONS.— mittee on Veterans’ Affairs of the House of tary and alternative medicine services into (1) IN GENERAL.—The Secretary shall carry Representatives a report on the program. the delivery of health care to veterans. out the program at not fewer than 15 sepa- (B) CONTENTS.—The report submitted (5) Integration and delivery of complemen- rate Department medical centers. under subparagraph (A) shall include the fol- tary and alternative medicine services with (2) POLYTRAUMA CENTERS.—Not less than lowing: other health care services provided by the two of the medical centers designated under (i) The findings and conclusions of the Sec- Department. paragraph (1) shall be located at polytrauma retary with respect to the program, includ- (c) CONSULTATION.— rehabilitation centers of the Department. ing with respect to— (1) IN GENERAL.—In carrying out subsection (3) SELECTION OF LOCATIONS.—In carrying (I) the utilization and efficacy of the com- (a), the Secretary shall consult with the fol- out the program, the Secretary shall select plementary and alternative medicine serv- lowing: locations that include the following areas: ices established under the program; (A) The Director of the National Center on (A) Rural areas. (II) an assessment of the benefit of the pro- Complementary and Alternative Medicine of (B) Areas that are not in close proximity gram to covered veterans in mental health the National Institutes of Health. to an active duty military installation. diagnoses, pain management, and treatment (B) The Commissioner of Food and Drugs. (C) Areas representing different geographic of chronic illness; and (C) Institutions of higher education, pri- locations, such as census tracts established (III) the comparative effectiveness of var- vate research institutes, and individual re- by the Bureau of the Census. ious complementary and alternative medi- searchers with extensive experience in com- (d) PROVISION OF SERVICES.—Under the pro- cine therapies. plementary and alternative medicine and the gram, the Secretary shall provide covered (ii) Barriers identified under subsection integration of complementary and alter- services to covered veterans by integrating (a)(2) that were not resolved. native medicine practices into the delivery complementary and alternative medicine (iii) Such recommendations for the con- of health care. services with other services provided by the tinuation or expansion of the program as the (D) Nationally recognized providers of Department at the medical centers des- Secretary considers appropriate. complementary and alternative medicine. ignated under subsection (c)(1). (i) COMPLEMENTARY AND ALTERNATIVE MED- (E) Such other officials, entities, and indi- (e) COVERED VETERANS.—For purposes of ICINE DEFINED.—In this section, the term viduals with expertise on complementary the program, a covered veteran is any vet- ‘‘complementary and alternative medicine’’ and alternative medicine as the Secretary eran who— shall have the meaning given that term in considers appropriate. (1) has a mental health condition diag- section 331(e) of this Act. (j) EFFECTIVE DATE.—This section shall (2) SCOPE OF CONSULTATION.—The Secretary nosed by a clinician of the Department; take effect on the date that is one year after shall undertake consultation under para- (2) experiences chronic pain; or the date of the enactment of this Act. graph (1) in carrying out subsection (a) with (3) has a chronic condition being treated by SEC. 333. STUDIES OF BARRIERS ENCOUNTERED respect to the following: a clinician of the Department. (f) COVERED SERVICES.— BY VETERANS IN RECEIVING, AND (A) To develop the plan. ADMINISTRATORS AND CLINICIANS (B) To identify specific complementary and (1) IN GENERAL.—For purposes of the pro- gram, covered services are services con- IN PROVIDING, COMPLEMENTARY alternative medicine practices that, on the AND ALTERNATIVE MEDICINE SERV- basis of research findings or promising clin- sisting of complementary and alternative ICES FURNISHED BY THE DEPART- ical interventions, are appropriate to include medicine as selected by the Secretary. MENT OF VETERANS AFFAIRS. as services to veterans. (2) ADMINISTRATION OF SERVICES.—Covered (a) STUDIES REQUIRED.— (C) To identify barriers to the effective services shall be administered under the pro- (1) IN GENERAL.—The Secretary of Veterans provision and integration of complementary gram as follows: Affairs shall conduct comprehensive studies and alternative medicine services into the (A) Covered services shall be administered of the barriers encountered by veterans in delivery of health care to veterans, and to by clinicians employed by the Secretary for receiving, and administrators and clinicians identify mechanisms for overcoming such purposes of this section who, to the extent in providing, complementary and alternative barriers. practicable, shall provide services consisting medicine services furnished by the Depart- (d) FUNDING.—There is authorized to be ap- of complementary and alternative medicine, ment of Veterans Affairs. propriated to the Secretary such sums as including those clinicians who solely provide (2) STUDIES CONDUCTED.— may be necessary to carry out this section. such services. (A) VETERANS.—In conducting the study of (e) COMPLEMENTARY AND ALTERNATIVE (B) Covered services shall be included as veterans, the Secretary shall— MEDICINE DEFINED.—In this section, the term part of the Patient Aligned Care Teams ini- (i) survey veterans who seek or receive ‘‘complementary and alternative medicine’’ tiative of the Office of Patient Care Services, hospital care or medical services furnished shall have the meaning given that term in Primary Care Program Office, in coordina- by the Department, as well as veterans who regulations the Secretary shall prescribe for tion with the Office of Patient Centered Care do not seek or receive such care or services; purposes of this section, which shall, to the and Cultural Transformation. (ii) administer the survey to a representa- degree practicable, be consistent with the (C) Covered services shall be made avail- tive sample of veterans from each Veterans meaning given such term by the Secretary of able to both— Integrated Service Network; and Health and Human Services. (i) covered veterans with mental health (iii) ensure that the sample of veterans (f) EFFECTIVE DATE.—This section shall conditions, pain conditions, or chronic condi- surveyed is of sufficient size for the study re- take effect on the date that is one year after tions described in subsection (e) who have re- sults to be statistically significant. the date of the enactment of this Act. ceived conventional treatments from the De- (B) ADMINISTRATORS AND CLINICIANS.—In conducting the study of clinicians and ad- SEC. 332. PROGRAM ON INTEGRATION OF COM- partment for such conditions; and PLEMENTARY AND ALTERNATIVE (ii) covered veterans with mental health ministrators, the Secretary shall— MEDICINE WITHIN DEPARTMENT OF conditions, pain conditions, or chronic condi- (i) survey administrators of the Depart- VETERANS AFFAIRS MEDICAL CEN- tions described in subsection (e) who have ment who are involved in the provision of TERS. not received conventional treatments from health care services; (a) PROGRAM REQUIRED.—The Secretary of the Department for such conditions. (ii) survey clinicians that have provided Veterans Affairs shall— (g) VOLUNTARY PARTICIPATION.—The par- complementary and alternative medicine (1) carry out, through the Office of Patient ticipation of a veteran in the program shall services through the program established Centered Care and Cultural Transformation be at the election of the veteran and in con- under section 332 of this Act, after those cli- of the Department of Veterans Affairs, a pro- sultation with a clinician of the Department. nicians have provided those services through gram to assess the feasibility and advis- (h) REPORTS TO CONGRESS.— such program for at least 90 days; and ability of integrating the delivery of com- (1) QUARTERLY REPORTS.—Not later than 90 (iii) administer the survey to administra- plementary and alternative medicine serv- days after the date of the commencement of tors under clause (i)— ices selected by the Secretary with other the program and not less frequently than (I) before the introduction of complemen- health care services provided by the Depart- once every 90 days thereafter for the dura- tary and alternative medicine services ment for veterans with mental health condi- tion of the program, the Secretary shall sub- through such program; and tions, chronic pain conditions, other chronic mit to the Committee on Veterans’ Affairs of (II) not earlier than 90 days after the intro- conditions, and such other conditions as the the Senate and the Committee on Veterans’ duction of complementary and alternative Secretary determines appropriate; and Affairs of the House of Representatives a re- medicine services through such program. (2) in developing the program, identify and port on the efforts of the Secretary to carry (b) ELEMENTS OF STUDIES.— resolve barriers to the provision of com- out the program, including a description of (1) VETERANS.—In conducting the study of plementary and alternative medicine serv- the outreach conducted by the Secretary to veterans required by subsection (a), the Sec- ices selected by the Secretary and the inte- veterans and community organizations to in- retary shall study the following: gration of those services with other health form such organizations about the program. (A) The perceived barriers associated with care services provided by the Department. (2) FINAL REPORT.— obtaining complementary and alternative (b) DURATION OF PROGRAM.—The program (A) IN GENERAL.—Not later than 180 days medicine services from the Department. shall be carried out during the three-year pe- after the completion of the program, the (B) The satisfaction of veterans with com- riod beginning on the effective date specified Secretary shall submit to the Committee on plementary and alternative medicine serv- in subsection (j). Veterans’ Affairs of the Senate and the Com- ices in primary care.

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(C) The degree to which veterans are aware (1) IN GENERAL.—The Secretary of Veterans cilitate evaluations among entities partici- of eligibility requirements for, and the scope Affairs shall carry out a program through pating in the program. of services available under, complementary the award of grants to public or private non- (C) Other requirements that the Secretary and alternative medicine services furnished profit entities to assess the feasibility and may prescribe. by the Department. advisability of using wellness programs to (e) GRANT USES.— (D) The effectiveness of outreach to vet- complement the provision of mental health (1) IN GENERAL.—A public or private non- erans on the availability of complementary care to veterans and family members eligible profit entity awarded a grant under this sec- and alternative medicine for veterans. for counseling under section 1712A(a)(1)(C) of tion shall use the award for purposes pre- (E) Such other barriers as the Secretary title 38, United States Code. scribed by the Secretary. considers appropriate. (2) MATTERS TO BE ADDRESSED.—The pro- (2) ELIGIBLE VETERANS AND FAMILY.—In car- (2) ADMINISTRATORS AND CLINICIANS.—In gram shall be carried out so as to assess the rying out the purposes prescribed by the Sec- conducting the study of administrators and following: retary in paragraph (1), a public or private clinicians required by subsection (a), the (A) Means of improving coordination be- nonprofit entity awarded a grant under this Secretary shall study the following: tween Federal, State, local, and community section shall use the award to furnish serv- (A) The extent of the integration of com- providers of health care in the provision of ices only to individuals specified in section plementary and alternative medicine serv- mental health care to veterans and family 1712A(a)(1)(C) of title 38, United States Code. ices within the services provided by the De- members described in paragraph (1). (f) REPORTS.— partment. (B) Means of enhancing outreach, and co- (1) PERIODIC REPORTS.— (B) The perception by administrators and ordination of outreach, by and among pro- (A) IN GENERAL.—Not later than 180 days clinicians of the structural and attitudinal viders of health care referred to in subpara- after the date of the commencement of the barriers to the delivery of high quality com- graph (A) on the mental health care services program, and every 180 days thereafter, the plementary and alternative medicine serv- available to veterans and family members Secretary shall submit to Congress a report ices by the Department. described in paragraph (1). on the program. (C) Strategies that have been used to re- (C) Means of using wellness programs of (B) REPORT ELEMENTS.—Each report re- duce or eliminate such barriers and the re- providers of health care referred to in sub- quired by subparagraph (A) shall include the sults of such strategies. paragraph (A) as complements to the provi- following: (D) The satisfaction of administrators and sion by the Department of Veterans Affairs (i) The findings and conclusions of the Sec- clinicians regarding the integration of com- of mental health care to veterans and family retary with respect to the program during plementary and alternative medicine serv- members described in paragraph (1). the 180-day period preceding the report. ices within the services provided by the De- (D) Whether wellness programs described (ii) An assessment of the benefits of the partment. in subparagraph (C) are effective in enhanc- program to veterans and their family mem- (E) The perception by administrators and ing the quality of life and well-being of vet- bers during the 180-day period preceding the clinicians of the value of specific com- erans and family members described in para- report. plementary and alternative medicine serv- graph (1). (2) FINAL REPORT.—Not later than 180 days ices for inpatient and outpatient veteran (E) Whether wellness programs described after the end of the program, the Secretary populations. in subparagraph (C) are effective in increas- shall submit to Congress a report detailing (c) DISCHARGE BY CONTRACT.—The Sec- ing the adherence of veterans described in the recommendations of the Secretary as to retary shall enter into a contract with a paragraph (1) to the primary mental health the advisability of continuing or expanding qualified independent entity or organization services provided such veterans by the De- the program. to carry out the studies required by this sec- partment. (g) WELLNESS DEFINED.—In this section, tion. (F) Whether wellness programs described the term ‘‘wellness’’ has the meaning given (d) MANDATORY REVIEW OF DATA BY THE in subparagraph (C) have an impact on the that term in regulations prescribed by the NATIONAL RESEARCH ADVISORY COUNCIL.— sense of wellbeing of veterans described in Secretary. (1) IN GENERAL.—The Secretary shall en- paragraph (1) who receive primary mental Subtitle D—Mental Health Care sure that the head of the National Research health services from the Department. SEC. 341. INCLUSION OF MENTAL HEALTH PRO- Advisory Council reviews the results of the (G) Whether wellness programs described FESSIONALS IN THE EDUCATION studies conducted under this section. in subparagraph (C) are effective in encour- AND TRAINING PROGRAM FOR (2) SUBMITTAL OF FINDINGS.—The head of aging veterans receiving health care from HEALTH PERSONNEL OF THE DE- the National Research Advisory Council PARTMENT OF VETERANS AFFAIRS. the Department to adopt a more healthy life- shall submit findings with respect to the (a) IN GENERAL.—In carrying out the edu- style. studies to the Under Secretary for Health cation and training program required under (b) DURATION.—The Secretary shall carry section 7302(a)(1) of title 38, United States and to other pertinent program offices with- out the program for a period of three years Code, the Secretary of Veterans Affairs shall in the Department with responsibilities re- beginning on the date that is one year after include education and training of marriage lating to health care services for veterans. the date of the enactment of this Act. and family therapists and licensed profes- (e) REPORTS.— (c) LOCATIONS.—The Secretary shall carry (1) REPORT ON IMPLEMENTATION.—Not later out the program at facilities of the Depart- sional mental health counselors. (b) FUNDING.—The Secretary shall appor- than one year after the date of the enact- ment providing mental health care services tion funding for the education and training ment of this Act, the Secretary shall submit to veterans and family members described in program equally among the professions in- to Congress a report on the status of the im- subsection (a)(1). cluded in the program. plementation of this section. (d) GRANT PROPOSALS.— (c) EFFECTIVE DATE.—This section shall (2) REPORT ON STUDY.— (1) IN GENERAL.—A public or private non- take effect on the date that is one year after (A) IN GENERAL.—Not later than 45 days profit entity seeking the award of a grant the date of the enactment of this Act. after the date of the completion of the study, under this section shall submit an applica- SEC. 342. EDUCATION PROGRAM AND PEER SUP- the Secretary shall submit to Congress a re- tion therefor to the Secretary in such form port on the study required by subsection (a). PORT PROGRAM FOR FAMILY MEM- and in such manner as the Secretary may re- BERS AND CAREGIVERS OF VET- (B) CONTENTS.—The report required by sub- quire. ERANS WITH MENTAL HEALTH DIS- paragraph (A) shall include the following: (2) APPLICATION CONTENTS.—Each applica- ORDERS. (i) Recommendations for such administra- tion submitted under paragraph (1) shall in- (a) PROGRAMS.— tive and legislative proposals and actions as clude the following: (1) IN GENERAL.—Not later than one year the Secretary considers appropriate. (A) A plan to coordinate activities under after the date of the enactment of this Act, (ii) The findings of the head of the Na- the program, to the extent possible, with the the Secretary of Veterans Affairs shall es- tional Research Advisory Council and of the Federal, State, and local providers of serv- tablish an education program (in this section Under Secretary for Health. ices for veterans to enhance the following: referred to as the ‘‘education program’’) and (f) AUTHORIZATION OF APPROPRIATIONS.— (i) Awareness by veterans of benefits and a peer support program (in this section re- There is authorized to be appropriated for health care services provided by the Depart- ferred to as the ‘‘peer support program’’) for fiscal year 2015 for the Department of Vet- ment. the education and training of family mem- erans Affairs, $2,000,000 to carry out this sec- (ii) Outreach efforts to increase the use by bers and caregivers of eligible veterans with tion. veterans of services provided by the Depart- mental health disorders. (g) COMPLEMENTARY AND ALTERNATIVE ment. (2) DEFINITIONS.—In this section: MEDICINE DEFINED.—In this section, the term (iii) Educational efforts to inform veterans (A) FAMILY MEMBER; CAREGIVER.—The ‘‘complementary and alternative medicine’’ of the benefits of a healthy and active life- terms ‘‘family member’’ and ‘‘caregiver’’ shall have the meaning given that term in style. have the meaning given those terms in sec- section 331(e) of this Act. (B) A statement of understanding from the tion 1720G(d) of title 38, United States Code. SEC. 334. PROGRAM ON USE OF WELLNESS PRO- LIGIBLE VETERAN GRAMS AS COMPLEMENTARY AP- entity submitting the application that, if se- (B) E .—The term ‘‘eligible PROACH TO MENTAL HEALTH CARE lected, such entity will be required to report veteran’’ means a veteran who is enrolled in FOR VETERANS AND FAMILY MEM- to the Secretary periodically on standardized the health care system established under BERS OF VETERANS. data and other performance data necessary section 1705(a) of title 38, United States (a) PROGRAM REQUIRED.— to evaluate individual outcomes and to fa- Code.

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(b) EDUCATION PROGRAM.— in an effort to expand the availability of sup- (A) The general satisfaction of those indi- (1) IN GENERAL.—Under the education pro- port services, especially in rural areas. viduals with the education and assistance gram, the Secretary shall provide a course of (5) ELEMENTS.—The course of education de- provided in the education program and the education to family members and caregivers scribed in this paragraph shall consist of not peer support program. of eligible veterans on matters relating to less than 10 weeks of education and shall in- (B) The perceived effectiveness of the edu- coping with mental health disorders in vet- clude the following: cation program and the peer support pro- erans. (A) General education on different mental gram in providing education and assistance (2) DURATION.— health disorders, including information to that is useful for those individuals. (A) IN GENERAL.—The education program improve understanding of the experiences of (C) The applicability of the education pro- shall be carried out during the four-year pe- individuals suffering from those disorders. gram and the peer support program to the riod beginning on the date of the commence- (B) Techniques for handling crisis situa- issues faced by those individuals. ment of the education program. tions and administering mental health first (D) Such other matters as the Secretary (B) AUTHORITY FOR EXTENSION.—The Sec- aid to individuals suffering from mental considers appropriate. retary may extend the duration of the edu- health disorders. (E) A representative sample of the infor- cation program for an additional four years. (C) Techniques for coping with the stress of mation required by subparagraphs (A) living with someone with a mental health (3) LOCATIONS.— through (D) from each Veterans Integrated disorder. (A) IN GENERAL.—Except as required by Service Network that is participating in the subparagraph (D), the Secretary shall carry (D) Information on additional services education program and the peer support pro- available for family members and caregivers out the education program at the following gram. through the Department or community orga- facilities of the Department of Veterans Af- (2) COMPILATION OF INFORMATION.—The in- nizations and providers related to mental fairs: formation compiled as a result of the surveys health disorders. (i) Not less than 10 medical centers of the required by paragraph (1) shall be included in (E) Such other matters as the Secretary Department. the annual report required by subsection considers appropriate. (ii) Not less than 10 clinics of the Depart- (e)(1). (6) INSTRUCTORS.— ment. (A) TRAINING.—Each instructor of the (e) REPORTS.— (iii) Not less than 10 Vet Centers (as de- course of education described in paragraph (1) ANNUAL REPORT.— fined in section 1712A(h) of title 38, United (5) shall maintain a level of proficiency in (A) IN GENERAL.—Not later than one year States Code). the course of education as determined by the after the date of the commencement of the (B) SOLICITATION OF APPLICATIONS.—In se- Secretary, and shall submit proof of that education program and not later than Sep- lecting locations for the education program, level of proficiency to the Secretary at such tember 30 each year thereafter until 2017, the the Secretary shall solicit applications from time and in such manner as the Secretary Secretary shall submit to the Committee on eligible facilities of the Department that are determines appropriate. Veterans’ Affairs of the Senate and the Com- interested in carrying out the education pro- (B) INDIVIDUALS WHO HAVE COMPLETED THE mittee on Veterans’ Affairs of the House of gram. COURSE AS INSTRUCTORS.—Commencing as of Representatives a report on the education (C) CONSIDERATIONS.—In selecting loca- the date that is two years after the date of tions for the education program, the Sec- program and the peer support program. the commencement of the education pro- (B) ELEMENTS.—Each report submitted retary shall consider the feasibility and ad- gram, any individual who has successfully visability of selecting locations in the fol- under subparagraph (A) shall include the fol- completed the course of education described lowing: lowing areas: in paragraph (5) and has successfully com- (i) Rural areas. (i) The number of individuals that partici- pleted such additional training as is required pated in the course of education described in (ii) Areas that are not in close proximity for instructors pursuant to subparagraph (A) to an active duty installation. subsection (b)(5) during the year preceding may act as an instructor in the course of the submission of the report. (iii) Areas in different geographic loca- education. (ii) The number of individuals that partici- tions. (c) PEER SUPPORT PROGRAM.— pated in the peer support program during the (D) EXPANSION OF LOCATIONS.—Not later (1) IN GENERAL.—Under the peer support than two years after the date of the com- program, the Secretary shall provide peer year preceding the submission of the report. mencement of the education program, the support to family members and caregivers of (iii) A detailed analysis of the surveys con- Secretary shall expand the number of facili- eligible veterans on matters relating to cop- ducted under subsection (d) with respect to ties at which the Secretary is carrying out ing with mental health disorders in veterans. the individuals described in clause (i) and the education program to include the fol- (2) LOCATIONS.—The Secretary shall pro- (ii). lowing: vide peer support under the peer support pro- (iv) The degree to which veterans and fam- (i) Not less than 10 additional medical cen- gram at each location at which the Sec- ily members and caregivers of veterans are ters of the Department. retary provides education under the edu- aware of the eligibility requirements for en- (ii) Not less than 10 additional clinics of cation program. rollment in the education program and the the Department. (3) ELEMENTS.—Peer support under the peer peer support program. (iii) Not less than 10 additional Vet Cen- support program shall consist of meetings in (v) Any plans for expansion of the edu- ters. group settings between a peer support coor- cation program and the peer support pro- (4) CONTRACTS.— dinator under paragraph (4) and family mem- gram. (A) IN GENERAL.—In carrying out the edu- bers and caregivers of eligible veterans on (vi) The interim findings and conclusions cation program, the Secretary shall enter matters relating to coping with mental of the Secretary with respect to the success into contracts with qualified entities de- health disorders in veterans. At each loca- of the education program and the peer sup- scribed in subparagraph (B) to offer the tion, those meetings shall be conducted not port program. course of education described in paragraph less often than twice each calendar quarter. (2) FINAL REPORT.— (5) to family members and caregivers of eli- (4) PEER SUPPORT COORDINATOR.— (A) IN GENERAL.—Not later than one year gible veterans and covered veterans. (A) IN GENERAL.—The Secretary, acting after the completion of the education pro- (B) QUALIFIED ENTITY DESCRIBED.—A quali- through the director of each participating fa- gram, the Secretary shall submit to the fied entity described in this subparagraph is cility, may select an individual who has suc- Committee on Veterans’ Affairs of the Sen- a non-profit entity with experience in men- cessfully completed the course of education ate and the Committee on Veterans’ Affairs tal health education and outreach, including described in subsection (b)(5) to serve as a of the House of Representatives a report on work with children, teens, and young adults, peer support coordinator for each such facil- the feasibility and advisability of continuing that— ity to carry out the peer support program. the education program and the peer support (i) uses high quality, relevant, and age-ap- (B) PROFICIENCY OF INSTRUCTORS.—Each program. propriate information in educational pro- peer support coordinator shall maintain a (B) ELEMENTS.—The report submitted gramming, materials, and coursework, in- level of proficiency in peer support as deter- under subparagraph (A) shall include the fol- cluding such programming, materials, and mined by the Secretary, and shall submit lowing: coursework for children, teens, and young proof of that level of proficiency to the Sec- (i) A detailed analysis of the surveys con- adults; and retary at such time and in such manner as ducted under subsection (d). (ii) works with agencies, departments, non- the Secretary determines appropriate. (ii) The feasibility and advisability of con- profit mental health organizations, early (d) SURVEYS.— tinuing the education program without en- childhood educators, and mental health pro- (1) IN GENERAL.—The Secretary shall con- tering into contracts for the course of edu- viders to develop educational programming, duct a comprehensive and statistically sig- cation described in subsection (b)(5) and in- materials, and coursework. nificant survey of the satisfaction of individ- stead using peer support coordinators se- (C) PRIORITY.—In entering into contracts uals that have participated in the course of lected under subsection (c)(4) as instructors under this paragraph, the Secretary shall education described in subsection (b)(5) and of the course of education. give priority to qualified entities that, to the individuals that have participated in the (iii) The feasibility and advisability of ex- maximum extent practicable, use Internet peer support program that includes the fol- panding the education program and the peer technology for the delivery of course content lowing: support program.

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SEC. 343. REPORT ON PROVISION OF MENTAL (4) by adding at the end the following new (f) VOLUNTARY PARTICIPATION.—The par- HEALTH SERVICES FOR FAMILIES paragraph: ticipation of a veteran in the pilot program OF CERTAIN VETERANS AT FACILI- ‘‘(3) In addition to the dental services, shall be at the election of the veteran. TIES OF THE DEPARTMENT. treatment, and appliances authorized to be (g) LIMITATION ON AMOUNT OF SERVICES.— Not later than one year after the date of furnished by paragraph (2), the Secretary (1) IN GENERAL.—The total amount the Sec- the enactment of this Act, the Secretary of may furnish dental services and treatment, retary may expend furnishing dental services Veterans Affairs shall submit to the Com- and dental appliances, needed to restore and treatment to a veteran participating in mittee on Veterans’ Affairs of the Senate functioning in a veteran that is lost as a re- the pilot program during any one-year period and the Committee on Veterans’ Affairs of sult of any services or treatment furnished may not exceed such amount as the Sec- the House of Representatives a report on the under this subsection.’’. retary determines appropriate. The amount feasibility and advisability of providing serv- (b) EFFECTIVE DATE.—The amendments so determined may not be less than $1,000. ices under the program established by sec- made by subsection (a) shall take effect on (2) CONSULTATION.—The Secretary shall tion 304(a) of the Caregivers and Veterans the date that is one year after the date of the make the determination under paragraph Omnibus Health Services Act of 2010 (Public enactment of this Act. (1)— Law 111–163; 38 U.S.C. 1712A note) at medical (A) in consultation with the Director of facilities of the Department of Veterans Af- SEC. 352. PILOT PROGRAM ON EXPANSION OF the Indian Health Service; and fairs. FURNISHING OF DENTAL CARE TO ALL ENROLLED VETERANS. (B) in consultation with the Director of the SEC. 344. ANNUAL REPORT ON COMMUNITY MEN- Health Resources and Services Administra- (a) PILOT PROGRAM REQUIRED.—Com- TAL HEALTH PARTNERSHIP PILOT tion of the Department of Health and Human mencing not later than 540 days after the PROGRAM. Services if one or more Federally Qualified date of the enactment of this Act, the Sec- (a) IN GENERAL.—Not later than one year Health Center is selected as a location for retary of Veterans Affairs shall carry out a after the date of the enactment of this Act the pilot program under subsection (c)(1)(D). pilot program to assess the feasibility and and not later than September 30 each year (h) COPAYMENTS.—The Secretary may col- thereafter until the completion of the pilot advisability of furnishing dental care to vet- lect copayments for dental services and program described in subsection (b), the Sec- erans enrolled in the system of patient en- treatment furnished under the pilot program retary of Veterans Affairs shall submit to rollment under section 1705 of title 38, in accordance with authorities on the collec- the Committee on Veterans’ Affairs of the United States Code, who are not eligible for tion of copayments for medical care of vet- Senate and the Committee on Veterans’ Af- dental services and treatment, and related erans under chapter 17 of title 38, United fairs of the House of Representatives a re- dental appliances, under current authorities. States Code. port on that pilot program. (b) DURATION OF PILOT PROGRAM.—The (i) PROGRAM ADMINISTRATION.— (b) PILOT PROGRAM DESCRIBED.—The pilot pilot program shall be carried out during the (1) NOTICE TO ELIGIBLE VETERANS ON PILOT program described in this subsection is the three-year period beginning on the date of PROGRAM.—In carrying out the pilot pro- pilot program conducted by the Veterans the commencement of the pilot program. gram, the Secretary shall inform all vet- Health Administration to connect medical (c) LOCATIONS.— erans eligible to participate in the pilot pro- centers of the Department of Veterans Af- (1) IN GENERAL.—The Secretary shall carry gram of the services and treatment available fairs with community-based mental health out the pilot program at not fewer than 16 under the pilot program. care providers and substance abuse treat- locations as follows: (2) CONTRACTS.—In carrying out the pilot ment providers for the purpose of assisting (A) Four Department of Veterans Affairs program, the Secretary may enter into con- in the treatment of veterans with mental medical centers with an established dental tracts with appropriate entities for the pro- health disorders, commonly known as the clinic. vision of dental services and treatment ‘‘Community Mental Health Partnership (B) Four Department medical centers with under the pilot program. Each such contract Pilot’’. a current contract for the furnishing of den- shall specify performance standards and (c) ELEMENTS.—Each report submitted tal care. metrics and processes for ensuring compli- under subsection (a) shall include the fol- (C) Four Community-Based Outpatient ance of the contractor concerned with such lowing: Clinics (CBOCs) with space available for the performance standards. (1) The number of sites participating in the furnishing of services and treatment under (j) REPORTS.— pilot program. the pilot program. (1) PRELIMINARY REPORTS.— (2) The number of individuals participating (D) Four facilities selected from among (A) IN GENERAL.—Not later than each of 540 in the pilot program at each site. Federally Qualified Health Centers (FQHCs) days and three years after the date of the (3) A detailed assessment of the effective- and Indian Health Service facilities with es- commencement of the pilot program, the ness of, the participation of veterans in, and tablished dental clinics, of which— Secretary shall submit to the Committee on the satisfaction of veterans with the pilot (i) at least one facility shall be such an In- Veterans’ Affairs of the Senate and the Com- program. dian Health Service facility; and mittee on Veterans’ Affairs of the House of (4) An analysis of barriers to the effective- (ii) any Indian Health Service facility so Representatives a report on the pilot pro- ness of, the participation of veterans in, and selected shall be selected in consultation gram. the satisfaction of veterans with the pilot with the Secretary of Health and Human (B) CONTENTS.—Each report under subpara- program. Services. graph (A) shall include the following: (5) A description of the plans of the Sec- (2) CONSIDERATIONS.—In selecting locations (i) A description of the implementation retary to conduct outreach and provide in- for the pilot program, the Secretary shall and operation of the pilot program. formation to veterans and community men- consider the feasibility and advisability of (ii) The number of veterans receiving serv- tal health providers with respect to the pilot selecting locations in each of the following: ices and treatment under the pilot program, program. (A) Rural areas. and a description of the dental services and (6) A description of any plans to expand the (B) Areas that are not in close proximity treatment furnished to such veterans. pilot program, including plans that focus on to an active duty military installation. (iii) An analysis of the costs and benefits of the unique needs of veterans located in rural (C) Areas representing different geographic the pilot program, including a comparison of areas. locations, such as census tracts established costs and benefits by location type. (7) An explanation of how the care provided by the Bureau of Census. (iv) An assessment of the impact of the under the pilot program is consistent with (d) LIMITATION ON NUMBER OF PARTICI- pilot program on medical care, wellness, em- the minimum clinical mental health guide- PATING VETERANS.— ployability, and perceived quality of life of lines promulgated by the Veterans Health (1) IN GENERAL.—The total number of eligi- veterans. Administration, including clinical guidelines ble veterans who may participate in the pilot (v) The current findings and conclusions of contained in the Uniform Mental Health program may not exceed 30,000. the Secretary with respect to the pilot pro- Services Handbook of such Administration. (2) DISTRIBUTION OF LIMITATION.—In apply- gram. Subtitle E—Dental Care Eligibility Expansion ing the limitation in paragraph (1) to the (vi) Such recommendations for the con- and Enhancement pilot program, the Secretary shall distribute tinuation or expansion of the pilot program SEC. 351. RESTORATIVE DENTAL SERVICES FOR the limitation across and among locations as the Secretary considers appropriate. VETERANS. selected for the pilot program in a manner (2) FINAL REPORT.— (a) IN GENERAL.—Section 1710(c) is amend- that takes appropriate account of the size (A) IN GENERAL.—Not later than 180 days ed— and need of veterans for dental services at after the completion of the pilot program, (1) in the second sentence— each such location. the Secretary shall submit to the Committee (A) by redesignating subparagraphs (A) and (e) SCOPE OF SERVICES.—The dental serv- on Veterans’ Affairs of the Senate and the (B) as clauses (i) and (ii), respectively; and ices and treatment furnished to veterans Committee on Veterans’ Affairs of the House (B) by redesignating paragraphs (1) and (2) under the pilot program shall be consistent of Representatives a report on the pilot pro- as subparagraphs (A) and (B), respectively; with the dental services and treatment fur- gram. (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; nished by the Secretary to veterans with (B) CONTENTS.—The report under subpara- (3) by striking ‘‘The Secretary’’ and insert- service-connected disabilities rated 100 per- graph (A) shall include the following: ing the following: cent disabling under the laws administered (i) The findings and conclusions of the Sec- ‘‘(2) The Secretary’’; and by the Secretary. retary with respect to the pilot program.

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1066 CONGRESSIONAL RECORD — SENATE February 25, 2014 (ii) Such recommendations for the continu- gram established by section 17.169 of title 38, (A) by striking ‘‘a veteran’’ and inserting ation or expansion of the pilot program as Code of Federal Regulations, to establish a ‘‘an individual’’; and the Secretary considers appropriate. mechanism by which private sector dental (B) by striking ‘‘that veteran’’ each place (k) FEDERALLY QUALIFIED HEALTH CENTER care providers shall forward to the Depart- it appears and inserting ‘‘that individual’’. DEFINED.—In this section the term ‘‘Feder- ment of Veterans Affairs information on den- (b) INFORMATION TO MEMBERS ON AVAIL- ally Qualified Health Center’’ means a Fed- tal care furnished to individuals under the ABILITY OF COUNSELING AND SERVICES.—Sub- erally-qualified health center as defined in pilot program for inclusion in the electronic section (c) of such section is amended— section 1905(l)(2)(B) of the Social Security medical records of the Department with re- (1) by striking ‘‘to veterans’’ each place it Act (42 U.S.C. 1396d(l)(2)(B)). spect to such individuals. appears; and (l) EFFECTIVE DATE.—This section shall (b) CONSTRUCTION WITH CURRENT PILOT (2) in paragraph (3), by inserting ‘‘members take effect on the date that is one year after PROGRAM REQUIREMENTS.— of the Armed Forces and’’ before ‘‘individ- the date of the enactment of this Act. (1) IN GENERAL.—Nothing in this section uals’’. SEC. 353. PROGRAM ON EDUCATION TO PROMOTE shall be construed to revise eligibility for (c) INCLUSION OF MEMBERS IN REPORTS ON DENTAL HEALTH IN VETERANS. participation in, or the locations of, the pilot COUNSELING AND SERVICES.—Subsection (e) of (a) PROGRAM REQUIRED.— program referred to in subsection (a). such section is amended— (1) IN GENERAL.—The Secretary of Veterans (2) DURATION.—The Secretary may con- (1) in the matter preceding paragraph (1), Affairs shall carry out a program of edu- tinue the pilot program for two years in ad- by striking ‘‘to veterans’’; cation to promote dental health for veterans dition to the duration otherwise provided for (2) in paragraph (2)— who are enrolled in the system of patient en- the pilot program in section 17.169 of title 38, (A) by striking ‘‘women veterans’’ and in- rollment of the Department of Veterans Af- Code of Federal Regulations, if the Secretary serting ‘‘individuals’’; and fairs under section 1705 of title 38, United determines that the continuation is needed (B) by striking ‘‘training under subsection States Code. to assess the mechanism required by sub- (d).’’ and inserting ‘‘training under sub- (2) CONSTRUCTION.—Nothing in the program section (a). section (d), disaggregated by— ‘‘(A) veterans; shall be deemed to alter or revise the eligi- (3) VOLUNTARY PARTICIPATION IN MECHA- ‘‘(B) members of the Armed Forces (includ- bility of any veteran for dental care under NISM.—The participation in the mechanism ing members of the National Guard and Re- the laws administered by the Secretary. required by subsection (a) of an individual serves) on active duty; and (b) ELEMENTS.—The program required by otherwise participating in the pilot program ‘‘(C) for each of subparagraphs (A) and subsection (a) shall provide education for shall be at the election of the individual. (B)— veterans on the following: (c) INCLUSION OF INFORMATION ON MECHA- ‘‘(i) men; and (1) The association between dental health NISM IN REPORTS.—Each report to Congress and overall health and well-being. on the pilot program after the date of the ‘‘(ii) women.’’; (2) Proper techniques for dental care. commencement of the mechanism required (3) in paragraph (4), by striking ‘‘veterans’’ and inserting ‘‘individuals’’; and (3) Signs and symptoms of commonly oc- by subsection (a) shall include information (4) in paragraph (5)— curring dental conditions. on the mechanism, including a current as- (A) by striking ‘‘women veterans’’ and in- (4) Treatment options for commonly occur- sessment of the feasability and advisability serting ‘‘individuals’’ ; and ring dental issues. of using the mechanism to include informa- (B) by inserting ‘‘, including specific rec- (5) Options for obtaining access to dental tion on dental care furnished individuals in ommendations for individuals specified in care, including information on eligibility for the electronic medical records of the Depart- subparagraphs (A), (B), and (C) of paragraph dental care through the Department and on ment with respect to such individuals. (2)’’ before the period at the end. purchasing private dental insurance. (d) EFFECTIVE DATE.—This section shall (d) EFFECTIVE DATE.—The amendments (6) Available and accessible options for ob- take effect on the date that is one year after made by this section shall take effect on the taining low or no-cost dental care, including the date of the enactment of this Act. date that is one year after the date of the en- through dental schools and Federally Quali- SEC. 355. AUTHORIZATION OF APPROPRIATIONS. actment of this Act. fied Health Centers (FQHCs). There is authorized to be appropriated for SEC. 363. DEPARTMENT OF VETERANS AFFAIRS (7) Such other matters relating to dental the Department of Veterans Affairs for fiscal SCREENING MECHANISM TO DETECT health as the Secretary considers appro- year 2015 $305,000,000 to carry out this sub- INCIDENTS OF DOMESTIC ABUSE. priate. title and the amendments made by this sub- (a) IN GENERAL.—Not later than two years (c) DELIVERY OF EDUCATIONAL MATE- title. The amount so authorized to be appro- after the date of the enactment of this Act, RIALS.— priated shall be available for obligation for the Secretary of Veterans Affairs shall de- (1) IN GENERAL.—The Secretary shall pro- the five-year period beginning on the date velop and implement a screening mechanism vide educational materials to veterans under that is one year after the date of the enact- to be used when a veteran seeks healthcare the program required by subsection (a) ment of this Act. services from the Department of Veterans through a variety of mechanisms, including Subtitle F—Health Care Related to Sexual Affairs to detect if the veteran has been a the following: Trauma victim of domestic abuse for purposes of im- (A) The availability and distribution of proving the treatment of the veteran and as- SEC. 361. EXPANSION OF ELIGIBILITY FOR SEX- print materials at Department facilities (in- UAL TRAUMA COUNSELING AND sessing the prevalence of domestic abuse in cluding at medical centers, clinics, Vet Cen- TREATMENT TO VETERANS ON INAC- the veteran population. ters, and readjustment counseling centers) TIVE DUTY TRAINING. (b) READILY AVAILABLE SCREENING TOOLS.— and to providers (including members of Pa- Section 1720D(a)(1) is amended by striking In developing and implementing a screening tient Aligned Care Teams). ‘‘or active duty for training’’ and inserting mechanism under subsection (a), the Sec- (B) The availability and distribution of ‘‘, active duty for training, or inactive duty retary may incorporate into the screening materials over the Internet, including training’’. mechanism such readily available screening tools as the Secretary considers appropriate through webinars and My Health eVet. SEC. 362. PROVISION OF COUNSELING AND (C) Presentations of information, including TREATMENT FOR SEXUAL TRAUMA for the screening mechanism. both small group and large group presen- BY THE DEPARTMENT OF VETERANS (c) DOMESTIC ABUSE DEFINED.—In this sec- tations. AFFAIRS TO MEMBERS OF THE tion, the term ‘‘domestic abuse’’ means be- havior with respect to an individual that— (2) SELECTION OF MECHANISMS.—In selecting ARMED FORCES. mechanisms for purposes of this subsection, (a) EXPANSION OF COVERAGE TO MEMBERS OF (1) constitutes— the Secretary shall select mechanisms de- THE ARMED FORCES.—Subsection (a) of sec- (A) a pattern of behavior resulting in phys- signed to maximize the number of veterans tion 1720D is amended— ical or emotional abuse, economic control, who receive education under the program. (1) by redesignating paragraph (2) as para- or interference with the personal liberty of (d) FEDERALLY QUALIFIED HEALTH CENTER graph (3); that individual; DEFINED.—In this section the term ‘‘Feder- (2) by inserting after paragraph (1) the fol- (B) a violation of Federal or State law in- ally Qualified Health Center’’ means a Fed- lowing new paragraph (2): volving the use, attempted use, or threat- erally-qualified health center as defined in ‘‘(2)(A) In operating the program required ened use of force or violence against that in- section 1905(l)(2)(B) of the Social Security by paragraph (1), the Secretary may, in con- dividual; or Act (42 U.S.C. 1396d(l)(2)(B)). sultation with the Secretary of Defense, pro- (C) a violation of a lawful order issued for (e) EFFECTIVE DATE.—This section shall vide counseling and care and services to the protection of that individual; and take effect on the date that is one year after members of the Armed Forces (including (2) is committed by a person who— the date of the enactment of this Act. members of the National Guard and Re- (A) is a current or former spouse or domes- SEC. 354. INFORMATION ON DENTAL SERVICES serves) on active duty to overcome psycho- tic partner of that individual; FOR INCLUSION IN ELECTRONIC logical trauma described in that paragraph. (B) shares a child in common with that in- MEDICAL RECORDS UNDER DENTAL ‘‘(B) A member described in subparagraph dividual; INSURANCE PILOT PROGRAM. (A) shall not be required to obtain a referral (C) is a current or former intimate partner (a) IN GENERAL.—Commencing not later before receiving counseling and care and of that individual that shares or has shared than 540 days after the date of the enactment services under this paragraph.’’; and a common domicile with that individual; of this Act, the Secretary of Veterans Affairs (3) in paragraph (3), as redesignated by (D) is a caregiver or family caregiver of shall expand the dental insurance pilot pro- paragraph (1)— that individual (as such terms are defined in

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1067 section 1720G(d) of title 38, United States (B) the Committee on Veterans’ Affairs ‘‘1788. Reproductive treatment and care for Code); or and the Committee on Armed Services of the spouses and surrogates of vet- (E) is in any other type of relationship House of Representatives. erans.’’. with that individual that the Secretary may (2) DOMESTIC ABUSE.—The term ‘‘domestic SEC. 373. ADOPTION ASSISTANCE FOR SEVERELY specify for purposes of this section. abuse’’ has the meaning given that term in WOUNDED VETERANS. SEC. 364. REPORTS ON MILITARY SEXUAL TRAU- section 363(c) of this Act. (a) IN GENERAL.—Subchapter VIII of chap- MA AND DOMESTIC ABUSE. (3) MILITARY SEXUAL TRAUMA.—The term ter 17, as amended by section 372(a) of this (a) REPORT ON SERVICES AVAILABLE FOR ‘‘military sexual trauma’’ means psycho- Act, is further amended by adding at the end MILITARY SEXUAL TRAUMA IN THE DEPART- logical trauma, which in the judgment of a the following new section: MENT OF VETERANS AFFAIRS.—Not later than mental health professional employed by the 630 days after the date of the enactment of Department, resulted from a physical assault ‘‘§ 1789. Adoption assistance this Act, the Secretary of Veterans Affairs of a sexual nature, battery of a sexual na- ‘‘(a) IN GENERAL.—The Secretary may pay shall submit to the Committee on Veterans’ ture, or sexual harassment which occurred an amount, not to exceed the limitation Affairs of the Senate and the Committee on while the veteran was serving on active duty amount, to assist a covered veteran in the Veterans’ Affairs of the House of Representa- or active duty for training. adoption of one or more children. tives a report on the treatment and services (4) SEXUAL HARASSMENT.—The term ‘‘sex- ‘‘(b) COVERED VETERAN.—For purposes of available from the Department of Veterans ual harassment’’ means repeated, unsolicited this section, a covered veteran is any se- Affairs for male veterans who experience verbal or physical contact of a sexual nature verely wounded, ill, or injured veteran who— military sexual trauma compared to such which is threatening in character. ‘‘(1) has an infertility condition incurred or treatment and services available to female (5) SEXUAL TRAUMA.—The term ‘‘sexual aggravated in line of duty in the active mili- veterans who experience military sexual trauma’’ shall have the meaning given that tary, naval, or air service; and trauma. term by the Secretary of Veterans Affairs for ‘‘(2) is enrolled in the system of annual pa- (b) REPORT ON DOMESTIC ABUSE AMONG purposes of this section. tient enrollment established under section VETERANS.—Not later than two years after (e) EFFECTIVE DATE.—This section shall 1705(a) of this title. the implementation of the screening mecha- take effect on the date that is 270 days after nism required by section 363(a) of this Act, ‘‘(c) LIMITATION AMOUNT.—For purposes of the date of the enactment of this Act. the Secretary of Veterans Affairs and the this section, the limitation amount is the Secretary of Health and Human Services, Subtitle G—Reproductive Treatment and amount equal to the lesser of— acting through the Director of the Centers Services ‘‘(1) the cost the Department would incur if for Disease Control and Prevention, shall SEC. 371. CLARIFICATION THAT FERTILITY COUN- the Secretary were to provide a covered vet- jointly submit to the Committee on Vet- SELING AND TREATMENT ARE MED- eran with one cycle of fertility treatment erans’ Affairs of the Senate and the Com- ICAL SERVICES WHICH THE SEC- through the use of assisted reproductive mittee on Veterans’ Affairs of the House of RETARY MAY FURNISH TO VET- technology under section 1788 of this title, as Representatives a report on domestic abuse ERANS LIKE OTHER MEDICAL SERV- determined by the Secretary; or ICES. among veterans that includes the following: ‘‘(2) the cost the Department would incur Section 1701(6), as amended by section (1) A summary of the types, outcomes, and by paying the expenses of three adoptions by 305(b)(1) of this Act, is further amended by circumstances of incidents of domestic abuse covered veterans, as determined by the Sec- adding at the end the following new subpara- that have been reported by veterans during retary. graph: the two-year period preceding the submis- ‘‘(d) ASSISTED REPRODUCTIVE TECHNOLOGY ‘‘(I) Fertility counseling and treatment, in- sion of the report. DEFINED.—In this section, the term ‘assisted cluding treatment using assisted reproduc- (2) A summary of the treatments available reproductive technology’ has the meaning tive technology.’’. from the Department of Veterans Affairs for given that term in section 1788 of this title.’’. SEC. 372. REPRODUCTIVE TREATMENT AND CARE veterans who experience domestic abuse and (b) CLERICAL AMENDMENT.—The table of FOR SPOUSES AND SURROGATES OF an assessment of the effectiveness of those VETERANS. sections at the beginning of chapter 17, as treatments. (a) IN GENERAL.—Subchapter VIII of chap- amended by section 372(b) of this Act, is fur- (3) Data and analysis on any correlation ter 17 is amended by adding at the end the ther amended by inserting after the item re- between an incident of military sexual trau- following new section: lating to section 1788 the following new item: ma or sexual trauma experienced after the ‘‘1789. Adoption assistance.’’. age of 18 and domestic abuse. ‘‘§ 1788. Reproductive treatment and care for (4) Any other issues that the Secretary of spouses and surrogates of veterans SEC. 374. REGULATIONS ON FURNISHING OF FER- TILITY COUNSELING AND TREAT- Veterans Affairs or the Director of the Cen- ‘‘(a) IN GENERAL.—The Secretary shall fur- nish fertility counseling and treatment, in- MENT AND ADOPTION ASSISTANCE ters for Disease Control and Prevention de- BY DEPARTMENT OF VETERANS AF- termines appropriate. cluding through the use of assisted reproduc- FAIRS. (c) REPORTS ON TRANSITION OF MILITARY tive technology, to a spouse or surrogate of (a) IN GENERAL.—Not later than 540 days a severely wounded, ill, or injured veteran SEXUAL TRAUMA AND DOMESTIC ABUSE TREAT- after the date of the enactment of this Act, MENT FROM DEPARTMENT OF DEFENSE TO DE- who has an infertility condition incurred or the Secretary of Veterans Affairs shall pre- PARTMENT OF VETERANS AFFAIRS.—Not later aggravated in line of duty in the active mili- scribe regulations— than 630 days after the date of the enactment tary, naval, or air service and who is en- (1) on the furnishing of fertility treatment of this Act, and annually thereafter for five rolled in the system of annual patient enroll- to veterans using assisted reproductive tech- years, the Department of Veterans Affairs- ment established under section 1705(a) of this nology; Department of Defense Joint Executive Com- title if the spouse or surrogate and the vet- (2) to carry out section 1788 of title 38, mittee established by section 320(a) of title eran apply jointly for such counseling and United States Code, as added by section 372 38, United States Code, shall submit to the treatment through a process prescribed by of this Act; and appropriate committees of Congress a report the Secretary. (3) to carry out section 1789 of such title, as on military sexual trauma and domestic ‘‘(b) COORDINATION OF CARE FOR OTHER added by section 373 of this Act. abuse that includes the following: SPOUSES AND SURROGATES.—In the case of a (1) The processes and procedures utilized spouse or surrogate of a veteran not de- (b) LIMITATION.—Notwithstanding any by the Department of Veterans Affairs and scribed in subsection (a) who is seeking fer- other provision of law, during the period be- the Department of Defense to facilitate tran- tility counseling and treatment, the Sec- ginning on the date of the enactment of this sition of treatment of individuals who have retary may coordinate fertility counseling Act and ending on the date on which the Sec- experienced military sexual trauma or do- and treatment for such spouse or surrogate. retary prescribes regulations under sub- mestic abuse from treatment provided by the ‘‘(c) CONSTRUCTION.—Nothing in this sec- section (a), the Secretary may not furnish— Department of Defense to treatment pro- tion shall be construed to require the Sec- (1) to a veteran any fertility treatment vided by the Department of Veterans Affairs. retary— that uses an assisted reproductive tech- (2) A description and assessment of the col- ‘‘(1) to find or certify a surrogate for a vet- nology that the Secretary has not used in laboration between the Department of Vet- eran or to connect a surrogate with a vet- the provision of a fertility treatment to a erans Affairs and the Department of Defense eran; or veteran before the date of the enactment of in assisting veterans in filing claims for dis- ‘‘(2) to furnish maternity care to a spouse this Act; abilities related to military sexual trauma or surrogate of a veteran. (2) any fertility counseling or treatment or domestic abuse, including permitting vet- ‘‘(d) ASSISTED REPRODUCTIVE TECHNOLOGY under section 1788 of such title, as added by erans access to information and evidence DEFINED.—In this section, the term ‘assisted section 372 of this Act; or necessary to develop or support such claims. reproductive technology’ includes in vitro (3) any assistance under section 1789 of (d) DEFINITIONS.—In this section: fertilization and other fertility treatments such title, as added by section 373 of this (1) APPROPRIATE COMMITTEES OF CON- in which both eggs and sperm are handled Act. GRESS.—The term ‘‘appropriate committees when clinically appropriate.’’. (c) ASSISTED REPRODUCTIVE TECHNOLOGY of Congress’’ means— (b) CLERICAL AMENDMENT.—The table of DEFINED.—In this section, the term ‘‘assisted (A) the Committee on Veterans’ Affairs sections at the beginning of chapter 17 is reproductive technology’’ has the meaning and the Committee on Armed Services of the amended by inserting after the item relating given the term in section 1788 of such title, Senate; and to section 1787 the following new item: as added by section 372 of this Act.

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1068 CONGRESSIONAL RECORD — SENATE February 25, 2014 SEC. 375. COORDINATION BETWEEN DEPART- assisted reproductive technology, the aver- ‘‘1709B. Assistance for child care for certain MENT OF VETERANS AFFAIRS AND age number of cycles per person furnished. veterans receiving health DEPARTMENT OF DEFENSE ON FUR- (6) A description of how fertility coun- care.’’. NISHING OF FERTILITY COUN- seling and treatment services of the Depart- (3) CONFORMING AMENDMENT.—Section SELING AND TREATMENT. The Secretary of Veterans Affairs and the ment are coordinated with similar services 205(e) of the Caregivers and Veterans Omni- Secretary of Defense shall share best prac- of the Department of Defense. bus Health Services Act of 2010 (Public Law tices and facilitate referrals, as they con- SEC. 378. PROGRAM ON ASSISTANCE FOR CHILD 111–163; 38 U.S.C. 1710 note) is amended by in- sider appropriate, on the furnishing of fer- CARE FOR CERTAIN VETERANS. serting ‘‘but not after the date of the enact- tility counseling and treatment. (a) ASSISTANCE FOR CHILD CARE FOR CER- ment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay SEC. 376. FACILITATION OF REPRODUCTION AND TAIN VETERANS RECEIVING HEALTH CARE.— INFERTILITY RESEARCH. (1) IN GENERAL.—Subchapter I of chapter 17 Restoration Act of 2014’’ before the period at (a) IN GENERAL.—Subchapter II of chapter is amended by adding at the end the fol- the end. 73, as amended by section 325(a) of this Act, lowing new section: (b) ASSISTANCE FOR CHILD CARE FOR INDI- VIDUALS RECEIVING READJUSTMENT COUN- is further amended by adding at the end the ‘‘§ 1709B. Assistance for child care for certain following new section: SELING AND RELATED MENTAL HEALTH SERV- veterans receiving health care ICES.— ‘‘§ 7330C. Facilitation of reproduction and in- ‘‘(a) PROGRAM REQUIRED.—The Secretary (1) IN GENERAL.—Subchapter I of chapter fertility research shall carry out a program to provide, subject 17, as amended by subsection (a)(1) of this ‘‘(a) FACILITATION OF RESEARCH RE- to subsection (b), assistance to qualified vet- section, is further amended by adding at the QUIRED.—The Secretary shall facilitate re- erans described in subsection (c) to obtain end the following new section: search conducted collaboratively by the Sec- child care so that such veterans can receive ‘‘§ 1709C. Assistance for child care for individ- retary of Defense and the Secretary of health care services described in subsection uals receiving readjustment counseling and Health and Human Services to improve the (c). related mental health services ability of the Department of Veterans Af- ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.— ‘‘(a) PROGRAM REQUIRED.—The Secretary fairs to meet the long-term reproductive Assistance may only be provided to a quali- health care needs of veterans who have a shall carry out a program to provide, subject fied veteran under this section for receipt of to subsection (b), assistance to qualified in- genitourinary service-connected disability or child care during the period that the quali- a condition that was incurred or aggravated dividuals described in subsection (c) to ob- fied veteran— tain child care so that such individuals can in line of duty in the active military, naval, ‘‘(1) receives health care services described or air service, such as a spinal cord injury, receive readjustment counseling and related in subsection (c) at a facility of the Depart- mental health services. that affects the veterans’ ability to repro- ment; and ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.— duce. ‘‘(2) requires travel to and from such facil- ‘‘(b) DISSEMINATION OF INFORMATION.—The Assistance may only be provided to a quali- ity for the receipt of such health care serv- fied individual under this section for receipt Secretary shall ensure that information pro- ices. duced by the research facilitated under this of child care during the period that the ‘‘(c) QUALIFIED VETERANS.—For purposes of section that may be useful for other activi- qualified individual receives readjustment this section, a qualified veteran is a veteran ties of the Veterans Health Administration counseling and related health care services who is— is disseminated throughout the Veterans at a Vet Center. ‘‘(1) the primary caretaker of a child or Health Administration.’’. ‘‘(c) QUALIFIED INDIVIDUALS.—For purposes children; and (b) CLERICAL AMENDMENT.—The table of of this section, a qualified individual is an ‘‘(2)(A) receiving from the Department— sections at the beginning of chapter 73, as individual who is— ‘‘(i) regular mental health care services; amended by section 325(b) of this Act, is fur- ‘‘(1) the primary caretaker of a child or ‘‘(ii) intensive mental health care services; ther amended by inserting after the item re- children; and or lating to section 7330B the following new ‘‘(2)(A) receiving from the Department reg- ‘‘(iii) such other intensive health care serv- item: ular readjustment counseling and related ices that the Secretary determines that pro- ‘‘7330C. Facilitation of reproduction and in- mental health services; or vision of assistance to the veteran to obtain ‘‘(B) in need of readjustment counseling fertility research.’’. child care would improve access to such (c) REPORT.—Not later than three years and related mental health services from the health care services by the veteran; or after the date of the enactment of this Act, Department, and but for lack of child care ‘‘(B) in need of regular or intensive mental the Secretary of Veterans Affairs shall sub- services, would receive such counseling and health care services from the Department, mit to Congress a report on the research ac- services from the Department. and but for lack of child care services, would tivities conducted by the Secretary under ‘‘(d) LOCATIONS.—The Secretary shall carry receive such health care services from the section 7330C of title 38, United States Code, out the program under this section in no Department. as added by subsection (a). fewer than three Readjustment Counseling ‘‘(d) LOCATIONS.—The Secretary shall carry Service Regions selected by the Secretary SEC. 377. ANNUAL REPORT ON PROVISION OF out the program in no fewer than three Vet- FERTILITY COUNSELING AND for purposes of the program. TREATMENT FURNISHED BY DE- erans Integrated Service Networks selected ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) PARTMENT OF VETERANS AFFAIRS. by the Secretary for purposes of the pro- Child care assistance under this section may (a) IN GENERAL.—Not later than one year gram. include the following: after the date of the enactment of this Act ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) ‘‘(A) Stipends for the payment of child care and not less frequently than annually there- Child care assistance under this section may offered by licensed child care centers (either after, the Secretary of Veterans Affairs shall include the following: directly or through a voucher program) submit to the Committee on Veterans’ Af- ‘‘(A) Stipends for the payment of child care which shall be, to the extent practicable, fairs of the Senate and the Committee on offered by licensed child care centers (either modeled after the Department of Veterans Veterans’ Affairs of the House of Representa- directly or through a voucher program) Affairs Child Care Subsidy Program estab- tives a report on the fertility counseling and which shall be, to the extent practicable, lished pursuant to section 630 of the Treas- treatment furnished by the Department of modeled after the Department of Veterans ury and General Government Appropriations Veterans Affairs during the year preceding Affairs Child Care Subsidy Program estab- Act, 2002 (Public Law 107–67; 115 Stat. 552). the submittal of the report. lished pursuant to section 630 of the Treas- ‘‘(B) Payments to private child care agen- (b) ELEMENTS.—Each report submitted ury and General Government Appropriations cies. under subsection (a) shall include, for the pe- Act, 2002 (Public Law 107–67; 115 Stat. 552). ‘‘(C) Collaboration with facilities or pro- riod covered by the report, the following: ‘‘(B) Direct provision of child care at an grams of other Federal departments or agen- (1) The number of veterans who received on-site facility of the Department. cies. fertility counseling or treatment furnished ‘‘(C) Payments to private child care agen- ‘‘(D) Such other forms of assistance as the by the Department of Veterans Affairs, cies. Secretary considers appropriate. disaggregated by era of military service of ‘‘(D) Collaboration with facilities or pro- ‘‘(2) In the case that child care assistance such veterans. grams of other Federal departments or agen- under this subsection is provided as a stipend (2) The number of spouses and surrogates cies. under paragraph (1)(A), such stipend shall of veterans who received fertility counseling ‘‘(E) Such other forms of assistance as the cover the full cost of such child care. or treatment furnished by the Department. Secretary considers appropriate. ‘‘(f) VET CENTER DEFINED.—In this section, (3) The cost to the Department of fur- ‘‘(2) In the case that child care assistance the term ‘Vet Center’ means a center for re- nishing fertility counseling and treatment, under this section is provided as a stipend adjustment counseling and related mental disaggregated by cost of services and admin- under paragraph (1)(A), such stipend shall health services for individuals under section istration. cover the full cost of such child care.’’. 1712A of this title.’’. (4) The average cost to the Department per (2) CLERICAL AMENDMENT.—The table of (2) CLERICAL AMENDMENT.—The table of recipient of such counseling and treatment. sections at the beginning of chapter 17 is sections at the beginning of chapter 17, as (5) In cases in which the Department fur- amended by inserting after the item relating amended by subsection (a)(2) of this section, nished fertility treatment through the use of to section 1709A the following new item: is further amended by inserting after the

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1069 item relating to section 1709B the following (6) For a community-based outpatient clin- priations provided in advance, in exercising new item: ic, Johnson County, Kansas, an amount not the authority of the Secretary of Veterans ‘‘1709C. Assistance for child care for individ- to exceed $2,263,000. Affairs to enter into leases provided in this uals receiving readjustment (7) For a replacement community-based Act, the Secretary shall record, pursuant to outpatient clinic, Lafayette, Louisiana, an counseling and related mental section 1501 of title 31, United States Code, health services.’’. amount not to exceed $2,996,000. (8) For a community-based outpatient clin- as the full cost of the contractual obligation SEC. 379. COUNSELING IN RETREAT SETTINGS at the time a contract is executed either— FOR WOMEN VETERANS NEWLY SEP- ic, Lake Charles, Louisiana, an amount not ARATED FROM SERVICE IN THE to exceed $2,626,000. (1) an amount equal to total payments ARMED FORCES. (9) For outpatient clinic consolidation, under the full term of the lease; or (a) COUNSELING IN RETREAT SETTINGS.— New Port Richey, Florida, an amount not to (2) if the lease specifies payments to be (1) IN GENERAL.—Subchapter II of chapter exceed $11,927,000. made in the event the lease is terminated be- 17 is amended by adding at the end the fol- (10) For an outpatient clinic, Ponce, Puer- fore its full term, an amount sufficient to lowing new section: to Rico, an amount not to exceed $11,535,000. cover the first year lease payments plus the ‘‘§ 1720H. Counseling in retreat settings for (11) For lease consolidation, San Antonio, specified cancellation costs. women veterans newly separated from Texas, an amount not to exceed $19,426,000. (c) TRANSPARENCY.— (12) For a community-based outpatient service in the Armed Forces (1) COMPLIANCE.—Subsection (b) of section clinic, San Diego, California, an amount not ‘‘(a) IN GENERAL.—The Secretary shall pro- 8104 is amended by adding at the end the fol- to exceed $11,946,100. vide, through the Readjustment Counseling lowing new paragraph: (13) For an outpatient clinic, Tyler, Texas, Service of the Veterans Health Administra- ‘‘(7) In the case of a prospectus proposing an amount not to exceed $4,327,000. tion, reintegration and readjustment serv- funding for a major medical facility lease, a ices described in subsection (c) in group re- (14) For the Errera Community Care Cen- ter, West Haven, Connecticut, an amount not detailed analysis of how the lease is expected treat settings to women veterans who are re- to comply with Office of Management and cently separated from service in the Armed to exceed $4,883,000. (15) For the Worcester community-based Budget Circular A–11 and section 1341 of title Forces after a prolonged deployment. 31 (commonly referred to as the ‘Anti-Defi- ‘‘(b) ELECTION OF VETERAN.—The receipt of Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. ciency Act’). Any such analysis shall in- services under this section by a woman vet- clude— eran shall be at the election of the veteran. (16) For the expansion of a community- ‘‘(A) an analysis of the classification of the ‘‘(c) COVERED SERVICES.—The services pro- based outpatient clinic, Cape Girardeau, Mis- lease as a ‘lease-purchase’, ‘capital lease’, or vided to a woman veteran under this section souri, an amount not to exceed $4,232,060. shall include the following: (17) For a multispecialty clinic, Chat- ‘operating lease’ as those terms are defined ‘‘(1) Information on reintegration into the tanooga, Tennessee, an amount not to exceed in Office of Management and Budget Circular veteran’s family, employment, and commu- $7,069,000. A–11; nity. (18) For the expansion of a community- ‘‘(B) an analysis of the obligation of budg- ‘‘(2) Financial counseling. based outpatient clinic, Chico, California, an etary resources associated with the lease; ‘‘(3) Occupational counseling. amount not to exceed $4,534,000. and ‘‘(4) Information and counseling on stress (19) For a community-based outpatient ‘‘(C) an analysis of the methodology used reduction. clinic, Chula Vista, California, an amount in determining the asset cost, fair market ‘‘(5) Information and counseling on conflict not to exceed $3,714,000. value, and cancellation costs of the lease.’’. resolution. (20) For a new research lease, Hines, Illi- (2) SUBMITTAL TO CONGRESS.—Such section ‘‘(6) Such other information and counseling nois, an amount not to exceed $22,032,000. 8104 is further amended by adding at the end as the Secretary considers appropriate to as- (21) For a replacement research lease, the following new subsection: Houston, Texas, an amount not to exceed sist the veteran in reintegration into the ‘‘(h)(1) Not less than 30 days before enter- $6,142,000. veteran’s family, employment, and commu- ing into a major medical facility lease, the nity.’’. (22) For a community-based outpatient Secretary shall submit to the Committees on (2) CLERICAL AMENDMENT.—The table of clinic, Lincoln, Nebraska, an amount not to Veterans’ Affairs of the Senate and the sections at the beginning of chapter 17 is exceed $7,178,400. amended by inserting after the item relating (23) For a community-based outpatient House of Representatives— to section 1720G the following new item: clinic, Lubbock, Texas, an amount not to ex- ‘‘(A) notice of the Secretary’s intention to enter into the lease; ‘‘1720H. Counseling in retreat settings for ceed $8,554,000. ‘‘(B) a copy of the proposed lease; women veterans newly sepa- (24) For a community-based outpatient rated from service in the Armed clinic consolidation, Myrtle Beach, South ‘‘(C) a description and analysis of any dif- Forces.’’. Carolina, an amount not to exceed $8,022,000. ferences between the prospectus submitted (b) REPEAL OF SUPERSEDED PILOT PROGRAM (25) For a community-based outpatient pursuant to subsection (b) and the proposed AUTHORITY.—Section 203 of the Caregivers clinic, Phoenix, Arizona, an amount not to lease; and and Veterans Omnibus Health Services Act exceed $20,757,000. ‘‘(D) a scoring analysis demonstrating that of 2010 (Public Law 111–163; 38 U.S.C. 1712A (26) For the expansion of a community- the proposed lease fully complies with Office note) is hereby repealed. based outpatient clinic, Redding, California, of Management and Budget Circular A–11. an amount not to exceed $8,154,000. Subtitle H—Major Medical Facility Leases ‘‘(2) Each committee described in para- (27) For the expansion of a community- graph (1) shall ensure that any information SEC. 381. AUTHORIZATION OF MAJOR MEDICAL based outpatient clinic, Tulsa, Oklahoma, an FACILITY LEASES. amount not to exceed $13,269,200. submitted to the committee under such The Secretary of Veterans Affairs may paragraph is treated by the committee with carry out the following major medical facil- SEC. 382. BUDGETARY TREATMENT OF DEPART- MENT OF VETERANS AFFAIRS the same level of confidentiality as is re- ity leases at the locations specified, and in MAJOR MEDICAL FACILITIES quired by law of the Secretary and subject to an amount for each lease not to exceed the LEASES. the same statutory penalties for unauthor- amount shown for such location (not includ- (a) FINDINGS.—Congress finds the fol- ized disclosure or use as the Secretary. ing any estimated cancellation costs): lowing: (1) For a clinical research and pharmacy (1) Title 31, United States Code, requires ‘‘(3) Not more than 30 days after entering coordinating center, Albuquerque, New Mex- the Department of Veterans Affairs to record into a major medical facility lease, the Sec- ico, an amount not to exceed $9,560,000. the full cost of its contractual obligation retary shall submit to each committee de- (2) For a community-based outpatient clin- against funds available at the time a con- scribed in paragraph (1) a report on any ma- ic, Brick, New Jersey, an amount not to ex- tract is executed. terial differences between the lease that was ceed $7,280,000. (2) Office of Management and Budget Cir- entered into and the proposed lease described (3) For a new primary care and dental clin- cular A–11 provides guidance to agencies in under such paragraph, including how the ic annex, Charleston, South Carolina, an meeting the statutory requirements under amount not to exceed $7,070,250. title 31, United States Code, with respect to lease that was entered into changes the pre- (4) For the Cobb County community-based leases. viously submitted scoring analysis described Outpatient Clinic, Cobb County, Georgia, an (3) For operating leases, Office of Manage- in subparagraph (D) of such paragraph.’’. amount not to exceed $6,409,000. ment and Budget Circular A–11 requires the (d) RULE OF CONSTRUCTION.—Nothing in (5) For the Leeward Outpatient Healthcare Department of Veterans Affairs to record up- this section, or the amendments made by Access Center, Honolulu, Hawaii, including a front budget authority in an ‘‘amount equal this section, shall be construed to in any co-located clinic with the Department of De- to total payments under the full term of the way relieve the Department of Veterans Af- fense and the co-location of the Honolulu Re- lease or [an] amount sufficient to cover first gional Office of the Veterans Benefits Ad- year lease payments plus cancellation fairs from any statutory or regulatory obli- ministration and the Kapolei Vet Center of costs’’. gations or requirements existing prior to the the Department of Veterans Affairs, an (b) REQUIREMENT FOR OBLIGATION OF FULL enactment of this section and such amend- amount not to exceed $15,887,370. COST.—Subject to the availability of appro- ments.

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1070 CONGRESSIONAL RECORD — SENATE February 25, 2014 TITLE IV—EMPLOYMENT AND RELATED gress a report on the benefits provided by the quired to create the portal, and the antici- MATTERS Secretary under section 1631(b) of such Act. pated use of the portal. SUBTITLE A—TRAINING AND OTHER SERVICES (2) APPROPRIATE COMMITTEES OF CON- (c) EFFECTIVE DATE.—This section shall FOR VETERANS SEEKING EMPLOYMENT GRESS.—In this subsection, the term ‘‘appro- take effect on the date that is one year after SEC. 401. REAUTHORIZATION OF VETERANS RE- priate committees of Congress’’ means— the date of the enactment of this Act. TRAINING ASSISTANCE PROGRAM. (A) the Committee on Armed Services and SEC. 406. INFORMATION ON DISABILITY-RELATED (a) EXTENSION.—Subsection (k) of section the Committee on Veterans’ Affairs of the EMPLOYMENT AND EDUCATION 211 of the VOW to Hire Heroes Act of 2011 Senate; and PROTECTIONS IN TRANSITION AS- (Public Law 112–56; 38 U.S.C. 4100 note) is (B) the Committee on Armed Services and SISTANCE PROGRAM. amended by striking ‘‘March 31, 2014’’ and in- the Committee on Veterans’ Affairs of the (a) IN GENERAL.—Section 1144(b) of title 10, serting ‘‘June 30, 2016’’. House of Representatives. United States Code, is amended by adding at (b) NUMBER OF ELIGIBLE VETERANS.—Sub- SEC. 403. EXTENSION OF ADDITIONAL REHABILI- the end the following new paragraph: section (a)(2) of such section is amended— TATION PROGRAMS FOR PERSONS ‘‘(9) Provide information about disability- (1) in subparagraph (A), by striking ‘‘and’’ WHO HAVE EXHAUSTED RIGHTS TO related employment and education protec- at the end; UNEMPLOYMENT BENEFITS UNDER tions.’’. STATE LAW. (2) in subparagraph (B), by striking the pe- (b) EFFECTIVE DATE.—The amendment Section 3102(b)(4) is amended by striking riod at the end and inserting a semicolon; made by subsection (a) shall take effect on ‘‘March 31, 2014’’ and inserting ‘‘March 31, and the date that is one year after the date of the 2016’’. (3) by adding at the end the following new enactment of this Act. subparagraphs: SEC. 404. UNIFIED EMPLOYMENT PORTAL FOR Subtitle B—Employment of Veterans and VETERANS. ‘‘(C) 50,000 during the period beginning Recognition of Veteran Status With Respect (a) IN GENERAL.—Section 4105 is amended April 1, 2014, and ending June 30, 2015; and to Employment Related Matters by adding at the end the following: ‘‘(D) 50,000 during the period beginning ‘‘(c)(1) The Secretary shall develop a sin- SEC. 411. EMPLOYMENT OF VETERANS WITH THE July 1, 2015, and ending June 30, 2016.’’. gle, unified Federal web-based employment FEDERAL GOVERNMENT. (c) CLARIFICATION OF LIMITATION ON AGGRE- portal, for use by veterans, containing infor- (a) IN GENERAL.—Section 4214 is amended— GATE AMOUNT OF ASSISTANCE.—Subsection mation regarding all Federal programs and (1) in subsection (b), by adding at the end (b) of such section is amended by striking activities concerning employment, unem- the following: ‘‘up to 12 months of retraining assistance ployment, and training to the extent the ‘‘(4)(A) The requirement under this para- provided by the Secretary of Veterans Af- programs and activities affect veterans. graph is in addition to the appointment of fairs’’ and inserting ‘‘an aggregate of not ‘‘(2) The Secretary shall work with rep- qualified covered veterans under the author- more than 12 months of retraining assistance resentatives from the Department of De- ity under paragraph (1) by the Department of provided by the Secretary of Veterans Af- fense, the Department of Veterans Affairs, Veterans Affairs and the Department of De- fairs under this section’’. the Small Business Administration, and fense. (d) PROVIDERS OF RETRAINING ASSIST- other Federal agencies and organizations ‘‘(B) The head of each agency, in consulta- ANCE.—Subsection (b) of such section is fur- concerned with veterans’ issues, to deter- tion with the Director of the Office of Per- ther amended— sonnel Management, shall develop a plan for (1) by redesignating paragraphs (3), (4), and mine an appropriate platform and imple- menting agency for the portal. The Sec- exercising the authority specified in sub- (5) as paragraphs (4), (5), and (6), respec- paragraph (C) during the five-year period be- tively; and retary shall enter into an agreement with the other Federal agencies for the implemen- ginning on the date of the enactment of the (2) by inserting after paragraph (2) the fol- Comprehensive Veterans Health and Benefits lowing new paragraph (3): tation of the portal.’’. (b) IMPLEMENTATION.—The Secretary of and Military Retirement Pay Restoration ‘‘(3) is offered by a four-year educational Labor shall implement the portal required Act of 2014. institution and, as determined by the Sec- by subsection (c) of section 4105 of title 38, ‘‘(C) The authority specified in this sub- retary, is not reasonably available at a com- United States Code (as added by subsection paragraph is the authority as follows: munity college or technical school;’’. (a) of this section), by not later than Janu- ‘‘(i) The authority under paragraph (1). (e) EXTENSION OF APPLICATION DATE.—Sub- ‘‘(ii) The authority available to the agency section (e)(1)(G) of such section is amended ary 1, 2015. SEC. 405. REPORT ON UNIFIED GOVERNMENT concerned under the Veterans Employment by striking ‘‘October 1, 2013’’ and inserting Opportunities Act of 1998 (Public Law 105– ‘‘October 1, 2015’’. INTERNET PORTAL FOR VETERANS ON JOBS AVAILABLE THROUGH THE 339) and the amendments made by that Act. (f) REPORTS.—Subsection (i) of such section FEDERAL GOVERNMENT. ‘‘(D) The Director of the Office of Per- is amended— (a) IDENTIFICATION OF INTERNET WEBSITES sonnel Management shall ensure that under (1) in the subsection heading, by striking AND APPLICATIONS THAT CAN ASSIST VET- the plans developed under subparagraph (B) ‘‘REPORT’’ and inserting ‘‘REPORTS’’; ERANS SEEKING EMPLOYMENT.— agencies shall appoint to existing vacancies (2) by striking paragraph (1) and inserting (1) IN GENERAL.—The Secretary of Labor not fewer than 15,000 qualified covered vet- the following new paragraph (1): shall, in consultation with the Secretary of erans during the five-year period beginning ‘‘(1) IN GENERAL.—The Secretary of Vet- Veterans Affairs, the Secretary of Defense, on the date of the enactment of the Com- erans Affairs shall submit to the appropriate and other appropriate public and private en- prehensive Veterans Health and Benefits and committees of Congress reports on training tities, take appropriate actions to identify Military Retirement Pay Restoration Act of assistance provided under this section as fol- Internet websites and applications that can 2014. For purposes of complying with this lows: assist veterans in seeking employment. subparagraph, an appointment pursuant to ‘‘(A) By not later than October 1, 2015, for (2) PRIORITY IN IDENTIFICATION OF CERTAIN the authority referred to in subparagraph participants provided assistance through WEBSITES AND APPLICATIONS.—In identifying (C)(ii) shall not count toward the number re- March 31, 2014. websites and applications pursuant to para- quired by this subparagraph unless the ap- ‘‘(B) By not later than October 1, 2017, for graph (1), the Secretary shall place a par- pointment is to a vacancy in a full-time, per- participants provided assistance during the ticular priority on identifying websites and manent position.’’; period beginning on April 1, 2014, and ending applications that do the following: (2) in subsection (d), in the third sentence, on June 2016.’’; and (A) Match veterans seeking employment by inserting ‘‘(including, during the 5-year (3) in paragraph (2), by striking ‘‘The re- with available jobs based on the skills the period beginning on the date of the enact- port required by paragraph (1) shall include’’ veterans acquired as members of the Armed ment of the Comprehensive Veterans Health and inserting ‘‘Each report required by para- Forces. and Benefits and Military Retirement Pay graph (1) shall include, for the period covered (B) Permit employers to post information Restoration Act of 2014, the development and by such report,’’. about available jobs. implementation by each agency of the plan SEC. 402. EXTENSION OF AUTHORITY OF SEC- (b) REPORT.—Not later than 180 days after required under subsection (b)(4), which shall RETARY OF VETERANS AFFAIRS TO the effective date specified in subsection (c), include information regarding the grade or PROVIDE REHABILITATION AND VO- CATIONAL BENEFITS TO MEMBERS the Secretary of Labor shall submit to the pay level of appointments by the agency OF ARMED FORCES WITH SEVERE Committee on Veterans’ Affairs of the Sen- under the plan and whether the appoint- INJURIES OR ILLNESSES. ate and the Committee on Veterans’ Affairs ments are, or are converted to, career or ca- (a) IN GENERAL.—Section 1631(b)(2) of the of the House of Representatives a report on reer-conditional appointments)’’ after ‘‘sub- Wounded Warrior Act (title XVI of Public the actions of the Secretary under sub- section (b) of this section’’; and Law 110–181; 10 U.S.C. 1071 note) is amended section (a). The report shall include an as- (3) in subsection (e)— by striking ‘‘December 31, 2014’’ and insert- sessment of the feasibility and advisability (A) in paragraph (1)— ing ‘‘December 31, 2016’’. of creating a single, unified Internet-based (i) in the matter before subparagraph (A), (b) REPORT.— employment portal for the Federal Govern- by striking ‘‘to the Congress’’ and inserting (1) IN GENERAL.—Not later than 180 days ment for use by veterans regarding employ- ‘‘to the appropriate committees of Con- after the date of the enactment of this Act, ment through the Federal Government, in- gress’’; and the Secretary of Veterans Affairs shall sub- cluding the cost of creating the portal, the (ii) in subparagraph (A), by inserting ‘‘(in- mit to the appropriate committees of Con- collaboration with other Federal agencies re- cluding, during the 5-year period beginning

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 25, 2014 CONGRESSIONAL RECORD — SENATE S1071 on the date of the enactment of the Com- ‘‘(iii) for any credential or license for ‘‘§ 2338. Employment of veterans as evalua- prehensive Veterans Health and Benefits and which a veteran is unable to completely sat- tion factor Military Retirement Pay Restoration Act of isfy such requirements through examination, ‘‘The head of each agency shall consider fa- 2014, the development and implementation the State substantially reduces training vorably as an evaluation factor in solicita- by the agency of the plan required under sub- time required to satisfy such requirement tions for contracts and task or delivery order section (b)(4), which shall include informa- based on the military training received by valued at or above $25,000,000 the employ- tion regarding the grade or pay level of ap- the veteran. ment by a prospective contractor of veterans pointments by the agency under the plan and ‘‘(C) Not less frequently than once each constituting at least 5 percent of the con- whether the appointments are, or are con- year, the Secretary shall submit to Congress tractor’s workforce.’’. and the Secretary of Defense a report sum- verted to, permanent appointments)’’ before (2) CLERICAL AMENDMENT.—The table of the period; and marizing the information received by the sections at the beginning of chapter 137 of (B) by adding at the end the following new Secretary under subparagraph (A)(ii).’’. such title is amended by adding after the (b) EFFECTIVE DATE.— paragraph: item relating to section 2337 the following ‘‘(3) In this subsection, the term ‘appro- (1) EXAMS.—Subparagraph (A) of section new item: priate committees of Congress’ means— 4102A(c)(9) of title 38, United States Code, as ‘‘(A) the Committee on Veterans’ Affairs added by subsection (a), shall take effect on ‘‘2338. Employment of veterans as evaluation and the Committee on Homeland Security the date that is one year after the date of the factor.’’. and Governmental Affairs of the Senate; and enactment of this Act and shall apply with (c) REGULATIONS.—Not later than 180 days ‘‘(B) the Committee on Veterans’ Affairs respect to grants and contracts described in after the date of the enactment of this Act, and the Committee on Oversight and Govern- such subparagraph awarded after such date. the Federal Acquisition Regulatory Council ment Reform of the House of Representa- (2) REPORTS.—Subparagraph (B) of such shall amend the Federal Acquisition Regula- tives.’’. section 4102A(c)(9), as so added, shall take ef- tion to carry out the provisions of section (b) REPORT.—Not later than 180 days after fect on the date that is one year after the 3313 of title 41, United States Code, and sec- the date of enactment of this Act, the Direc- date of the enactment of this Act and the tion 2338 of title 10, United States Code, as tor of the Office of Personnel Management Secretary of Labor shall submit the first re- added by subsections (a) and (b), respec- shall submit to the appropriate committees port under such subparagraph not later than tively. of Congress (as defined under section two years after the date of the enactment of SEC. 415. REPORT ON DISCRIMINATION AGAINST 4214(e)(3) of title 38, United States Code, as this Act. MEMBERS OF RESERVE COMPO- amended by subsection (a)) regarding the de- NENTS OF ARMED FORCES AND VET- SEC. 413. GRANTS TO HIRE VETERANS AS FIRST ERANS IN CIVILIAN LABOR MARKET. velopment of a plan to carry out the amend- RESPONDERS. (a) IN GENERAL.—Not later than 570 days ments made by subsection (a). (a) GRANTS FOR FIREFIGHTERS.—The Sec- SEC. 412. STATE RECOGNITION OF MILITARY EX- retary of Homeland Security shall award after the date of the enactment of this act, PERIENCE OF VETERANS IN ISSUING grants under section 34 of the Federal Fire the Secretary of Labor, in coordination with LICENSES AND CREDENTIALS TO the heads of such agencies as the Secretary VETERANS. Prevention and Control Act of 1974 (15 U.S.C. 2229a) to hire veterans as firefighters. considers appropriate, shall submit to the (a) IN GENERAL.—Section 4102A(c) is (b) GRANTS FOR LAW ENFORCEMENT OFFI- appropriate committees of Congress a report amended by striking paragraph (9) and in- CERS.—The Attorney General shall award on barriers and potential discrimination fac- serting the following new paragraph (9): ing veterans in the labor market. ‘‘(9)(A) As a condition of a grant or con- grants under part Q of title I of the Omnibus (b) CONTENTS.—The report required by sub- tract under which funds are made available Crime Control and Safe Streets Act of 1968 section (a) shall include the following: to a State under subsection (b)(5) in order to (42 U.S.C. 3796dd et seq.) to hire veterans as (1) An evaluation of the following: carry out section 4103A or 4104 of this title, law enforcement officers. (A) The extent to which members of the re- the State shall— (c) PRIORITY.—In awarding grants under serve components of the Armed Forces and ‘‘(i) establish a program under which the this section to hire veterans, the Secretary veterans face barriers to entry into the civil- State administers an examination to each of Homeland Security and the Attorney Gen- veteran seeking a license or credential eral shall give priority to the hiring of vet- ian labor market, including whether such issued by the State and issues such license or erans who served on active duty in the members and veterans face obstacles in ob- credential to such veteran without requiring Armed Forces on or after September 11, 2001. taining employment, maintaining employ- (d) FUNDING.— such veteran to undergo any training or ap- ment, or receiving promotions while em- (1) DEPARTMENT OF HOMELAND SECURITY.— prenticeship if the veteran— ployed. There is authorized to be appropriated for ‘‘(I) receives a satisfactory score on com- (B) The extent to which a member of a re- fiscal year 2015 for the Department of Home- pletion of such examination, as determined serve component of the Armed Forces or a by the State; land Security, $125,000,000 to carry out sub- veteran faces discrimination in the civilian ‘‘(II) has been awarded a military occupa- section (a). labor market based on the member’s or vet- tional specialty that is substantially equiva- (2) DEPARTMENT OF JUSTICE.—There is au- eran’s status as a member of a reserve com- lent to or exceeds the requirements of the thorized to be appropriated for fiscal year ponent of the Armed Forces or as a veteran, State for the issuance of such license or cre- 2015 for the Department of Justice, as the case may be. dential; $125,000,000 to carry out subsection (b). (C) The adequacy and effectiveness of Fed- ‘‘(III) has engaged in the active practice of (3) AVAILABILITY.—The amounts authorized eral laws in effect on the day before the date the occupation for which the veteran is seek- to be appropriated by this subsection shall of the enactment of this Act in preventing or ing such license or credential for at least two be available for expenditure through Sep- ameliorating acts of discrimination against of the five years preceding the date of appli- tember 30, 2018. members of the reserve components of the cation; and SEC. 414. EMPLOYMENT OF VETERANS AS EVAL- Armed Forces and veterans seeking or re- ‘‘(IV) pays any customary or usual fees re- UATION FACTOR IN THE AWARDING taining employment in the civilian labor OF FEDERAL CONTRACTS. quired by the State for such license or cre- market. (a) CIVILIAN CONTRACTS.— dential; and (D) The adequacy and effectiveness of pro- (1) IN GENERAL.—Chapter 33 of title 41, ‘‘(ii) submit each year to the Secretary a grams of the Department of Labor in effect United States Code, is amended by adding at report on the exams administered under on the day before the date of the enactment the end the following new section: clause (i) during the most recently com- of this Act in educating private sector em- pleted 12-month period that includes, for the ‘‘§ 3313. Employment of veterans as evalua- ployers on matters relevant to hiring and period covered by the report the number of tion factor employing veterans and the military experi- veterans who completed an exam adminis- ‘‘The head of each executive agency shall ence of veterans. tered by the State under clause (i) and a de- consider favorably as an evaluation factor in (2) Such recommendations as the Secretary scription of the results of such exams, solicitations for contracts and task or deliv- may have for legislative or administrative disaggregated by occupational field. ery order valued at or above $25,000,000 the action— ‘‘(B) The Secretary may waive the require- employment by a prospective contractor of (A) to address barriers or discrimination ment under subparagraph (A) that a State veterans constituting at least 5 percent of that members of the reserve components of establish a program described in that sub- the contractor’s workforce.’’. the Armed Forces and veterans may face in paragraph as a condition of a grant or con- (2) CLERICAL AMENDMENT.—The table of the civilian labor market; tract if the State certifies to the Secretary sections at the beginning of chapter 33 of (B) to improve education and outreach for that the State— such title is amended by adding after the employers in the civilian labor market on ‘‘(i) takes into account previous military item relating to section 3312 the following issues regarding hiring and employing such training for the purposes of issuing licenses new item: members and veterans; and or credentials; ‘‘3313. Employment of veterans as evaluation (C) to assist employers in the civilian labor ‘‘(ii) permits veterans to completely sat- factor.’’. market in matching the military experience isfy through examination any training or (b) DEFENSE CONTRACTS.— of such members and veterans with the needs testing requirements for a license or creden- (1) IN GENERAL.—Chapter 137 of title 10, of such employers. tial with respect to which a veteran has pre- United States Code, is amended by adding at (3) Such other matters as the Secretary viously completed military training; and the end the following new section: considers appropriate.

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(c) APPROPRIATE COMMITTEES OF CON- under paragraph (1), the Secretary shall en- sidered an employee of the Department of GRESS.—In this section, the term ‘‘appro- sure that small business concerns are af- Veterans Affairs and not the eligible em- priate committees of Congress’’ means— forded opportunities to participate in the ployer during the period of such internship (1) the Committee on Veterans’ Affairs and program. under the program. the Committee on Health, Education, Labor, (5) EXCLUSIONS.—The following employers (5) RELATION TO OTHER FEDERAL ASSIST- and Pensions of the Senate; and may not be determined to be an eligible em- ANCE.—Notwithstanding any other provision (2) the Committee on Veterans’ Affairs and ployer under paragraph (1): of law, pay received by an individual under the Committee on Education and the Work- (A) An agency of the Federal Government this subsection may not be used in any cal- force of the House of Representatives. or a State or local government. culation to determine the eligibility of such (d) EFFECTIVE DATE.—This section shall (B) An employer that has previously par- individual for any Federal program for the take effect on the date that is one year after ticipated in the program and, as determined purpose of obtaining child care assistance. the date of the enactment of this Act. by the Secretary, failed to abide by any re- (g) MENTORSHIP AND JOB-SHADOWING.— (1) IN GENERAL.—As a condition of an eligi- Subtitle C—Program on Career Transition quirement of the program. (C) An employer that cannot give an assur- ble employer’s participation in the program SEC. 421. PROGRAM ON PROVISION OF CAREER ance to the Secretary at the time of applica- and the placement of an eligible individual TRANSITION SERVICES TO YOUNG tion for participation in the program under in an internship at the eligible employer, the VETERANS. subsection (l), and in such manner as the eligible employer shall provide each eligible (a) IN GENERAL.—Commencing not later Secretary shall specify pursuant to that sub- individual placed in an internship at the eli- than 180 days after the date of the enactment section, on each matter as follows: gible employer under the program with at of this Act, the Secretary of Veterans Affairs (i) That the employer has not been inves- least one mentor who is an employee of the shall, in collaboration with the Secretary of tigated or subject to a case or action by the eligible employer. Labor, carry out a program to assess the fea- Federal Trade Commission during the 180- (2) JOB-SHADOWING AND CAREER COUN- sibility and advisability of establishing a day period ending on the date the employer SELING.—To the extent practicable, a mentor program to provide career transition services would otherwise commence participation in assigned to an eligible individual partici- to eligible individuals— the program. pating in the program shall provide such eli- (1) to provide eligible individuals with (ii) That the employer has been in good gible individual with job shadowing and ca- work experience in the civilian sector; standing with a State business bureau during reer counseling. (2) to increase the marketable skills of eli- the period described in clause (i). (h) VOLUNTEER OPPORTUNITIES.— gible individuals; (iii) That the employer is not delinquent (1) IN GENERAL.—As a condition on partici- (3) to assist eligible individuals in obtain- with respect to payment of any taxes or em- pation in the program, each eligible indi- ing long-term employment; and ployer contributions described under section vidual who participates in the program shall, (4) to assist in integrating eligible individ- 3301 and 3302 (a)(1) of the Internal Revenue not less frequently than once each month in uals into their local communities. Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). which the eligible individual participates in (b) ELIGIBLE INDIVIDUALS.—For purposes of (iv) That the employer would not request the program, engage in a qualifying volun- the program, an eligible individual is an in- the placement of an additional eligible indi- teer activity in accordance with guidelines dividual who— vidual under the program, if after such addi- the Secretary shall establish. (1) is— tional placement, the number of eligible in- (2) QUALIFYING VOLUNTEER ACTIVITIES.—For (A) a veteran of the Armed Forces who was dividuals placed in internships at such em- purposes of this subsection, a qualifying vol- discharged or released from service therein ployer under the program would constitute unteer activity is any activity the Secretary under conditions other than dishonorable; or more than 10 percent of the eligible employ- considers related to providing assistance to, (B) a member of a reserve component of er’s workforce. For purposes of the previous or for the benefit of, a veteran. Such activi- the Armed Forces (including the National sentence, being an intern under the program ties may include the following: Guard) who— placed at an employer shall be considered (A) Outreach. (i) served on active duty in the Armed part of the employer’s workforce. (B) Assisting an organization recognized by Forces (other than active duty for training) (v) That the employer has the intention of the Secretary for the representation of vet- for more than 180 consecutive days during retaining eligible participants after such erans under section 5902 of title 38, United the three-year period ending on the date of participants have completed participation in States Code, on a volunteer basis. application for participation in the program; the program. (C) Service benefitting a veteran in a State and (d) DURATION.—The Secretary shall carry home or a Department of Veterans Affairs (ii) is not serving on active duty on the out the program during the three-year period medical facility. date of commencement of participation in beginning on the date of the commencement (D) Service benefitting a veteran at an in- the program; of the program. stitution of higher education. (2) if discharged or released from the (e) CAREER TRANSITION SERVICES.—For pur- (i) PROFESSIONAL SKILLS WORKSHOPS.— Armed Forces on the date of commencement poses of the program, career transition serv- (1) IN GENERAL.—The Secretary shall pro- of participation in the program, was so dis- ices are the following: vide eligible individuals participating in the charged or released not later than three (1) Internships under subsection (f). program with workshops for the develop- years before application for participation in (2) Mentorship and job-shadowing under ment and improvement of the professional the program; subsection (g). skills of such eligible individuals. (3) is unemployed or underemployed, as de- (3) Volunteer opportunities under sub- (2) TAILORED.—The workshops provided by termined by the Secretary; and section (h). the Secretary shall be tailored to meet the (4) is, at the time at which the individual (4) Professional skill workshops under sub- particular needs of eligible individuals par- applies for participation in the program, 18 section (i). ticipating in the program as determined years of age or older, but not more than 30 (5) Skills assessment under subsection (j). under subsection (j). years of age. (6) Additional services under subsection (3) TOPICS.—The workshops provided to eli- (c) ELIGIBLE EMPLOYERS.— (k). gible individuals participating in the pro- (1) IN GENERAL.—For purposes of the pro- (f) INTERNSHIPS.— gram may include workshops for the devel- gram, an eligible employer is an employer (1) IN GENERAL.—For each eligible indi- opment of such professional skills as the determined by the Secretary to meet such vidual whom the Secretary approves for par- Secretary considers appropriate, which may criteria for participation in the program as ticipation in the program, the Secretary include the following: the Secretary shall establish for purposes of shall attempt to place such eligible indi- (A) Written and oral communication skills. the program. vidual in an internship on a full-time basis (B) Basic word processing and other com- (2) PAST PERFORMANCE ON CERTAIN MAT- with an eligible employer whom the Sec- puter skills. TERS.—The criteria established by the Sec- retary has approved for participation in the (C) Interpersonal skills. retary under paragraph (1) may include past program. (4) MANNER OF PRESENTATION.—Workshops performance of an employer with respect to (2) DURATION.—Each internship under the on particular topics shall be provided the following: program shall be for a period of one year. through such means as may be appropriate, (A) Job training, basic skills training, and (3) WAGES.— effective, and approved of by the Secretary related activities. (A) IN GENERAL.—The Secretary shall fur- for purposes of the program. Such means (B) Financial accountability. nish pay and benefits to each eligible indi- may include use of electronic communica- (C) Demonstrated high potential for vidual participating in an internship under tion. growth and long-term job creation. the program for the duration of such partici- (5) ASSESSMENTS.—The Secretary shall (3) FOR-PROFIT AND NOT-FOR-PROFIT EM- pation in an aggregate amount not to exceed conduct an assessment of a participant in a PLOYERS.—The employers determined by the $25,000. workshop conducted under this subsection to Secretary to be eligible employers under (4) EMPLOYMENT STATUS.—For purposes of assess the participant’s knowledge acquired paragraph (1) may include both for-profit and the Patient Protection and Affordable Care as a result of participating in the workshop. not-for-profit employers. Act (Public Law 111–148), an eligible indi- (j) SKILLS ASSESSMENT.— (4) SMALL BUSINESS CONCERNS.—In deter- vidual placed in an internship with an eligi- (1) IN GENERAL.—Under the program, the mining employers to be eligible employers ble employer under the program shall be con- Secretary shall develop and implement an

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objective assessment of eligible individuals (m) GRANTS.— (D) The number of individuals who ob- participating in the program to assist in the (1) IN GENERAL.—The Secretary may award tained long-term full-time unsubsidized em- placement of such individuals in internships grants to eligible entities to assist the Sec- ployment positions after participation in the under subsection (f) and to assist in the tai- retary in carrying out the program. program, the hourly wage and nature of such loring of workshops under subsection (i). (2) ELIGIBLE ENTITIES.—For purposes of the employment, and if available, whether such (2) ELEMENTS.—The assessment may in- program, an eligible entity is a nonprofit or- individuals were still employed in such posi- clude an assessment of the skill levels and ganization. tions three months after obtaining such posi- service needs of each participant, which may (3) CONSIDERATIONS.—In awarding grants tions. include a review of basic professional entry- under this subsection, the Secretary may (E) An assessment of the feasibility and ad- level skills, prior work experience, employ- consider whether an eligible entity— visability of providing career transition ability, and the individual’s interests. (A) has an understanding of the unemploy- services to eligible individuals. (k) ADDITIONAL SERVICES.— ment problems of eligible individuals and (F) An assessment of the effect of the pro- (1) IN GENERAL.—Except as provided in members of the Armed Forces transitioning gram on earnings of eligible individuals and paragraph (2), the Secretary shall, under the from service in the Armed Forces to civilian the employment of eligible individuals. program, furnish the following services to an life; and (G) Such recommendations for legislative eligible individual participating in the pro- (B) has the capability to assist the Sec- and administrative action as the Secretary gram when assessment under subsection (j) retary in administering effectively the pro- may have to improve the program, to expand indicates such services are appropriate: gram and providing career transition serv- the program, or to improve the employment (A) Counseling, such as job counseling and ices to eligible individuals. of eligible individuals. career counseling. (4) USE OF FUNDS.—Amounts received by a (r) FUNDING LIMITATIONS.— (B) Job search assistance. recipient of a grant under this subsection (1) WAGES FOR INTERNSHIPS.—Not less than (C) Follow-up services with participants may be used as the Secretary considers ap- 95 percent of amounts authorized to be ap- that are offered unsubsidized employment by propriate for purposes of the program, in- propriated for the program by subsection (t) the employer with whom they were assigned. cluding as follows: shall be used to provide pay under subsection (D) Transportation, as described in para- (A) To assist the Secretary in carrying out (f)(3). graph (3). the program. (2) ADMINISTRATION.—Not more than 5 per- (2) REFERRALS.—In lieu of furnishing a (B) To recruit eligible employers and eligi- cent of amounts authorized to be appro- service to an eligible individual under para- ble individuals to participate in the pro- priated for the program by subsection (t) graph (1), the Secretary may refer such eligi- gram. may be used to administer the program. ble individual to another Federal, State, or (C) To match eligible individuals partici- (s) DEFINITIONS.—In this section: local government program that provides pating in the program with internship oppor- (1) ACTIVE DUTY, ARMED FORCES, RESERVE such service. tunities at eligible employers participating COMPONENT, AND VETERAN.—The terms ‘‘ac- (3) TRANSPORTATION.—In accordance with in the program. tive duty’’, ‘‘Armed Forces’’, ‘‘reserve com- criteria established by the Secretary for pur- (D) To coordinate and carry out job place- ponent’’, and ‘‘veteran’’ have the meanings poses of the program, the Secretary may pay ment and other employer outreach activi- given such terms in section 101 of title 38, an allowance based upon mileage, of any eli- ties. United States Code. gible individual placed in an internship (2) FULL-TIME BASIS.—The term ‘‘full-time under the program not in excess of 75 miles (n) OUTREACH.— basis’’, with respect to an internship, means to or from a facility of the eligible employer (1) IN GENERAL.—The Secretary of Veterans or other place in connection with such in- Affairs and the Secretary of Labor shall participation in the internship of not fewer ternship. jointly carry out a program of outreach to than 30 hours per week and not more than 40 (l) PARTICIPATION.— inform eligible employers and eligible indi- hours per week. (1) APPLICATION.— viduals about the program and the benefits (3) SMALL BUSINESS CONCERN.—The term (A) IN GENERAL.—An eligible employer or of participating in the program. ‘‘small business concern’’ has the meaning eligible individual seeking to participate in (2) INCLUDED LOCATIONS AND GROUPS.—The given that term under section 3(a) of the the program shall submit to the Secretary Secretary of Veterans Affairs and the Sec- Small Business Act (15 U.S.C. 632(a)). an application therefor at such time, in such retary of Labor shall ensure that any out- (4) UNEMPLOYMENT COMPENSATION.—The manner, and containing such information as reach program and activities conducted term ‘‘unemployment compensation’’ means the Secretary shall specify. under paragraph (1) include, to the extent regular compensation (as defined in section (B) REQUIREMENTS FOR ELIGIBLE EMPLOY- practicable, rural communities, tribal lands 205 of the Federal-State Extended Unemploy- ERS.—An application submitted by an eligi- of the United States, Native Americans, and ment Compensation Act of 1970), compensa- ble employer under subparagraph (A) shall tribal organizations (as defined in section tion under the Federal-State Extended Com- include a certification or other information, 3765 of title 38, United States Code). pensation Act of 1970, and compensation in such form and manner as the Secretary (o) AWARDS FOR OUTSTANDING CONTRIBU- under the emergency unemployment com- shall specify, on each of the assurances re- TIONS TO PROGRAM.— pensation program under title IV of the Sup- quired by subsection (c)(5)(C), including the (1) IN GENERAL.—Each year of the program, plemental Appropriations Act, 2008. assurance that the employer has the inten- the Secretary of Veterans Affairs may recog- (t) AUTHORIZATION OF APPROPRIATIONS.— tion of retaining eligible participants after nize one or more eligible employers or one or There is hereby authorized to be appro- they have completed participation in the more eligible individuals participating in the priated for fiscal year 2015 for the Depart- program as provided in clause (v) of that sub- program for demonstrating outstanding ment of Veterans Affairs, $600,000,000 to section. achievement in carrying out or in contrib- carry out this section. The amount so au- (2) TIME OF APPLICATION FOR CERTAIN ELIGI- uting to the success of the program. thorized to be appropriated shall remain BLE INDIVIDUALS.—A member of the Armed (2) CRITERIA.—The Secretary shall estab- available until expended. Forces on active duty who expects to be an lish such selection procedures and criteria as Subtitle D—Improving Employment and Re- eligible individual described in subsection the Secretary considers appropriate for the employment Rights of Members of the Uni- (b)(1)(A) upon discharge or release from the award of recognition under this subsection. formed Services Armed Forces may submit an application to (p) MINIMIZATION OF ADMINISTRATIVE BUR- SEC. 431. ENFORCEMENT OF RIGHTS OF MEM- participate in the program not earlier than DEN ON PARTICIPATING EMPLOYERS.—The Sec- BERS OF UNIFORMED SERVICES 180 days before the date on which the mem- retary shall take such measures as may be WITH RESPECT TO STATES AND PRI- ber expects to be discharged or released from necessary to minimize administrative bur- VATE EMPLOYERS. the Armed Forces. A member who submits dens incurred by eligible employers due to (a) ACTION FOR RELIEF.—Subsection (a) of such an application shall be treated as unem- participation in the program. section 4323 is amended— ployed or underemployed for purposes of sub- (q) REPORTS.— (1) in paragraph (1)— section (b)(2) if the member has not accepted (1) IN GENERAL.—Not later than 45 days (A) by striking ‘‘appear on behalf of, and an offer of employment after discharge or re- after the completion of the first year of the act as attorney for, the person on whose be- lease as of the time of the submittal of the program and not later than 180 days after the half the complaint is submitted and’’; application. completion of the second and third years of (B) by striking ‘‘for such person’’; (3) DELIMITING DATE FOR COMMENCEMENT OF the program, the Secretary shall submit to (C) by striking the fourth sentence; and PARTICIPATION BY INDIVIDUALS.—An eligible Congress a report on the program. (D) by adding at the end the following: individual may not commence participation (2) CONTENTS.—Each report submitted ‘‘The person on whose behalf the complaint in the program after the date that is two under paragraph (1) shall include the fol- is referred may, upon timely application, in- years after the date of the commencement of lowing: tervene in such action, and may obtain such the program. (A) An evaluation of the program. appropriate relief as is provided in sub- (4) SELECTION.—The Secretary shall review (B) The number and characteristics of par- sections (d) and (e).’’; each application submitted by an applicant ticipants in the program. (2) by striking paragraph (2) and inserting under paragraph (1) and approve or dis- (C) The number and types of internships in the following new paragraph (2): approve the applicant for participation in which eligible individuals were placed under ‘‘(2)(A) Not later than 60 days after the the program. the program. date the Attorney General receives a referral

VerDate Mar 15 2010 02:45 Feb 26, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S1074 CONGRESSIONAL RECORD — SENATE February 25, 2014 under paragraph (1), the Attorney General ‘‘4328. Suspension, termination, or debar- references to investigators or investigations shall transmit, in writing, to the person on ment of contractor.’’. under this subchapter; whose behalf the complaint is submitted— (c) REGULATIONS.—Not later than 180 days ‘‘(B) references to interrogatories shall be ‘‘(i) if the Attorney General has made a de- after the date of the enactment of this Act, considered references to written questions, cision to commence an action for relief the Federal Acquisition Regulatory Council and answers to such need not be under oath; under paragraph (1) relating to the com- shall amend the Federal Acquisition Regula- ‘‘(C) the definitions relating to ‘false plaint of the person, notice of the decision; tion to carry out section 4328 of title 38, claims law’ shall not apply; and and United States Code, as added by subsection ‘‘(D) provisions relating to qui tam rela- ‘‘(ii) if the Attorney General has not made (a). tors shall not apply.’’. such a decision, notice of when the Attorney (d) EFFECTIVE DATE.—Section 4328 of title (b) EFFECTIVE DATE.—Subsection (i) of sec- General expects to make such a decision. 38, United States Code, as added by sub- tion 4323 of title 38, United States Code, as ‘‘(B) If the Attorney General notifies a per- section (a), shall apply with respect to fail- added by subsection (a)(2), shall take effect son that the Attorney General expects to ures and refusals to comply with provisions on the date of the enactment of this Act and make a decision under subparagraph (A)(ii), of chapter 43 of title 38, United States Code, shall apply with respect to violations of the Attorney General shall, not later than 30 occurring on or after the date of the enact- chapter 43 of title 38, United States Code, al- days after the date on which the Attorney ment of this Act. leged to have occurred on or after such date. General makes such decision, notify, in writ- (e) ANNUAL REPORT.—Section 4332(a) is (c) ANNUAL REPORTS.—Section 4332(b)(2) is ing, the person of such decision.’’; amended— amended— (3) by redesignating paragraph (3) as para- (1) by redesignating paragraph (10) as para- (1) by striking ‘‘Not later than’’ and insert- graph (4); graph (11); and ing the following: (4) by inserting after paragraph (2) the fol- (2) by inserting after paragraph (9) the fol- ‘‘(A) IN GENERAL.—Not later than’’; and lowing new paragraph (3): lowing new paragraph (10): (2) by adding at the end the following new ‘‘(3) Whenever the Attorney General has ‘‘(10) The number of suspensions, termi- subparagraph: reasonable cause to believe that a State (as nations, and debarments under section 4328 ‘‘(B) ANNUAL SUPPLEMENT ON CIVIL INVES- an employer) or a private employer is en- of this title, disaggregated by the agency or TIGATIVE DEMANDS.— gaged in a pattern or practice of resistance department imposing the suspension or de- ‘‘(i) IN GENERAL.—The Attorney General to the full enjoyment of any of the rights barment.’’. shall include with each report submitted and benefits provided for under this chapter, SEC. 433. SUBPOENA POWER FOR SPECIAL COUN- under subparagraph (A) for the last quarter and that the pattern or practice is of such a SEL IN ENFORCEMENT OF EMPLOY- of each fiscal year a report on the issuance of nature and is intended to deny the full exer- MENT AND REEMPLOYMENT RIGHTS civil investigative demands under section cise of such rights and benefits, the Attorney OF MEMBERS OF UNIFORMED SERV- 4323(i) of this title during the most recently General may commence an action for relief ICES WITH RESPECT TO FEDERAL completed fiscal year. EXECUTIVE AGENCIES. under this chapter.’’; and ‘‘(ii) ELEMENTS.—Each report submitted Section 4324 is amended by adding at the (5) in paragraph (4), as redesignated by under clause (i) shall include the following end the following new subsection: paragraph (3), by striking subparagraph (C) for the fiscal year covered by the report: ‘‘(e)(1) In order to carry out the Special and inserting the following new subpara- ‘‘(I) The number of times that a civil inves- Counsel’s responsibilities under this section, graph (C): tigative demand was issued under section the Special Counsel may require by subpoena ‘‘(C) has been notified by the Attorney 4323(i) of this title. the attendance and testimony of Federal em- General that the Attorney General does not ‘‘(II) For each civil investigative demand ployees and the production of documents intend to commence an action for relief issued under such section with respect to an from Federal employees and Federal execu- under paragraph (1) with respect to the com- investigation, whether such investigation re- tive agencies. plaint under such paragraph.’’. sulted in a settlement, order, or judgment.’’. (b) STANDING.—Subsection (f) of such sec- ‘‘(2) In the case of contumacy or failure to Subtitle E—Small Business Matters tion is amended to read as follows: obey a subpoena issued under paragraph (1), ‘‘(f) STANDING.—An action under this chap- upon application by the Special Counsel, the SEC. 441. EXPANSION OF CONTRACTING GOALS ter may be initiated only by the Attorney Merit Systems Protection Board may issue AND PREFERENCES OF DEPART- MENT OF VETERANS AFFAIRS TO IN- General or by a person claiming rights or an order requiring a Federal employee or Federal executive agency to comply with a CLUDE CONDITIONALLY OWNED benefits under this chapter under subsection SMALL BUSINESS CONCERNS 100 (a).’’. subpoena of the Special Counsel. PERCENT OWNED BY VETERANS. ‘‘(3) An order issued under paragraph (2) (c) CONFORMING AMENDMENT.—Subsection Section 8127(l) is amended— may be enforced by the Merit Systems Pro- (h)(2) of such section is amended by striking (1) in paragraph (2), by inserting ‘‘uncondi- tection Board in the same manner as any ‘‘under subsection (a)(2)’’ and inserting tionally’’ before ‘‘owned by’’ each place it order issued under section 1204 of title 5.’’. ‘‘under paragraph (1) or (4) of subsection appears; and (a)’’. SEC. 434. ISSUANCE AND SERVICE OF CIVIL IN- (2) by adding at the end the following new SEC. 432. SUSPENSION, TERMINATION, OR DE- VESTIGATIVE DEMANDS BY ATTOR- paragraph: NEY GENERAL. BARMENT OF CONTRACTORS FOR ‘‘(3) The term ‘unconditionally owned’ in- (a) IN GENERAL.—Section 4323 is amended— REPEATED VIOLATIONS OF EMPLOY- cludes, with respect to ownership of a small MENT OR REEMPLOYMENT RIGHTS (1) by redesignating subsection (i) as sub- business concern, conditional ownership of OF MEMBERS OF UNIFORMED SERV- section (j); and such small business concern if such business ICES. (2) by inserting after subsection (h) the fol- concern is 100 percent owned by one or more (a) IN GENERAL.—Subchapter III of chapter lowing new subsection (i): veterans.’’. 43 is amended by adding at the end the fol- ‘‘(i) ISSUANCE AND SERVICE OF CIVIL INVES- lowing new section: TIGATIVE DEMANDS.—(1) Whenever the Attor- SEC. 442. MODIFICATION OF TREATMENT UNDER ‘‘§ 4328. Suspension, termination, or debar- ney General has reason to believe that any CONTRACTING GOALS AND PREF- ERENCES OF DEPARTMENT OF VET- ment of contractors person may be in possession, custody, or con- ERANS AFFAIRS FOR SMALL BUSI- ‘‘(a) GROUNDS FOR SUSPENSION, TERMI- trol of any documentary material relevant NESSES OWNED BY VETERANS OF NATION, OR DEBARMENT.—Payment under a to an investigation under this subchapter, SMALL BUSINESSES AFTER DEATH contract awarded by a Federal executive the Attorney General may, before com- OF DISABLED VETERAN OWNERS. agency may be suspended and the contract mencing a civil action under subsection (a), (a) IN GENERAL.—Section 8127(h) is amend- may be terminated, and the contractor who issue in writing and serve upon such person, ed— made the contract with the agency may be a civil investigative demand requiring— (1) in paragraph (3), by striking ‘‘rated as’’ suspended or debarred in accordance with ‘‘(A) the production of such documentary and all that follows through ‘‘disability.’’ the requirements of this section, if the head material for inspection and copying; and inserting a period; and of the agency determines that the contractor ‘‘(B) that the custodian of such documen- (2) in paragraph (2), by amending subpara- as an employer has repeatedly been con- tary material answer in writing written graph (C) to read as follows: victed of failing or refusing to comply with questions with respect to such documentary ‘‘(C) The date that— one or more provisions of this chapter. material; or ‘‘(i) in the case of a surviving spouse of a ‘‘(b) EFFECT OF DEBARMENT.—A contractor ‘‘(C) the production of any combination of veteran with a service-connected disability debarred by a final decision under this sec- such documentary material or answers. rated as 100 percent disabling or who dies as tion is ineligible for award of a contract by ‘‘(2) The provisions of section 3733 of title a result of a service-connected disability, is a Federal executive agency, and for partici- 31 governing the authority to issue, use, and 10 years after the date of the veteran’s death; pation in a future procurement by a Federal enforce civil investigative demands shall or executive agency, for a period specified in apply with respect to the authority to issue, ‘‘(ii) in the case of a surviving spouse of a the decision, not to exceed 5 years.’’. use, and enforce civil investigative demands veteran with a service-connected disability (b) CLERICAL AMENDMENT.—The table of under this section, except that, for purposes rated as less than 100 percent disabling who sections at the beginning of chapter 43 is of applying such section 3733— does not die as a result of a service-con- amended by inserting after the item relating ‘‘(A) references to false claims law inves- nected disability, is three years after the to section 4327 the following new item: tigators or investigations shall be considered date of the veteran’s death.’’.

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(b) EFFECTIVE DATE.—The amendments concern had such small business concern ‘‘(1) implementing alliances with such made by subsection (a) shall take effect on been licensed in a State other than a com- other governmental, public, and private the date that is 180 days after the date of the munity property State, the Secretary shall health care organizations and practitioners enactment of this Act and shall apply with treat, for purposes of this section, such small as the Secretary considers appropriate to respect to applications received pursuant to business concern as if it had been licensed in meet the needs of veterans in the Network; section 8127(f)(2) of title 38, United States a State other than a community property ‘‘(2) providing oversight and management Code, that are verified on or after such date. State.’’. of, and taking responsibility for, a regional SEC. 443. TREATMENT OF BUSINESSES AFTER SEC. 445. REPORT ON ASSISTANCE FOR VET- budget for the activities of the Veterans DEATHS OF SERVICEMEMBER-OWN- ERANS IN OBTAINING TRAINING ON Health Administration in the geographic ERS FOR PURPOSES OF DEPART- PURCHASING AND OPERATING A area of the Network that is— MENT OF VETERANS AFFAIRS CON- FRANCHISE. ‘‘(A) aligned with the budget guidelines of TRACTING GOALS AND PREF- (a) REPORT REQUIRED.—Not later than one the Department and the Veterans Health Ad- ERENCES. year after the effective date specified in sub- ministration; (a) IN GENERAL.—Section 8127 is amended— section (c), the Secretary of Labor shall, in ‘‘(B) balanced at the end of each fiscal (1) by redesignating subsections (i) through consultation with the Secretary of Veterans year; and (l) as subsections (j) through (m), respec- Affairs, the Administrator of the Small Busi- ‘‘(C) sufficient to provide high-quality tively; and ness Administration, and other appropriate health care to veterans within the region (2) by inserting after subsection (h) the fol- entities, submit to Congress a report on the and to meet any unique needs of the veterans lowing new subsection (i): assistance available to veterans to obtain of the region; ‘‘(i) TREATMENT OF BUSINESSES AFTER training necessary to purchase and operate a ‘‘(3) using national metrics to develop sys- DEATH OF SERVICEMEMBER-OWNER.—(1) If a franchise. tems to provide effective, efficient, and safe member of the Armed Forces owns at least 51 (b) ELEMENTS.—The report required by sub- delivery of health care; and percent of a small business concern and such section (a) shall include the following: ‘‘(4) ensuring high-quality clinical pro- member is killed in line of duty in the active (1) A description of the assistance avail- grams and services are rendered in and military, naval, or air service, the surviving able for veterans through the Department of through— spouse or dependent child of such member Labor, the Department of Veterans Affairs, ‘‘(A) the medical centers and outpatient who acquires such ownership rights in such the Small Business Administration, or any clinics of the Department that are located in small business concern shall, for the period other agency of the Federal Government in the Network; and described in paragraph (2), be treated as if order to obtain training necessary to pur- ‘‘(B) other non-Department clinical or the surviving spouse or dependent child were chase or operate a franchise. health care delivery settings located in the a veteran with a service-connected disability (2) Information on the number of veterans Network. for purposes of determining the status of the who have sought and obtained the training ‘‘(d) REDUCTION IN DUPLICATE FUNCTIONS.— small business concern as a small business described in paragraph (1) during the five The Secretary shall ensure that the Veterans concern owned and controlled by veterans calendar years preceding the report. Integrated Service Networks identify and re- for purposes of contracting goals and pref- (3) A description of any barriers encoun- duce, whenever practicable, the duplication erences under this section. tered by veterans in obtaining the training of functions in clinical, administrative, and ‘‘(2) The period referred to in paragraph (1) described in paragraph (1). operational processes and practices of the is the period beginning on the date on which (c) EFFECTIVE DATE.—This section shall Veterans Health Administration. the member of the Armed Forces dies and take effect on the date that is one year after ‘‘(e) COLLABORATION AND COOPERATION.— ending on the date as follows: the date of the enactment of this Act. The Secretary shall ensure that each Vet- ‘‘(A) In the case of a surviving spouse, the TITLE V—ACCOUNTABILITY AND erans Integrated Service Network— earliest of the following dates: ADMINISTRATIVE IMPROVEMENTS ‘‘(1) works to achieve maximum effective- ‘‘(i) The date on which the surviving ness in patient care and safety, graduate SEC. 501. ADMINISTRATION OF VETERANS INTE- spouse remarries. GRATED SERVICE NETWORKS. medical education, and research; and ‘‘(ii) The date on which the surviving (a) VETERANS INTEGRATED SERVICE NET- ‘‘(2) assesses the consolidation or realign- spouse relinquishes an ownership interest in WORKS.— ment of institutional functions, including the small business concern and no longer (1) IN GENERAL.—Subchapter I of chapter 73 capital asset, safety, and operational support owns at least 51 percent of such small busi- is amended by adding at the end the fol- functions, in collaboration and cooperation ness concern. lowing new section: with other Veterans Integrated Service Net- ‘‘(iii) The date that is ten years after the works and the following offices or entities date of the member’s death. ‘‘§ 7310. Veterans Integrated Service Net- within the geographical area of the Network: ‘‘(B) In the case of a dependent child, the works ‘‘(A) The offices of the Veterans Benefits earliest of the following dates: ‘‘(a) ORGANIZATION.—(1) The Secretary Administration and the National Cemetery ‘‘(i) The date on which the surviving de- shall organize the Veterans Health Adminis- Administration. pendent child relinquishes an ownership in- tration in geographically defined Veterans ‘‘(B) The offices, installations, and facili- terest in the small business concern and no Integrated Service Networks. ties of the Department of Defense, including longer owns at least 51 percent of such small ‘‘(2) Each Veterans Integrated Service Net- the offices, installations, and facilities of business concern. work shall be organized in consideration of each branch of the Armed Forces and the re- ‘‘(ii) The date that is ten years after the the following: serve components of the Armed Forces. date of the member’s death.’’. ‘‘(A) The size of the veteran population of ‘‘(C) The offices, installations, and facili- (b) EFFECTIVE DATE.—Subsection (i) of sec- the region of the network. ties of the Coast Guard. tion 8127 of title 38, United States Code, as ‘‘(B) The complexity of the medical needs ‘‘(D) Offices of State and local agencies added by subsection (a), shall take effect on of the veterans in such region. that have a mission to provide assistance to the date of the enactment of