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

Vol. 160 WASHINGTON, WEDNESDAY, DECEMBER 10, 2014 No. 150 Senate The Senate met at 9:30 a.m. and was Almighty God, the Author and Fin- bark upon the fulfillment of Your will called to order by the Honorable ED- isher of our faith, teach us to rejoice in as You provide them with the skills WARD J. MARKEY, a Senator from the the privileges You have strewn on our needed to find a way through all our Commonwealth of Massachusetts. path to be used to bless others. Nation’s challenges. Empower them to f Lord, strengthen our lawmakers to persevere in doing what is right, endur- PRAYER resist the temptations that would seek ing to the end. Help them to begin, to continue, and to end all things by The Chaplain, Dr. Barry C. Black, of- to lure them from Your purposes. Give fered the following prayer: them clear sight that they may know trusting You. Let us pray. what to do. Give them courage to em- We pray in Your great Name. Amen.

NOTICE If the 113th Congress, 2nd Session, adjourns sine die on or before December 24, 2014, a final issue of the Congres- sional Record for the 113th Congress, 2nd Session, will be published on Wednesday, December 31, 2014, to permit Mem- bers to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Tuesday, December 30. The final issue will be dated Wednesday, December 31, 2014, and will be delivered on Monday, January 5, 2015. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

PLEDGE OF ALLEGIANCE APPOINTMENT OF ACTING U.S. SENATE, PRESIDENT PRO TEMPORE PRESIDENT PRO TEMPORE, The Presiding Officer led the Pledge Washington, DC, December 10, 2014. of Allegiance, as follows: The PRESIDING OFFICER. The To the Senate: clerk will please read a communication Under the provisions of rule I, paragraph 3, I pledge allegiance to the Flag of the to the Senate from the President pro of the Standing Rules of the Senate, I hereby United States of America, and to the Repub- tempore (Mr. LEAHY). appoint the Honorable EDWARD J. MARKEY, a lic for which it stands, one nation under God, The assistant legislative clerk read indivisible, with liberty and justice for all. the following letter:

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

S6467

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VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.000 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6468 CONGRESSIONAL RECORD — SENATE December 10, 2014 Senator from the Commonwealth of Massa- ing. We had some big issues, but she daughter Drew, and I can still see in chusetts, to perform the duties of the Chair. was always pleasant to everybody. my mind’s eye that picture she has of PATRICK J. LEAHY, Her first job here in the Senate was little Patrick—that little tiny boy. She President pro tempore. with . She became his had that on her desk forever, and he Mr. MARKEY thereupon assumed the scheduler. But given her abilities, she kept getting bigger and bigger and be- Chair as Acting President pro tempore. quickly assumed more responsibility, came an athlete. We had many con- f eventually becoming deputy chief of versations—and I try not to boast RECOGNITION OF THE MAJORITY staff. When Senator Daschle left the about a lot of things, but I am always LEADER Senate, Nancy transitioned to the Ser- anxious to boast about my youngest geant-at-Arms office, where she worked son, who was a stellar athlete and The ACTING PRESIDENT pro tem- as a liaison to Democratic Senators played on three national championship pore. The majority leader is recog- and their offices. teams at the University of —so nized. Nancy is a native of Brandon, SD. I have watched Patrick become a col- f She majored in history and govern- lege soccer player. SCHEDULE ment at Augustana College in Sioux There will never be another Nancy Falls. She moved to Washington, DC, Erickson here in the Senate. People Mr. REID. Mr. President, following in 1987. Her husband Tom is from Sioux like her don’t come along very often. my remarks and those of the Repub- Falls. JOHN THUNE used to purchase But she leaves a legacy, and it is one lican leader, the Senate will resume suits from Nancy’s father-in-law. that will endure through the history of consideration of the motion to concur Nancy’s first job here in the Senate, this great body. in the House amendment to the Senate as I have indicated, was for Senator So thank you, Nancy, for your serv- amendment to H.R. 3979, which is the Daschle. In her current office, Nancy ice to the country. Defense authorization bill—a very im- has a collection of South Dakota maps f portant piece of legislation. hanging on the walls, one of the rail- I would hope that Senators would un- road tracks across South Dakota in TRIBUTE TO SHEILA DWYER derstand the quicker we get this done, 1886, one of Watertown, SD, and she has Mr. REID. Mr. President, when Sec- the sooner we can get to the omnibus others. She even has a Rand McNally retary Erickson steps down, so does the and the tax extenders and the other map of a long time ago that covers the Assistant Secretary of the Senate Shei- things we have to do before we leave. entire State. la Dwyer. Sheila has a long history in I would note that it seems very like- As I indicated, when Senator Daschle the U.S. Senate, but Sheila’s time ly we will have some votes this week- left the Senate, Nancy transitioned to started long ago—and I am not going end. Everyone should understand that. the Sergeant-at-Arms office where she to talk about how long ago, but she If we can work a way not to have them, worked as liaison to Democratic Sen- was a Senate page during the time, of we will not, but I want everybody on ators and their offices. When I became course, when she was in high school. notice that if they are not here this leader and it was time for selecting a But after her semester as a page, she, weekend, they could miss votes. new secretary, I didn’t look very far. I like all these young pages who are here f urged her to consider the position. I am for a semester, returned home to Con- necticut. She loves to boast about the TRIBUTE TO NANCY ERICKSON glad she did. I have not regretted that decision, not for a second. She has great State of Connecticut, and I have Mr. REID. Mr. President, when the proven herself to be an excellent man- listened to her do that for many years. Senate convened for the first time in ager. But her heart has always been with the April of 1789, there was a lot to do—and Nancy has 26 departments and about Senate from the time she was a page, that is an understatement—not the 250 employees directly under her super- and so she returned after her edu- least of which was to establish a sys- vision, not to mention the other 6,500 cation. tem of rules to govern proceedings in Senate employees who depend on her Sheila got a degree from Suffolk Uni- the U.S. Senate. The first few weeks and her office. She has been faced with versity. She returned to the Senate in and months were going to be difficult, some difficult times during her tenure many different capacities, but we have as they tried to sort out the structure as Secretary of the Senate. There has had wonderful conversations about her and organization of this institution, been a lot of roiling—sequestration, a time with Chuck Robb. She is a family but they had an idea. Two days after new health care rollout, and, of course, friend of the Robbs—and I mean a fam- achieving its first quorum, the Senate last year’s shutdown. She has con- ily friend—very close to them. She selected a Secretary to oversee the fronted each difficult obstacle with later worked for Senator Daniel Pat- day-to-day operations of what would skill, composure, and that wonderful rick Moynihan. become the world’s greatest delibera- smile that she has. I talked to his widow within the past tive body. Nancy’s success as Secretary stems couple of weeks. What a unique man The importance of this position can’t not only from her excellent abilities Senator Moynihan was. There is a new be overstated. Senators and their staffs but also from her character. She is a book out about him, and I have asked come and go, but the Secretary of the genuinely good person and she is very my staff to get a copy of it, which Senate provides much needed stability thorough, very thoughtful—I have al- talks about this unusual man. I am and support. To put things into per- ready said that; very kind—I have al- anxious to read it because he was bril- spective, in the entire history of this ready said that; very understanding—I liant, but also he had a few—he was ec- country—225 years—we have only had have already said that; and something centric in some ways. And Sheila loves 32 Secretaries of the Senate. By con- I haven’t said, she is very fair. to tell privately—and I will not repeat trast, there have been almost 2,000 Sen- Whether she walks the halls here or here on the floor—some of the things ators who have served since its incep- on the Senate floor, she always has a he did that would appear to a lot of us tion. That number will grow, of course, smile every place she goes. I have said to be a little bit eccentric. But that come January. that many times. That is her legacy, was part of his unique quality and she For the last 8 years, Nancy Erickson and it is a good legacy. I have never— handled him so well—as well as anyone has served superbly as Secretary of the never might be an exaggeration, but could. Senate. But to be quite honest, that is extremely rarely—heard her criticize She worked for another man with a what we expected her to do when she anyone. huge personality: Senator Fritz Hol- got this job. Nancy’s time as Secretary of the lings. He would, even though he is over I came to know Nancy when I was the Senate is coming to an end and she will 90 years old, still be here in the Senate assistant leader, and a friend and con- be greatly missed. She has attended to except his wife became ill. He is phys- fidant of Senator Daschle. Every time I the Senate’s every need, day and night. ically strong today, bright of mind, and walked in that office, there she was, al- She has earned a break, and I hope she I can hear this man’s voice from where ways so very, very nice. She was a takes one. I hope she gets to spend he stood. What a voice he had, a man pleasant person. She was always smil- some time with her husband Tom, her who was the epitome of what a Senator

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.001 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6469 should look like. He was a handsome lowing strict Capitol protocols as to proud of as he looks back at a storied man. I repeat, he had this great voice, who could go where and what we could career here in Congress. and he was very tall, stood very erect. do in the places we went. But she had We are talking about one of our Na- I was always very envious of how he a secret weapon, and that was she. She tion’s top experts on intelligence and could stand so tall, and he has such a didn’t know it, but that was the secret national security. We are talking about sense of humor that is quite remark- weapon. She took care of every possible a standout champion for the men and able. Sheila is his friend. She visits problem and coordinated every single women of our military. We are also him in his home in South Carolina detail, even down to a makeshift con- talking about a Senator who became now, and she has helped me keep in cession stand in the lobby. It was a chair of the Agriculture Committee touch with Fritz Hollings. wonderful event, a marvelous event, just 2 years into his first term. That is Then she worked for me. I was so for- because for the briefest moment it really quite an accomplishment. But tunate. I was looking for someone to do brought the Senate together in the once you get to know SAXBY, it isn’t my fundraising during a very difficult spirit of unity that we haven’t had in all that surprising. election I had before me. I knew who I some time. It all happened because of Before he came to Congress, SAXBY wanted, but I didn’t know that I could her. was a smalltown ag lawyer. He still get her. Well, we worked things out. She is very devoted to her family, her lives in a rural area—a peanut and cot- And it wasn’t just because I offered her mom Lois, about whom she has talked ton-farming region far removed from more money, it was because she wanted endlessly, and of course her deceased the bright lights of Atlanta. SAXBY has to work with me, and I am so happy father. I was trying to help in com- a feel for the issues that could only be that came to be. forting her as I could when she lost her acquired from actual on-the-ground ex- For 14 years, she has been part of my mom Lois. I can’t imagine how proud perience. He understands the real- team—and I mean part of my team. her parents would be—and are, from world impact of what we discuss here During that entire time, she has done wherever they are, looking down on in Washington, and he cares. an incredible job doing my Senate busi- us—at the work that Sheila has done in On top of that, he has the disciplined ness as a candidate. Doing Senate busi- her life. I know how proud I am of her work ethic of a minister’s son—which ness here as the Assistant Secretary, now, as she prepares to move on to her makes sense, because he is one. SAXBY she has been the best. next chapter of life, and I will do every- is usually the first guy to raise his So after having worked for the Sen- thing I can to help that chapter be a hand when there is an assignment no ators I have mentioned, including me, good one. I wish her the best. one else wants. That is what we saw for when the time came to fill the role of I, along with the entire Senate, him on the Gang of 6, a politically dif- Assistant Secretary of the Senate, she thank her for the steadfast diligent ficult and work-intensive committee if was a perfect candidate, and in this po- service she has rendered as Assistant there ever was one. sition she has not disappointed me Secretary for the last 8 years. But SAXBY came here to get things once. Sheila has a dog she loves, little Ava, done—not to posture. He takes on Everyone who has ever worked with and I hope she takes that little dog on projects with the kind of drive and Sheila knows she is a meticulous plan- a trip to have a good time. I am sure courage we don’t often see. ner. If you want something done—an she will. How courageous is SAXBY? Well, he event—and done right—and I mean On a personal note, I wish to say pub- accepted an invitation to go quail done right: help setting up the pro- licly how much she has meant to me. hunting with Vice President Cheney, gram, what the flowers are going to She has been really a part of my family and he lived to tell the tale. The senior look like, what the food is going to be, the last 15 years. As most everyone Senator from South Carolina remem- what time it should start, what time it knows, my wife was involved in a real- bers the trip very well. He had to be should end—and she is very, very pre- ly bad accident. Who was there? Sheila. persuaded by SAXBY to come. He still cise on when it should start and when Battling, as she did for 11⁄2 years, rav- suspects that SAXBY’s real motive was it should end—we learned that last aging breast cancer, who was there? I to give Cheney a second target. night during a farewell for a number of would come home after having been un- It wasn’t the only time SAXBY cheat- Democratic Senators—she really spares able to do the things around the house. ed death with the Vice President. no effort, leaves no detail unattended. I would have a refrigerator full of food. Lindsey recalls a meeting in Baghdad Her time here in the Secretary’s of- Not junk—it was wonderful food. She with SAXBY, JOE BIDEN, and the Iraqi fice has been a smashing success. It is did that not once, not twice, but many, Prime Minister. Afterward, they not easy to attend to the needs of 100 many times. She is my friend—my for- boarded a plane and came under fire. Senators—100 Senators—Democrats, ever friend. Here is what SAXBY said: ‘‘I guess the Republicans, Independents, their fami- She interacts with my children as if meeting didn’t go that well.’’ lies and staffs, but Sheila handles it they were her siblings. She knows ev- So SAXBY is a comedian. But he is with skill and with grace. That is why erything about them. So even though I also courageous. He is also persuasive. many call her the ‘‘Mayor of Capitol will not see her at work every day, as He is really good at getting his way. It Hill,’’ and for good reason. I have for 14 or 15 years, she will al- is kind of what we would expect from a Whether she is escorting the Presi- ways be part of my life. former door-to-door fruitcake sales- man. After hawking loaves of spiced dent’s daughter to the inauguration po- f dium in her bright pink coat, or plan- dough, there is not much SAXBY can’t ning a ceremonial dinner in Statuary RECOGNITION OF THE MINORITY sell at this point. Hall, Sheila does the job exceptionally LEADER We know he was persuasive enough well. The ACTING PRESIDENT pro tem- to convince Julianne to marry him. Just one example, 2 years ago the pore. The Republican leader is recog- SAXBY and Julianne met at the Univer- Senate hosted the screening of Steven nized. sity of Georgia. She was Sigma Chi’s Spielberg’s now legendary film, ‘‘Lin- f pledge-class sweetheart—and she soon coln.’’ There were some real big-shots became SAXBY’s sweetheart. The there. Spielberg, Daniel Day Lewis, the TRIBUTE TO SAXBY CHAMBLISS Chamblisses have been inseparable ever guy that wrote the script—they were Mr. MCCONNELL. Mr. President, I since. all there. So there were, frankly, a lot wish to say a few words about my Now, just in case SAXBY ever becomes of prima donnas there, including of friend and colleague, Senator SAXBY his own category on Jeopardy, here is course all the Senators. So it was an CHAMBLISS. an interesting piece of trivia. The exceptionally difficult feat to pull off, SAXBY, as we all know, is the ulti- president of the same pledge class be- coordinating attendance for 100 Sen- mate southern gentleman. He is a man came SAXBY’s Democrat challenger in ators who all wanted to go to see these of his word. He is blessed with the 2008. The two fraternity brothers are famous people. charm and the drawl only a Georgian still friendly. Here is how this gen- She was preparing a panel discussion could possess, and he is far too modest. tleman remembered SAXBY from col- for the cast and crew, all while fol- He shouldn’t be. He has a lot to be lege. He said he ‘‘looked old.’’

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.003 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6470 CONGRESSIONAL RECORD — SENATE December 10, 2014 Well, Julianne fell for him anyway, PROTECTING VOLUNTEER FIRE- Our bill includes hundreds of impor- and it is a good thing she did. This FIGHTERS AND EMERGENCY RE- tant provisions to authorize the activi- former schoolteacher is better than SPONDERS ACT OF 2014 ties of the Department of Defense and anyone at keeping him centered, and The ACTING PRESIDENT pro tem- to provide for the well-being of our she has even taught students who pore. Under the previous order, the men and women in uniform and their would go on to serve on SAXBY’s staff. Senate will resume consideration of families. The bill will enable the mili- So it is really quite a partnership. the message to accompany H.R. 3979, tary services to continue paying spe- SAXBY says that the most significant which the clerk will report. cial pay and bonuses needed for re- moment of his life is when he met The assistant legislative clerk read cruitment and retention of key per- Julianne. as follows: sonnel. It strengthens survivor benefits for disabled children of servicemembers That is really something when we Motion to concur in the House amendment consider how much he loves golf. Last to the Senate amendment to H.R. 3979, an and retirees. It includes provisions ad- year, SAXBY sank a hole in one squar- act to amend the Internal Revenue Code of dressing the employment of military ing off against the leader of the free 1986 to ensure that emergency services vol- spouses, job placement for veterans, world—that is, the President of the unteers are not taken into account as em- and military child custody disputes. It United States. He has a signed flag to ployees under the shared responsibility re- addresses military hazing, military prove it. quirements contained in the Patient Protec- suicide, post-traumatic stress disorder, tion and Affordable Care Act. But golf is more than just a hobby and mental health problems in the Pending: for SAXBY. It is a way to get things military. It provides continuing impact done. More than most people around Reid motion to concur in the amendment to support military families and local here, he understands the value of rela- of the House to the amendment of the Senate school districts. to the bill. The bill includes 20 provisions to con- tionships. He is good at whipping votes Reid motion to concur in the amendment and picking up intel from both ends of tinue to build on the progress we are of the House to the amendment of the Senate starting to make in addressing the the Capitol. He works across the aisle, to the bill, with Reid amendment No. 3984 (to and he is unafraid to stand up when the amendment of the House to the amend- scourge of sexual assault in the mili- something needs to be said. ment of the Senate to the bill), to change the tary. Key provisions will eliminate the enactment date. so-called good soldier defense, give vic- That is the thing about SAXBY. He Reid amendment No. 3985 (to amendment tims a voice in whether their case is doesn’t say a lot, but when he does, you No. 3984), of a perfecting nature. prosecuted in military or civilian know it is significant. You know there Reid motion to refer the message of the courts, give victims the right to chal- is a lot of careful thought behind it. House on the bill to the Committee on lenge court-martial rulings that vio- SAXBY is a serious legislator who ap- Armed Services, with instructions, Reid late their rights at the court of crimi- proaches his role as vice chairman of amendment No. 3986, to change the enact- nal appeals, and would strengthen the the Intelligence Committee in that ment date. Reid amendment No. 3987 (to (the instruc- psychotherapist-patient privilege. Last frame. SAXBY learns things on that tions) amendment No. 3986), of a perfecting week we received the welcome news committee that would keep anyone up nature. that the number of incidents of un- at night. It is a grave responsibility. Reid amendment No. 3988 (to amendment wanted sexual contact in the military But SAXBY is perfectly suited to it. He No. 3987), of a perfecting nature. is down and that more incidents are has always stood proudly in defense of The ACTING PRESIDENT pro tem- being reported so victims can receive our Nation. pore. The Senator from Michigan. the care and assistance they need and We are going to miss his sharp wit, Mr. LEVIN. Mr. President, I am perpetrators can be brought to justice. his integrity, and his judgment. pleased to join with Senator INHOFE, With the enactment of the legislation I know SAXBY’s staff is going to miss the ranking Republican on the Senate before us and the commitment of mili- him, too. Some of them have been with Armed Services Committee, to bring to tary leaders, we hope to build on these him since his days in the House. Well, the floor H.R. 3979. This is the agree- trends. the Senate’s loss is the Chambliss fam- ment between the Armed Services The bill provides continued funding ily’s gain. Committees of the Senate and House and authorities for ongoing operations I know SAXBY is looking forward to on the National Defense Authorization in Afghanistan and for our forces con- spending more time with Julianne. I Act for Fiscal Year 2015. The House of ducting operations against the Islamic know he can’t wait to trade the title of Representatives passed the bill last State in and Syria called ISIS. Senator for a new one—Big Daddy. It is week by a vote of 300 to 119. If we suc- As requested by the administration, what his grandkids call him. He can’t ceed in the Senate, it will mark the it authorizes the Department of De- wait to see more of them. They are the 53rd year in a row that we have enacted fense to train and equip vetted mem- reason he works so hard here—to build this bill that is so essential to the de- bers of the moderate Syrian opposition a better future for them, for the next fense of our Nation and to our men and and to train and equip national and generation. women in uniform and their families. local forces who are actively fighting SAXBY will have plenty of stories to I thank all the members of the staff ISIS in Iraq. It establishes a counter- share when he leaves, such as when he of the Senate Armed Services Com- terrorism partnership fund that pro- hit that hole in one, when he threw out mittee, especially our subcommittee vides the administration new flexi- the first pitch for the Braves, and when chairs for the hard work they have bility in addressing emerging terrorist he made the cover of Peanut Patriot done to get us to the finish line on this threats around the world. In addition, Magazine. bill. I thank Senator INHOFE for his the bill extends the Afghanistan Spe- So SAXBY has obviously had a long close partnership. Before this Congress cial Immigrant Visa Program, pro- and interesting career. He deserves I had been fortunate to serve with a se- viding for 4,000 new visas, and address- some time to focus on his family. We ries of Republican chairmen and rank- es a legal glitch that precluded mem- thank him for his dedication to this ing members, including JOHN MCCAIN, bers of the ruling parties in Kurdistan body and to the people he represents, , and Strom Thurmond. from receiving visas under the Immi- and we send him every wish for a re- They understood and appreciated the gration and Nationality Act. tirement filled with joy and happiness. traditions of our committee and the The authority provided in this bill to Mr. President, I yield the floor. importance of the legislation we enact train and equip local forces in Iraq and every year for our men and women in Syria to take on ISIS is particularly f uniform. That is what this is all about. important because our military leaders JIM INHOFE, our ranking Republican in and intelligence experts have uni- this Congress, has upheld that tradi- formly told us airstrikes alone will not RESERVATION OF LEADER TIME tion of bipartisanship and dedication to be sufficient to defeat ISIS. American The ACTING PRESIDENT pro tem- enacting this important legislation air power has changed the momentum pore. Under the previous order, the through particularly challenging cir- on the ground somewhat and given leadership time is reserved. cumstances. moderates in the region an opportunity

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.005 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6471 to regroup, but ISIS cannot be defeated spond to the serious threat posed to maintains that the Army should be without an opposing force to take the U.S. interests by cyber attacks. able to achieve needed savings and fight to it on the ground. To do that, With regard to military compensa- meet mission requirements without our Arab and Muslim partners must be tion reform, we adopted a number of transferring Apaches from the Reserve in the lead because the fight with ISIS proposals to slow the growth of per- components to the Active Army. is primarily a struggle within Islam for sonnel costs in fiscal year 2015, as need- Our bill establishes an independent the hearts and minds of Muslims. ed to enable the Department of Defense commission on the future of the Army Training and equipping our moderate to begin to address readiness shortfalls to examine Army force structure and Muslim allies gives us a way to move in a fiscal environment constrained by make recommendations as to the best beyond the use of air power to support sequestration-level budgets, while de- way forward for Army helicopters. Be- them in this fight. ferring further changes to be made in cause the Army needs the savings gen- Our bill takes steps to respond to future years if sequestration is not ade- erated by the helicopter restructuring Russian aggression in Ukraine by au- quately addressed. now, the bill would allow the transfer thorizing $1 billion for a European Re- In particular, the Department re- of 48 Apache helicopters—as called for assurance Initiative to enhance the quested pay raises below the rate of in- in both the Army plan and the alter- U.S. military presence in Europe and flation for 5 years. This bill provides a native National Guard plan—before the build partner capacity to respond to se- pay raise below the rate of inflation for commission reports. Additional trans- curity threats, of which no less than fiscal year 2015, deferring decisions on fers would depend on the recommenda- $75 million would be committed for ac- future pay raises to later bills. The De- tions of the commission and subse- tivities and assistance to support partment requested that we slow the quent Department or congressional ac- Ukraine by requiring a review of U.S. growth of the basic allowance for hous- tion. and NATO force posture, readiness and ing by permitting adjustments below Sequestration is damaging enough to contingency plans in Europe and by ex- the rate of inflation for 3 years. This our military, but the damage will be pressing support for both nonprovoca- bill would slow the growth of the basic far worse if we insist that the Depart- tive defense military assistance—both allowance for housing for fiscal year ment conduct business as usual with- lethal and non lethal—to Ukraine. 2015, deferring decisions on future in- out regard to the changed budget cir- The bill adds hundreds of millions of creases to later bills. The Department cumstances. The budget caps imposed dollars in funding to improve the readi- requested that we gradually increase by sequestration mean that every dol- ness of our Armed Forces across all copays for TRICARE pharmaceuticals lar we choose to spend on a program branches—Active, Guard, and Re- over 10 years. This bill includes a pro- that we refuse to cancel or reduce has serve—to help blunt some—and I em- portionate increase in copays for fiscal to come from another higher priority phasize some—of the negative effects of year 2015, deferring decisions on future program. Our senior military leaders sequestration. It includes provisions increases to later bills. have told us that this will mean planes increasing funding for science and These are not steps any of us want to that can’t fly, ships that can’t sail, and technology, providing women-owned have to take; however, the Budget Con- soldiers, sailors, airmen, and marines small businesses the same sole-source trol Act of 2011 cut $1 trillion from the who are not properly trained and contracting authority that is already planned Department of Defense budget equipped for the mission we expect available to other categories of small over a 10-year period. Our senior mili- them to accomplish. As the Vice Chair- businesses, expanding the No Con- tary leaders told us they simply cannot man of the Joint Chiefs of Staff told us tracting With the Enemy Act to all meet sequestration budget levels with- in January, sending troops into harm’s government agencies and requiring out structural changes—canceling pro- way without training, equipment, or governmentwide reform of information grams, retiring weapon systems, and the latest technology is a breach of technology acquisition. Although we reducing the growth in benefits—to re- trust with the troops and their fami- were unable to bring the Senate-re- duce the size and cost of our military. lies. ported bill to the floor for amendment, A year and a half ago when seques- The painful measures included in this we established an informal clearing tration was first triggered, the Chair- bill are just a downpayment on the process pursuant to which we were able man of the Joint Chiefs of Staff testi- changes that will be needed if seques- to clear 44 Senate amendments—rough- fied that sequestration ‘‘will severely tration is not repealed. Delaying these ly an equal number of Democratic and limit our ability to implement our de- changes will only make the pain worse Republican amendments—and include fense strategy. It will put the nation at later on while damaging the readiness them in the new bill which is before us. greater risk of coercion, and it will of our troops to carry out their mis- I am pleased the bill also includes a break faith with men and women in sions when we call upon them. half dozen provisions to address the uniform.’’ At a hearing this spring, he I am disappointed that we were un- growing cyber threat to critical infor- told us that ‘‘delaying adjustments to able to make further progress in this mation systems of the Department of military compensation will cause addi- bill toward the objective of closing the Defense and the Nation. One provision tional, disproportionate cuts to force detention facility at Guantanamo, which was added to the bill was the structure, readiness, and moderniza- Cuba. The Senate committee-reported Levin-McCain amendment, which re- tion.’’ bill included a provision that would quires the President to identify nations The Department of Defense budget have allowed the Department of De- that engage in economic or industrial proposal also proposed to retire several fense to bring Gitmo detainees to the espionage against the United States weapon systems in an effort to meet se- United States, subject to a series of through cyber space and provides au- questration-level budget ceilings. For legal protections, for detention and thority to impose trade sanctions on example, the Department proposed to trial. The provision also included an persons determined to be knowingly take half of the Navy’s fleet of cruisers amendment—this is the provision in engaged in such espionage. out of service and to retire the Army’s the Senate committee-passed bill— A second provision which arose out of entire fleet of scout and training heli- which was offered by Senator GRAHAM a committee investigation of cyber copters. With regard to Navy cruisers, that would require the President, be- threats to the Department of Defense our bill allows the Navy to take two fore authorizing the transfer of any de- requires the Secretary of Defense to es- cruisers out of service this year, defer- tainees to the United States, to present tablish procedures for identifying con- ring a decision on additional ships a plan to Congress and that Congress tractors that are operationally critical until next year’s budget. With regard would be afforded an opportunity to to mobilization, deployment or to Army helicopters, the National disapprove the plan using expedited sustainment of contingency operations Guard objected to the plan to consoli- procedures. It would have been a joint and to ensure that such contractors re- date Apache attack helicopters in the resolution. port any successful penetrations of Active component so they can operate I continue to believe the Gitmo facil- their computer networks. Much more at the higher operational tempo needed ity undermines our interests around remains to be done, but these are im- to both fill their own mission and re- the world and has made it more dif- portant first steps as we begin to re- place the Kiowa mission. The Guard ficult to try to convict the terrorists

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.007 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE December 10, 2014 who are detained there, and I am dis- Democrats and vice versa—at least went up to December 26 be- appointed that the House leadership re- those are the flames they try to fan— fore we finally passed it. fused to consider this provision even and that is not true. It would really be a disaster if we with the Graham amendment. I can only think of two issues on didn’t pass it. People don’t realize that Finally, our bill includes a lands which Senator LEVIN and I disagreed if we don’t pass this bill—our last package that Senator INHOFE and I with each other. He has been through chance is this week because the House agreed to include based on the bipar- 16 of the NDAAs as either chairman or will be out of there. There will be no tisan, bicameral request of the com- ranking member. I am sure that is way to have amendments or change mittees of jurisdiction and the over- some kind of a record. But to work anything now from the product we whelming support of our colleagues. with someone who you know will be to- have. We already have a lot of the The contents of the lands package were tally honest with you even when you amendments in, but we can’t make worked out by the House Natural Re- have a difference of opinion is really a changes to them. We can’t have an- sources Committee and the Senate En- joy. I hope we can be an example for other bill because we have run out of ergy and Natural Resources Com- some of the other committees that time. It will not happen unless it hap- mittee, which will be managing that don’t have that much joy when they pens with this bill. I know a lot of peo- part of the bill on the Senate floor. We are working on an issue. ple would prefer to have something have been assured that all provisions The long history he has had here and else, although I know this bill is going to pass by a large margin. It is a good have been cleared and that the package the integrity he has expressed will be sorely missed, I have to say to my good bill. has been cleared by the chairmen and People wonder what would happen if friend Senator LEVIN. ranking minority members of the rel- we didn’t pass this bill. It would be a evant committees. As Senator LEVIN said, we will have to get to the bill before we leave. This disaster. Enlistment bonuses—a lot of Mr. President, I ask unanimous con- these kids have been over there serv- bill has passed for 52 consecutive years, sent that a full list of the names of our ing, and they have been told they will and that really says something. But majority and minority staff members, have certain things, and one of them is each year there is always a problem. who have given so much of themselves the bonuses. Well, all of a sudden, on The comment that was made on the and their families, be printed in the December 31, if we don’t have a bill, land package—I think the process is RECORD at this point. those expire and those kids will not wrong regardless of the merits of the There being no objection, the mate- have enlistment or reenlistment bo- bill. As was pointed out by Senator rial was ordered to be printed in the nuses. RECORD, as follows: LEVIN, it was supported in a bipartisan The incentives are important in Peter K. Levine, Staff Director, John A. way by all the appropriate committees; order to keep troops with critical Bonsell, Minority Staff Director, Daniel C. however, that is not us, that is them. skills. We hear a lot about the SEALs Adams, Minority Associate Counsel, Adam J. The process should not allow others to and the great work they do. These crit- Barker, Professional Staff Member, Steven come in on this bill, so I think it is ical skills incentives will go away on M. Barney, Minority Counsel, June M. flawed. I don’t think it will happen December 31. Borawski, Printing and Documents Clerk, again. I really don’t. There is also incentive pay for pilots. Leah C. Brewer, Nominations and Hearings I talked to the people who will be in- I have researched this because there is Clerk, William S. Castle, Minority General volved in next year’s NDAA, which, by Counsel, John D. Cewe, Professional Staff a lot of competition out there for our Member, Samantha L. Clark, Minority Asso- the way, we will start working on in pilots—pilots for heavy vehicles, as ciate Counsel, Jonathan D. Clark, Counsel, February of next year. well as strike fighters. Right now there Allen M. Edwards, Professional Staff Mem- I will go over a couple of other rea- is a competition with the airlines. Ev- ber, Jonathan S. Epstein, Counsel, Richard sons why we have to get this bill done. eryone wants to hire these guys, so W. Fieldhouse, Professional Staff Member, As I said, we have done this for 52 con- there is competition out there. All of a Lauren M. Gillis, Staff Assistant, Thomas W. secutive years, and I am sure we are sudden the flight pay would come out Goffus, Professional Staff Member, going to be able to get this done. on December 31 if we don’t pass this Creighton Greene, Professional Staff Mem- We passed this bill out to the floor bill, and that means we will lose some ber, Ozge Guzelsu, Counsel, Daniel J. Harder, from our committee—the committee Staff Assistant, Alexandra M. Hathaway, of these guys. It is a $25,000-a-year Staff Assistant, Ambrose R. Hock, Profes- chaired by Senator LEVIN—on May 23, bonus for these guys over a 10-year pe- sional Staff Member, Gary J. Howard, Sys- the day after it was done in the House riod, so it is $250,000. However, for each tems Administrator. committee. So we were ready to do this one who decides not to come back—to Michael J. Kuiken, Professional Staff way back in May, and the problem was retrain someone to the status of an F– Member, Mary J. Kyle, Legislative Clerk, we could not get it on the floor. 22 would cost about $17 million. We are Anthony J. Lazarski, Professional Staff I can remember coming down to the looking at bonuses that might be Member, Gerald J. Leeling, General Counsel, floor with Senator LEVIN and begging $25,000, but the alternative, if we don’t Daniel A. Lerner, Professional Staff Member, people to bring amendments to us. We Gregory R. Lilly, Minority Clerk, Jason W. get this done by December 31, would Maroney, Counsel, Thomas K. McConnell, have to have amendments down here cost $17 million for each pilot who Professional Staff Member, Mariah K. McNa- because we can’t expect the leader to needs to be trained. So that is very sig- mara, Special Assistant to the Staff Direc- bring this to the floor unless we know nificant. We have skill incentive pay tor, William G. P. Monahan, Counsel, Natalie people will work with us on amend- and proficiency bonuses for all of M. Nicolas, Minority Research Analyst, Mi- ments. So eventually they did bring those. So that singularly would be chael J. Noblet, Professional Staff Member, amendments, and we responded. We enough reason to say we have to have Cindy Pearson, Assistant Chief Clerk and Se- had many amendments. I don’t remem- it; we just can’t do without it. Stop- curity Manager, Roy F. Phillips, Profes- ber exactly how many amendments sional Staff Member, John H. Quirk V, Pro- ping all military construction, which fessional Staff Member, Brendan J. Sawyer, were put forth, but I do remember we would be on December 31. Staff Assistant, Arun A. Seraphin, Profes- considered and put 47 amendments into One of the areas where the chairman sional Staff Member, Travis E. Smith, Chief this package—we did it through the big and I disagree is on Gitmo. We have Clerk, Robert M. Soofer, Professional Staff four method, which was the only thing had a friendly and honest difference of Member, William K. Sutey, Professional left for us to do—47 amendments di- opinion on that. I look at Gitmo as one Staff Member, Robert T. Waisanen, Staff As- vided almost equally between Repub- of the few resources we have that is a sistant, Barry C. Walker, Security Officer. licans and Democrats. We considered good deal for government. We have had Mr. LEVIN. I thank the Presiding Of- those amendments and put them in as it since 1904 and it only costs us $4,000 ficer and yield the floor. a part of the bill. and half the time Cuba forgets to The ACTING PRESIDENT pro tem- Of course, despite pushing for months charge us, so it is a pretty good deal. pore. The Senator from Oklahoma. that the NDAA be considered under There is no place else we can put, in Mr. INHOFE. Mr. President, first, I regular order, which we should have my opinion, the combatants. People have to say what a joy it is to work done, we find ourselves in the unfortu- say bring them back to the United with Senator LEVIN. I know the public nate situation we are in today. It is States. The problem is if we inter- thinks that no Republicans like any reminiscent of last year. Last year we mingle prisoners at Gitmo with the

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.009 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6473 prison population—these people at decades and we have to go toward a bill, I would have still voted for it. But Gitmo are not criminals, they are peo- more modern vehicle, and we do have the process is wrong, and I think we all ple who teach terrorists. So there are a on the books that we will continue to understand that. We did the best we lot of arguments against bringing do that, working with the KC–46. So could. Gitmo prisoners to the United States. several others—some improvements to We have these things that are going That in itself would be a 2-hour speech, the workhorse of the military, the C– on right now, and I think we can’t take so I will not get into it now. 130 aircraft, and other vehicles. a chance on not having or, for the first There are some areas where the Without this bill, we are going to time in 53 years, not passing an NDAA chairman and I disagree and there were have to stop some of these projects, so bill by the end of the year. It would be a lot of compromises because we knew think about the cost. We are in the a crisis. The system could be criticized we had to have the bill. If we don’t pass midst of contracts right now that we for the way it happened. Considering this bill, there will be no European Re- could be in jeopardy of losing. that we passed our bill out of the com- assurance Initiative to stand up The construction on military and mittee on May 23, we should have had against Russian aggression. I shouldn’t family housing is there. It is very sig- it on the floor. We should have had it have done this because I was on the nificant. done in regular order. We will do every- ballot this year for reelection, but for So I think all of these pieces—and thing we can in the future to try to the week prior to our election, I went one piece I think people are interested make that happen. For two consecutive over to see what was happening in in is this will end the reliance on Rus- years now we have not been able to do Ukraine because Ukraine was having sian-made rocket engines. We hear a that. We have had to go through the their elections the week before we had lot about that. This bill includes a system of what they call the Big our elections. Not many people are timeframe for when the current con- Four—the chairman and ranking mem- aware that in Ukraine, Poroshenko— tracts run out, so that we are going to ber of the House and the chairman and what happened in their election in be developing our own rocket engine. I ranking member of the Senate—to pass Ukraine, a political party cannot have have heard from a lot of outside ex- this bill. I think in this case we have a seat in Parliament unless they get 5 perts. Tom Stafford is one of the fa- come up with a good bill. We have been percent of the vote. The vote took mous astronauts from Oklahoma. He able to incorporate 47 of the amend- place 1 week before our vote. This will and I have talked at length about what ments that have come from those that be the first time in 96 years that the we are going to be able to do with some were filed to be added on the floor. So Communist Party will not have one of these rocket engines. So I think this we have done the best we can. There is seat in Parliament. That is amazing. is enough reason why we have to do no other alternative now when we con- We have to understand what is hap- this, and I think everyone realizes sider what will happen if for some un- pening with Putin. that. known reason this would be the first I also went to Lithuania and Estonia We have heard a lot of talk that year in 53 years that we don’t have an and Latvia and those areas in the Bal- frankly is not true. Unfortunately, NDAA bill. tics. That is another problem we have. there are some groups that are kind of I will just repeat what I started off They want to give us the assurance antimilitary groups that came out with; that is, what a joy it has been to that it is not just Putin in Ukraine, with some statements that weren’t work with CARL LEVIN over these years but they are becoming aggressive. I true and some of the talk show hosts I in the capacity of either the chairman coined the term for what Putin is try- admire were given information that or the ranking member of the Senate ing to do, ‘‘de-Reaganize’’ Europe, to wasn’t quite as accurate as it should Armed Services Committee. He will be try to take out all the freedoms that have been. sorely missed. Oddly enough, we also were there and try to put a coalition Right now, if we can think of no have the same situation happening together. That is a huge issue, and it is other single major reason to pass this over on the House side with BUCK addressed in this bill in a very aggres- bill, it is to take care of those individ- MCKEON. I served with him when I sive way with the reassurance initia- uals who are in the field right now who served in the House. He is going to be tive. are fighting. We have the exact count, retiring after this year as well. So we Also, if we don’t pass this bill, we to make sure we use accurate figures. have two retiring chairmen of what I would not have the Counterterrorism As of today, 1,779,343 troops in the field consider to be the most significant Partnership Fund, which I think we are or enlisted personnel. These are the committees in Washington. all aware is so necessary with ISIL on ones who can be affected, 1.8 million of We are going to continue to work to- the rampage they are pursuing. them. We would be reneging on the gether for the rest of this bill. We have So we have a lot of provisions. I commitments we have made to them. a good bill, and we are going to uphold think the chairman did a good job of We have heard criticism that we are our obligation to the 1,779,343 enlisted covering them. A couple of them per- somehow cutting their benefits to put personnel in the field. We are not going haps might have been overlooked or in a land package. That just isn’t true. to let them down. that I might add for my own personal We don’t need to talk about this be- I yield the floor. interests. One is the support of the Air- cause that is not our committee. That The ACTING PRESIDENT pro tem- craft Modernization Program. Histori- is the committee referred to by the pore. The Senator from Michigan. cally, we have always had the best of chairman in his remarks—the Energy Mr. LEVIN. Mr. President, first let everything, but now when we look at and Natural Resources Committees of me thank Senator INHOFE for his China and at Russia and what they are the House and the Senate. But it is friendship, most importantly, but also doing, it is a very difficult situation for budget neutral. Over a 10-year period, for the great partnership we have en- us. We had the F–22; the President ter- the CBO says it is budget neutral. So joyed. It has been a real pleasure work- minated that program his first year in there is no legitimate argument that ing with the Senator from Oklahoma. I office. So now we have all of our eggs we are using any of the funds that should perhaps also say we are con- in the basket in terms of the strike ve- would otherwise go to the military on fident our successors will carry on this hicles and the F–35. A lot of people the land package. tradition as well. Senator MCCAIN, the don’t like the F–35, but that is what we I have to say the process was wrong. new chairman, and Senator JACK REED have to have and that is in this bill to We have done this in the past and we will be the new ranking member and continue with that. are not going to do it again. We they will be carrying on this tradition The E–2D surveillance aircraft is one shouldn’t have had a land package that we have done everything we know very few people know about. It is one come in that has nothing to do with de- how to do to maintain. of the ugliest airplanes in the sky, but fense, but nonetheless it is there. I was I wish to again thank my good friend it is one that is necessary for surveil- offended by the process. Frankly—I JIM INHOFE and his staff who worked so lance and other functions of govern- have to confess, and it is good for the well with the staff on this side. We talk ment. soul, I guess—I thought after reading about this side of the aisle and that We have the KC–46 tanker aircraft. it, it was a pretty good bill. If it would side of the aisle. In this bill obviously We have been using the KC–135 now for have been brought up outside of this there will be differences—very rarely,

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.011 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6474 CONGRESSIONAL RECORD — SENATE December 10, 2014 by the way, on a partisan basis, even My goal from the start has been two- I believe it accomplishes the goals I when there are differences. But the fold. First, I have been committed to laid out and it tells the story that aisle sort of disappears when it comes correcting the public record on the needs to be told. to the Defense authorization bill, and CIA’s multiple misrepresentations to It also represents a significant and that is the way it should be. the American people, to other agencies essential step for restoring faith in the I yield the floor. in the executive branch, the White crucial role of Congress to conduct Mr. INHOFE. Mr. President, let me House, and to Congress. Second, my oversight. Congressional oversight is reclaim my time just to make one goal has been to ensure that the full important to all of government’s ac- other comment. The two people who truth comes out about this grim time tivities, but it is especially important are sitting here, Peter Levine on your in the history of the CIA and of our Na- for those parts of the government that side and John Bonsell on our side, their tion so that neither the CIA nor any fu- operate in secret, as the Church Com- compatibility in working together is ture administration repeats the griev- mittee discovered decades ago. The also unprecedented. It doesn’t happen ous mistakes this important oversight challenge the Church Committee mem- very often. I can’t speak for the Sen- work reveals. bers discovered are still with us today: ator from Michigan, but I can speak for The process of compiling, drafting, how to ensure that secret government myself, to say that without these two redacting, and now releasing this re- actions are conducted within the con- working together I sure could not have port has been much harder than it fines of the law. The release of this ex- participated in a meaningful way. So I needed to be. It brings no one joy to ecutive summary is testament to the thank them as well. discuss the CIA’s brutal and appalling power of oversight and the determina- Mr. LEVIN. The Senator from Okla- use of torture or the unprecedented ac- tion of Chairman FEINSTEIN and the homa is speaking for both of us, I can tions that some in the intelligence members of this committee to dog- assure him, with his comments and so community and administration have gedly beat back obstacle after obstacle many other comments he made. taken in order to cover up the truth. in order to reveal the truth. I will yield to the Senator from Colo- A number of my colleagues who have There are a number of thank-yous rado, but first I wish to thank him for come to the floor over the past 24 hours that are in order. I start by thanking the great contribution he has made to and discussed this report have referred the chairman for her courage and per- our committee. I think he is planning to 9/11. I, too, will never forget the fear, sistence. I also thank the committee on speaking on a different subject. He the pain, and the anger we all felt on staff director, David Grannis; the staff has played a major role on the Intel- that day and in the days that followed. lead for the study, Dan Jones; and his ligence Committee. I look forward to Americans were demanding action core study team, Evan Gottesman and reading, if not hearing, his remarks on from our government to keep us safe. Chad Tanner. They toiled for nearly 6 the subject on which I know he has Everyone, myself included, wanted to years to complete this report. They spent a good deal of time. Although he go to the ends of the Earth to hunt then shepherded it through the redac- has had perhaps more visibility in down the terrorists who attacked our tion process, all the while giving up terms of the Intelligence Committee, Nation and to make every effort to pre- their nights, weekends, vacations, and he has been a major contributor on the vent another attack. Although we all precious time with family and friends Armed Services Committee. I can’t say shared that goal, this report reveals in an effort to get to the truth of this we will miss him because I will not be how the CIA crossed a line and took secret program for the members of the here, but they will miss the Senator our country to a place where we vio- committee, the Senate, and now the from Colorado. lated our moral and legal obligations American people. The PRESIDING OFFICER (Ms. in the name of keeping us safe. As we They have been assisted by other HEITKAMP). The Senator from Colo- know now, this was a false choice. Tor- dedicated staff, including my designee rado. ture didn’t keep us safer after all. By on the committee, Jennifer Barrett. We Mr. UDALL of Colorado. Madam releasing the Intelligence Committee’s would not be where we are today with- President, before I start my remarks landmark report, we reaffirm we are a out them. I am grateful, beyond words, on the historic day which was yester- nation that does not hide from its past for their service and dedication. I want day—when it comes to the publication but must learn from it and that an them to know our country is grateful of our long-in-the-making report on honest examination of our short- too. the CIA’s torture program—I wish to comings is not a sign of weakness but Let me turn to the study itself. Much thank the chairman for his leadership, the strength of our great Republic. has been written about the significance his mentorship, and his friendship. I From the heavily redacted version of of the study. This is the study. It is a also am proud obviously to be a part of the executive summary first delivered summary of the CIA’s detention and in- the Armed Services Committee and to to the committee by the CIA in Au- terrogation program. I want to start by have chaired the Strategic Forces Sub- gust, we made significant progress in saying I believe the vast majority of committee. Again, I extend my thanks clearing away the thick, obfuscating CIA officers welcome oversight and be- to the good men and women in uni- fog these redactions represented. lieve in the checks and balances that form, as did my good friend from Okla- As Chairwoman FEINSTEIN has said, form the very core of our Constitution. homa. The NDAA bill is a crucial task our committee chipped away at over I believe many rank-and-file CIA offi- in front of us. I look forward to one of 400 areas of disagreement with the ad- cers have fought internally for and sup- my last votes as a Senator from the ministration on redactions down to ported the release of this report. Unfor- great State of Colorado, and I look for- just a few. tunately, again and again, these hard- ward to casting a vote in favor of the We didn’t make all the progress we working public servants have been Defense authorization bill. wanted to and the redaction process poorly served by the CIA’s leadership. Again, I wish to thank my two itself is filled with unwarranted and Too many CIA leaders and senior offi- friends who have mentored me and who completely unnecessary obstacles. Un- cials have fought to bury the truth have led our committee with great elan fortunately, at the end of the day, while using a redaction pen to further and intelligence. what began as a bipartisan effort on hide this dark chapter of the Agency’s SSCI STUDY OF THE CIA’S DETENTION AND the committee did not end as such, history. INTERROGATION PROGRAM even after my colleagues on the other The document we released yesterday Yesterday was a historic day. Almost side of the aisle were repeatedly urged is the definitive, official history of 6 years after the Senate Intelligence to participate with us as partners. what happened in the CIA’s detention Committee voted to conduct a study of As my friends in the Senate know, I and interrogation program. It is based the CIA’s detention and interrogation am a legislator who goes out of his way on more than 6 million pages of CIA program and nearly 2 years after ap- to form bipartisan consensus. However, and other documents, emails, cables, proving the report, the American peo- it became clear that was not possible and interviews. This 500-page study, ple will finally know the truth about a here and that is regrettable. this document, encapsulates the facts very dark chapter in our Nation’s his- But all told, after reviewing this drawn from the 6,700-page report, tory. final version of the committee’s study, which is backed up by 38,000 footnotes.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.012 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6475 This is a documentary that tells of to lead by example’’ in correcting our contractors hired to read, multiple the program’s history based on the mistakes, one would think this admin- times, each of the 6 million pages of CIA’s own internal records. Its prose is istration is leading the efforts to right documents produced before providing dry and spare, as you will soon see for the wrongs of the past and ensure the them to the committee staff. We know yourself. It was put together methodi- American people learn the truth about about the nearly 1,000 documents that cally, without exaggeration or embel- the CIA’s torture program. Not so. the CIA electronically removed from lishment. This study by itself—using In fact, it has been nearly a 6-year the committee’s dedicated database on the CIA’s own words—brings the truth struggle—in a Democratic administra- two occasions in 2010, which the CIA to light, and that is what it was in- tion no less—to get this study out. Why claimed its personnel did at the direc- tended to do. has it been so hard for this document tion of the . Of course we The study looked carefully at the to finally see the light of day? Why know about the Panetta review. CIA’s own claims—most notably that have we had to fight tooth and nail I turn to the Panetta review. I have the so-called enhanced interrogation every step of the way? The answer is provided more information on the techniques used on detainees elicited simple: Because the study says things events that led up to the revelation in- unique, otherwise unobtainable intel- that former and current CIA and other cluded in the Panetta review in a set of ligence that disrupted terrorist plots government officials don’t want the additional views that I submitted for and saved lives. It debunks those American public to know. For a while the committee’s executive summary, claims conclusively. I worried that this administration but I will summarize them. The CIA repeatedly claimed that would succeed in keeping this study en- From the beginning of his term as using these enhanced interrogation tirely under wraps. CIA Director, John Brennan was open- techniques against detainees was the While the study clearly shows that ly hostile toward and dismissive of the only way to yield critical information the CIA’s detention and interrogation committee’s oversight and its efforts about terrorist plotting. But when program itself was deeply flawed, the to review the detention and interroga- asked to describe this critical informa- deeper, more endemic problem lies in tion program. During his confirmation tion and detail which plots were the CIA, assisted by a White House hearing, I obtained a promise from thwarted, the CIA provided exagger- that continues to try to cover up the John Brennan that he would meet with ated versions of plots and truth. It is this deeper problem that il- committee staff on the study once con- misattributed information that was ob- lustrates the challenge we face today: firmed. After his confirmation, he tained from traditional intelligence reforming an agency that refuses to changed his mind. collection, claiming it came from the even acknowledge what it has done. In December 2012, when the classified use of interrogation techniques that This is a continuing challenge that the study was approved in a bipartisan are clearly torture. CIA’s oversight committees need to vote, the committee asked the White This study shows that torture was take on in a bipartisan way. Those who House to coordinate any executive not effective, that it led to fabricated criticize the committee’s study for branch comments prior to declassifica- information, and its use—even in se- overly focusing on the past should un- tion. The White House provided no cret—undermined our security and our derstand that its findings directly re- comment. Instead, the CIA responded country more broadly. Our use of tor- late to how the CIA operates today. for the executive branch nearly 7 ture and I believe the failure to truly For an example of how the CIA has months later, on June 27, 2013. acknowledge it continues to impair repeated its same past mistakes in The CIA’s formal response to the America’s moral leadership and influ- more recent years, look at the section study under Director Brennan clings to ence around the world, creates distrust of the executive summary released yes- false narratives about the CIA’s effec- among our partners, puts Americans terday that deals with the intelligence tiveness when it comes to the CIA’s de- abroad in danger, and helps our en- on the courier that led to Osama bin tention and interrogation program. It emies’ recruitment efforts. Laden. That operation took place includes many factual inaccuracies, de- Senior CIA leaders would have you under this administration in May of fends the use of torture, and attacks believe their version of the truth—pro- 2011. After it was over, the CIA coordi- the committee’s oversight and find- moted in CIA-cleared memoirs by nated to provide misinformation to the ings. I believe its flippant and former CIA Directors and other CIA White House and its oversight commit- dismissive tone represents the CIA’s and White House officials—that while tees suggesting the CIA torture pro- approach to oversight—and the White there was some excesses in its deten- gram was the tipoff information for the House’s willingness to let the CIA do tion and interrogation program, the courier. That is 100 percent wrong and whatever it likes—even if its efforts CIA did not torture. Their version signifies the Agency leadership’s per- are armed at actively undermining the would have you believe that the CIA’s sistent and entrenched culture of mis- President’s stated policies. program was professionally conducted, representing the truth to Congress and It would be a significant disservice to employing trained interrogators to use the American people. This example let the Brennan response speak for the so-called enhanced interrogation tech- also illustrates again the dangers of CIA. Thankfully, it does not have to. niques on only the most hardened and not reckoning with the past. So while I There are some CIA officials and offi- dangerous terrorists. agree with my colleagues on the com- cers willing to tell it straight. In late But as Professor Darius Rejali writes mittee who argue that doing oversight 2013, then-CIA General Counsel Ste- in his book ‘‘Torture and Democracy,’’ in real time is critical, I believe we phen Preston answered a series of ques- ‘‘To think professionalism is a guard cannot turn a blind eye to the past tions that I asked about his thoughts against causing excessive pain is an il- when the same problems are staring us on the Brennan response as part of his lusion. Instead, torture breaks down in the face in the present. Oversight by Armed Services Committee nomination professionalism’’ and corrupts the or- willful ignorance is not oversight at hearing to be General Counsel of the ganizations that use it. all. Defense Department. This is exactly what happened with In Chairman FEINSTEIN’s landmark His answers to the questions about the CIA’s detention and interrogation floor speech earlier this year, she laid the program contrasted sharply with program. Without proper acknowledge- out how the CIA pushed back on our the Brennan response. For instance, he ment of these truths by the CIA and committee’s oversight efforts. Thanks stated matter of factly that from his the White House, it could well happen to her speech, we know about the his- review of the facts, the CIA provided again. tory of the CIA’s destruction of inter- the committee with inaccurate infor- In light of the President’s early Exec- rogation videotapes and about what mation regarding the detention and in- utive order disavowing torture, his own motivated her and her colleagues to terrogation program. I have posted on recent acknowledgement that ‘‘we tor- begin the broader committee study in line my questions to Mr. Preston, tured some folks’’ and the Assistant 2009. We know about the CIA’s insist- along with his answers. Secretary of State Malinowski’s state- ence on providing documents to the Stephen Preston was not alone in ments last month to the U.N. Com- committee in a CIA-leased facility and having the moral courage to speak mittee Against Torture that ‘‘we hope the millions of dollars the CIA spent on frankly and truthfully about the CIA’s

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.013 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6476 CONGRESSIONAL RECORD — SENATE December 10, 2014 torture program. There were also other Although the committee now has a Clearly the present leadership of the CIA officers willing to document the portion of the review already in its pos- CIA agrees with me that the Panetta truth. In March 2009, then-CIA Director session, I believed then, as I do now, review is a smoking gun. That is the announced the formation that it is important to make public its only explanation for the CIA’s unau- of a Director’s review group to look at existence and to obtain a full copy of thorized search of the committee’s the agency’s detention and interroga- the report. That is why I am here dedicated computers in January. The tion program. As he stated at the time, today, to disclose some of its key find- CIA ’s illegal search was conducted out ‘‘The safety of the American people de- ings and conclusions on the Senate of concern that the committee staff pends on our ability to learn lessons floor for the public record, which fly di- was provided with the Panetta review. from the past while staying focused on rectly in the face of claims made by It demonstrates how far the CIA will the threats of today and tomorrow.’’ senior CIA officials past and present. go to keep its secrets safe. Instead of The Director’s review group looked For example, as I mentioned earlier, asking the committee if it had access at the same CIA documents that were on a number of key matters, the Pa- to the Panetta review, the CIA being provided to our committee. They netta review directly refutes informa- searched, without authorization or no- produced a series of documents that be- tion in the Brennan response. In the tification, the committee computers came the Panetta review. As I dis- few instances in which the Brennan re- that the agency had agreed were off cussed in late 2013, the Panetta review sponse acknowledges imprecision or limits. corroborates many of the significant mischaracterization relative to the de- In so doing, the agency might have findings of the committee’s study. tention interrogation program, the Pa- violated multiple provisions of the Moreover, the Panetta review frankly netta review is refreshingly free of ex- Constitution as well as Federal crimi- acknowledges significant problems and cuses, qualifications, or caveats. nal statutes and Executive Order 12333. errors made in the CIA’s detention and The Panetta review found that the More troubling, despite admitting be- interrogation program. Many of these CIA repeatedly provided inaccurate in- hind closed doors to the committee formation to the Congress, the Presi- same errors are denied or minimized in that the CIA conducted the search, Di- dent, and the public on the efficacy of the Brennan response. rector Brennan publicly referred to its coercive techniques. The Brennan As Chairman FEINSTEIN so eloquently ‘‘spurious allegations about CIA ac- outlined in her floor speech on March response, in contrast, continues to in- tions that are wholly unsupported by 11 of this year, drafts of the Panetta re- sist the CIA’s interrogations produced the facts.’’ view have been provided by the CIA un- unique intelligence that saved lives. He even said such allegations of com- knowingly to our committee staff Yet the Panetta review identified doz- puter hacking were beyond ‘‘the scope ens of documents that include inac- years before within the 6 million pages of reason.’’ The CIA then made a crimi- curate information used to justify the of documents it had provided. nal referral to the Department of Jus- So when the committee received the use of torture and indicates that the tice against the committee staff who Brennan response, I expected a recogni- inaccuracies it identifies do not rep- were working on the study. Chairman resent an exhaustive list. The Panetta tion of errors and a clear plan to en- FEINSTEIN believed these actions were review further describes how detainees sure that the mistakes identified would an effort to intimidate the committee provided intelligence prior to the use not be repeated again. Instead—this is staff, the very staff charged with CIA of torture against them. a crucial point—instead, the CIA con- It describes how the CIA, contrary to oversight. I strongly agree with her tinued not only to defend the program its own representations, often tortured point of view. The CIA’s inspector general subse- and deny any wrongdoing but also to detainees before trying any other ap- quently opened an investigation into deny its own conclusions to the con- proach. It describes how the CIA tor- the CIA’s unauthorized search and trary found in the Panetta review. tured detainees, even when less coer- In light of those clear factual dispari- cive methods were yielding intel- found, contrary to Director Brennan’s ties between the Brennan response and ligence. The Panetta review further public protestations, that a number of the Panetta review, committee staff identifies cases in which the CIA used CIA employees did, in fact, improperly grew concerned that the CIA was coercive techniques when it had no access the committee’s dedicated com- knowingly providing inaccurate infor- basis for determining whether a de- puters. The investigation found no mation to the committee in the tainee had critical intelligence at all. basis for the criminal referral on the present day, which is a serious offense, In other words, CIA personnel tor- committee staff. The IG also found and a deeply troubling matter for the tured detainees to confirm they did not that the CIA personnel involved dem- committee, the Congress, the White have intelligence, not because they onstrated a ‘‘lack of candor’’ about House, and our country. thought they did. Again, while a small their activities to the inspector gen- The Panetta review was evidence of portion of this review is preserved in eral. that potential offense. So to preserve our committee spaces, I have requested However, only a 1-page unclassified that evidence, committee staff se- the full document. Our request has summary of the IG’s report is publicly curely transported a printed portion of been denied by Director Brennan. I will available. The longer classified version the Panetta review from the CIA-leased tell you, the Panetta review is much was only provided briefly to Members facility to the committee’s secure of- more than a ‘‘summary’’ and ‘‘incom- when it was first released. I had to fices in the Senate. This was the proper plete drafts,’’ which is the way Mr. push hard to get the CIA to provide a and right thing to do, not only because Brennan and former CIA officials have copy for the committee to keep in its of the seriousness of the potential characterized it, in order to minimize own records. Even the copy in com- crime, but also in light of the fact that its significance. I have reviewed this mittee records is restricted to com- the CIA had previously destroyed inter- document. It is as significant and rel- mittee members and only two staff rogation videotapes without authoriza- evant as it gets. members, not including my staff mem- tion and over objections of officials in The refusal to provide the full Pa- ber. the Bush White House. netta review and the refusal to ac- After having reviewed the IG report In my view, the Panetta review is a knowledge facts detailed in both the myself again recently, I believe even smoking gun. It raises fundamental committee study and the Panetta re- more strongly that the full report questions about why a review the CIA view lead to one disturbing finding: Di- should be declassified and publicly re- conducted internally years ago and rector Brennan and the CIA today are leased, in part because Director Bren- never provided to the committee is so continuing to willfully provide inac- nan still refuses to answer the commit- different from the official Brennan re- curate information and misrepresent tee’s questions about the search. sponse and so different from the public the efficacy of torture. In other words, In March, the committee voted statements of former CIA officials. the CIA is lying. This is not a problem unanimously to request responses from That is why I asked for a complete of the past but a problem that needs to Director Brennan about the computer copy of the Panetta review at a Decem- be dealt with today. search. The chairman and vice chair- ber 2013 Intelligence Committee hear- Let me turn to the search of the In- man wrote a letter to Director Bren- ing. telligence Committee’s computers. nan, who promised a thorough response

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.016 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6477 to their questions after the Justice De- documents, despite the fact that these The redactions to the committee’s partment and CIA IG reviews were documents are directly responsive to executive summary on the CIA’s deten- complete. The Chair and Vice Chair the committee’s document request. tion and interrogation program have then wrote two more letters, to no The White House has never made a for- been a case study in its refusal to be avail. The Director has refused to an- mal claim of executive privilege over open. Despite requests that both the swer any questions on this topic and the documents, yet it has failed to re- chairman and I made for the White has again deferred his answers, this spond to the chairman’s request to the House alone to lead the declassifica- time until after the CIA’s internal ac- documents or to compromise proposals tion process, it was given by the White countability board review is com- she has offered to review a summary House to the CIA—the same Agency pleted, if it ever is. listing of them. When I asked CIA Gen- that is the focus of this report. Predict- So from March until December, for eral Counsel Stephen Preston about ably, the redacted version that came almost 9 months, Director Brennan has the documents, he noted that ‘‘the back to the committee in August ob- flat out refused to answer basic ques- Agency has deferred to the White scured key facts and undermined key tions about the computer search; House and has not been substantially findings and conclusions of the study. whether he suggested a search or ap- involved in subsequent discussions The CIA also included unnecessary proved it; if not, who did. He has re- about the disposition of these docu- redactions to previously acknowledged fused to explain why the search was ments.’’ and otherwise unclassified informa- conducted, its legal basis, or whether If the documents are privileged, the tion. Why? Presumably, to make it he was even aware of the agreement be- White House should assert that claim. more difficult for the public to under- tween the committee and the CIA lay- But if they are not, White House offi- stand the study’s findings. Content ing out protections of the committee’s cials need to explain why they pulled that the CIA has attempted to redact dedicated computer system. He has re- back documents that the CIA believed includes information in the official, de- fused to say whether the computers were relevant to the committee’s in- classified report of the Senate Armed were searched more than once, whether vestigation and responsive to our di- Services Committee, other executive the CIA monitored committee staff at rect request. branch declassified official documents, the CIA-leased facility, whether the The White House has not led on this information in books and speeches de- agency ever entered the committee’s issue in the manner we expected when livered by former CIA officers who were secure room at the facility, and who at we heard the President’s campaign approved by the CIA’s Publication Re- the CIA knew about the search both be- speeches in 2008 and read the Executive view Board, news articles, and other fore and after it occurred. order he issued in January 2009. To CIA public reports. I want to turn at this point to the employees in April 2009, President It is true that through negotiations White House. To date, there has been Obama said: between the committee, the CIA, and no accountability for the CIA’s actions What makes the United States special, and the White House, many of these issues or for Director Brennan’s failure of what makes you special, is precisely the fact were resolved. However, at the end of that we are willing to uphold our values and leadership. Despite the facts presented, ideals even when it’s hard—not just when it’s the day, the White House and CIA the President has expressed full con- easy; even when we are afraid and under would not agree to include any pseudo- fidence in Director Brennan and dem- threat—not just when it’s expedient to do so. nyms in the study to disguise the onstrated that trust by making no ef- That’s what makes us different. names of CIA officers. In 2009 the CIA fort at all to rein him in. This tough, principled talk set an im- and the committee had agreed to use The President stated it was not ap- portant tone from the beginning of his CIA-provided pseudonyms for CIA offi- propriate for him to weigh into these Presidency. However, let’s fast forward cials, but in the summary’s final issues that exist between the com- to this year, after so much has come to version, the CIA insisted that even the mittee and the CIA. As I said at the light about the CIA’s barbaric pro- pseudonyms should be redacted. time, the committee should be able to grams, and President Obama’s response For an agency concerned about mo- do its oversight work consistent with was that we ‘‘crossed a line’’ as a na- rale, this is the wrong approach to our constitutional principle of the sep- tion and that ‘‘hopefully, we don’t do it take, in my view. By making it less aration of powers, without the CIA pos- again in the future.’’ possible to follow a narrative threat ing impediments or obstacles as it has That is not good enough. We need to throughout the summary, this ap- and as it continues to do today. For the be better than that. There can be no proach effectively throws many CIA White House not to have recognized coverup. There can be no excuses. If personnel under the bus. It tars all of this principle and the gravity of the there is no moral leadership from the the CIA personnel by making it appear CIA’s actions deeply troubles me today White House helping the public to un- that the CIA writ large was responsible and continues to trouble me. derstand that the CIA’s torture pro- for developing, implementing, and rep- Far from being a disinterested ob- gram wasn’t necessary and didn’t save resenting the truth about the CIA’s de- server in the committee-CIA battles, lives or disrupt terrorist plots, then tention and interrogation program. In the White House has played a central what is to stop the next White House fact, a small number of CIA officers role from the start. If former CIA Di- and CIA Director from supporting tor- were largely responsible. rector Panetta’s memoir is to be be- ture. Further, there is no question that the lieved, the President was unhappy Finally, the White House has not led identities of undercover agents must be about Director Panetta’s initial agree- on transparency, as then Senator protected, but it is unprecedented for ment in 2009 to allow staff access to op- Obama promised in 2007. He said then the CIA to demand—and the White eration cables and other sensitive doc- this: House to agree—that every CIA offi- uments about the torture program. We’ll protect sources and methods, but we cer’s pseudonym in the study be Assuming its accuracy, Mr. Panetta’s won’t use sources and methods as pretexts to blacked out. U.S. Government agencies account describes then-Counterterror- hide the truth. Our history doesn’t belong to have used pseudonyms to protect offi- ism Adviser John Brennan and current Washington, it belongs to America. cers’ identities in any number of past Chief of Staff Denis McDonough—both In 2009 consistent with this promise, reports, including the 9/11 Commission of whom have been deeply involved in President Obama issued Executive report, the investigation of the Abu the study redaction process—as also Order 13526, which clarified that infor- Ghraib detention facility, and the re- deeply unhappy about this expanded mation should be classified to protect port of the Iran-Contra affair. oversight. sources and methods but not to obscure We asked the CIA to identify any in- There are more questions that need key facts or cover up embarrassing or fluences in the summary wherein a CIA answers about the role of the White illegal acts. official mentioned by pseudonym House in the committee’s study. But actions speak louder than words. would result in the outing of any CIA For example, there are the 9,400 docu- This administration, like so many be- undercover officer, and they could not ments that were withheld from the fore, has released information only provide any such examples. committee by the White House in the when forced to by a leak or by a court Why do I focus on this? The CIA’s in- course of the review of the millions of order or by an oversight committee. sistence on blacking out even the fake

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.017 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6478 CONGRESSIONAL RECORD — SENATE December 10, 2014 names of its officers is problematic be- tough questions. If we rely on others to I yield the floor. cause the study is less readable and has tell us what is behind their own cur- The PRESIDING OFFICER. The Sen- lost some of its narrative thread. tain instead of taking a look for our- ator from Montana. But as the chairman has said, we will selves, we can’t know for certain what FAREWELL TO THE SENATE find ways to bridge that gap. The is there. Mr. WALSH. Madam President, I rise tougher problem to solve is how to en- This isn’t at all to say that what the today to speak to this body and my fel- sure that this and future administra- committee found in its study is a cul- low Montanans about service. tions follow President Obama’s pledge ture and behavior we should ascribe to In preparing to leave the Senate, I not to use sources and methods as pre- all employees of the CIA or to the in- add my voice to the voices of many texts to hide the truth. telligence community. The intelligence other departing Members who have What needs to be done? Chairman community is made up of thousands of called for a return to civility in Wash- FEINSTEIN predicted in March—at the hard-working patriotic Americans. ington, DC. Politics today is too full of height of the frenzy over the CIA’s spy- These women and men are consummate pettiness. Public servants—you and I, ing on committee-dedicated com- professionals who risk their lives every as well as those elected to serve in the puters—that ‘‘our oversight will pre- day to keep us safe and to provide the next Congress—should set the standard vail,’’ and generally speaking, it has. their best assessments regardless of po- with better words and better actions, Much of the truth is out, thanks to the litical and policy considerations. but we should also lead from the front. chairman’s persistence and the dedi- But it is incumbent on government I am not saying anything that hasn’t cated staff involved in this effort. It is, leaders—it is incumbent on us—to live already been said, but more of us need indeed, a historic event. up to the dedication of these employees to say it. If we are lucky, which we are, But there is still no accountability, and to make them proud of the institu- we are even blessed to stand in this and despite Director Brennan’s pledges tions they work for. It gives me no room and do what we do on behalf of to me in January 2013, there is still no pleasure to say this, but as I have said our fellow citizens. correction of the public record of the before, for Director Brennan that Everyone in this Chamber has a inaccurate information the CIA has means resigning. For the next CIA di- unique story about their roots and spread for years and continues to stand rector that means immediately cor- their path to public service. Mine behind. The CIA has lied to its over- recting the false record and instituting began in Butte, MT. I was the son of a seers and the public, destroyed and the necessary reforms to restore the union pipefitter in a struggling blue- tried to hold back evidence, spied on CIA’s reputation for integrity and ana- collar town, and my path led to the the Senate, made false charges against lytical rigor. military. I enlisted out of high school our staff, and lied about torture and The CIA cannot not be its best until in the Montana National Guard and the results of torture. And no one has it faces its serious and grievous mis- soon found a career serving my neigh- been held to account. takes of the detention and interroga- bors and family. Torture just didn’t happen, after all. tion program. For President Obama, The National Guard—the great cit- Contrary to the President’s recent that means taking real action to live izen wing of our Armed Forces—was a statement, ‘‘we’’ didn’t torture some up to the pledges he made early in his home for me. Leading my fellow sol- folks. Real actual people engaged in Presidency. diers into combat in Iraq in 2004–2005 torture. Some of these people are still Serving on the Senate Intelligence was a defining experience in my life. employed by the CIA and the U.S. Gov- Committee for the past 4 years opened Overseeing two successful elections for ernment. There are, right now, people my eyes and gave me a much deeper the Iraqis added a new perspective to serving in high-level positions at the appreciation of the importance of our my view on democracy. Fighting insur- Agency who approved, directed or com- role in the balancing of power in our gents drove home how fortunate we are mitted acts related to the CIA’s deten- great government. It also helped me to live in the United States of America tion and interrogation program. It is understand that all Members of Con- and to enjoy the freedoms we often bad enough not to prosecute these offi- gress, not only Intelligence Committee take for granted. cials, but to reward or promote them members, have an opportunity and an The men of Task Force GRIZ who un- and risk the integrity of the U.S. Gov- obligation to exercise their oversight fortunately didn’t come home with me ernment to protect them is incompre- powers. and the men and women who came hensible. Members who do not serve on the In- back with visible and invisible wounds The President needs to purge his ad- telligence Committee can ask to read have truly defined the cost of war for ministration of high-level officials who classified documents, call for classified me, and they remind me every single were instrumental to the development briefings, and submit classified ques- day of the cost of public servants get- and running of this program. He needs tions. ting it wrong when it comes to our na- to force a cultural change at the CIA. This is my challenge today to the tional defense. I have devoted much of The President also should support American people. Urge your Member of my professional life since returning legislation limiting interrogation to Congress to be engaged, to get classi- home to accounting for the true cost of noncoercive techniques—to ensure that fied briefings, and to help keep the in- war. his own Executive order is codified and telligence community accountable. Today, from my perspective, the to prevent a future administration This is the only way that secret gov- debts are stacked against the demo- from developing its own torture pro- ernment and democracy can coexist. cratic process in America in many gram. We have so much to be proud of in ways. There is too much money, too The President must ensure the Pa- our great Nation, and one of those mat- much noise, and too little commitment netta review is declassified and pub- ters of pride is our commitment to to finding common ground. Anonymous licly released. admit mistakes, correct past actions, money masquerading as free speech can The full 6,800-page study of the CIA’s and move forward knowing that we are poison campaigns. It silences the detention and interrogation program made stronger when we refuse to be voices of the majority of American should be declassified and released. bound by the past. citizens. The concentration of wealth There also needs to be accountability We have always been a forward-look- in fewer hands is bad for our society, for the CIA spying on its oversight ing Nation, but to be so we must be just as the ability for a handful of the committee, and the CIA inspector gen- mindful of our own history. That is wealthy to carry the loudest mega- eral’s report needs to be declassified what this study is all about. So I have phones in our elections is bad for our and released to the public. no doubt that we will emerge from a democracy. Elections are starting to A key lesson I have learned from my dark episode with our democracy look much like auctions. Dark money experience with the study is the impor- strengthened and our future made and circus politics shouldn’t prevent tance of the role of Congress in over- brighter. the U.S. Senate from honorably living seeing the intelligence community. It It has been an honor to serve on this up to the power we have been given. is always easier to accept what we are committee, and I will miss doing its Growing up in a little house that told at face value than it is to ask important work more than I can say. shook twice a day from the dynamite

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.019 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6479 blasts at the copper mine nearby, I ders under the FBI national security his legacy by passing wilderness des- never thought I would be involved in letter program. ignations for the Absaroka-Beartooth, public service. I aspired to have a de- I urge my colleagues to continue Great Bear, and the Lee Metcalf wil- cent job. I aspired to get an education. fighting for rural America. We need derness areas. In the same spirit, I am I aspired to having the time to fish the stronger voting rights and more jobs in honored to join Senator lakes and streams I fished with my fa- Indian Country to promote tribal sov- and Senator-elect STEVE DAINES in car- ther. Just the normal stuff. And that ereignty and prosperity. We need to rying on their legacy by passing the normal stuff is what I think most keep our farm safety net strong and ad- North Fork Watershed Protection Act Americans still want today and too dress brucellosis to protect the live- and the Rocky Mountain Front Herit- often can’t achieve. stock industry. We need a stronger age Act. We took a page from Mon- Public service—becoming a soldier— commitment to fund and reform the tanans. We sat down together, and we was my ticket to a better life: a job Payment in Lieu of Taxes Program and worked out an agreement that pro- and a college education. After only a its sister programs. Small county tected almost 700,000 acres of the small taste, I discovered that I loved budgets, schools, and roads depend on Crown of the Continent. This is how de- public service. I loved being devoted to them. These same rural communities mocracy should work. something bigger than myself. need better management of our na- Forty-two years after the first cit- We should all remember that Con- tional forests—something Congress and izen-driven wilderness, this week Con- gress can always use more Americans the Forest Service need to focus on. gress is expanding the Scapegoat and from more walks of life who have dis- We need an honest conversation and Bob Marshall Wilderness areas in Mon- covered public service through un- urgent solutions to the incredible chal- tana. Thirty-eight years after the Flat- likely means. lenge posed by climate change. As I head River was protected from schemes It is the privilege of my life to serve said earlier from this same podium, we to dam it and divert it, this week Con- the people of Montana in the seat of cannot put our heads in the sand and gress is protecting the Flathead and Senators Lee Metcalf and Max Baucus. continue with business as usual. Glacier National Park forever from ef- Lee, along with Mike Mansfield, was Members of Congress should be tak- forts to mine it and drill it. Montanans my Senator while I was growing up in ing responsibility and upholding the came together. Farmers, ranchers, Butte, MT. The great citizen conserva- oaths we all swore. We should agree small business owners, conservation- tionist Cecil Garland said: with science—climate change is a clear ists, hunters, anglers—all worked to- It was typical of Lee to fight to give the enemy, and Congress must take steps gether to find common ground. Mon- little guy a voice in government decisions. to stop it. tanans went there first, and their rep- In my time in this Chamber, I have The next Congress should be thought- resentatives in Congress followed. tried to follow Lee’s example. ful about women and families—from When Congress rewards the work of The people who need a voice in this health care decisions to paycheck fair- citizens who collaborate, when we fi- Chamber are the ranchers and hard- ness. nally reach the critical mass in this ware store owners like Cecil in towns Finally, I implore all of Congress, all Chamber to be responsive, that is the like Lincoln and Dillon. The person of you, to redouble your attention to day we earn the title of ‘‘public serv- who needs a voice in this Chamber is the crisis of suicide among our vet- ant.’’ Montanans can be hopeful today the mother in Troy, MT, who became erans. Yesterday the House of Rep- that government by them and for them the primary bread winner when her resentatives passed the Clay Hunt Sui- still works. They can still effect husband lost his job cutting timber. cide Prevention for American Veterans change. The Senate still listens and The person who needs a voice here is Act. That bill now sits before this serves. When President Eisenhower left of- the young woman in Shelby, MT, who body, and we have an opportunity to fice in 1961, Congress passed legislation has done everything right—studied act. We have an opportunity to pass it. at his request that restored his mili- hard and earned her degree—only to be I mentioned the invisible wounds of tary title. He wanted to be remembered squeezed by too much student debt and war already, but if this country were as a career soldier rather than the too few opportunities. The people who losing 22 servicemembers a day on the Commander in Chief. need voices are the servicemembers battlefield, Americans would be on the My 33 years in uniform defined my from Laurel and Great Falls, MT, who streets protesting. Congress would be life. I will always be a soldier. As a sol- returned from the war in Afghanistan demanding action. But that is exactly dier, as a husband to my wonderful and Iraq with delayed onset PTSD and the number of veterans who die by sui- wife Janet, who has been my partner have fallen through the cracks at the cide each and every day from across for 31 years, and as the proud dad of VA. They are the entrepreneurs in Big our country. Veteran suicide is an ur- Michael and Taylor, as the father-in- Fork and Bozeman, MT, who have gent crisis facing our communities, and law to my wonderful daughter-in-law opened small distilleries and faced the congressional action is long overdue. April, and as the grandfather of a little tangle of redtape. They are the com- I believe extending the eligibility for girl named Kennedy, who will inherit mitted couples across Montana—your combat veterans at the VA is one es- this great Nation, I will return to civil- neighbors, my family, my friends—who sential way to address delayed-onset ian life with great hope for the United are treated like second-class citizens PTSD and reduce the suicide rate States Senate and for the United because of whom they love. among our veterans. This simple fix States of America. So today I urge my colleagues to lend and other solutions that improve ac- I, along with millions of others, will people like this in each of your States cess to mental health for veterans be watching closely and imploring your voice as a Senator in this Cham- should continue to be a top priority for Members in this Chamber to check pol- ber. the next Congress. itics at the door and instead focus on I am humbled by the number of chal- It is fitting that in the last days of the future. Honor veterans and their lenges that face the next Congress. I the 113th Congress, the Senate is send- families who sacrifice so much. Honor urge my colleagues to continue to fight ing the President a bill that carries on seniors who have heard promises from to protect Americans’ civil liberties. I the public lands legacy of Senators Lee you. Honor the most vulnerable leave the Senate dismayed by the scope Metcalf and Max Baucus and the thou- amongst us. They are who we always of government surveillance in our ev- sands of Montanans who worked to- should fight for. eryday life. Congress must always—and gether to find common ground. Madam President, I am forever grate- I emphasize always—protect the pri- In the words of Randolph Jennings, ful to have served the people of Mon- vacy of our citizens. Senator ROCKEFELLER’s predecessor tana in this building standing side by I remain deeply concerned about the from West Virginia, Lee ‘‘was a tireless side with each and every one of you. National Security Agency’s unconsti- champion of preserving and protecting God bless each and every one of you, tutional spying on Americans’ commu- our nation’s natural heritage for suc- and may God continue to bless the nications, the secret backdoors into ceeding generations to use and enjoy.’’ United States of America. the Department of Commerce After Lee’s death, Max and the rest Madam President, I yield the floor, encryption standards, and the gag or- of the Montana delegation carried on and I suggest the absence of a quorum.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.020 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6480 CONGRESSIONAL RECORD — SENATE December 10, 2014 The PRESIDING OFFICER. The times and passed; the title amendment term extension to ensure that our clerk will call the roll. be agreed to; and the motions to recon- small-vessel owners would not be sub- The assistant legislative clerk pro- sider be considered made and laid upon jected to these EPA requirements that ceeded to call the roll. the table with no intervening action or most people would say: What is this re- Mrs. BOXER. Madam President, I ask debate. porting all about? unanimous consent that the order for The PRESIDING OFFICER. Is there For those who need a little more the quorum call be rescinded. objection? graphic detail as to what we are talk- The PRESIDING OFFICER. Without The Senator from Louisiana. ing about, when you take a commercial objection, it is so ordered. Mr. VITTER. Madam President, re- fishing vessel out, a 45-foot commercial f serving the right to object. fishing vessel, and you have a good day I appreciate the comments of the fishing, there are some salmon guts on COAST GUARD AUTHORIZATION Senator from California and want to the deck, a little bit of slime, and you ACT FOR FISCAL YEARS 2015 work with her toward a common goal. hose it off. That would be an incidental AND 2016 In that spirit, I ask unanimous consent discharge that would be reportable to Mrs. BOXER. Madam President, I am that the Senator modify her request the EPA. And if you fail to report, you about to ask for unanimous consent to and agree to the substitute amend- could be subject to civil penalties. pass a substitute amendment to the ment, which is also at the desk, which That is not what we are talking about Coast Guard bill. Senator VITTER and I includes a 3-year extension of the ves- here. hope to get into a bit of a colloquy over sel discharge moratorium. I think it is important to note that it, but first I want to explain what we The PRESIDING OFFICER. Will the we have two leaders here in the Senate are doing here. Senator from California so modify her who perhaps approach some of the EPA The Coast Guard bill includes the request? issues from a different angle. Senator text of S. 2963, a bill that I introduced Mrs. BOXER. I reserve the right to BOXER has been a staunch advocate for to permanently eliminate the require- object, but I do not intend to object. making sure that when we are talking ment that small fishing boats obtain a I wish to say I am going to agree to about clean air and clean water, we are permit for discharges incidental to nor- this 3-year moratorium but I am a lit- complying with those regulations. Sen- mal operation. tle stunned as to why we are doing this ator VITTER has also been a staunch ad- This is really important for our small again. We could give these small boats vocate for making sure our small busi- boat fishermen. The bill has 14 cospon- a permanent exemption. It is an impor- nesses, our jobs, and our economic op- sors. I am very happy that Senator tant economic issue. portunities aren’t stymied by these MURKOWSKI is now a cosponsor of that I don’t like this approach, but it is regulations. important legislation. the best we can do. I want the Amer- So the fact that we have two Mem- This substitute that is at the desk in- ican people and the fishermen to know bers coming together to acknowledge cludes that permanent fix so that never we tried so hard to get this fixed per- we have to do something to ensure again do small fishermen have to worry manently. But I am glad we have a 3- these regulations do not impede the about being subjected to these permits. year moratorium. It is better than ability of our small fishermen, of our It exempts commercial vessels less nothing, and I will therefore agree to commercial operators in the water— than 79 feet from having to get this dis- the modification. those vessels below 79 feet—that we are charge permit. The PRESIDING OFFICER. Is there not harming them. We first enacted a moratorium on objection to the request, as modified? In my home State of Alaska, we are permits in 2008. We have extended it Without objection, it is so ordered. talking about 8,500 commercial fisher- twice. The current moratorium expires There being no objection, the Senate men who were most anxious that 8 days next week. If we don’t act, these small proceeded to consider the bill. from now they were going to be put in vessels will require a permit for the The amendment (No. 3997) in the na- a position where they were effectively first time. So instead of kicking the ture of a substitute was agreed to. violating EPA regulations, subject to can down the road again with these (The amendment is printed in today’s civil penalties, for the simple act of runoff off of their decks. moratoria, I think it is time to say, RECORD under ‘‘Text of Amendments.’’) So I concur with Senator BOXER, this once and for all, these small vessels do The bill (S. 2444), as amended, was or- dered to be engrossed for a third read- is something we don’t need to be going not and will never need a permit. I from year to year to year to address. think a temporary moratorium leaves ing, was read the third time, and passed. We don’t need to inject this uncer- thousands of the boat operators and tainty into the operations of our hard- the fishermen in limbo instead of giv- The title amendment (No. 3998) was agreed to, as follows: working fishing families. We need to ing them permanent certainty. have a permanent solution. I want to They are different from large ships (Purpose: To amend the title) work with that permanent solution. that discharge ballast water and intro- Amend the title so as to read: ‘‘A bill to Senator VITTER has clearly indicated duce harmful invasive species into our authorize appropriations for the Coast Guard he is willing to help us with that. Sen- coastal waters. That is why a broad for fiscal year 2015, and for other purposes.’’. ator THUNE in Commerce has made array of groups, including the Amer- The PRESIDING OFFICER. The Sen- that clear. We know we have to address ican Sport Fishing Association, Con- ator from Alaska. the ballast issues. We will do that. And gressional Sportsmen’s Foundation, Ms. MURKOWSKI. Madam President, I am looking forward to being engaged Marine Retailers Association of Amer- I wish to weigh in on this issue, be- with that in the 114th Congress. ica, the National Marine Manufactur- cause it is a critically important issue But for now, I think it is critically ers Association, and many others, sup- for my State—for all coastal States, or important that consensus has been port this permanent exemption for our any State that has commercial fisher- reached. I acknowledge the good work small boats. men, as my colleague from California of both the Senator from Louisiana and I hope colleagues will support this, and as my colleague from Louisiana the Senator from California, and Sen- but I understand there is another pro- know. ator THUNE, for getting us to this point posal coming forward. I appreciate the fact that we have where we can take the pressure off of I ask unanimous consent that the come to a place where we are going to our small commercial operators and Commerce Committee be discharged save these small fishermen from the ensure that they can do what they do from further consideration of S. 2444; potential burden of reporting to EPA so very well. the Senate proceed to its immediate for any incidental discharge from their I look forward to the next Congress consideration; that the substitute vessels for the next 3 years. where we are making this permanent amendment containing a permanent I need to acknowledge the good work and, again, where we are dealing with exemption for discharges from small of my friend from California. She has so many of the other issues. But I commercial vessels and fishing ves- recognized that we began this years thank my colleagues today. sels—and that is at the desk—be agreed ago, back in 2008, when we had to work The PRESIDING OFFICER. The Sen- to; the bill, as amended, be read three together at that time to get a short- ator from California.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.021 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6481 Mrs. BOXER. Madam President, I SEC. 2. NATIONAL CYBERSECURITY AND COMMU- ‘‘(d) GAO REPORT.—Not later than 1 year want to make sure I thank Senator NICATIONS INTEGRATION CENTER. after the date of enactment of the National (a) IN GENERAL.—Subtitle A of title II of MURKOWSKI and Senator BEGICH. When Cybersecurity and Communications Integra- the Homeland Security Act of 2002 (6 U.S.C. tion Center Act of 2014, the Comptroller Gen- I started this, Senator BEGICH was my 121 et seq.) is amended by adding at the end eral of the United States shall submit to the first cosponsor and Senator MURKOWSKI the following: Committee on Homeland Security and Gov- made this bipartisan. ‘‘SEC. 210G. OPERATIONS CENTER. ernmental Affairs of the Senate and the I think the important thing was that ‘‘(a) FUNCTIONS.—There is in the Depart- Committee on Homeland Security of the we could have done it permanently and ment an operations center, which may carry House of Representatives a report on the ef- I just don’t want that lost. We could out the responsibilities of the Under Sec- fectiveness of the operations center. retary appointed under section 103(a)(1)(H) ‘‘(e) NO RIGHT OR BENEFIT.—The provision have done it permanently, and we with respect to security and resilience, in- didn’t, and that is sad. There are rea- of assistance or information to, and inclu- cluding by— sion in the operations center of, govern- sons for that. I wasn’t born yesterday, ‘‘(1) serving as a Federal civilian informa- mental or private entities under this section as most of you can tell. tion sharing interface for cybersecurity; shall be at the discretion of the Under Sec- I know why it wasn’t done. People ‘‘(2) providing shared situational awareness retary appointed under section 103(a)(1)(H). are going to use this as the little en- to enable real-time, integrated, and oper- The provision of certain assistance or infor- gine that could to drive some other ational actions across the Federal Govern- mation to, or inclusion in the operations stuff behind it which is not good stuff. ment; center of, one governmental or private enti- ‘‘(3) sharing cybersecurity threat, vulner- ty pursuant to this section shall not create a I want to see that we can protect our ability, impact, and incident information small boats, and I am going to con- right or benefit, substantive or procedural, and analysis by and among Federal, State, to similar assistance or information for any tinue to do that. I hope we will work and local government entities and private other governmental or private entity.’’. together as we move forward in this sector entities; (b) TECHNICAL AND CONFORMING AMEND- new Senate, run by—in the case of the ‘‘(4) coordinating cybersecurity informa- MENT.—The table of contents in section 1(b) committee I proudly chair—Senator tion sharing throughout the Federal Govern- of the Homeland Security Act of 2002 (6 INHOFE, who I think will be very good ment; U.S.C. 101 note) is amended by inserting ‘‘(5) conducting analysis of cybersecurity on this issue; Senator THUNE, who we after the item relating to section 210F the risks and incidents; know is good on this issue. following: ‘‘(6) upon request, providing timely tech- ‘‘Sec. 210G. Operations center.’’. So we have the pieces in place. And nical assistance to Federal and non-Federal SEC. 3. RULE OF CONSTRUCTION. whatever objections there were, I don’t entities with respect to cybersecurity (a) DEFINITION.—In this section, the term threats and attribution, vulnerability miti- think they are really objections to the ‘‘critical infrastructure’’ has the meaning given gation, and incident response and remedi- permanency, they are political objec- that term under section 2 of the Homeland Secu- ation; and tions to try and use this to get some rity Act of 2002 (6 U.S.C. 101). other bad stuff attached to it, and I am ‘‘(7) providing recommendations on secu- (b) RULE OF CONSTRUCTION.—Nothing in this not going to let that happen, let me rity and resilience measures to Federal and Act shall be construed to grant the Secretary of non-Federal entities. Homeland Security any authority to promulgate tell you right now, no way, no how. So ‘‘(b) COMPOSITION.—The operations center regulations or set standards relating to the cy- whatever someone has in their mind shall be composed of— bersecurity of private sector critical infrastruc- that they are going to connect to this ‘‘(1) personnel or other representatives of ture that was not in effect on the day before the Federal agencies, including civilian and law little baby, it isn’t going to happen, be- date of enactment of this Act. cause we can’t do that. We can’t take enforcement agencies and elements of the in- Mrs. BOXER. I ask unanimous con- one good thing and destroy it. I am not telligence community, as such term is de- sent that the committee-reported going to let that happen. fined under section 3(4) of the National Secu- rity Act of 1947 (50 U.S.C. 3003(4)); and amendment be withdrawn; the Carper Right now we have a 3-year deal put ‘‘(2) representatives from State and local substitute amendment, which is at the in place. We can breathe easy. If I am governments and other non-Federal entities, desk, be agreed to; the bill, as amend- someone contemplating buying a small including— ed, be read a third time; and the Senate boat, this is one less worry I have. I ‘‘(A) representatives from information proceed to vote on passage of the bill, could have had it permanently; I have sharing and analysis organizations; and ‘‘(B) private sector owners and operators of as amended. it for 3 years. It is too bad, but at least The PRESIDING OFFICER. Is there I have it, and that is good. critical information systems. ‘‘(c) ANNUAL REPORT.—Not later than 1 objection? f year after the date of enactment of the Na- Without objection, it is so ordered. tional Cybersecurity and Communications The committee-reported amendment NATIONAL CYBERSECURITY AND Integration Center Act of 2014, and every was withdrawn. COMMUNICATIONS INTEGRATION year thereafter for 3 years, the Secretary The amendment (No. 3999) in the na- CENTER ACT OF 2014 shall submit to the Committee on Homeland ture of a substitute was agreed to. Security and Governmental Affairs of the (The amendment is printed in today’s Mrs. BOXER. Madam President, I ask Senate and the Committee on Homeland Se- RECORD under ‘‘Text of Amendments.’’) unanimous consent that the Senate curity of the House of Representatives a re- The bill was ordered to be engrossed proceed to the consideration of Cal- port on the operations center, which shall in- for a third reading and was read the endar No. 526, S. 2519. clude— third time. The PRESIDING OFFICER. The ‘‘(1) an analysis of the performance of the operations center in carrying out the func- The PRESIDING OFFICER. If there clerk will report the bill by title. tions under subsection (a); is no further debate, the bill having The assistant legislative clerk read ‘‘(2) information on the composition of the been read the third time, the question as follows: center, including— is, Shall it pass? A bill (S. 2519) to codify an existing oper- ‘‘(A) the number of representatives from The bill (S. 2519), as amended, was ations center for cybersecurity. non-Federal entities that are participating passed. There being no objection, the Senate in the operations center, including the num- ber of representatives from States, nonprofit Mrs. BOXER. Madam President, I ask proceeded to consider the bill, which organizations, and private sector entities, re- unanimous consent that the motion to had been reported from the Committee spectively; and reconsider be made and laid upon the on Homeland Security and Govern- ‘‘(B) the number of requests from non-Fed- table with no intervening action or de- mental Affairs, with an amendment, as eral entities to participate in the operations bate. follows: center and the response to such requests, in- The PRESIDING OFFICER. Without (Insert the part printed in italic.) cluding— objection, it is so ordered. ‘‘(i) the average length of time to fulfill S. 2519 f such identified requests by the Federal agen- Be it enacted by the Senate and House of Rep- cy responsible for fulfilling such requests; PROTECTING AND SECURING resentatives of the United States of America in and CHEMICAL FACILITIES FROM Congress assembled, ‘‘(ii) a description of any obstacles or chal- TERRORIST ATTACKS ACT OF SECTION 1. SHORT TITLE. lenges to fulfilling such requests; and 2014 This Act may be cited as the ‘‘National Cy- ‘‘(3) the policies and procedures established bersecurity and Communications Integration by the operations center to safeguard pri- Mrs. BOXER. I ask unanimous con- Center Act of 2014’’. vacy and civil liberties. sent that the Senate proceed to the

VerDate Mar 15 2010 02:32 Jul 21, 2015 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\DEC 2014\S10DE4.REC S10DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6482 CONGRESSIONAL RECORD — SENATE December 10, 2014 consideration of Calendar No. 578, H.R. partment of Homeland Security Appropriations ‘‘(B) BASES FOR DISAPPROVAL.—The Sec- 4007. Act, 2007 that is in effect on the day before the retary— The PRESIDING OFFICER. The date of enactment of the Protecting and Secur- ‘‘(i) may not disapprove a site security plan clerk will report the bill by title. ing Chemical Facilities from Terrorist Attacks based on the presence or absence of a particular Act of 2014; security measure; and The assistant legislative clerk read ‘‘(6) the term ‘expedited approval facility’ ‘‘(ii) shall disapprove a site security plan if as follows: means a covered chemical facility for which the the plan fails to satisfy the risk-based perform- A bill (H.R. 4007) to recodify and reauthor- owner or operator elects to submit a site security ance standards established pursuant to sub- ize the Chemical Facility and Anti-Ter- plan in accordance with section 2102(c)(4); section (a)(2)(C). rorism Standards Program. ‘‘(7) the term ‘facially deficient’, relating to a ‘‘(2) ALTERNATIVE SECURITY PROGRAMS.— There being no objection, the Senate site security plan, means a site security plan ‘‘(A) AUTHORITY TO APPROVE.— proceeded to consider the bill, which that does not support a certification that the se- ‘‘(i) IN GENERAL.—The Secretary may approve curity measures in the plan address the security an alternative security program established by a had been reported from the Committee vulnerability assessment and the risk-based per- private sector entity or a Federal, State, or local on Homeland Security and Govern- formance standards for security for the facility, authority or under other applicable laws, if the mental Affairs, with an amendment to based on a review of— Secretary determines that the requirements of strike all after the enacting clause and ‘‘(A) the facility’s site security plan; the program meet the requirements under this insert in lieu thereof the following: ‘‘(B) the facility’s Top-Screen; section. ‘‘(C) the facility’s security vulnerability as- ‘‘(ii) ADDITIONAL SECURITY MEASURES.—If the SECTION 1. SHORT TITLE. sessment; or requirements of an alternative security program This Act may be cited as the ‘‘Protecting and ‘‘(D) any other information that— do not meet the requirements under this section, Securing Chemical Facilities from Terrorist At- ‘‘(i) the facility submits to the Department; or the Secretary may recommend additional secu- tacks Act of 2014’’. ‘‘(ii) the Department obtains from a public rity measures to the program that will enable SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM source or other source; the Secretary to approve the program. STANDARDS PROGRAM. ‘‘(8) the term ‘guidance for expedited approval ‘‘(B) SATISFACTION OF SITE SECURITY PLAN RE- (a) IN GENERAL.—The Homeland Security Act facilities’ means the guidance issued under sec- QUIREMENT.—A covered chemical facility may of 2002 (6 U.S.C. 101 et seq.) is amended by add- tion 2102(c)(4)(B)(i); satisfy the site security plan requirement under ing at the end the following: ‘‘(9) the term ‘risk assessment’ means the Sec- subsection (a) by adopting an alternative secu- ‘‘TITLE XXI—CHEMICAL FACILITY ANTI– retary’s application of relevant risk criteria rity program that the Secretary has— TERRORISM STANDARDS identified in section 2102(e)(2)(B); ‘‘(i) reviewed and approved under subpara- ‘‘(10) the term ‘terrorist screening database’ ‘‘SEC. 2101. DEFINITIONS. graph (A); and means the terrorist screening database main- ‘‘(ii) determined to be appropriate for the op- ‘‘In this title— tained by the Federal Government Terrorist ‘‘(1) the term ‘CFATS regulation’ means— erations and security concerns of the covered Screening Center or its successor; chemical facility. ‘‘(A) an existing CFATs regulation; and ‘‘(11) the term ‘tier’ has the meaning given the ‘‘(B) any regulation or amendment to an ex- ‘‘(3) SITE SECURITY PLAN ASSESSMENTS.— term in section 27.105 of title 6, Code of Federal ‘‘(A) RISK ASSESSMENT POLICIES AND PROCE- isting CFATS regulation issued pursuant to the Regulations, or any successor thereto; authority under section 2107; DURES.—In approving or disapproving a site se- ‘‘(12) the terms ‘tiering’ and ‘tiering method- curity plan under this subsection, the Secretary ‘‘(2) the term ‘chemical facility of interest’ ology’ mean the procedure by which the Sec- means a facility that— shall employ the risk assessment policies and retary assigns a tier to each covered chemical procedures developed under this title. ‘‘(A) holds, or that the Secretary has a rea- facility based on the risk assessment for that sonable basis to believe holds, a chemical of in- ‘‘(B) PREVIOUSLY APPROVED PLANS.—In the covered chemical facility; case of a covered chemical facility for which the terest, as designated under Appendix A to part ‘‘(13) the term ‘Top-Screen’ has the meaning 27 of title 6, Code of Federal Regulations, or any Secretary approved a site security plan before given the term in section 27.105 of title 6, Code the date of enactment of the Protecting and Se- successor thereto, at a threshold quantity set of Federal Regulations, or any successor there- pursuant to relevant risk-related security prin- curing Chemical Facilities from Terrorist At- to; and tacks Act of 2014, the Secretary may not require ciples; and ‘‘(14) the term ‘vulnerability assessment’ the facility to resubmit the site security plan ‘‘(B) is not an excluded facility; means the identification of weaknesses in the solely by reason of the enactment of this title. ‘‘(3) the term ‘covered chemical facility’ means security of a chemical facility of interest. a facility that— ‘‘(4) EXPEDITED APPROVAL PROGRAM.— ‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM ‘‘(A) IN GENERAL.—A covered chemical facility ‘‘(A) the Secretary— STANDARDS PROGRAM. ‘‘(i) identifies as a chemical facility of inter- assigned to tier 3 or 4 may meet the requirement ‘‘(a) PROGRAM ESTABLISHED.— to develop and submit a site security plan under est; and ‘‘(1) IN GENERAL.—There is in the Department subsection (a)(2)(D) by developing and submit- ‘‘(ii) based upon review of the facility’s Top- a Chemical Facility Anti-Terrorism Standards ting to the Secretary— Screen, determines meets the risk criteria devel- Program. ‘‘(i) a site security plan and the certification oped under section 2102(e)(2)(B); and ‘‘(2) REQUIREMENTS.—In carrying out the described in subparagraph (C); or ‘‘(B) is not an excluded facility; Chemical Facility Anti-Terrorism Standards ‘‘(ii) a site security plan in conformance with ‘‘(4) the term ‘excluded facility’ means— Program, the Secretary shall— ‘‘(A) a facility regulated under the Maritime ‘‘(A) identify— a template authorized under subparagraph (H). Transportation Security Act of 2002 (Public Law ‘‘(i) chemical facilities of interest; and ‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL FA- 107–295; 116 Stat. 2064); ‘‘(ii) covered chemical facilities; CILITIES.— ‘‘(B) a public water system, as that term is de- ‘‘(B) require each chemical facility of interest ‘‘(i) IN GENERAL.—Not later than 180 days fined in section 1401 of the Safe Drinking Water to submit a Top-Screen and any other informa- after the date of enactment of the Protecting Act (42 U.S.C. 300f); tion the Secretary determines necessary to en- and Securing Chemical Facilities from Terrorist ‘‘(C) a Treatment Works, as that term is de- able the Department to assess the security risks Attacks Act of 2014, the Secretary shall issue fined in section 212 of the Federal Water Pollu- associated with the facility; guidance for expedited approval facilities that tion Control Act (33 U.S.C. 1292); ‘‘(C) establish risk-based performance stand- identifies specific security measures that are ‘‘(D) a facility owned or operated by the De- ards designed to address high levels of security sufficient to meet the risk-based performance partment of Defense or the Department of En- risk at covered chemical facilities; and standards. ergy; or ‘‘(D) require each covered chemical facility ‘‘(ii) MATERIAL DEVIATION FROM GUIDANCE.— ‘‘(E) a facility subject to regulation by the Nu- to— If a security measure in the site security plan of clear Regulatory Commission, or by a State that ‘‘(i) submit a security vulnerability assess- an expedited approval facility materially devi- has entered into an agreement with the Nuclear ment; and ates from a security measure in the guidance for Regulatory Commission under section 274 b. of ‘‘(ii) develop, submit, and implement a site se- expedited approval facilities, the site security the Atomic Energy Act of 1954 (42 U.S.C. curity plan. plan shall include an explanation of how such 2021(b)) to protect against unauthorized access ‘‘(b) SECURITY MEASURES.—A facility, in de- security measure meets the risk-based perform- of any material, activity, or structure licensed veloping a site security plan as required under ance standards. by the Nuclear Regulatory Commission; subsection (a), shall include security measures ‘‘(iii) PROCESS.—In developing and issuing, or ‘‘(5) the term ‘existing CFATS regulation’ that, in combination, appropriately address the amending, the guidance for expedited approval means— security vulnerability assessment and the risk- facilities under this subparagraph and in col- ‘‘(A) a regulation promulgated under section based performance standards for security for the lecting information from expedited approval fa- 550 of the Department of Homeland Security Ap- facility. cilities, the Secretary— propriations Act, 2007 (Public Law 109–295; 6 ‘‘(c) APPROVAL OR DISAPPROVAL OF SITE SE- ‘‘(I) shall consult with— U.S.C. 121 note) that is in effect on the day be- CURITY PLANS.— ‘‘(aa) Sector Coordinating Councils estab- fore the date of enactment of the Protecting and ‘‘(1) IN GENERAL.— lished under sections 201 and 871(a); and Securing Chemical Facilities from Terrorist At- ‘‘(A) REVIEW.—Except as provided in para- ‘‘(bb) appropriate labor organizations; and tacks Act of 2014; and graph (4), the Secretary shall review and ap- ‘‘(II) shall not be subject to section 553 of title ‘‘(B) a Federal Register notice or other pub- prove or disapprove each site security plan sub- 5, United States Code, the National Environ- lished guidance relating to section 550 of the De- mitted pursuant to subsection (a). mental Policy Act of 1969 (42 U.S.C. 4321 et

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 6333 E:\CR\FM\G10DE6.040 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6483 seq.), subchapter I of chapter 35 of title 44, ‘‘(aa) except as provided in subparagraph (G), certification of an expedited approval facility United States Code, or section 2107(b) of this may not disapprove the site security plan; and under subclause (I), the Secretary shall— title. ‘‘(bb) may audit and inspect the expedited ap- ‘‘(aa) recommend specific additional security ‘‘(C) CERTIFICATION.—The owner or operator proval facility under subsection (d) to verify measures that, if made part of the site security of an expedited approval facility shall submit to compliance with its site security plan. plan by the facility, would enable the Secretary the Secretary a certification, signed under pen- ‘‘(ii) NONCOMPLIANCE.—If the Secretary deter- to approve the site security plan; and alty of perjury, that— mines an expedited approval facility is not in ‘‘(bb) provide the facility an opportunity to ‘‘(i) the owner or operator is familiar with the compliance with the requirements of the site se- submit a new or modified site security plan and requirements of this title and part 27 of title 6, curity plan or is otherwise in violation of this certification under subparagraph (A). Code of Federal Regulations, or any successor title, the Secretary may enforce compliance in ‘‘(III) SUBMISSION; REVIEW.—If an expedited thereto, and the site security plan being sub- accordance with section 2104. approval facility determines to submit a new or mitted; ‘‘(F) AMENDMENTS TO SITE SECURITY PLAN.— modified site security plan and certification as ‘‘(ii) the site security plan includes the secu- ‘‘(i) REQUIREMENT.— authorized under subclause (II)(bb)— rity measures required by subsection (b); ‘‘(I) IN GENERAL.—If the owner or operator of ‘‘(aa) not later than 90 days after the date on ‘‘(iii)(I) the security measures in the site secu- an expedited approval facility amends a site se- which the facility receives recommendations rity plan do not materially deviate from the curity plan submitted under subparagraph (A), under subclause (II)(aa), the facility shall sub- guidance for expedited approval facilities except the owner or operator shall submit the amended mit the new or modified plan and certification; where indicated in the site security plan; site security plan and a certification relating to and ‘‘(II) any deviations from the guidance for ex- the amended site security plan that contains the ‘‘(bb) not later than 45 days after the date on pedited approval facilities in the site security information described in subparagraph (C). which the Secretary receives the new or modi- plan meet the risk-based performance standards ‘‘(II) TECHNICAL AMENDMENTS.—For purposes fied plan under item (aa), the Secretary shall re- for the tier to which the facility is assigned; and of this clause, an amendment to a site security view the plan and determine whether the plan is ‘‘(III) the owner or operator has provided an plan includes any technical amendment to the facially deficient. explanation of how the site security plan meets site security plan. ‘‘(IV) DETERMINATION NOT TO INCLUDE ADDI- the risk-based performance standards for any ‘‘(ii) AMENDMENT REQUIRED.—The owner or TIONAL SECURITY MEASURES.— material deviation; operator of an expedited approval facility shall ‘‘(aa) REVOCATION OF CERTIFICATION.—If an ‘‘(iv) the owner or operator has visited, exam- amend the site security plan if— expedited approval facility does not agree to in- ined, documented, and verified that the expe- ‘‘(I) there is a change in the design, construc- clude in its site security plan specific additional dited approval facility meets the criteria set tion, operation, or maintenance of the expedited security measures recommended by the Secretary forth in the site security plan; approval facility that affects the site security under subclause (II)(aa), or does not submit a ‘‘(v) the expedited approval facility has imple- plan; new or modified site security plan in accordance mented all of the required performance measures ‘‘(II) the Secretary requires additional secu- with subclause (III), the Secretary may revoke outlined in the site security plan or set out rity measures or suspends a certification and the certification of the facility by issuing an planned measures that will be implemented recommends additional security measures under order under section 2104(a)(1)(B). subparagraph (G); or within a reasonable time period stated in the ‘‘(bb) EFFECT OF REVOCATION.—If the Sec- ‘‘(III) the owner or operator receives notice site security plan; retary revokes the certification of an expedited from the Secretary of a change in tiering under ‘‘(vi) each individual responsible for imple- approval facility under item (aa) by issuing an subsection (e)(3). menting the site security plan is fully aware of order under section 2104(a)(1)(B)— ‘‘(iii) DEADLINE.—An amended site security the requirements relevant to the individual’s re- ‘‘(AA) the order shall require the owner or op- plan and certification shall be submitted under sponsibility contained in the site security plan erator of the facility to submit a site security clause (i)— and is competent to carry out those require- ‘‘(I) in the case of a change in design, con- plan or alternative security program for review ments; and struction, operation, or maintenance of the ex- by the Secretary review under subsection (c)(1); ‘‘(vii) the owner or operator has committed, pedited approval facility that affects the secu- and or, in the case of planned measures will commit, ‘‘(BB) the facility shall no longer be eligible to rity plan, not later than 120 days after the date the necessary resources to fully implement the certify a site security plan under this para- on which the change in design, construction, site security plan. graph. operation, or maintenance occurred; ‘‘(D) DEADLINE.— ‘‘(II) in the case of the Secretary requiring ad- ‘‘(V) FACIAL DEFICIENCY.—If the Secretary de- ‘‘(i) IN GENERAL.—Not later than 120 days ditional security measures or suspending a cer- termines that a new or modified site security after the date described in clause (ii), the owner tification and recommending additional security plan submitted by an expedited approval facility or operator of an expedited approval facility measures under subparagraph (G), not later under subclause (III) is facially deficient— shall submit to the Secretary the site security ‘‘(aa) not later than 120 days after the date of than 120 days after the date on which the owner plan and the certification described in subpara- the determination, the owner or operator of the or operator receives notice of the requirement for graph (C). facility shall submit a site security plan or alter- additional security measures or suspension of ‘‘(ii) DATE.—The date described in this clause native security program for review by the Sec- the certification and recommendation of addi- is— retary under subsection (c)(1); and tional security measures; and ‘‘(I) for an expedited approval facility that ‘‘(III) in the case of a change in tiering, not ‘‘(bb) the facility shall no longer be eligible to was assigned to tier 3 or 4 under existing CFATS later than 120 days after the date on which the certify a site security plan under this para- regulations before the date of enactment of the owner or operator receives notice under sub- graph. Protecting and Securing Chemical Facilities ‘‘(H) TEMPLATES.— section (e)(3). ‘‘(i) IN GENERAL.—The Secretary may develop from Terrorist Attacks Act of 2014, the date that ‘‘(G) FACIALLY DEFICIENT SITE SECURITY prescriptive site security plan templates with is 210 days after the date of enactment of that PLANS.— Act; and ‘‘(i) PROHIBITION.—Notwithstanding subpara- specific security measures to meet the risk-based ‘‘(II) for any expedited approval facility not graph (A) or (E), the Secretary may suspend the performance standards under subsection described in subclause (I), the later of— authority of a covered chemical facility to cer- (a)(2)(C) for adoption and certification by a cov- ‘‘(aa) the date on which the expedited ap- tify a site security plan if the Secretary— ered chemical facility assigned to tier 3 or 4 in proval facility is assigned to tier 3 or 4 under ‘‘(I) determines the certified site security plan lieu of developing and certifying its own plan. subsection (e)(2)(A); or or an amended site security plan is facially defi- ‘‘(ii) PROCESS.—In developing and issuing, or ‘‘(bb) the date that is 210 days after the date cient; and amending, the site security plan templates under of enactment of the Protecting and Securing ‘‘(II) not later than 100 days after the date on this subparagraph, issuing guidance for imple- Chemical Facilities from Terrorist Attacks Act of which the Secretary receives the site security mentation of the templates, and in collecting in- 2014. plan and certification, provides the covered formation from expedited approval facilities, the ‘‘(iii) NOTICE.—An owner or operator of an ex- chemical facility with written notification that Secretary— pedited approval facility shall notify the Sec- the site security plan is facially deficient, in- ‘‘(I) shall consult with— retary of the intent of the owner or operator to cluding a clear explanation of each deficiency ‘‘(aa) Sector Coordinating Councils estab- certify the site security plan for the expedited in the site security plan. lished under sections 201 and 871(a); and approval facility not later than 30 days before ‘‘(ii) ADDITIONAL SECURITY MEASURES.— ‘‘(bb) appropriate labor organizations; and the date on which the owner or operator submits ‘‘(I) IN GENERAL.—If, during or after a compli- ‘‘(II) shall not be subject to section 553 of title the site security plan and certification described ance inspection of an expedited approval facil- 5, United States Code, the National Environ- in subparagraph (C). ity, the Secretary determines that planned or mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(E) COMPLIANCE.— implemented security measures in the site secu- seq.), subchapter I of chapter 35 of title 44, ‘‘(i) IN GENERAL.—For an expedited approval rity plan of the facility are insufficient to meet United States Code, or section 2107(b) of this facility submitting a site security plan and cer- the risk-based performance standards based on title. tification in accordance with subparagraphs misrepresentation, omission, or an inadequate ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in (A), (B), (C), and (D)— description of the site, the Secretary may— this subparagraph shall be construed to prevent ‘‘(I) the expedited approval facility shall com- ‘‘(aa) require additional security measures; or a covered chemical facility from developing and ply with all of the requirements of its site secu- ‘‘(bb) suspend the certification of the facility. certifying its own security plan in accordance rity plan; and ‘‘(II) RECOMMENDATION OF ADDITIONAL SECU- with subparagraph (A). ‘‘(II) the Secretary— RITY MEASURES.—If the Secretary suspends the ‘‘(I) EVALUATION.—

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‘‘(i) IN GENERAL.—Not later than 18 months for the training and retraining of each indi- retary shall consult with the heads of other after the date of enactment of the Protecting vidual used by the Department as an auditor or Federal agencies, States and political subdivi- and Securing Chemical Facilities from Terrorist inspector, including each individual employed sions thereof, relevant business associations, Attacks Act of 2014, the Secretary shall take any by the Department and all nondepartmental or and public and private labor organizations to appropriate action necessary for a full evalua- nongovernmental personnel, including— identify all chemical facilities of interest. tion of the expedited approval program author- ‘‘(i) minimum training requirements for new ‘‘(2) RISK ASSESSMENT.— ized under this paragraph, including con- auditors and inspectors; ‘‘(A) IN GENERAL.—For purposes of this title, ducting an appropriate number of inspections, ‘‘(ii) retraining requirements; the Secretary shall develop a security risk as- as authorized under subsection (d), of expedited ‘‘(iii) minimum education and experience lev- sessment approach and corresponding tiering approval facilities. els; methodology for covered chemical facilities that ‘‘(ii) REPORT.—Not later than 18 months after ‘‘(iv) the submission of information as re- incorporates the relevant elements of risk, in- the date of enactment of the Protecting and Se- quired by the Secretary to enable determination cluding threat, vulnerability, and consequence. curing Chemical Facilities from Terrorist At- of whether the auditor or inspector has a con- ‘‘(B) CRITERIA FOR DETERMINING SECURITY tacks Act of 2014, the Secretary shall submit to flict of interest; RISK.—The criteria for determining the security the Committee on Homeland Security and Gov- ‘‘(v) the proper certification or certifications risk of terrorism associated with a covered chem- ernmental Affairs of the Senate and the Com- necessary to handle chemical-terrorism vulner- ical facility shall take into account— mittee on Homeland Security of the House of ability information (as defined in section 27.105 ‘‘(i) relevant threat information; Representatives a report that contains— of title 6, Code of Federal Regulations, or any ‘‘(ii) potential economic consequences and the ‘‘(I) any costs and efficiencies associated with successor thereto); potential loss of human life in the event of the the expedited approval program authorized ‘‘(vi) the reporting of any issue of non-compli- facility being subject to a terrorist attack, com- under this paragraph; ance with this section to the Secretary within 24 promise, infiltration, or exploitation; and ‘‘(II) the impact of the expedited approval hours; and ‘‘(iii) vulnerability of the facility to a terrorist program on the backlog for site security plan ‘‘(vii) any additional qualifications for fitness attack, compromise, infiltration, or exploitation. approval and authorization inspections; of duty as the Secretary may require. ‘‘(3) CHANGES IN TIERING.— ‘‘(III) an assessment of the ability of expedited ‘‘(F) CONDITIONS FOR NONGOVERNMENTAL ‘‘(A) MAINTENANCE OF RECORDS.—The Sec- approval facilities to submit facially sufficient AUDITORS AND INSPECTORS.—If the Secretary ar- retary shall document the basis for each in- site security plans; ranges for an audit or inspection under sub- stance in which— ‘‘(IV) an assessment of any impact of the ex- paragraph (B) to be carried out by a nongovern- ‘‘(i) tiering for a covered chemical facility is pedited approval program on the security of mental entity, the Secretary shall— changed; or chemical facilities; and ‘‘(i) prescribe standards for the qualification ‘‘(ii) a covered chemical facility is determined ‘‘(V) a recommendation by the Secretary on of the individuals who carry out such audits to no longer be subject to the requirements the frequency of compliance inspections that and inspections that are commensurate with the under this title. may be required for expedited approval facili- standards for similar Government auditors or in- ‘‘(B) REQUIRED INFORMATION.—The records ties. spectors; and maintained under subparagraph (A) shall in- ‘‘(d) COMPLIANCE.— ‘‘(ii) ensure that any duties carried out by a clude information on whether and how the Sec- ‘‘(1) AUDITS AND INSPECTIONS.— nongovernmental entity are not inherently gov- retary confirmed the information that was the ‘‘(A) DEFINITIONS.—In this paragraph— ernmental functions. basis for the change or determination described ‘‘(i) the term ‘nondepartmental’— ‘‘(2) PERSONNEL SURETY.— in subparagraph (A). ‘‘(A) PERSONNEL SURETY PROGRAM.—For pur- ‘‘(I) with respect to personnel, means per- ‘‘(4) SEMIANNUAL PERFORMANCE REPORTING.— sonnel that is not employed by the Department; poses of this title, the Secretary shall establish Not later than 6 months after the date of enact- and and carry out a Personnel Surety Program ment of the Protecting and Securing Chemical ‘‘(II) with respect to an entity, means an enti- that— Facilities from Terrorist Attacks Act of 2014, and ‘‘(i) does not require an owner or operator of ty that is not a component or other authority of not less frequently than once every 6 months a covered chemical facility that voluntarily par- the Department; and thereafter, the Secretary shall submit to the ‘‘(ii) the term ‘nongovernmental’— ticipates in the program to submit information Committee on Homeland Security and Govern- ‘‘(I) with respect to personnel, means per- about an individual more than one time; mental Affairs of the Senate and the Committee sonnel that is not employed by the Federal Gov- ‘‘(ii) provides a participating owner or oper- on Homeland Security of the House of Rep- ernment; and ator of a covered chemical facility with relevant resentatives a report that describes, for the pe- ‘‘(II) with respect to an entity, means an enti- information about an individual based on vet- riod covered by the report— ty that is not an agency, department, or other ting the individual against the terrorist screen- ‘‘(A) the number of covered chemical facilities authority of the Federal Government. ing database, to the extent that such feedback is in the United States; ‘‘(B) AUTHORITY TO CONDUCT AUDITS AND IN- necessary for the facility to be in compliance ‘‘(B) the average number of days spent re- SPECTIONS.—The Secretary shall conduct audits with regulations promulgated under this title; viewing site security or an alternative security or inspections under this title using— and program for a covered chemical facility prior to ‘‘(i) employees of the Department; or ‘‘(iii) provides redress to an individual— ‘‘(ii) nondepartmental or nongovernmental ‘‘(I) whose information was vetted against the approval; personnel approved by the Secretary. terrorist screening database under the program; ‘‘(C) the number of covered chemical facilities ‘‘(C) SUPPORT PERSONNEL.—The Secretary and inspected; may use nongovernmental personnel to provide ‘‘(II) who believes that the personally identifi- ‘‘(D) the average number of covered chemical administrative and logistical services in support able information submitted to the Department facilities inspected per inspector; and of audits and inspections under this title. for such vetting by a covered chemical facility, ‘‘(E) any other information that the Secretary ‘‘(D) REPORTING STRUCTURE.— or its designated representative, was inaccurate. determines will be helpful to Congress in evalu- ‘‘(i) NONDEPARTMENTAL AND NONGOVERN- ‘‘(B) PERSONNEL SURETY PROGRAM IMPLEMEN- ating the performance of the Chemical Facility MENTAL AUDITS AND INSPECTIONS.—Any audit or TATION.—To the extent that a risk-based per- Anti-Terrorism Standards Program. inspection conducted by an individual employed formance standard established under subsection ‘‘SEC. 2103. PROTECTION AND SHARING OF IN- by a nondepartmental or nongovernmental enti- (a) requires identifying individuals with ties to FORMATION. ty shall be assigned in coordination with a re- terrorism— ‘‘(a) IN GENERAL.—Notwithstanding any other gional supervisor with responsibility for super- ‘‘(i) a covered chemical facility may satisfy its provision of law, information developed under vising inspectors within the Infrastructure Secu- obligation under the standard by using any this title, including vulnerability assessments, rity Compliance Division of the Department for Federal screening program that periodically vets site security plans, and other security related the region in which the audit or inspection is to individuals against the terrorist screening data- information, records, and documents shall be be conducted. base, or any successor program, including the given protections from public disclosure con- ‘‘(ii) REQUIREMENT TO REPORT.—While an in- Personnel Surety Program established under sistent with the protection of similar informa- dividual employed by a nondepartmental or subparagraph (A); and tion under section 70103(d) of title 46, United nongovernmental entity is in the field con- ‘‘(ii) the Secretary may not require a covered States Code. ducting an audit or inspection under this sub- chemical facility to submit any information ‘‘(b) SHARING OF INFORMATION WITH STATES section, the individual shall report to the re- about an individual unless the individual— AND LOCAL GOVERNMENTS.—Nothing in this sec- gional supervisor with responsibility for super- ‘‘(I) is to be vetted under the Personnel Surety tion shall be construed to prohibit the sharing of vising inspectors within the Infrastructure Secu- Program; or information developed under this title, as the rity Compliance Division of the Department for ‘‘(II) has been identified as presenting a ter- Secretary determines appropriate, with State the region in which the individual is operating. rorism security risk. and local government officials possessing a need ‘‘(iii) APPROVAL.—The authority to approve a ‘‘(3) AVAILABILITY OF INFORMATION.—The to know and the necessary security clearances, site security plan under subsection (c) or deter- Secretary shall share with the owner or operator including law enforcement officials and first re- mine if a covered chemical facility is in compli- of a covered chemical facility any information sponders, for the purpose of carrying out this ance with an approved site security plan shall that the owner or operator needs to comply with title. be exercised solely by the Secretary or a des- this section. ‘‘(c) SHARING OF INFORMATION WITH FIRST ignee of the Secretary within the Department. ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— RESPONDERS.— ‘‘(E) STANDARDS FOR AUDITORS AND INSPEC- ‘‘(1) IDENTIFICATION OF CHEMICAL FACILITIES ‘‘(1) REQUIREMENT.—The Secretary shall pro- TORS.—The Secretary shall prescribe standards OF INTEREST.—In carrying out this title, the Sec- vide to State, local, and regional fusion centers

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(as that term is defined in section 210A(j)(1)) ‘‘(d) RIGHT OF ACTION.—Nothing in this title section (a) shall be protected in accordance with and State and local government officials, as the confers upon any person except the Secretary or section 2103. Secretary determines appropriate, such informa- his or her designee a right of action against an ‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS. tion as is necessary to help ensure that first re- owner or operator of a covered chemical facility ‘‘(a) OTHER FEDERAL LAWS.—Nothing in this sponders are properly prepared and provided to enforce any provision of this title. title shall be construed to supersede, amend, with the situational awareness needed to re- ‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. alter, or affect any Federal law that regulates spond to security incidents at covered chemical ‘‘(a) PROCEDURE FOR REPORTING PROBLEMS.— the manufacture, distribution in commerce, use, facilities. ‘‘(1) ESTABLISHMENT OF A REPORTING PROCE- sale, other treatment, or disposal of chemical ‘‘(2) DISSEMINATION.—The Secretary shall dis- DURE.—Not later than 180 days after the date of substances or mixtures. seminate information under paragraph (1) enactment of the Protecting and Securing Chem- ‘‘(b) STATES AND POLITICAL SUBDIVISIONS.— through a medium or system determined by the ical Facilities from Terrorist Attacks Act of 2014, This title shall not preclude or deny any right of Secretary to be appropriate to ensure the secure the Secretary shall establish, and provide infor- any State or political subdivision thereof to and expeditious dissemination of such informa- mation to the public regarding, a procedure adopt or enforce any regulation, requirement, or tion to necessary selected individuals. under which any employee or contractor of a standard of performance with respect to chem- ‘‘(d) ENFORCEMENT PROCEEDINGS.—In any chemical facility may submit a report to the Sec- ical facility security that is more stringent than proceeding to enforce this section, vulnerability retary regarding problems, deficiencies, or a regulation, requirement, or standard of per- assessments, site security plans, and other infor- vulnerabilities at a covered chemical facility formance issued under this section, or otherwise mation submitted to or obtained by the Sec- that are associated with the risk of a chemical impair any right or jurisdiction of any State retary under this title, and related vulnerability facility terrorist incident. with respect to chemical facilities within that or security information, shall be treated as if the ‘‘(2) CONFIDENTIALITY.—The Secretary shall State, unless there is an actual conflict between information were classified information. keep confidential the identity of an individual this section and the law of that State. ‘‘(e) AVAILABILITY OF INFORMATION.—Not- who submits a report under paragraph (1) and ‘‘SEC. 2107. CFATS REGULATIONS. withstanding any other provision of law (in- any such report shall be treated as a record con- ‘‘(a) GENERAL AUTHORITY.—The Secretary cluding section 552(b)(3) of title 5, United States taining protected information to the extent that may, in accordance with chapter 5 of title 5, Code), section 552 of title 5, United States Code the report does not consist of publicly available United States Code, promulgate regulations or (commonly known as the ‘Freedom of Informa- information. amend existing CFATS regulations to implement tion Act’) shall not apply to information pro- ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re- the provisions under this title. tected from public disclosure pursuant to sub- port submitted under paragraph (1) identifies ‘‘(b) EXISTING CFATS REGULATIONS.— section (a) of this section. the individual making the report, the Secretary ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘SEC. 2104. CIVIL ENFORCEMENT. shall promptly respond to the individual directly 4(b) of the Protecting and Securing Chemical ‘‘(a) NOTICE OF NONCOMPLIANCE.— and shall promptly acknowledge receipt of the Facilities from Terrorist Attacks Act of 2014, ‘‘(1) NOTICE.—If the Secretary determines that report. each existing CFATS regulation shall remain in a covered chemical facility is not in compliance ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec- effect unless the Secretary amends, consolidates, with this title, the Secretary shall— retary shall— or repeals the regulation. ‘‘(A) provide the owner or operator of the fa- ‘‘(A) review and consider the information pro- ‘‘(2) REPEAL.—Not later than 30 days after the cility with— vided in any report submitted under paragraph date of enactment of the Protecting and Secur- ‘‘(i) not later than 14 days after date on (1); and ing Chemical Facilities from Terrorist Attacks which the Secretary makes the determination, a ‘‘(B) take appropriate steps under this title if Act of 2014, the Secretary shall repeal any exist- written notification of noncompliance that in- necessary to address any substantiated prob- ing CFATS regulation that the Secretary deter- cludes a clear explanation of any deficiency in lems, deficiencies, or vulnerabilities associated mines is duplicative of, or conflicts with, this the security vulnerability assessment or site se- with the risk of a chemical facility terrorist inci- title. curity plan; and dent identified in the report. ‘‘(c) AUTHORITY.—The Secretary shall exclu- ‘‘(ii) an opportunity for consultation with the ‘‘(5) RETALIATION PROHIBITED.— sively rely upon authority provided under this Secretary or the Secretary’s designee; and ‘‘(A) IN GENERAL.—An owner or operator of a ‘‘(B) issue to the owner or operator of the fa- title in— covered chemical facility or agent thereof may ‘‘(1) determining compliance with this title; cility an order to comply with this title by a not discharge an employee or otherwise discrimi- ‘‘(2) identifying chemicals of interest; and date specified by the Secretary in the order, nate against an employee with respect to the ‘‘(3) determining security risk associated with which date shall be not later than 180 days after compensation provided to, or terms, conditions, a chemical facility. the date on which the Secretary issues the or privileges of the employment of, the employee order. ‘‘SEC. 2108. SMALL COVERED CHEMICAL FACILI- because the employee (or an individual acting TIES. ‘‘(2) CONTINUED NONCOMPLIANCE.—If an owner or operator continues to be in noncompli- pursuant to a request of the employee) sub- ‘‘(a) DEFINITION.—In this section, the term ance with this title after the date specified in an mitted a report under paragraph (1). ‘small covered chemical facility’ means a cov- order issued under paragraph (1)(B), the Sec- ‘‘(B) EXCEPTION.—An employee shall not be ered chemical facility that— retary may enter an order in accordance with entitled to the protections under this section if ‘‘(1) has fewer than 100 employees employed at this section assessing a civil penalty, an order to the employee— the covered chemical facility; and cease operations, or both. ‘‘(i) knowingly and willfully makes any false, ‘‘(2) is owned and operated by a small busi- ‘‘(b) CIVIL PENALTIES.— fictitious, or fraudulent statement or representa- ness concern (as defined in section 3 of the ‘‘(1) VIOLATIONS OF ORDERS.—Any person who tion; or Small Business Act (15 U.S.C. 632)). violates an order issued under this title shall be ‘‘(ii) uses any false writing or document ‘‘(b) ASSISTANCE TO FACILITIES.—The Sec- liable for a civil penalty under section 70119(a) knowing the writing or document contains any retary may provide guidance and, as appro- of title 46, United States Code. false, fictitious, or fraudulent statement or priate, tools, methodologies, or computer soft- ‘‘(2) NON-REPORTING CHEMICAL FACILITIES OF entry. ware, to assist small covered chemical facilities INTEREST.—Any owner of a chemical facility of ‘‘(b) PROTECTED DISCLOSURES.—Nothing in in developing the physical security, cybersecu- interest who fails to comply with, or knowingly this title shall be construed to limit the right of rity, recordkeeping, and reporting procedures submits false information under, this title or the an individual to make any disclosure— required under this title. CFATS regulations shall be liable for a civil ‘‘(1) protected or authorized under section ‘‘(c) REPORT.—The Secretary shall submit to penalty under section 70119(a) of title 46, United 2302(b)(8) or 7211 of title 5, United States Code; the Committee on Homeland Security and Gov- States Code. ‘‘(2) protected under any other Federal or ernmental Affairs of the Senate and the Com- ‘‘(c) EMERGENCY ORDERS.— State law that shields the disclosing individual mittee on Homeland Security of the House of ‘‘(1) IN GENERAL.—Notwithstanding subsection against retaliation or discrimination for having Representatives a report on best practices that (a) or any site security plan or alternative secu- made the disclosure in the public interest; or may assist small covered chemical facilities in rity program approved under this title, if the ‘‘(3) to the Special Counsel of an agency, the development of physical security best practices. Secretary determines that there is a reasonable inspector general of an agency, or any other em- ‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES likelihood that a violation of this title or the ployee designated by the head of an agency to OF INTEREST. CFATS regulations by a chemical facility could receive disclosures similar to the disclosures de- ‘‘Not later than 90 days after the date of en- result in death, serious illness, severe personal scribed in paragraphs (1) and (2). actment of the Protecting and Securing Chem- injury, or substantial endangerment to the pub- ‘‘(c) PUBLICATION OF RIGHTS.—The Secretary, ical Facilities from Terrorist Attacks Act of 2014, lic, the Secretary may direct the facility, effec- in partnership with industry associations and the Secretary shall establish an outreach imple- tive immediately or as soon as practicable, to— labor organizations, shall make publicly avail- mentation plan, in coordination with the heads ‘‘(A) cease some or all operations; or able both physically and online the rights that of other appropriate Federal and State agencies, ‘‘(B) implement appropriate emergency secu- an individual who discloses information, includ- relevant business associations, and public and rity measures. ing security-sensitive information, regarding private labor organizations, to— ‘‘(2) LIMITATION ON DELEGATION.—The Sec- problems, deficiencies, or vulnerabilities at a ‘‘(1) identify chemical facilities of interest; retary may not delegate the authority under covered chemical facility would have under Fed- and paragraph (1) to any official other than the eral whistleblower protection laws or this title. ‘‘(2) make available compliance assistance ma- Under Secretary for the National Protection and ‘‘(d) PROTECTED INFORMATION.—All informa- terials and information on education and train- Programs Directorate. tion contained in a report made under this sub- ing.’’.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 6333 E:\CR\FM\A10DE6.004 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6486 CONGRESSIONAL RECORD — SENATE December 10, 2014 (b) CLERICAL AMENDMENT.—The table of con- (A) IN GENERAL.—During the 3-year period be- The bill (H.R. 4007), as amended, was tents in section 1(b) of the Homeland Security ginning on the date of enactment of this Act, passed. Act of 2002 (Public Law 107–196; 116 Stat. 2135) the Comptroller General of the United States Mrs. BOXER. Madam President, I ask is amended by adding at the end the following: shall submit to Congress an annual report that unanimous consent that the motion to assesses the implementation of this Act and the ‘‘TITLE XXI—CHEMICAL FACILITY ANTI– reconsider be considered made and laid TERRORISM STANDARDS amendments made by this Act. (B) INITIAL REPORT.—Not later than 180 days upon the table with no intervening ac- ‘‘Sec. 2101. Definitions. after the date of enactment of this Act, the tion or debate. ‘‘Sec. 2102. Chemical Facility Anti-Terrorism Comptroller General shall submit to Congress Standards Program. The PRESIDING OFFICER. Without the first report under subparagraph (A). ‘‘Sec. 2103. Protection and sharing of informa- objection, it is so ordered. (C) SECOND ANNUAL REPORT.—Not later than tion. f one year from the date of the initial report re- ‘‘Sec. 2104. Civil enforcement. ‘‘Sec. 2105. Whistleblower protections. quired under subparagraph (B), the Comptroller CIRDA ACT OF 2014 ‘‘Sec. 2106. Relationship to other laws. General shall submit to Congress the second re- Mrs. BOXER. Madam President, I ask ‘‘Sec. 2107. CFATS regulations. port under subparagraph (A), which shall in- clude an assessment of the whistleblower protec- unanimous consent that the Homeland ‘‘Sec. 2108. Small covered chemical facilities. Security and Governmental Affairs ‘‘Sec. 2109. Outreach to chemical facilities of in- tions provided under section 2105 of the Home- terest.’’. land Security Act of 2002, as added by section 2, Committee be discharged from further and— consideration of H.R. 2952 and the Sen- SEC. 3. ASSESSMENT; REPORTS. (i) describes the number and type of problems, (a) DEFINITIONS.—In this section— ate proceed to its immediate consider- deficiencies, and vulnerabilities with respect to (1) the term ‘‘Chemical Facility Anti-Ter- ation. which reports have been submitted under such rorism Standards Program’’ means— The PRESIDING OFFICER. Without section 2105; (A) the Chemical Facility Anti-Terrorism (ii) evaluates the efforts of the Secretary in objection, it is so ordered. Standards program initially authorized under addressing the problems, deficiencies, and The clerk will report the bill by title. section 550 of the Department of Homeland Se- vulnerabilities described in subsection (a)(1) of The assistant legislative clerk read curity Appropriations Act, 2007 (Public Law 109- such section 2105; and as follows: 295; 6 U.S.C. 121 note); and (iii) evaluates the efforts of the Secretary to (B) the Chemical Facility Anti-Terrorism A bill (H.R. 2952) to amend the Homeland inform individuals of their rights, as required Security Act of 2002 to make certain im- Standards Program subsequently authorized under subsection (c) of such section 2105. under section 2102(a) of the Homeland Security provements in the laws relating to the ad- (D) THIRD ANNUAL REPORT.—Not later than 1 vancement of security technologies for crit- Act of 2002, as added by section 2; year after the date on which the Comptroller (2) the term ‘‘Department’’ means the Depart- ical infrastructure protection, and for other General submits the second report required purposes. ment of Homeland Security; and under subparagraph (A), the Comptroller Gen- (3) the term ‘‘Secretary’’ means the Secretary eral shall submit to Congress the third report There being no objection, the Senate of Homeland Security. under subparagraph (A), which shall include an proceeded to consider the bill. (b) THIRD-PARTY ASSESSMENT.—Using assessment of— Mrs. BOXER. I ask unanimous con- amounts appropriated to the Department before (i) the expedited approval program authorized sent that the Carper substitute amend- the date of enactment of this Act, the Secretary under section 2102(c)(4) of the Homeland Secu- ment be agreed to; the bill, as amend- shall commission a third-party study to assess rity Act of 2002, as added by section 2; and vulnerabilities of covered chemical facilities, as ed, be read a third time, and the Senate (ii) the report on the expedited approval pro- proceed to vote on passage of the bill, defined in section 2101 of the Homeland Security gram submitted by the Secretary under subpara- Act of 2002 (as added by section 2), to acts of graph (I)(ii) of such section 2102(c)(4). as amended. terrorism. The PRESIDING OFFICER. Without SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. (c) REPORTS.— (a) EFFECTIVE DATE.—This Act, and the objection, it is so ordered. (1) REPORT TO CONGRESS.—Not later than 18 amendments made by this Act, shall take effect The amendment (No. 4001) in the na- months after the date of enactment of this Act, on the date that is 30 days after the date of en- ture of a substitute was agreed to, as the Secretary shall submit to the Committee on actment of this Act. follows: Homeland Security and Governmental Affairs of (b) CONFORMING REPEAL.—Section 550 of the the Senate and the Committee on Homeland Se- (Purpose: In the nature of a substitute) Department of Homeland Security Appropria- curity of the House of Representatives a report tions Act, 2007 (Public Law 109–295; 120 Stat. Strike all after the enacting clause and in- on the Chemical Facility Anti-Terrorism Stand- 1388), is repealed as of the effective date of this sert the following: ards Program that includes— Act. SECTION 1. SHORT TITLE. (A) a certification by the Secretary that the This Act may be cited as the ‘‘Cybersecu- Secretary has made significant progress in the SEC. 5. TERMINATION. rity Workforce Assessment Act’’. identification of all chemical facilities of interest The authority provided under title XXI of the under section 2102(e)(1) of the Homeland Secu- Homeland Security Act of 2002, as added by sec- SEC. 2. DEFINITIONS. rity Act of 2002, as added by section 2, includ- tion 2(a), shall terminate on the date that is 4 In this Act— ing— years after the effective date of this Act. (1) the term ‘‘Cybersecurity Category’’ (i) a description of the steps taken to achieve Mrs. BOXER. Madam President, I ask means a position’s or incumbent’s primary that progress and the metrics used to measure unanimous consent that the com- work function involving cybersecurity, the progress; mittee-reported substitute amendment which is further defined by Specialty Area; (ii) information on whether facilities that sub- (2) the term ‘‘Department’’ means the De- be considered; the Carper-Coburn partment of Homeland Security; mitted Top-Screens as a result of the identifica- amendment, which is at the desk, be tion of chemical facilities of interest were tiered (3) the term ‘‘Secretary’’ means the Sec- and in what tiers those facilities were placed; agreed to; the committee substitute, as retary of Homeland Security; and and amended, be agreed to; the bill, as (4) the term ‘‘Specialty Area’’ means any (iii) an action plan to better identify chemical amended, be read a third time and the of the common types of cybersecurity work facilities of interest and bring those facilities Senate proceed to vote on passage of as recognized by the National Initiative for into compliance with title XXI of the Homeland the bill, as amended. Cybersecurity Education’s National Cyberse- Security Act of 2002, as added by section 2; The PRESIDING OFFICER. Without curity Workforce Framework report. (B) a certification by the Secretary that the objection, it is so ordered. SEC. 3. CYBERSECURITY WORKFORCE ASSESS- MENT AND STRATEGY. Secretary has developed a risk assessment ap- The amendment (No. 4000) was agreed proach and corresponding tiering methodology (a) WORKFORCE ASSESSMENT.— under section 2102(e)(2) of the Homeland Secu- to. (1) IN GENERAL.—Not later than 180 days rity Act of 2002, as added by section 2; (The amendment is printed in today’s after the date of enactment of this Act, and (C) an assessment by the Secretary of the im- RECORD under ‘‘Text of Amendments.’’) annually thereafter for 3 years, the Sec- plementation by the Department of the rec- The committee-reported amendment retary shall assess the cybersecurity work- ommendations made by the Homeland Security in the nature of a substitute, as amend- force of the Department. Studies and Analysis Institute as outlined in the ed, was agreed to. (2) CONTENTS.—The assessment required Institute’s Tiering Methodology Peer Review The amendments were ordered to be under paragraph (1) shall include, at a min- (Publication Number: RP12–22–02); and engrossed and the bill to be read a imum— (A) an assessment of the readiness and ca- (D) a description of best practices that may third time. assist small covered chemical facilities, as de- pacity of the workforce of the Department to fined in section 2108(a) of the Homeland Secu- The bill was read the third time. meet its cybersecurity mission; rity Act of 2002, as added by section 2, in the de- The PRESIDING OFFICER. The bill (B) information on where cybersecurity velopment of physical security best practices. having been read the third time, the workforce positions are located within the (2) ANNUAL GAO REPORT.— question is, Shall the bill pass? Department;

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.004 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6487 (C) information on which cybersecurity The title amendment (No. 4002) was that are important for us to continue workforce positions are— agreed to, as follows: to recruit and get the best of the best. (i) performed by— (Purpose: To amend the title) It also creates educational and port- (I) permanent full-time equivalent employ- able career opportunities for Active- ees of the Department, including, to the Amend the title so as to read: ‘‘To require greatest extent practicable, demographic in- the Secretary of Homeland Security to as- Duty Coast Guard spouses and eases formation about such employees; sess the cybersecurity workforce of the De- the transition for Coast Guard per- (II) independent contractors; and partment of Homeland Security and develop sonnel into postservice life. It provides (III) individuals employed by other Federal a comprehensive workforce strategy, and for inflation adjustment for funding levels agencies, including the National Security other purposes.’’. for something very important to us in Agency; or Mrs. BOXER. Madam President, I Alaska, the Cook Inlet Regional Citi- (ii) vacant; and yield the floor. zens Advisory Committee. This group (D) information on— The PRESIDING OFFICER. The Sen- of citizens is involved in ensuring that (i) the percentage of individuals within ator from Alaska. each Cybersecurity Category and Specialty the community at Cook Inlet—there is Area who received essential training to per- f a lot of oil activity and fishing activity form their jobs; and PROTECTING VOLUNTEER FIRE- and other types of activities that are in (ii) in cases in which such essential train- FIGHTERS AND EMERGENCY RE- that region—and citizens are engaged ing was not received, what challenges, if any, in their input. It is not just industry, were encountered with respect to the provi- SPONDERS ACT OF 2014—Contin- ued but it is industry and citizens working sion of such essential training. together. This ensures that their fund- (b) WORKFORCE STRATEGY.— COAST GUARD AUTHORIZATION ing continues and is inflation adjusted (1) IN GENERAL.—The Secretary shall— Mr. BEGICH. Madam President, I will for the future. That is important. (A) not later than 1 year after the date of be brief, but I want to thank both Sen- enactment of this Act, develop a comprehen- Lastly, a small item, but it allows sive workforce strategy to enhance the read- ators on the floor, Senators BOXER and the Commandant to issue leases on iness, capacity, training, recruitment, and VITTER, for working on this issue. It tidelands and submerged lands. That is retention of the cybersecurity workforce of was critical for Alaska’s fishermen and important because there are parcels of the Department; and really for fishermen across the coun- property that the Coast Guard controls (B) maintain and, as necessary, update the try. More importantly this will resolve that are adjacent to communities, and comprehensive workforce strategy developed the issue with the Coast Guard bill, we need to make sure that there is under subparagraph (A). which is critical to get done for many flexibility for them to do the work (2) CONTENTS.—The comprehensive work- other reasons. force strategy developed under paragraph (1) they need to do. This piece of legisla- shall include a description of— First, on the discharge issue, as stat- tion was cosponsored by Senator (A) a multi-phased recruitment plan, in- ed earlier, this is an important waiver ROCKEFELLER, Senators THUNE, RUBIO, cluding with respect to experienced profes- for our fishermen in Alaska. This will MARIA CANTWELL and many others. sionals, members of disadvantaged or under- ensure that a regulation that wasn’t This truly is a bipartisan piece of legis- served communities, the unemployed, and going to have any positive impact with lation and an example of what we do veterans; regards to what they were attempting best when we work together. (B) a 5-year implementation plan; to do but would have a negative impact Imagine a piece of legislation such as (C) a 10-year projection of the cybersecu- in regards to our fishermen—giving rity workforce needs of the Department; this, an authorization legislation for (D) any obstacle impeding the hiring and them a 3-year waiver is exceptional be- one of our large agencies, the Coast development of a cybersecurity workforce in cause every year we would have a 1- Guard, now the second time happening the Department; and year waiver. So a 3-year waiver is fan- without a big fight on the floor, with- (E) any gap in the existing cybersecurity tastic, but I agree with Senator BOXER out this back and forth between the workforce of the Department and a plan to that this should be permanent. I would House and Senate, but actually getting fill any such gap. like to watch from the outside in to see the work done so our Coast Guard per- (c) UPDATES.—The Secretary submit to the how this develops over the years. appropriate congressional committees an- sonnel know they have a budget that nual updates on— The Coast Guard authorization bill improves upon their quality of life (1) the cybersecurity workforce assessment was critical to get done. This has many issues and in my case in Alaska, mak- required under subsection (a); and important provisions. As the chair of ing sure the Arctic is taken care of. We (2) the progress of the Secretary in car- the committee that dealt with the also increased and made sure the Coast rying out the comprehensive workforce Coast Guard bill, not only this year but Guard ongoing replacement programs strategy required to be developed under sub- 2 years ago, we have been successful are there, with $1.5 billion to continue section (b). now at least since I have been chair to to increase and improve the Coast SEC. 4. CYBERSECURITY FELLOWSHIP PROGRAM. ensure the bill passed by unanimous Guard programs for our country, which Not later than 120 days after the date of consent and not to have big fights over enactment of this Act, the Secretary shall is also very important. submit to the appropriate congressional working out the differences. Again, I Again, I want to thank the body, committees a report on the feasibility, cost, thank Senator VITTER for his effort, thank the folks on both sides of the and benefits of establishing a Cybersecurity making sure we move forward on this aisle. As chair of the committee, it was Fellowship Program to offer a tuition pay- piece of legislation. my honor to be able to move this for- ment plan for individuals pursuing under- The issue I want to highlight—and ward, but also I want to give a special graduate and doctoral degrees who agree to then I will close—is that the Coast thanks to all my staff members who work for the Department for an agreed-upon Guard bill is not only important for period of time. worked on this because without the our fishermen in Alaska, the 79 feet Senate staff who participated in this The amendment was ordered to be and under ships, but also many other engrossed, and the bill to be read a work, we could not have gotten the things. It ensures additional resources third time. work done. I appreciate that. for the Arctic and Antarctic and en- The bill was read the third time. I yield the floor. The PRESIDING OFFICER. The bill sures ice-breaking capabilities, includ- The PRESIDING OFFICER. The Sen- having been read the third time, the ing extending the service life of the ator from Louisiana. question is, Shall the bill pass? currently idled Polar Sea. It enhances IMMIGRATION The bill (H.R. 2952), as amended, was vessel safety information regarding ice Mr. VITTER. Thank you, Madam passed. and weather conditions and improves President. I rise today to express Mrs. BOXER. Madam President, I ask the oil spill prevention and response strong concern and opposition to Presi- unanimous consent that the Carper capabilities. It also ensures avail- dent Obama’s Executive amnesty, title amendment be agreed to, and the ability of quality childcare for our which I think is clearly, flat-out illegal motions to reconsider be considered Coast Guard personnel. We require and unconstitutional. made and laid upon the table with no Coast Guard personnel to go all over I announce that because of that I will intervening action or debate. this country. Part of it is their families be voting ‘‘no’’ on the confirmation of The PRESIDING OFFICER. Without are obviously with them and making Loretta Lynch to become Attorney objection, it is so ordered. sure they have quality of life aspects General—because she would directly

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6488 CONGRESSIONAL RECORD — SENATE December 10, 2014 help President Obama execute that il- Court in the past has recognized that People are frustrated with Congress legal Executive amnesty, and she ‘‘over no conceivable subject is the and part of the reason, of course, is would be actively giving him legal power of Congress more complete’’ gridlock, but mostly it is because they cover, if you will—bad legal rea- than over immigration. So the Su- see a Congress that works just fine for soning—used for PR purposes to fur- preme Court has said that in all sub- the big guys, but it won’t lift a finger ther that illegal Executive order. I ject matters of law across the board, to help them. If big companies can de- urge all my colleagues who share my immigration is squarely in the hands of ploy armies of lobbyists and lawyers to concern about this illegal Executive Congress under the Constitution. get the Congress to vote for special amnesty to do the same. As I said, even more interesting, deals that benefit themselves, then we I strongly oppose President Obama’s President Obama in the past, before simply confirm the view of the Amer- recent action for two reasons. The first this illegal Executive order, has said he ican people that the system is rigged. is I think it is a horrible policy that is doesn’t have this power. He has repeat- Now the House of Representatives is going to take a desperate situation of edly acknowledged that in the past be- about to show us the worst of govern- illegal immigration into this country— fore he took this action. He said: ‘‘This ment for the rich and powerful. The a situation that has truly reached cri- notion that somehow I can just change House is about to vote on a budget sis proportions, including over the last the laws unilaterally is just not true.’’ deal—a deal negotiated behind closed several months with these new waves, Furthermore he said: ‘‘For me to doors—that slips in a provision that for instance, of illegal minors—and simply, through Executive order ignore would let derivative traders on Wall make that desperate situation much those congressional mandates would Street gamble with taxpayer money worse. not conform with my appropriate role and get bailed out by the government Why do I say that? Well, it is com- as President.’’ when their risky bets threaten to blow mon sense. If you take a big action That is what he said when he was de- up our financial system. These are the that is going to reward folks who have fending not taking action before, and same banks that nearly broke the participated in that illegal crossing, he was right. Now he has done exactly economy in 2008 and destroyed millions what do you think you are going to what he correctly said before he did of jobs, the same banks that got bailed get—more of it or less of it? If you re- not have the power to do. out by taxpayers and are now raking in ward behavior, you are going to get As I suggested at the beginning of my record profits, the same banks that are more of it; if you punish or stop behav- remarks, the Attorney General is di- spending a whole lot of time and ior, you will get less of it. So on policy rectly related to this immigration money trying to influence Congress to grounds, this Executive action—this il- issue and this legal constitutional bend the rules in their favor. legal Executive amnesty for about 5 issue. The Attorney General is the top You will hear a lot of folks say that million illegal aliens in our country—is law enforcement officer of the United the rule that will be repealed in the going to reward that behavior and States. The Attorney General is the omnibus is technical and complicated produce more of it. top legal expert for the President and and you shouldn’t worry about it be- As we have proved, we don’t have for the Federal Government. So I think cause smart people who know more adequate protections at the border—an if we truly believe—as I do and as cer- than you do about financial issues say adequate system of enforcement in tainly my Republican colleagues and as it is no big deal. Well, don’t believe place either at the border or just as im- several Democrats do, based on their them. Actually, this rule is pretty sim- portantly at the workplace. It is hor- public statements—that this Executive ple. Here is what it is called—the rule rible policy that is going to make the action is wrong, is unconstitutional, is the House is about to repeal, and I am situation worse. illegal, then we should not confirm an quoting from the text of Dodd-Frank, But the second concern I have is Attorney General who is going to fur- is entitled ‘‘Prohibition Against Fed- much more fundamental, and it goes to ther that illegal unconstitutional eral Government Bailouts of Swaps En- the constitutional authority of the course of action. To me that is very tities.’’ President and the fact that this is straightforward. This is not just grab- What does it do? The provision that clearly beyond his authority because bing someone out of the blue. The At- is about to be repealed requires the he is acting contrary to statutory law. torney General is directly—directly— banks to keep separate a key part of The Congress and the President have related to these issues of the constitu- their risky Wall Street speculation so acted together in the past and laid out tional bounds of law, the constitu- there is no government insurance for statutory law about immigration. This tional lines between the executive and that part of their business. As the New is clearly directly contrary to statu- the legislative—and immigration en- York Times has explained, ‘‘the goal tory law because the President through forcement. Based on that, I will vote was to isolate risky trading and to pre- this Executive action is not simply no, and I will strongly push against the vent government bailouts’’ because saying: I am going to refuse to pros- confirmation of Loretta Lynch as at- these sorts of risky trades, called de- ecute this case or that case or even a torney general, and I urge my col- rivatives trades, were ‘‘a main culprit broad category of cases. He is going leagues to do the same. in the 2008 financial crisis.’’ even further and saying: I am going to If you believe that President Obama’s We put these rules in place after the issue work permits to affirmatively say actions are illegal or unconstitutional collapse of the financial system be- that these people can work legally in through executive amnesty, then I cause we wanted to reduce the risk our country, to affirmatively say that think you need to reach the same con- that reckless gambling on Wall Street employers can hire these people, even clusion, but the attorney general is di- could ever again threaten jobs and live- though that is directly contrary to all rectly related to these issues of both lihoods on Main Street. We put this sorts of statutory law on the books immigration enforcement and the Con- rule in place because people of all po- now. stitution. litical persuasions were disgusted at Every President in the United States I thank the Presiding Officer and the idea of future bailouts. And now, has significant powers, obviously, and yield the floor. no debate, no discussion, Republicans Presidents have the power to fill in the The PRESIDING OFFICER (Ms. in the House of Representatives are details of legislation when those de- BALDWIN). The Senator from Massachu- threatening to shut down the govern- tails are not clear and when they need setts. ment if they don’t get a chance to re- to do so to properly execute the law. FINANCIAL SYSTEM peal it. But that is completely different from Ms. WARREN. Madam President, I That raises a simple question: Why? doing something contrary to statutory come to the floor today to ask a funda- If this rule brings more stability to our law, and that is what President Obama mental question: Who does Congress financial system and helps prevent fu- is doing here. work for? Does it work for the million- ture government bailouts, why in the Several people directly involved in aires, the billionaires, the giant com- world would anyone want to repeal it, this—including the Supreme Court, in- panies with their armies of lobbyists let alone hold the entire government cluding President Obama, ironically— and lawyers, or does it work for all the hostage in order to ram through this have made this clear: The Supreme people? appeal? The reason, unfortunately, is

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.043 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6489 simple—it is about money and power. whose votes are essential to moving about not having a margin of error Because while this legal change could this package forward—to withhold sup- when it comes to dealing with police pose serious risks to our entire econ- port from it until this risky giveaway officers. They would coach me on how omy, it will also make a lot of money is removed from the legislation. We all I should speak and talk and what I for Wall Street banks. need to stand and fight this giveaway should do with my hands because of the According to Americans for Finan- to the most powerful banks in this fears they had of the treatment I might cial Reform, this change will be a huge country. have that would be different than other boon to a handful of our biggest I thank the Presiding Officer and Americans. banks—Citigroup, J.P. Morgan, and yield the floor. I stand today because this cannot Bank of America. The PRESIDING OFFICER. The Sen- simply be reduced to a racial issue. Wall Street spends a lot of time and ator from New Jersey. This is the larger questions of justice money on Congress. Public Citizen and CRIMINAL JUSTICE SYSTEM in our country. This calls to the con- the Center for Responsive Politics Mr. BOOKER. Madam President, I sciousness of all Americans, and it is found that in the runup to Dodd-Frank, rise today to discuss an issue that I be- sourced by the realities we face in this the financial services sector employed lieve should be discussed and worked country where we lead the globe in 1,447 former Federal employees to on so much more in Congress. It de- areas that no American who believes in carry out their lobbying efforts, includ- mands an urgency of action, a dedica- freedom and liberty should want to ing 73 former Members of Congress. tion, and a focus to address our short- lead. According to a report by the Insti- falls as a nation to live up to our We have had over the last decades of tute for America’s Future, by 2010, the ideals, liberty and justice for all. Equal my lifetime an explosion in incarcer- six biggest banks and their trade asso- justice under the law is written on the ation that belies the truth of who we ciations employed 243 lobbyists who Supreme Court, and is a theme of our are. This Nation has seen this country once worked in the Federal Govern- Nation. have an 800-percent increase in the ment, including 33 who worked as It is the source of anguish that I be- Federal prison population over the last chiefs of staff for Members of Congress lieve is driving protests all over our 30 years. Think about that—an 800-per- and 54 who worked as staffers for the country right now. From Ferguson to cent increase. We now have the very ig- banking oversight committees in the Staten Island, from New Jersey to Oak- nominious distinction on the globe for House and Senate. That is a lot of land, citizens of all races and all back- leading the planet Earth in a country former government employees and Sen- grounds—Americans are joining to- that incarcerates its own citizens. In ators and Congressmen pounding on gether to call for change, and to have fact, America is just 5 percent of the Congress to make sure that the big this idea that our legal system really globe’s population, but we have 25 per- banks get heard. should be a justice system. It is no surprise that the financial in- cent of the world’s imprisoned people, Now this is an anguish that is not and I tell you that is not because dustry spent more than $1 million a simply the result and the reaction to Americans have a greater proclivity for day lobbying Congress on financial re- specific incidents. Yes, there is much criminality, it is because our legal sys- form, and that is a lot of money that discussion about those specific inci- tem is not a justice system. went to former elected officials and dents in places such as Staten Island, government employees. Now we see the This overincarceration and over- but it is a reflection of a deeper an- criminality anguishes this Nation, ag- fruits of those investments. guish, an unfinished American business This provision is all about goosing gravates divisions, undermines freedom that has lasted for decades. and liberty and costs taxpayers so the profits of the big banks. Wall I feel in my own personal life this much more money. It is an unneces- Street is not subtle about this one. Ac- sense of gratitude for my unique up- sary burden and expense that is a self- cording to documents reviewed by the bringing. As a young man in 1969, my New York Times, the original bill that parents literally had to get a white inflicted wound in this Nation that un- is being incorporated into the House couple to pose as them to buy the dermines our prosperity and our suc- 1 spending legislation today was literally house I grew up in in New Jersey. They cess. We spend $ ⁄4 trillion a year lock- written by Citigroup lobbyists who ‘‘re- literally had to go through the indig- ing people up, and the majority of drafted’’ the legislation, ‘‘striking out nity of trying to break barriers of race those people are nonviolent offenders. In fact, over the last decade, right certain phrases and inserting others.’’ to move into a town that was all white It has been opposed by current and at the time. now in America there are more people former leaders of the FDIC, including I stand here to tell you I grew up in in prison for drug offenses than all of Sheila Bair, a Republican who formerly the greatest place. The citizens of Har- the people in prison in the 1970s. It is chaired the agency, and Thomas rington Park, NJ, are why I am stand- an extraordinary fact. Whether you are Hoenig, the current vice chairman of ing here right now. The love and caring Black or White, if you get arrested and the agency. For those who are keeping that exists in my State is remarkable. charged with a felony crime for doing score, this is the agency that will be I am also here today because of a city some things that the last three Presi- responsible for bailing out Wall Street that is a majority Black city, Newark, dents of the United States admitted to when their risky bets go south. NJ, that embraced me as a young pro- doing, and then tried and convicted—I I know that House and Senate nego- fessional, and where I eventually be- say ‘‘tried’’ with hesitancy because the tiators from both parties have worked came mayor. majority of them are plea bargains. As long and hard to come to an agreement Through my unique position, I have the President knows, if you get con- on the omnibus spending legislation, to say I am able to understand all cor- victed of that felony offense, the and Senate leaders deserve great credit ners of this country. In an intimate nondrug violent offense, the collateral for preventing the House from carrying way, I see this anguish that I speak of consequences to your life are horren- out some of their more aggressive fan- with so many of my friends and col- dous. tasies about dismantling even more leagues. I heard it here in the Senate. We now live in a nation where the pieces of financial reform, but this pro- I have had security guards pull me collateral consequences are profound. vision goes too far. Citigroup is large aside to talk to me about their anguish We now know that time behind bars, and powerful, but it is a single, private and frustrations about the criminal even for these nonviolent offenders, re- company. It should not get to hold the justice system. I have had the people duces people’s hourly wages by 11 per- entire government hostage to threaten who do the work in this body—those cent, their annual employment by 9 a government shutdown in order to roll who clean our floors or tend to the weeks, their annual earnings by 40 per- back important protections that keep needs of our Senators—and they feel cent. It has a powerful economic im- our economy safe. This is a democracy, this frustration about an American pact. and the American people didn’t elect us legal system that is falling short of If a person is convicted for possession to stand up for Citigroup, they elected American ideals and is not a justice of controlled substances use, they be- us to stand up for all the people. system. come ineligible for so many benefits I urge my colleagues in the House— I saw it with my own parents who, that we would often think we would particularly my Democratic colleagues with agony and pain, talked to me want these very people to have. They

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6490 CONGRESSIONAL RECORD — SENATE December 10, 2014 can’t get Federal education grants reality for minorities is punishing. By means, we have to do something about such as a Pell grant. They can’t get the age of 23, 44 percent of Latino this issue. loans or work assistance. They become youth will be arrested. We know the We who believe in freedom, who tell ineligible for business licenses, out- sad reality that 1 in 3 black males born the world to look at our light and our rageously so. A person convicted of a in America today can expect, if we torch and our promise, should evidence felony will be denied public housing, make no changes, to be incarcerated at something better than leading the even the ability to visit their family in some point in their lives compared to 1 globe in incarcerating our own citizens. public housing. They could be kicked in 87 White males, ages 18 to 64, incar- We, this country, where generation out of their current housing arrange- cerated, while 1 in every 12 Blacks is. after generation has conquered dis- ments. Former inmates can’t get jobs, I struggled with these issues my crimination against Irish, has con- shelter, or loans. They often feel that whole life. As a mayor of a city con- quered discrimination against Italians, no option exists other than going back stantly working to fight to protect has beat back discrimination against to that slippery slope toward more citizens, I know how complicated these Catholics, has stood up to discrimina- crime. That is for all the people within problems can be. My police depart- tion against Jews, has fought against the criminal system. ment, ourselves, we dug into the data. Jim Crow and slavery; advancing not But what is anguishing so many is We saw that our practices had to be toward Black ideals or Jewish ideals or the clear and undeniable applications changed, that we had to find better Irish ideals, but the common ideals of this criminal justice system and the ways of keeping our community safe, that bind us as brothers and sisters of applications of this legal system in un- but we also knew something deeper. I justice, of freedom, of equality—we equal ways to different portions of our will never forget when I sat with the have to do better than lead the globe in population. head of the FBI in Newark, and I asked incarceration, to have a legal system In my life I have seen that first- him about the violent crime problem: that subjects more of its people and hand—how the usage of drugs in dif- How are we going to solve this prob- minorities toward search and scrutiny ferent communities where there is no lem? than seizure and arrest. This we cannot difference between Blacks and Whites He looked at me and said: You don’t tolerate. is treated differently based upon their understand, Mayor. We—meaning law Why I stand so confidently with a race or their socioeconomic status. enforcement—are not going to solve faith in my Nation that we can do bet- Let me be clear. These issues are this problem. What has to be done are ter does not just stem from this hal- American issues, not simply race changes greater than this. lowed history. It also stems from the issues. They affect us all because we I watched how young kids get ar- President. Right now in America there are a nation with a profound declara- rested for breaking the law, for smok- are States doing incredible things, in- tion of independence, but the truth of ing marijuana or being caught with credible things, to change away this re- our country speaks also to an inter- possession. Teenagers find them- ality. dependence. Injustice anywhere is a selves—because they have marijuana I am proud of my State. We have threat to justice everywhere. on them of a certain amount and gone far but not far enough. In New I point out these facts to let you un- weight so the charges increase, to Jersey, between 1999 and 2012, we re- derstand why we have to have such an being in a school zone which is every duced our prison population 26 percent. urgency. African Americans and place in many cities—now facing man- Guess what. During that same period of Whites have no difference in drug usage datory minimums of upwards of 5 time, New Jersey saw a 30-percent re- whatsoever, but an African American years. These teenagers are scared, duction in violent crime. We showed to who chooses to use marijuana is 3.7 afraid, knowing they broke the law, America that we are better than this. times more likely to be arrested for but other folks like the last three We can give more liberty to people, that usage than someone who is White. Presidents have gotten away with it. lowering our prison population, having In fact, between 2007 and 2009, drug They get offered it by the prosecutor, a disproportionate effect on minorities, sentences for African-American men overworked, trying hard to serve the and actually drive down crime as well. were 13.1 percent longer than those for public and keep people safe. The pros- We are not the only State. New White men. Usage has no difference, ecutor doesn’t give them the manda- York’s prison population is down 24 but arrest rates are dramatically high- tory minimum, they give them a deal: percent from the late 1990s. This is due er for African-American men. In fact, Just take time served or a month or 6 almost entirely to reforms of the for all crimes, when you start breaking months, but they find themselves with Rockefeller drug laws, policies that the actual data down, you see patterns a felony conviction. Now they find sent thousands of people to prison of discriminatory impact that are un- themselves in a world where they think often serving sentences for low-level acceptable in a nation this great. they have no options. They can’t get crimes. Over that same period, New Even for police violence, we have to jobs. They can’t get education grants. York reduced its crime by more than understand that today nearly 2.5 times They can’t get hope. half, lowering prison populations, dis- more Whites are arrested than Blacks Hopelessness is a toxic state of being, proportionately affecting African for crimes that are violent and non- and those kids then often get caught Americans and Latinos and lowering violent—2.5 times more arrests for up again into the underground econ- crimes. Whites than Blacks, but somehow Afri- omy, back into the world of drugs. Texas reduced its prison population can Americans are 21 more times more What we saw in my time as mayor is in 2013 dramatically and has seen de- likely to be shot dead by a police offi- that so many of the people who ulti- creases in both crime and recidivism cer. mately end up being violent criminals rates. All of these States can do more, This is data that should not shock us started as kids who felt all their op- but why has the Federal Government along racial lines but shock us along tions closed in on them because they done little to nothing to follow suit? American lines. We are the Nation of got caught up in this world of drugs. I am proud of what is going on in the liberty and justice for all. We are the One of the worst collateral con- Senate with many of my colleagues. I country of equal protection under the sequences of the way we are going came and joined this body when people law. African Americans make up just about prosecuting our criminal legal pulled together to begin legislation 13 percent of our population but 40 per- system is the violence we are seeing such as the Smarter Sentencing Act or, cent of the prison population. from people who think they have no more recently, the REDEEM Act I did In New Jersey, African Americans options but to do what they are doing. in partnership with RAND PAUL. are 13.7 percent of New Jersey’s popu- I say this all to simply say we must I am so proud that this issue cuts lation but 62 percent of New Jersey’s find a way out. If we are America, a across political sides, that we have prison population. Much of that, as system that believes in elevating Democrats and Republicans, red States clearly the data shows, has come about human potential and believes in ideas and blue States, all beginning to say through the persecution of the Amer- of liberty and freedom and deplores we can do better. I am here today to ican drug policy that is applied to dif- this concept that government should end my remarks with that call to the ferent groups and different effects. The take people’s liberty for no good consciousness of our country. If we

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.033 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6491 have an injustice in our midst with a We have to take more responsibility for the first time, and what it means legal system that is so far away from for that because frankly there is no today. the justice system to which we should other way to get our hands on the regu- There is no reason to have a couple of aspire, we have to do better. lators. The regulators are often out of years of trying to comply with a regu- I was raised to believe that injustice control and almost always unaccount- lation when eventually the Supreme anywhere is a threat to justice every- able. Frankly, they are more unac- Court will say, as they did a handful of where. In the words of Langston countable in the second term of a times last year, that the Federal Gov- Hughes: ‘‘There’s a dream in this land President than they are in the first ernment does not have jurisdiction to with its back against the wall; to save term because nobody in the chain of do this or that people were appointed the dream for one, we must save the command ever has to go back and an- illegally to a board or commission and dream for all.’’ swer to the people we work for about that all of the actions they took had to I know in my heart that with anguish the cost of these regulations. be set aside. This is not a hypothetical of millions of Americans being pun- I know in my State of Missouri, peo- case. This is what the Court decided ished by a legal system that has gone ple are really concerned about a couple just last year. The ENFORCE the Law way out of control, affecting Blacks of regulations out there now that are Act would give us the capacity not to and Whites, young people of all back- dealing with energy policy and water require a citizen to have to bear the grounds, a legal system that patently policy, regulations the EPA has im- burden of looking at a regulation that has a discriminatory impact on minori- posed that really do not make sense is outside the law or does not make ties, a legal system that steals the peo- when you look at the cost of those reg- sense and would allow the Congress to ple’s liberty, we can do better than ulations versus what would be gained actually participate in that process at this. We can save taxpayer money. We by the regulations if they were even a much earlier time. So I hope in the can lower our prison incarceration possible to comply with. next Congress we will do in the Senate rates. We can elevate the promise of so I think a clear message was sent in what the House did and pass something many now denied their promise, and we November to the next Congress that like the ENFORCE the Law Act. I cer- can celebrate our American ideals. We people want the government to be more tainly intend to introduce that legisla- need to lead this globe, not in incarcer- responsive, that people want the gov- tion again, put it on the President’s ation, by telling the truth of who we ernment to—when you have a cost-ben- desk, and have that discussion. are; that America is a land of freedom, efit analysis of something the govern- The administration recently took the of justice, where there truly is liberty ment has done, make it a realistic opportunity to roll out a new rule on and justice for all. analysis, make it an analysis that the Wednesday before Thanksgiving. Thank you. The PRESIDING OFFICER. The Sen- would stand the straight-face test, This was an estimate of—this was a ator from Missouri. when you say, oh, this is not the emo- rule on air matter, ozone. A new ozone tional cost of worrying about some so- rule came out the Wednesday before EPA REGULATIONS cietal problem that you really cannot Thanksgiving. Believe me, if you have Mr. BLUNT. Madam President, I quite define, this is what it really costs a rule that you think people are going want to talk a little bit about regula- tion today. We end this Congress fail- American families in terms of, for in- to like, you do not put it out the ing once again for the Congress to take stance, their utility bill. Wednesday afternoon before Thanks- We look at these regulations that more responsibility for regulation. giving. This is like the—we always frankly go beyond the capacity of the Items such as the REINS Act, which I watch late Friday afternoon what regulators. I am not suggesting that comes out because that is what who- have sponsored with Senator PAUL and the Congress is the right place to draft others and which would require Mem- ever is announcing it did not want to most regulations. I would say that the bers of Congress to vote on regulations announce on Monday. Even a bigger process of passing a law and saying that had significant economic impact day is the Wednesday before Thanks- did not get done. that we want this agency to figure out giving. We have an air rule now that A bill that I introduced with Senator how to implement the law is, in fact, we have not achieved. We have made KING from Maine that would create a the right way to do that. But I would great strides in the right direction, but regulatory review process that got also suggest that then that agency has looking at where we are now on this great reviews in every economic and to come back to the Congress and say: rule and mercury in the air and the many other papers and magazines did Here is the regulation that we think is quality of the air, we would have to not get done. But what I am seeing in the proper implementation. Now you have at least 75- to 85-percent attain- Missouri and around the country is have to vote yes or no. This regulation ment in counties all over America be- more and more concern that begins to is the way to go forward with this law. fore you could then raise the bar one focus on the Congress not doing what it I think often the regulators now are more time. needs to do to keep the regulators well beyond what the law allows them This would take the 75-percent stand- under control—legislation that would to do. There is a case in point I am ard, or the 75 standard that we have routinely put an end date on every reg- going to talk about in a minute, the now for particulate matter—the so- ulation so that regulation has to be re- water rule that is out there, where a called MACT Standards—and reduce it viewed and regulation has to come up navigable water was used as a defini- even further. We are not in attainment again and be looked at. Frankly, if you tion of where the EPA had some juris- with the first rule yet. In fact, the EPA combined that with the requirement diction. Well, I think their view right just recently, years after the rule, put for the Senate and the House to vote now is well beyond ‘‘navigable.’’ So out the guidelines you would need that on that regulation, it would be very what would we do about that? There is were helpful to try to achieve the rule. unlikely that regulations that no the ENFORCE the Law Act that I in- But as soon as you get the guidelines longer made sense would be presented troduced in the Senate and that the for the last rule, the EPA wants to say: another time—having to look at this in House passed months ago with a bipar- Oh, here we want to talk about the a way that makes sense for our econ- tisan vote, where the Congress would next rule, even though we just now told omy. have standing in court to be able to go you how to begin to think about com- One of the generally used estimates to court if either House of the Congress plying with the last rule. Even though is that $2 trillion is spent every year in thought the President was not enforc- there are nonattainment areas all over the United States complying with reg- ing the law as intended, so that the the country, we want to move right be- ulations. Well, let’s assume that maybe Congress—which now cannot go to yond that and go to the next rule. as much as half of that—it could be court and say that we want a third That is the kind of thing that should more—is either duplicative or simply party to step in right now and define not be allowed to happen. People are unnecessary. What would happen in our this principle—could go to court and still looking for good-paying jobs. They economy if we had $1 trillion chasing say that we want to know right now are still looking at a utility bill they the future rather than trying to need- what ‘‘navigable’’ meant in 1972 when want to make sense of. I hope the Con- lessly comply with things that no it was put into law, in the early 1970s, gress can be a part of that. The EPA longer make sense. what it meant in 1899 when it was used has another rule they have been asking

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.034 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE December 10, 2014 for comment on, the so-called clean There is this mythical view that that happen, and I hope the next Con- powerplant. Well now, who is opposed well, it is big industry or it is manufac- gress will be more focused on doing to that? Nobody. There is nobody who turing. The most laughable of all is that job than this Congress was. does not want clean power. In fact, the that somehow the utility companies I yield the floor. standards for utility powerplants have are going to pay the bill. The utility The PRESIDING OFFICER. The Sen- moved in a very positive direction in companies do not pay the bill. People ator from New Mexico. the last 10 years. that get a utility bill pay the bill. The (The remarks of Mr. UDALL of New We have made great gains. The ques- people that are most impacted by that Mexico pertaining to the submission of tion is, are the next gains worth the are the people who are having a hard S. Res. 596 are printed in today’s economic cost, if the next gains are time paying their utility bill now. RECORD under ‘‘Submitted Resolu- worth people having utility bills they These are bad policies. I am com- tions.’’) cannot pay or if the next gains are mitted that as a Congress we should do Mr. UDALL of New Mexico. I suggest worth people not having jobs they more than we have been doing to ac- the absence of a quorum. The PRESIDING OFFICER. The would otherwise have. That is a discus- cept responsibility for these agencies clerk will call the roll. sion we need to have. You know, the we fund, for some overall law, that no wrong utility policies produce an abso- The assistant bill clerk proceeded to matter how much they are abusing it call the roll. lute lose-lose. A utility bill goes up, we by stretching it beyond what the Con- lose jobs that we otherwise would have, Mr. REED. I ask unanimous consent gress intended, the Congress would that the order for the quorum call be and they go to places that care a whole have passed—nobody is out there lot less about what comes out of the rescinded. issuing a rule and saying: By the way, The PRESIDING OFFICER. Without smokestack than we do. we do not have any legal authority to So the problem gets better, we lose objection, it is so ordered. do this. So defining that authority, Mr. REED. Madam President, I rise jobs, and the country that has made being sure the rules make sense is im- the most positive strides in recent today in support of the National De- portant. years is the country that pays the price fense Authorization Act for Fiscal Year On the power rule, on December 2 I 2015. I commend the work of my col- for rules that no longer make sense. filed comments urging that this rule be The rule that is out now—our State is leagues on the Armed Services Com- withdrawn and we think more carefully mittee—especially the chairman, Sen- largely coal dependent. We are the fifth about the impact it has on jobs that most coal-dependent State. We are ator CARL LEVIN of Michigan—on have good take-home pay and about reaching an agreement with the House about 82-percent coal dependent. Of the families who have a hard time paying 1 million comments that have been to complete this important legislation. their utility bill now—our retired indi- made on the rule, 305,000 of them came It is also appropriate that this legis- viduals, our single moms or others who from Missouri families. lation be named in honor of both Sen- There are 1 million comments of peo- have a hard time paying their utility ator CARL LEVIN and Congressman ple talking about why this rule does bill now. We need to continue to look BUCK MCKEON, the chairmen of their not make sense for them. We need to be at that. respective committees who this year One other rule I want to talk about, sure that we do the things that not are retiring after extraordinary service as my time comes to a conclusion here, only meet the legal standard but also and dedication to the Nation and par- is the so-called waters of the United meet the commonsense standard as we ticularly to the men and women of the States rule. The EPA was given the au- move forward. The Wall Street Journal armed services. It is another reason recently ran an op-ed—an opinion edi- thority under the Clean Water Act, as why this bill is particularly special— torial piece—by Harvard Professor I said earlier, to have some authority because it represents the culmination Laurence Tribe, who happened to be over navigable waters. Navigable of the work of these two extraordinary one of President Obama’s law school water, beginning in the 1890s, was used gentlemen. professors and who is more often a wit- in Federal law as a constitutional ex- For over 50 consecutive years this ness for the left side of an argument planation of why the Federal Govern- Senate has passed a defense authoriza- than for the right side of an argument. ment would be involved in water pol- tion bill. I hope we will be able to send He joined the world’s largest private icy, because the Federal Government the bill before us to the President for coal company, Peabody Energy, to under the Constitution is involved in his signature. We owe it to our service- criticize the executive overreach in commerce. members to pass a law that will sup- what the EPA is proposing as they pro- Navigable and commerce come to- port them and enable the DOD to exe- pose to regulate carbon emissions from gether. Navigable actually means you cute this year’s budget efficiently and existing powerplants. There is a big dif- can navigate with some sort of vessel effectively. ference if you have a rule that talks that can carry a commercial load. This year, once again we have had to about what you do in the future for the Well, the EPA has now decided, or is in make very difficult decisions, espe- utility companies than regulating what the process of proposing, at least, that cially because of the economic cir- people have previously decided to do navigable waters means any water that cumstances we face as a nation, the re- under the old rules. can run into any water that could run sources, and the threats which are There is a bill out there that I am a into any water that can be navigable. I challenging at this moment in our his- cosponsor of that really tries to use the am confident that is not what the Con- tory. But this bill will allow the De- great resource we have through coal in gress intended. partment of Defense to combat these a most effective way. We do not Now, if they want to propose that, current threats, plan for future produce any coal in Missouri any more, that is fine. Through the President and threats, and provide for the welfare of but we used to. We do not have any the administration, the EPA can come our brave servicemembers and their coal mines left in our State. But we to Congress and say: We think we families. have coal-fueled power plants. It is not ought to control all the water every- While it is disappointing that we are really a war on coal as far as Missou- where; let’s have a debate about that. not able to bring this bill to the floor rians are concerned; it is a war on coal- And the Congress would not give the for amendments in regular order be- fired plants. EPA that authority. cause time really is running out, this is If you built a plant under the old I hope the next Congress sets as a a very good bill which is based on the rules and, in fact, it has better air priority taking responsibility for what principle of compromise between many quality than any powerplant has ever the Federal Government does, taking parties. It is critical at this moment had up until this time, as all of our re- responsibility for these regulators and that we pass it for the men and women cent plants have had, and you still regulations, being sure we have regula- in uniform for the United States. have life in that plant, but the EPA tions where we need them that make I wish to point out a few highlights comes in and says that now you have sense, and that we push back and don’t of the bill. to meet a new standard with the plant have regulations where all they do is First, it authorizes a 1-percent you just built or you built 5 years ago, hurt families, hurt jobs, and don’t across-the-board pay raise and reau- somebody has to pay that bill. solve the bigger problem. I hope we see thorizes over 30 types of bonuses and

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.026 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6493 special pays for our men and women in schedule but are vitally important to And, frankly, we have to do more with uniform. the security of the United States. respect to efficiencies, economies, and It includes numerous provisions that Along these same lines, I am pleased being wise in our allocation of re- build on the reforms we passed last to note that the bill establishes the Na- sources. year to further strengthen and improve tional Sea-Based Deterrence Fund to Before I conclude with my remarks sexual assault prevention and response provide resources and to manage the regarding the traditional defense pro- programs. It is unacceptable and it is construction of the Ohio-class replace- grams, I want to touch on two other as- completely antithetical to the ethic of ment ballistic missile submarine pro- pects of the legislation, one in par- the military that anyone in uniform gram. According to testimony provided ticular with respect to the Defense act. would be a predator. To be a soldier, to to the Armed Services Committee, the I am pleased that it includes the be a marine, to be a sailor, to be an air- Ohio-class replacement is the Navy’s HAVEN Act. This is bipartisan legisla- men—it is about your subordinates, highest priority program. We are cur- tion that I introduced with Senator your comrades, helping them and sacri- rently constructing attack submarines. JOHANNS to help more veterans with ficing for them, not using them. So we These submarines are designed to go critical repairs and modifications for can do more, and we must do more, but against other submarines, to deliver their homes so they are safer and more I am pleased to see that we have taken special operations troops, and to con- accessible. important steps and we are following duct fire missions from the sea. This program is directed at our dis- through on these steps. The Ohio class will replace our bal- abled and low income veterans. They The legislation in general improves listic missile submarines, which are find themselves out of the service, they the ability of the Armed Forces to part of our deterrence forces. These have benefits, but they have needs to counter emerging and nontraditional submarines have nuclear weapons and fix their homes and this program will threats, particularly cyber warfare. are part of our triad, our architecture help them do that. It establishes a This is a new dimension of warfare. It to deter the use of nuclear weapons; we competitive pilot program allowing is one we are coping with, but I don’t have to replace them. It cannot be done nonprofit organizations throughout the think anyone should feel we have the just with Navy resources because it is country to apply for grants adminis- technology, the techniques, the oper- not just a Navy program, it is a na- trated by the Department of Housing ations, and the insights to feel fully tional security program embracing our and Urban Development to help make competent. This legislation will help nuclear deterrence. This fund is a good key improvements to the houses of vet- us move in that direction. starting point for that process, and I erans with disabilities, or low-income The legislation also authorizes the am very pleased to see it in the legisla- veterans. full request of $4.1 billion for the Af- tion. It is fitting we take this step to give ghanistan Security Forces Fund to sus- Working together with Senator back to those who have made a per- tain the Afghan National Security MCCAIN, particularly following Senator sonal sacrifice for our Nation, and I am Forces as the U.S. and coalition forces MCCAIN’s lead, this bill increases ac- particularly delighted I was able to shift our mission to training, advising, countability for the taxpayers’ dollars work with Senator JOHANNS. As I noted and assisting these forces, letting them spent on several major Navy programs. in my remarks yesterday, he is retir- take the lead in combat operations. It For example, the bill includes a provi- ing, but his decency, integrity, intel- is very essential. sion to require the Director of Oper- ligence, and commitment to his con- It also authorizes several train-and- ational Test and Evaluation to submit stituents and also to the men and equip programs to assist foreign mili- a report of the current LCS test and women of the Armed Forces will be taries conducting counterterrorism and evaluation master plan for seaframes missed here. counternarcotics operations. Of par- and mission modules. The report would ticular note are programs and re- provide an assessment of whether com- I am also glad that, on a topic not sources that will go to Iraq and Syria, pletion of the test and evaluation mas- usually found in the defense authoriza- where we face serious challenges, ter plan will demonstrate operational tion bill, we reached a bipartisan where we have to provide the kind of effectiveness and operational suit- agreement on a package of public land support that is indicated in this legis- ability for both seaframes and each bills, including two longstanding prior- lation. mission module. ities for my State. For years, I have This year I once again had the honor This is a very important program. We supported the preservation and re- of serving as the chairman of the want to make sure we get it right. We newed development of the Blackstone Seapower Subcommittee alongside want to make sure we build in effi- River Valley and have led the effort to Senator JOHN MCCAIN, the ranking ciencies where we can, and the Director designate parts of that area as a na- member. Our subcommittee focused on of Operational Test and Evaluation tional park, which the bill before us the needs of the Navy, Marine Corps, will help us do that. will finally establish. and strategic mobility forces. We put The bill also includes language that In 1793, Samuel Slater began the particular emphasis on supporting Ma- will continue support of and advance American industrial revolution in rine and Navy forces engaged in com- planning for the refueling of the USS Rhode Island when he built his historic bat operations, improving efficiencies, George Washington aircraft carrier and mill on the Blackstone River—really and applying the savings to higher pri- preclude the Navy from spending any the first industrial-scale operation in ority programs. Specifically, the bill funds to inactivate this ship. Again, the United States—and from that, includes the required funding for two this goes to the congressional mandate much has ensued. Today, the mills and Virginia-class submarines and a of having a specified number of aircraft villages throughout what is now known moored training ship and approves carrier battle groups, and without re- as the John H. Chafee Blackstone River other major shipbuilding programs, in- fueling the Washington, we will not Valley National Heritage Corridor in cluding funding for two DDG–51 de- meet that legislative mandate. So we Rhode Island and Massachusetts stand stroyers, the aircraft carrier replace- hope we will go forward this year and as witness to this important era of our ment program, and three littoral com- provide the requisite funding to com- history. bat ship vessels, and it permits incre- plete the refueling, but at least we are Much credit has to go to Senator mental funding for another amphibious moving in the right direction. I think John H. Chafee, who picked up the ball transport dock ship. that is important. from those who preceded him. In fact, I I am particularly pleased about the I particularly want to voice my was told last weekend that this at- funding for the Virginia-class sub- thanks to Senator MCCAIN and other tempt to get recognition goes back as marines and the DDG–1000 destroyers. members of the Seapower Sub- far as a letter to in So many Rhode Islanders build them, committee for their diligence, for their the 1960s, asking if she could help get design them, and they are an incredible leadership, for their assistance in not land in the Blackstone Valley pre- part of our national security. So we are only giving what our Navy and Marines served. So it has been a long and wind- reinforcing shipbuilding programs that need, but also making sure that the ing road, and John Chafee was a key are not only under budget and ahead of taxpayers are protected as best we can. person in that process.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.031 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE December 10, 2014 Creating a national historic park OBAMACARE according to a new report by the De- within the existing corridor would pre- Mr. BARRASSO. Madam President, partment of Health and Human Serv- serve the industrial, natural, and cul- earlier today the former Secretary of ices which came out last Thursday. tural heritage of the Blackstone Valley Health and Human Services, Kathleen Democrats said prices would go for future generations. It will improve Sebelius, said there was a way to fix down, the President promised they the use and enjoyment of the natural ObamaCare. She said: Change the would go down, and NANCY PELOSI said resources, including outdoor education name. She said: Change the name. That they would down for everyone. Instead, for young people; it will assist local was her solution. the prices keep going up. communities while providing economic Now that is not something she just Here is what one person in Syracuse, development opportunities; and it will told a friend. It is something she told NY, wrote to his local newspaper last increase the protection of the most im- many, as she was participating in Po- week. Lawrence Petty wrote to the portant and nationally significant cul- litico’s ‘‘Lessons From Leaders’’ Syracuse Post-Standard last Monday, tural and natural resource of the events. Well, leaders don’t blame the December 1. He wrote that he has a Blackstone River Valley. failure of a bad product on a name. You plan he bought through the State I can recall last year inviting Sec- can blame it on a lot of things, but the ObamaCare exchange. This year, the retary of the Interior Sally Jewell to name is not it. After all, the President cost was about $664 a month for the Rhode Island, and we kayaked along said he was fond of the name couple. Next year, going on the ex- the Blackstone River. When I was ObamaCare. Apparently, Kathleen change, the rate for the same plan—the young, in the 1950s and 1960s, the idea Sebelius is taking a page from the same plan, because the President said of going into the Blackstone River, playbook of Professor Gruber about un- if you like your plan you can keep it— which was then frankly an industrial derestimating the intelligence of the the same plan is going up from $664 a waste zone, would have been ridiculous. American people. month to $773 a month. That is over Today, we not only use the Blackstone This law isn’t unpopular because it $1,300 extra per year. Mr. Petty asked River for recreation but, with this na- was named after the President. The law the newspaper in Syracuse, NY: ‘‘So tional park designation, we will be able is unpopular because it doesn’t work. It what gives?’’ to do so much more. is unpopular because it doesn’t deliver The average increase across the The public lands package also in- what the President promised the Amer- country is less than that, but this man cludes legislation to authorize the Na- ican people it would. So Democrats can in Syracuse, NY, is looking at a price tional Park Service to look at another rename this health care system what- hike of more than 17 percent. Every river system in Rhode Island and adja- ever they want and people all across Democrat in the Senate voted for the cent Connecticut—specifically rivers the country are still going to know President’s health care law—every one within the Wood-Pawcatuck Water- that the law is failing them. of them. The Democratic Senator from shed—for potential inclusion in the Na- People have been hit by higher New York voted for the health care tional Wild and Scenic Rivers System. costs—higher copays, higher premiums, law—the very State where this man is These rivers are, again, so important higher deductibles. Many of them can’t writing to his newspaper in Syracuse, to Rhode Island. continue to see the doctor who treated NY. What do they have to say to this them in the past. So no matter what man in Syracuse whose insurance pre- One of the things you discover as you the Democrats and Kathleen Sebelius miums are going up 17 percent next go around Rhode Island, particularly want to call it, the law remains very year? How do they respond to this man after a storm when you can see the unpopular because it is unworkable and who is writing to the paper in New true power of these rivers, is that de- it is unaffordable. York asking ‘‘what gives’’? velopment during the industrial revo- As we head into the middle of Decem- Maybe his question has something to lution was centered around rivers be- ber, next week, December 15, is the do with what the senior Senator from cause water was a source of energy. As deadline for people to sign up on New York said a couple of weeks ago at a result, many of our communities are Healthcare.gov if they want to have the National Press Club, when he ad- clustered around the rivers and have their health insurance coverage start- mitted that the health care law, in his great historic, cultural, recreational, ing next January—January 1—just a words, ‘‘wasn’t the change we were and environmental value. few weeks from now. hired to make.’’ So let me thank not only my col- That is for people living in the 37 It is not just premiums. They are not leagues here but in the House, Con- States that use the Federal health care the only problem here. The health care gressmen DAVID CICILLINE and JIM LAN- exchange. A lot of people still haven’t law has added so many Washington GEVIN, for their great effort; also the signed up, and they may learn over the mandates, so many things people didn’t Members of the Massachusetts delega- next few days if they do go to the Web want, can’t afford, aren’t interested in, tion, because the Blackstone runs into site to sign up that their health care don’t need, that other costs have gone Massachusetts; and I particularly want and their insurance premiums are actu- up as well. That includes the money to thank SHELDON WHITEHOUSE, a stal- ally more expensive next year than people have to pay out of pocket for wart when it comes to all these they were this year. That is what peo- things such as copays, their issues—anything to do with the envi- ple continue to see: Health care rates deductibles. Some people have actually ronment, particularly Rhode Island’s going up in spite of the President’s had to delay their medical care because environment. His leadership and his promise. of all these additional expenses. Ac- support were absolutely critical in get- When President Obama was selling cording to a new Gallup poll last ting this measure today included in his health care law to the American month, 33 percent of Americans say this bill. I would also like to thank the people, he promised them they would that over the past year they have put countless number of stakeholders in save money. He actually went so far as off getting medical treatment because Rhode Island and Massachusetts who to say people would save $2,500 per of the cost. have tirelessly advocated for the pres- year, per family, under his plan. And Gallup has been asking this same ervation of the Blackstone River Val- NANCY PELOSI, the former Speaker of question all the way since 2001, well be- ley all these years. the House, actually went on ‘‘Meet the fore the health care law was passed. We have a good national defense au- Press’’ and at one point said: Every- And this year it is the highest number thorization bill before the Senate, and one’s rates would go down. Everyone’s ever. This is after the President’s I urge all of my colleagues to support rates, she said, would go down. health care law has been signed into it. I look forward to being able to wit- Well, that didn’t happen. Now the law and has taken effect and the ex- ness, even remotely, the signing of the Obama administration finally admits changes are in effect—the highest num- Levin-McKeon national defense author- that people are paying more, not less. ber ever of people not getting care be- ization. Americans buying health insurance cause of the cost. I yield the floor. through the Federal exchange will see Two-thirds of these people say they The PRESIDING OFFICER. The Sen- their premiums go up and the adminis- have put off treatment for a serious ator from Wyoming. tration finally admits it. And that is condition. One of them is a woman

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.045 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6495 named Patricia Wanderlich. She is 61 President Obama, by the Speaker of isn’t going to make it any better for years old, and she works part time at a the House NANCY PELOSI that they the people across this country who are landscaping company outside of Chi- would pay less. But she is the same one finding out that the President’s prom- cago, in the President’s home State. who said: First you have to pass it be- ises were empty promises; that they She told that she fore you get to find out what is in it. have been intentionally deceived as to has a small brain aneurysm that needs So people are having to put off care the way this health care law was pre- monitoring. they need because Washington says sented and passed, and now they find She tells her story in an article the they have to pay for things they don’t out their insurance is less affordable, New York Times published on October want, they don’t need, and they can’t their costs of care are going up, the 17 under the headline ‘‘Unable to Meet afford. People are finding out that cov- availability of that care is going down, the Deductible Or the Doctor.’’ Patri- erage isn’t the same as care, and mil- and they have lost their choices. cia has a health insurance plan lions of people are finding out they I yield the floor, and I suggest the ab- through ObamaCare that has an annual can’t meet their deductible or their sence of a quorum. deductible of $6,000, so she has to pay doctor. The PRESIDING OFFICER. The for most of her medical expenses up to That is not what the American peo- clerk will call the roll. that amount. Because of that, she says ple wanted from health care reform. The assistant bill clerk proceeded to she is skipping this year’s brain scan People wanted access to the care they call the roll. Mr. LEE. I ask unanimous consent and hoping for the best. She says: ‘‘A need, from a doctor they choose, at that the order for the quorum call be $6,000 deductible—that’s just stag- lower cost. That is what they wanted. Instead, what they got are all these rescinded. gering.’’ The PRESIDING OFFICER. Without This is the kind of person ObamaCare new Washington mandates, all these objection, it is so ordered. was supposed to help. And changing the new expenses, all these new problems. Mr. LEE. Madam President, the bill name of ObamaCare, as Kathleen What was the President’s solution to before the Senate today at once rep- Sebelius has recommended today, isn’t that? He said: Put more people on Med- resents the best of our Nation and going to solve the problems for this pa- icaid. He told Governors around the some of the worst of Washington. On tient with the $6,000 deductible. She country to expand the Medicaid Pro- the one hand, the primary purpose of got the insurance, she got the cov- gram—make sure people have gotten the National Defense Authorization erage, but she still cannot get care, and on Medicaid. Act, or NDAA, represents the best of that is a fundamental problem with We know that is a system that has America. In past years it has been one this health care law. been broken for a long time. The ques- of the few very consistently bipartisan The other thing this New York Times tion we continue to ask is: Can some- pieces of legislation considered by the article points out is that people can’t body who has gotten a Medicaid card Senate, and it usually has been af- meet their deductibles, and they also printed up and given to them or sent to forded lengthy debate and open and can’t meet their doctor. Patricia told them, can they actually see a doctor? transparent amendment process on the the newspaper that if she switches to a The Department of Health and floor. That is because it is one of the policy with a lower deductible next Human Services says: Don’t worry most important and solemn duties of year, she will get a smaller network of about that. What did the inspector gen- Congress to provide for our national doctors, which means she will lose ac- eral say this week? Yesterday in the defense. cess to the specialists taking care of New York Times: ‘‘Half of Doctors The United States of America has the her. Listed as Serving Medicaid Patients best armed services the world has ever A lot of people are finding that they Are Unavailable, Investigation Finds.’’ seen, not just because of what they do, are in the same situation—losing ac- Who did the investigation? The in- but because of who they are: honest, cess to their doctors. Sometimes it is spector general of the Department of courageous, selfless patriots who love because the insurance has these narrow Health and Human Services. our country and have dedicated them- networks of health care providers. So even though Health and Human selves to protecting and defending our Sometimes it is just because the doc- Services says all of these doctors are way of life. tors are so overburdened that you can’t available to take care of Medicaid pa- Of all the bills that come before Con- get an appointment. tients, their own inspector general of gress, the NDAA deserves to be treated There was an report the Department says not true—not with the kind of integrity and respect that came out over the weekend, the true. Only half of the doctors listed as with which our military personnel ap- title was: ‘‘Health Law Impacts Pri- serving Medicaid patients are avail- proach their jobs. And yet the process mary Care Doc Shortage.’’ We already able. that has unfolded this year in connec- knew there was a shortage of primary This is what we are dealing with. tion with the NDAA has fallen fall care doctors in the country, also a That is why Republicans are going to short of the standard that our armed shortage of specialists, also a shortage vote to repeal the entire health care personnel have set forth. Congress has of nurses. The President’s health care law. Meanwhile, we will also vote to waited until the last minute to conduct law has made it worse. strip away the worst and most destruc- our most important business, using the The Associated Press article quoted tive parts of the law: things such as the holidays to fabricate a false sense of an insurance agent in California named arbitrary 30-hour workweek which has urgency. The Senate majority leader Anthony Halby, who says he has cli- been damaging to part-time workers has refused to allow an open and trans- ents tell him that their ObamaCare across the country; things such as the parent debate, shutting down our abil- plan made it extremely difficult for unfair medical device tax that sends ity to offer amendments on the Senate them to find primary care doctors. As American jobs overseas, threatens life- floor to this important piece of legisla- he says, ‘‘Coverage does not equal ac- saving innovation. tion. cess.’’ The Republicans are going to talk Finally, only a privileged few Mem- He is advising his clients to skip about finally giving people choices. bers of Congress have a hand in draft- ObamaCare next year and pay more for That is what people want with health ing this bill, which was cobbled to- insurance with a broader network so care. They want choices. They want gether with numerous extraneous pro- they can at least see the doctors they availability. They want affordability. visions behind closed doors. want, the doctors they choose, the doc- That is what they are looking for— What used to be an exception to the tors they need. available, affordable care and choices, typical legislative process, the typical He tells people: not more Washington mandates—and, legislative sausage making for which The premiums are going to be higher be- finally, giving access to the health care Washington has become famous, has cause there’s no subsidy. However, I’m going people wanted all along. been subsumed by the status quo, and to guarantee you can [actually] keep your Kathleen Sebelius may come out and it is exactly what is wrong with Wash- doctor. give a lecture on lessons of leadership. ington today. So people are finding they are paying Changing the name of this health care Each one of us as Members of Con- more, when they were promised by law from ObamaCare to anything else gress is here for just one reason: We

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.046 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6496 CONGRESSIONAL RECORD — SENATE December 10, 2014 have been elected to represent and ington. Rather than an open, trans- good reason: to ensure that the will of serve the American people. Unfortu- parent, and inclusive process, several the American people is heard and fol- nately, the twisted, tainted process extraneous and sometimes controver- lowed. If we fail to adhere to the rules, that has produced this bill prevents all sial provisions were added to the NDAA then we fail in the duties we were of us from carrying out this responsi- at the last minute by a select few oper- elected to carry out, and we fail to be bility, and it threatens our obligation ating entirely behind closed doors. a truly representative democracy. But to do what is right for our men and As we have come to expect from the these rules are not self-enforcing. Writ- women in uniform. outgoing majority in the Senate, once ing them down doesn’t make them so. As the title suggests, the National the bill appears from behind those Unless we hold them true in our hearts Defense Authorization Act is supposed closed doors, the American people are and in our minds and in our actions, to be a relatively straightforward, denied any real debate or even a chance they will be nothing more than words largely noncontroversial bill. It is the to read, let alone understand, the bill. on paper, mere parchment barriers, as primary legislative instrument for This is a shame, because there are James Madison put it. Congress to exercise its constitutional good bipartisan amendments out there, If we as an institution can accept a power granted in article 1, section 8 of such as the Due Process Guarantee legislative process driven by backroom the Constitution which is to provide Act, an amendment that Senator FEIN- deals rather than fair and inclusive de- for the common defense. But that is STEIN and I attempted to offer for the bate when we are dealing with the not what we are voting on today; that Senate’s consideration, which would most important issues, then when are is not what we are considering in con- improve the 2015 NDAA by prohibiting we ever going to do things the right nection with this bill. the indefinite detention of U.S. per- way? This bill, the NDAA for fiscal year sons. Even though the Due Process We can do better. The American peo- 2015, is a legislative hodgepodge that Guarantee Act received 67 votes of sup- ple and especially those serving in uni- includes those straightforward non- port in the last Congress, it continues form deserve better; and as we saw in controversial items that almost all of to be blocked by these privileged few the recent elections, the American peo- us support, but also numerous other who cobbled together this bill. ple demand we do better. I think we provisions that are entirely unrelated Now at the eleventh hour we are told can and we must. to national defense. we have to vote for everything in this I thank the Presiding Officer. Most egregiously, the drafters se- legislative medley or vote for none of The PRESIDING OFFICER (Mr. BEN- cretly added 68 unrelated bills per- it. After deliberately allowing time to NET). The majority whip. taining to the use of Federal lands—the expire, up to the final moments before SSCI STUDY OF THE CIA’S DETENTION AND so-called lands package portion of this the holiday, the Senate majority leader INTERROGATION PROGRAM bill. They put that into this bill with- has told the American people that the Mr. DURBIN. Madam President, out any opportunity for debate or for a only way to support our soldiers is to many people think that Congress is ir- vote on any of those 68 independent support a distorted legislative process relevant, unimportant, and wastes bills. None of these bills were included and controversial items that have time with the floor speeches that go in the version of the NDAA that the never been debated in public. Our sol- nowhere. Yesterday on the floor of the Senate Armed Services Committee de- diers, sailors, airmen, and marines, and Senate something historic occurred. bated and voted on in May of this year, others who serve us in the pursuit of Standing right back here, the senior because had any Member tried to in- our national security interests deserve Senator from California, Senator clude them in the normal process of better. DIANNE FEINSTEIN, delivered to Con- our committee, they clearly would Many of my colleagues have said that gress and to the Nation a report on the have been ruled out of the committee’s this is a ‘‘must-pass’’ bill. I would put use of torture by the United States of jurisdiction. it slightly differently. I would say we America. Seated on this side was Sen- Another outlier in this legislative must pass legislation without political ator JAY ROCKEFELLER who, as the grab bag is a provision reauthorizing a gimmicks or procedural games that en- predecessor and chairman of the Sen- Defense Department program to train able men and women serving our De- ate Intelligence Committee, initiated and equip ‘‘moderate’’ Syrian rebels for fense Department to fulfill their mis- this investigation into the use of tor- the next 2 years. sions. We absolutely must pay our sol- ture. Her speech, which lasted about an Now we have testimony from some of diers, sailors, airmen, and marines, and hour, was followed by Senator JOHN America’s top military leaders warning authorize our national defense budget MCCAIN, who stood up and applauded us of the immense risks involved in as a matter of constitutional responsi- her for releasing this report. this program. They have told us there bility, national security, and moral It is worthy of note that what hap- is no way to guarantee these efforts duty. We must do these things. But not pened on the floor of this Senate yes- won’t backfire, further embroiling the like this. I fear that we in the Senate terday was an assertion of constitu- U.S. military in volatile and unpredict- have perhaps become far too com- tional principles that goes back to the able parts of the world—in the Middle fortable with the idea that the most founding of this country. It was an as- East, in conflicts in that part of the important issues such as paying our sertion of the three branches of govern- world. Yet here we are, forced to reau- troops, funding our Defense Depart- ment and their authority, and the au- thorize this risky program in order to ment, sending our sons and daughters thority of Congress to oversee the exec- provide for our troops and the Defense halfway around the world into harm’s utive branch of government, and it got Department. way—that it is somehow OK to bend down to basics. Let’s remember how we The authority for this program was the rules to a breaking point and we reached the point where this report first added to the NDAA in the closed allow our colleagues to hijack funding was put together and delivered to the committee markup process in May and for our men and women in uniform to American people. then later attached to the must-pass pass their unrelated political prior- I will say at the outset that before I spending bill in September, giving Sen- ities. came to this job, I used to practice law ators the all-or-nothing choice of ei- There is no doubt that it is easier and occasionally I would go into a ther approving this controversial pro- this way—easier, that is, for Senators. courtroom. I really waited for that mo- gram or voting against all other gov- It is easier to outsource our represent- ment when I could turn to the jury and ernment spending. This is not how Con- ative duties to a select few and to say: I want to let you know that my gress is supposed to work. avoid debate on the tough topics that opponent in this case destroyed evi- Congress is supposed to evaluate, de- come up along the way. But that dence, and I want to let you know why bate, and amend individual pieces of doesn’t make it right. As our coura- my opponent destroyed evidence—be- legislation based on their own merits, geous servicemembers and their fami- cause what was in that evidence was so with enough time to inform and edu- lies know, easier is rarely best. terrible they would rather leave it to cate the American people about what The rules governing how a bill be- your speculation of how bad it was their representatives are doing. In- comes a law are not optional. They are than actually to let you read it. That stead, it is politics as usual in Wash- not arbitrary, either. They exist for a is what started this debate which led to

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.049 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6497 the report. What happened was the tablished rules of warfare to protect I offered my legislation as an amend- Central Intelligence Agency destroyed soldiers and civilians. These treaties ment to the defense authorization bill. videotapes of the interrogation of pris- were ratified by the United States of I expected it to be noncontroversial. It oners. After it was discovered that America. They are and were the law of was adopted unanimously here in the they destroyed them, the Senate Intel- the land. Senate; however, the Bush administra- ligence Committee asked: Why did you Colin Powell, who was Secretary of tion had it removed in conference. destroy those videotapes? They said: State under President Bush, objected In the fall of 2004, I tried again. I of- Because Congress never asked for to Alberto Gonzales’s recommendation. fered the same amendment to the 9/11 them. The Intelligence Committee He argued that we could comply with commission intelligence reform legis- said: We didn’t know they existed. the Geneva Conventions, fight ter- lation. Again, my amendment was At that point the Central Intel- rorism, and still keep America safe. adopted unanimously by the Senate, ligence Agency said to the Senate In- Here is what Secretary Powell said at and again in conference negotiations telligence Committee: We did nothing the time about setting aside the Gene- the Bush administration removed it. I wrong, and we invite you, through your va Conventions. This ‘‘will reverse over didn’t understand their opposition to staff and members of the committee, to a century of U.S. policy and practice my amendment because the United review the cables and emails within the . . . undermine the protections of the States ratified the torture convention, Central Intelligence Agency which law of war for our own troops. . . . It a treaty that prohibits cruel, inhuman, prove our case. It proves we did noth- will undermine public support among and degrading treatment, the same ing wrong. critical allies, making military co- thing my amendment said. I think the CIA was surprised and operation more difficult to maintain.’’ A few months later, I had an oppor- shocked when the Senate Intelligence Today, Secretary Powell’s words tunity to get to the bottom of this. Committee took up their invitation. It seem prophetic. Unfortunately, Presi- Alberto Gonzales, President Bush’s meant, I understand, 5 years of work. dent Bush rejected Secretary Powell’s White House counsel, was nominated to They reviewed some 6 million pages of advice and instead followed Alberto be Attorney General. During his con- information. Two staffers from the Gonzales’s recommendations to set firmation hearings in January 2005, Mr. Senate Intelligence Committee sat in aside the Geneva Conventions. Gonzales told me the administration what they call the cave day after day Then in August 2002, the Department believed they had legal authority to after day, poring through emails and of Justice issued the infamous torture subject detainees to cruel, inhuman, cables to try to reconstruct what hap- memo. The memo said abuse only rises and degrading treatment. That was the pened after 9/11 when the Central Intel- to the level of torture if it causes pain first time that a Bush administration ligence Agency was interrogating pris- equivalent to organ failure or death. official had acknowledged this legal oners. It wasn’t an easy task. It was The memo also concluded the Presi- loophole. called made even more difficult when we dent has the authority to order the use that testimony ‘‘a gross distortion of came to learn that the Central Intel- of torture even though that torture the law’’ and cited it as a key reason ligence Agency hacked into the com- would be a crime under U.S. law. for opposing the Gonzales nomination puters of the Senate Intelligence Com- The Justice Department of the to be Attorney General. mittee. It was a tough confrontation United States also signed off on the use After this revelation, Senator between two branches of government, of torture techniques such as MCCAIN asked me if he could take the and it is one that resulted, I think, in waterboarding. This was in August of lead on legislation that I had written the right ending when Senator FEIN- 2002. Thanks to the Intelligence Com- to ban cruel, inhuman, and degrading STEIN, and the Senate Intelligence mittee report, we now know that the treatment. I agreed. There was no bet- Committee, following the lead of Sen- Justice Department’s legal advice was ter person than JOHN MCCAIN, who in ator ROCKEFELLER, stepped forward and based on false information given to service to the United States of America produced this report. them by the CIA. was a prisoner of war in Vietnam for I will reflect for a minute on how we I have a long history with this issue. more than 5 years. He had been sub- reached this point, but first I will tell It was almost 10 years ago that I stood jected to torture because of his service you that this report concluded that the at this very desk and read into the on behalf of our Nation. It became CIA repeatedly misled senior officials RECORD a graphic description of an FBI known as the McCain torture amend- in the Bush and Obama White Houses agent’s record of abuse of interrogation ment. Despite a veto threat from Presi- about detention and interrogation pro- that she witnessed at Guantanamo dent Bush, the Senate passed the grams. The report said the CIA falsely Bay. At the time I was criticized by McCain torture amendment in Decem- told the Justice Department that tech- members of the Bush-Cheney adminis- ber of 2005 by an overwhelming bipar- niques such as waterboarding helped to tration, but we now know that the de- tisan 90-to-9 vote. When the President obtain lifesaving information that kept scription by this FBI agent was accu- signed the amendment into law, he our country safe. rate, and what she described was au- issued a signing statement reserving The report said the CIA detained thorized by the Bush administration the right to ignore it if he chose. more individuals and subjected more based on false information provided by In June 2006, in the Hamdan decision, individuals to abusive interrogation the CIA. the Supreme Court held that the ad- techniques than it ever disclosed to It was 10 years ago when I first au- ministration was required to follow the Congress or the President. The CIA did thored legislation to ban cruel, inhu- Geneva Conventions in its treatment of not disclose the use of brutal interro- man, and degrading treatment of de- detainees. The Court took the same po- gation techniques that went way be- tainees. In June of 2004 America was sition as Secretary Colin Powell had yond what even the torture memo of shocked by the revelations about what argued years before when President the previous administration had au- had occurred at Abu Ghraib prison. The Bush had first decided to disregard the thorized. Bush administration told us these were Geneva Conventions. It is worth noting what brought us to rogue actions of a few bad players. I in- In September 2006 President Bush this point, and of course, it was the troduced my torture legislation in 2004. publicly acknowledged the CIA deten- tragic, horrible events of September 11. I wanted to make it clear that America tion and interrogation program for the After that occurrence, the Bush admin- condemned the abuses at Abu Ghraib very first time. istration unilaterally decided to set and stood by our commitment to the In July 2007 President Bush signed an aside treaties and laws that have humane treatment of prisoners. But Executive order stating the CIA’s de- served us in the past. President Bush’s what we didn’t know was that the ad- tention and interrogation program then-White House counsel, Alberto ministration had approved the use of ‘‘fully complies with the obligations of Gonzales, recommended to President abusive interrogation techniques in the United States’’ under the Geneva Bush that the President ignore the re- CIA facilities and at Guantanamo Bay. Conventions and authorizing the use of quirements of the Geneva Conventions. A Defense Department investigation certain interrogation techniques. The Geneva Conventions were treaties later concluded that these techniques Again, the administration twisted the that grew out of World War II and es- migrated to Abu Ghraib. law to justify the use of abusive tactics

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That became the What happened with this disclosure here for my colleagues who are retir- focal point of the debate on his con- is an important reaffirmation of our ing, leaving the Senate. It is a lengthy firmation. separation of powers and our constitu- list of tributes. On December 6, 2007, the New York tional responsibility. TOM HARKIN Times reported that in November 2005 I wish to congratulate Senator FEIN- To Senator TOM HARKIN, neighboring the CIA had destroyed videotapes STEIN, Senator ROCKEFELLER, and every State of Iowa, whom I worked with showing the CIA’s use of abusive inter- member of the Senate Select Com- over many years on so many important rogation techniques. The next day I mittee on Intelligence, but particu- topics, I want to salute him for his sent a letter to Attorney General larly those who voted to go forward service. The highlights of his service Mukasey asking the Justice Depart- time and time again. They were under include the Americans With Disabil- ment to open a criminal investigation immense pressure not to do so. ities Act and, of course, the Affordable into the destruction of CIA interroga- The fact they have held the CIA ac- Care Act. His work on education and tion video evidence. I was the only countable to the American people, to medical research is legendary. There Member of Congress to call for that in- Congress, and to the President is part was a time when TOM HARKIN and Arlen vestigation. In January the Attorney of our constitutional responsibility. It Specter, Republican of Pennsylvania at General opened the investigation. The reminds people that in a democracy the that time, set out to double the med- CIA’s destruction of these videotapes is people govern and the people have a ical research budget at the National In- what led to this Intelligence Com- right to know what this government is stitutes of Health and they did it. mittee report. doing in their name. Lives have been saved, people have Then-CIA Director Hayden suggested There has been a lot of debate since been spared suffering because they had that the Intelligence Committee staff the release of this report, and I assume the political determination and cour- review the operational cables and it will continue. But if it ends with the age to achieve it. I am going to miss emails. The Intelligence Committee report in the press, we have not done TOM HARKIN. study was authorized by an over- enough. We have to reform our proc- I have served in Congress for a num- whelming 14-to-1 bipartisan vote after esses, and let me start with Congress. ber of years and I have heard an awful I served on the Senate Intelligence the SSCI, the Select Committee on In- lot of speeches. One of the most power- Committee for 4 years. It was a telligence, found that the cables de- ful speeches I ever witnessed in this daunting assignment. Virtually every tailed detention conditions and inter- Senate was delivered by TOM HARKIN in hearing is behind closed doors and clas- rogations far worse than what the CIA 1990. He gave his speech without utter- sified. No one knows here even at the had previously described to the com- ing a single word. He delivered it en- Select Committee on Intelligence un- mittee. tirely in American Sign Language—a less you tell them afterwards. Testi- The investigation led to the produc- language he knows from years of com- mony before us isn’t available to the tion of a report that is more than 6,700 municating with his brother Frank, public. Most of the time, the profes- pages long, including nearly 38,000 foot- who was deaf. In that historic speech in sionals from the intelligence agencies notes. It is based on a review of more sign language—a first for this body— than 6 million pages of CIA records. come before us and speak in the acro- TOM HARKIN was urging the United nyms of their agencies to the point you In December 2012 the Intelligence States Senate to pass the Americans can’t even follow what they are saying. Committee approved this report with a with Disabilities Act. 9-to-6 bipartisan vote. Two months It took me 2 years of sitting there puz- The ADA is one of the great civil later, in February 2013, I received a zling over what they were saying to fi- rights laws of the 20th century. It is briefing on this report before it was re- nally get an insight into what the com- often called ‘‘the Emancipation Procla- dacted. I was so disturbed by what I mittee and its responsibility were all mation for Americans with disabil- heard that I personally spoke with the about. That is not right. ities.’’ It is a landmark achievement in President, then-Secretary of Defense We need to make sure that congres- America’s ongoing efforts to create a Panetta, and John Brennan, to urge sional oversight of our intelligence more perfect union. No one worked each of them to do everything possible function is up to the job and up to the harder for its passage than the senior to be briefed on its findings and sup- Constitution. That means more re- Senator from Iowa, TOM HARKIN. He is port its declassification. sources put in the Senate Select Com- In March 2014 I sent a letter to CIA mittee on Intelligence. When I served, often and rightly referred to as ‘‘the fa- Director Brennan raising serious con- members of the committee shared a ther of the ADA.’’ cerns about the CIA’s hacking of Sen- staffer. We each shared a staffer. We That speech in 1990 was unique in its ate Select Committee on Intelligence didn’t even have one staff person work- use of sign language. In another way, computers and again urging declas- ing for each of us on these subjects. however, it was like nearly every sification of the report. The amount of money that is being speech TOM HARKIN has given because In April 2014 the Intelligence Com- spent, tens of millions of dollars in cov- he was speaking for people whose mittee approved the declassification ert activities and the like, needs to be voices too often are not heard in Con- and the public release by an 11-to-3 bi- carefully monitored. As the chairman gress. partisan vote. of the Appropriations Subcommittee In his 40 years in Congress, TOM HAR- It is critically important that this on Defense, I have that responsibility KIN has been a passionate, often fiery has been declassified so the American to look at the overall budget on intel- and relentless voice for good people people can understand what has been ligence. There is not enough oversight. who have often been dealt a bad hand done in their name. It was inconsistent We need to make certain that our by life. He has been a champion for with American values. It didn’t make branch of government is up to that men like his father, a coal miner with us safer, and it must never be repeated challenge so we can guarantee to the black lung disease, and others who des- again. American people that we are doing our perately need health care. He has been Yesterday Senator MCCAIN came to job, so that we can be held accountable a champion for people with disabil- the floor to support Senator FEIN- as we hold the intelligence agencies ac- ities—in America and around the STEIN’s disclosure. During the course of countable as well. world. He has been a champion of chil- his statement on the floor, he said: Our I think what happened yesterday is dren in foreign lands who are trapped enemies are acting without conscience. going to be part of the history of the in the worst forms of forced labor.

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MARK BEGICH TOM HARKIN has been a leader in safe- When KAY entered the Senate in I can’t imagine how the Senator from guarding and Social Security, those perilous days, America was in Alaska handles that commute back and and moving people from welfare to crisis. The economy was in freefall. forth, but he did it. I said the other day work. Millions had lost their homes to fore- when we spoke about his service that The senior Senator from Iowa and I closure. America was fighting two many people don’t realize his father were both very lucky. We are first-gen- wars—and though our military is the was a Congressman before him and he eration Americans. Senator HARKIN’s finest in the world, many of its mem- died in a plane crash with Hale Boggs mother came to this country from Slo- bers were exhausted from multiple de- when they were flying back to Alaska venia; my mother came from Lith- ployments. to appear at an event. That plane was uania. Six years later, we have made lost and never recovered. When MARK He knows from his own family’s expe- progress in all of these areas. Histo- BEGICH came from Alaska to serve the rience the love and gratitude that so rians will record that Senator KAY United States, he completed the jour- many immigrants feel for the freedoms HAGAN helped to make America strong- ney his father never could complete. and opportunities America has given er and better. His 6 years of service to Alaska have them and their children. So he has Senator KAY HAGAN comes from a been extraordinary. fought for immigration laws that pro- family that knows a great deal about Before he got into politics, though, tect America’s security at the same serving and sacrificing for America. MARK was a whiz kid entrepreneur. time they honor our heritage as a na- Her maternal uncle, Lawton Chiles, When he was just 16 years old, he got a tion of immigrants. was a Korean War veteran who rep- business license and he and his brother I want him to know that we will con- resented Florida in the U.S. House and opened two businesses: a nightclub for tinue our efforts to pass such laws Senate and served as Florida’s gov- teens and a vending-machine oper- until we succeed—just as we will con- ernor. Her father-in-law was a two-star ation. The business world’s loss was tinue to push for adoption by this Sen- Marine general, her brother and father our gain. ate of the Convention on the Rights of both served in the Navy, and her hus- Senator BEGICH started his political Persons with Disabilities until we pass band is a Vietnam veteran who used career working as an aide to then-An- that important treaty. the GI Bill to help pay for law school. chorage Mayor Tony Knowles. At 26, he As are so many others, TOM HARKIN Senator HAGAN first learned the ups- was elected to the Anchorage Assem- was inspired to public service by the and-downs of Congress—literally—by bly, or city council. And in 2003, he be- example of President John Kennedy. operating the Senators-only elevator came the first native-born Alaskan to After working his way through college, while interning for her uncle. serve as mayor of Anchorage. Senator HARKIN spent 5 years as a Senator HAGAN is a former ballet In 2008, he dared to take on an Alaska Navy pilot in the 1960s. He had applied dancer—a discipline that demands legend: Senator Ted Stevens. When the to become a pilot for a commercial air- great discipline and hard work. As a votes were counted, MARK had become line when he received a more compel- Senator, she has used those same quali- the first Democrat since Mike Gravel ling offer. In 1969, an Iowa Congress- ties to benefit her State and our Na- in 1981 to represent Alaska in the U.S. man invited TOM HARKIN to join his tion. Senate. Washington, DC staff. He said yes. He She served 10 years in the North As a Senator, MARK BEGICH has been also used his GI Bill benefits to earn a Carolina State Senate and in those 10 a voice for working families in Alaska law degree from Catholic University. years, she earned a reputation as a and across America. He has diligently TOM went back home to Iowa—and commonsense hard-worker interested and doggedly pursued common-sense, then he returned to Washington in 1974, in results, not partisan fighting. As co- bipartisan solutions to big challenges. not as a staffer, but as a Member of the chair of the State Budget Committee, In all things, MARK’s heart is always House of Representatives. A decade she increased the State’s ‘‘Rainy Day’’ with Alaska. He has helped to protect later, Iowa voters elected him to the fund and balanced five straight budg- Alaska fisheries, promoted renewable U.S. Senate. And in 1990 he became the ets. You heard that right—five straight energy development in the State, and first Democrat ever to be re-elected to budgets. She also helped make record made sure Joint Base Elmendorf-Rich- the U.S. Senate by Iowa voters. They investments in education, raised teach- ardson remains strong and active. must have thought that was a good er pay, and increased the minimum Here is something about MARK my idea because they re-elected him three wage. colleagues may not know. In 2011 he more times after that. Here in the U.S. Senate, she has con- was part of a four-man team in the Today, 40 years after his first elec- tinued to be a leader on education Hotline’s live annual trivia contest. tion, TOM HARKIN is grayer and wiser. issues, most notably helping to lead a His teammates were three House mem- But he has never forgotten where he group of Senators to start fixing No bers: DENNIS ROSS, Tom Davis, and came from. He is a proud Midwestern Child Left Behind. With her family’s Martin Frost. They were up against a progressive who has never forgotten military background, it is no surprise formidable team that included Chuck the hope and dignity that smart, com- that Senator HAGAN has fought hard Todd and Amy Walters. No one gave passionate government gave his family for military families and veterans. She MARK’s team a prayer of winning. But when they needed it. And he has never introduced another bill that is close to once again, MARK BEGICH scored an tired of working to make sure that my heart and that I will continue to upset victory. He is to DC political other families have the same chances work for. It would prohibit for-profit trivia what Ken Jennings is to Jeop- his family had. colleges from using the phrase ‘‘GI ardy: A memorable champion. I wish TOM and Ruth, their daughters Bill’’ in aggressive marketing efforts But the actions for which he will be and grandchildren all the best. aimed at separating veterans and serv- remembered are very far from trivial. TOM HARKIN leaves a legacy of icemembers from their hard-earned When MARK BEGICH and others in the achievement and compassion. I will education benefits. And she led the suc- Class of 2008 arrived in the Senate miss his presence in this Senate but he cessful effort to provide health care to America’s economy was in freefall. and Ruth will always be a part of our those affected by water contamination Millions of families had lost their Senate family. at Camp Lejeune in North Carolina, homes to foreclosure—the worst fore- KAY HAGAN the largest Marine Corps base on the closure crisis in America since the KAY HAGAN, my colleague from North East Coast. Great Depression. America was fight- Carolina, has done an amazing job. In KAY HAGAN will leave this Senate ing two wars. Our military is the finest her one term in the Senate, she really with a proud record of dauntless ac- in the world. Many of its members were

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I got to that have made America better and to those who need it. He voted for the know them when I gathered with one of stronger—militarily, economically, Affordable Care Act, which passed this these gangs, as they call them around and socially. Senate without a vote to spare. That here, to talk about deficit reduction. This son of one of Alaska’s great was a difficult vote for many but I be- We spent more time together trying to families has well earned—and will al- lieve that history will show it was the explore the Federal budget in ways to ways hold—a place in our Senate fam- right vote for America, and TIM JOHN- reduce our deficit in a thoughtful man- ily. SON was on the right side of history. ner so that we really got to know one TIM JOHNSON As chairman of the Senate Banking another and respect one another. TIM JOHNSON and I came to the Sen- Committee these last 3 years, TIM There is a world of difference in our ate together, TIM from South Dakota. JOHNSON has played an historic role in political values and philosophies, but He eventually became chairman of the helping to implement the Dodd-Frank each of them in their own way made a banking committee after he faced one Wall Street reform law and prevent a positive contribution toward making of the toughest physical challenges any repeat of the kinds of abuses that near- this a stronger nation. Senator has ever faced, a debilitating ly crashed our economy in 2008. He has I remember well the day Senator brain injury that left him physically moved forward despite intense opposi- CHAMBLISS announced that he would limited but never limited in spirit and tion to reform from both inside and not let Grover Norquist and Grover’s intelligence. Thank God, with Barb at outside of Congress. ‘‘no tax increases ever’’ demand dictate his side, he continued in public service One of the most important of the the terms of a deficit-reduction plan. to serve the State of South Dakota. Dodd-Frank reforms was the creation That needed to be said, and it took po- I am going to miss my great friend of a new Consumer Financial Protec- litical courage. Although Senator TIM JOHNSON. tion Bureau. Chairman JOHNSON CHAMBLISS will not be with us when the He and I go back quite a ways. We pressed successfully for Senate con- Senate convenes in January, I hope his served together in the House—and we firmation of Richard Cordray to head example will be with us. And I wish came to the Senate together in 1996. that new bureau so it would have a him the best in his future endeavors. That year, TIM JOHNSON was the only strong leader at the helm. Senator TOM COBURN and I come from Senate candidate to defeat an incum- While he is justifiably proud of the different parts of the country and dif- bent U.S. Senator in a general election. legislative victories that bear his im- ferent ends of the political spectrum, He won that first Senate election the print, TIM JOHNSON may be even more but we found there is a lot we agree on. old-fashioned way—with dedication, proud of the constituent services he I have always believed, as Senators hard work, and a lot of shoe leather. I and his staff have given the people of Paul Douglas and Paul Simon said, think he knocked on every door in South Dakota. Helping a veteran se- that being a liberal doesn’t mean you South Dakota—twice. Dedication, hu- cure a proper disability rating or help- have to be a ‘‘wastrel.’’ Senator mility, and unbelievable hard work— ing a senior citizen receive the Social COBURN knows that being a conserv- those are the values TIM learned as a Security and Medicare coverage he or ative and protecting America’s econ- fourth-generation South Dakotan. And she is due may not make headlines, but omy demands more than blind budget- they are the values that have exempli- it makes a huge difference in the lives cutting. His nickname is ‘‘Doctor No,’’ fied his entire career. of individuals. TIM JOHNSON and his but when it comes to wishing him well In 1986, TIM JOHNSON was a semi-ob- staff understand that. as he steps down from the Senate, my scure state legislator from Vermillion, I will never forget seeing TIM JOHN- colleagues join me in a resounding SD when he decided to run for his SON walk onto the Senate floor on Sep- ‘‘yes.’’ State’s only seat in the U.S. House of tember 5, 2007—less than a year after a Finally, here is a suggestion for when Representatives. TIM might have been brain hemorrhage nearly killed him. you have watched all of the ‘‘shouting the only person who thought he had a The courage and strength it took to head’’ political TV talk shows you can chance of winning that race, but he come back from such a trauma is hard take: Listen to Senator MIKE JOHANNS. surprised people. He did win—and he to imagine. Senator MARK KIRK, my MIKE’s quiet, reasonable approach was has never lost an election since. Eight partner from Illinois, told me that dur- a real asset not only to the Gang of consecutive statewide victories and ing his own recovery from a stroke, if Eight negotiations, but to the entire zero losses. That is quite an accom- he ever felt like giving up, he would Senate. We will miss his calm de- plishment. ask himself: ‘‘What would TIM JOHNSON meanor and his good-faith efforts to Here is another interesting fact do?’’ find smart, fair solutions to tough about TIM JOHNSON: During his first Dedication to public service is a fam- challenges. term in the House, he was responsible ily trait in the Johnson Family. Barb’s None of them is running for re-elec- for passing more legislation than any work on behalf of children and families tion so I can’t hurt them politically by of the other 50 first-term Members. has made life better for so many. saying that I regard each of these Sen- In his 36 years of public service, TIM Kelsey is an advocate for breast cancer ators as friends. They showed political JOHNSON has been a strong voice for awareness and research. Brendan is the courage when partisanship would have family farmers and ranchers in South U.S. Attorney for the District of South been easier. Dakota and across America. He is a Dakota. And Brooks is in the National I wish them the best in all their fu- longtime advocate of Federal support Guard following Army service in Bos- ture endeavors. for renewable energy—especially eth- nia, Kosovo, South Korea, Afghanistan, CARL LEVIN anol and wind energy. He helped lead and Iraq. Last night it was my honor to salute the effort to pass the Country of Origin Some time ago, the chief and people CARL LEVIN of Michigan for his 36 years Label Act—the COOL Act, for short—to of the Cheyenne River Sioux Tribe hon- of service in the U.S. Senate. He has let consumers know if the meat they ored Senator JOHNSON by bestowing on done so many things so well. As chair- feed their families was raised in Amer- him a Lakota name. His Lakota name man of the Armed Services Committee, ica. is Wacante Ognake. In English, it he has produced this contentious and Senator JOHNSON has been a leading means ‘‘holds the people in his heart.’’ challenging bill year after year, both advocate for Native Americans. He has That is the spirit that has guided TIM as ranking member and as chairman. fought especially hard for the members JOHNSON throughout his public life. As chairman of the Permanent Sub- of the Lakota and Dakota tribes—de- I wish TIM and Barb the very best in committee on Investigations, he really scendants of the legendary Indian lead- all their future endeavors. raised that subcommittee to a new

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.130 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6501 level. He tackled some of the most minds us that: ‘‘There are some things The list goes on and on. Senator complex issues of our day, particularly that only government can do, so we LEVIN voted: To repeal ‘‘Don’t Ask, when it came to corporate abuse. He need government. But we don’t need an Don’t Tell’’; to protect voting rights; spent the time to get the facts right. inefficient, wasteful, arrogant govern- and to limit the influence of private-in- When he had a hearing, he made an ex- ment.’’ terest money in elections. traordinary contribution to the public CARL LEVIN was elected to the U.S. He has voted to support American dialogue about reforming our law and Senate in 1978. Before that, he was ac- manufacturing—and stop giving tax making this a better nation. tive for 15 years in Detroit and Michi- breaks to corporations to ship Amer- When I was first elected to the Sen- gan State politics. He taught law be- ican jobs overseas. ate, people back home said to me: Well, fore he entered politics. He also held He supported my efforts to change now that you have been in the Senate some other interesting jobs—including bankruptcy laws to allow deserving a year or two, which Senators do you driving a cab in Detroit and working homeowners to save their homes in respect the most? on a DeSoto assembly line. foreclosures. I said then, and I will repeat it today, He showed up in Washington in 1979 He voted to regulate tobacco as a if I had a tough, important decision, driving a 1974 Dodge Dart with a hole drug—another issue that is personal for one I was wrestling over, an issue or a in the floorboard. He was still driving me. vote, and I could only reach out to a that same car to the Capitol 10 years I will always remember Senator couple of Senators at the time, one later. That tells us something about LEVIN’s vote on the Iraq war resolu- would be Paul Sarbanes of Maryland, CARL LEVIN’s devotion to the US auto tion. For years before 9/11, he warned anyone who would listen that America now retired, and the other is CARL industry, its workers and unions. was threatened by terrorism. When the LEVIN. That is still a fact. When General Motors and Chrysler horrific attacks came, he supported Long before CARL LEVIN was elected faced potential collapse in 2008, he to the U.S. Senate it was clear that he pressed Congress and a new president pursuing the attackers in Afghanistan. A year later, he and I were among had a gift for politics. Picture this— to support the companies with billions just 23 Senators to vote against the true story: At Central High School in of dollars in loans. Those loans have since been repaid Iraq War. He voted no, even though he Detroit, CARL LEVIN was elected class was then chair of the Armed Services president. He won that race after, as he and Chrysler and GM are not only sol- vent, they are making a profit. The Committee. That took extraordinary tells it, ‘‘running around with a piece U.S. auto industry is in the midst of its moral and political courage, and his- of matzoh telling other students: ‘This fastest expansion since 1950. tory has shown he was right. is what happens to bread without CARL LEVIN is a champion as well of CARL LEVIN is the longest-serving LEVIN.’ ‘‘How’s that for a slogan? America’s military, military families Senator in Michigan history, sur- As much as I hate to think about it, and veterans. He has served on the passing another Senate legend, Arthur soon we will have a United States Sen- Armed Services Committee since com- Vandenberg. As he proved long ago ate without LEVIN—for the first time in ing to the Senate 36 years ago. He is when he was elected president of his 36 years. Our only consolation is that one of Congress’s most respected voices high school council, he is a natural- CARL LEVIN leaves a legacy of good and on national security and military born politician. But like Senator Van- important laws. He also leaves a power- issues. denberg, he is more than a politician; ful example of what can be achieved Some years back he used his power he is a statesman. when we choose integrity over ideology on the Armed Services Committee to I will miss his presence in this Sen- . . . and our common good over con- question the procurement practices of ate and I wish him, and his wife Bar- frontation. the military. He asked: Why was the bara, all the best in the future. A Jewish publication in Detroit Pentagon spending thousands of dollars MARK UDALL wrote a while back that CARL LEVIN apiece for things like toilet seats and MARK UDALL, my friend from Colo- and his brother, Congressman Sandy hammers? He said: We need more rado and the Presiding Officer’s col- Levin, both deserve ‘‘honorable money for soldiers and less wasteful league. As I said last night, I served menschen awards’’—with the accent on spending for contractors. With the with his dad. His dad may have been ‘‘mensch’’—for their historic service to world growing more volatile and com- the funniest public servant I ever our Nation. I agree wholeheartedly. plex and increasing pressure to reduce served with. What a wit, what a sense Senator LEVIN’s keen intellect, hon- defense budgets, those are questions we of humor. He once said: If you have pol- esty and fair-mindedness—his decency must all be willing to ask. itics in your bloodstream, only em- and unfailing civility—have earned As a ranking member and then chair balming fluid will replace it. him the respect of Senators on both of the Senate’s Permanent Sub- Thank goodness the Udalls have poli- sides of the aisle. committee on Investigations, Senator tics in their bloodstream. Mo Udall Many years ago I was an intern for a LEVIN’s piercing intellect and his pa- served in the House of Representatives, great Senator, Senator Paul Douglas of tient mastery of complex issues helped, candidate for President; MARK UDALL’s Illinois. Every year now, the Univer- over and over, to expose and correct se- uncle, Stewart Udall, who was Sec- sity of Illinois presents a ‘‘Paul Doug- rious wrongdoing. retary of Interior under President John las Ethics in Government Award’’ to an As PSI chairman in 2002, he led a Kennedy; TOM UDALL, MARK’s cousin, elected leader who shares Senator probe of the activities of Enron Corp; the son of Stewart Udall, serves as Sen- Douglas’ deep commitment to social the investigation resulted in legisla- ator of New Mexico; MARK UDALL him- and economic justice, and efficient tion to improve the accuracy and reli- self, what a great person. government. The recipient of the Paul ability of corporate disclosures. I can remember so many things Douglas Ethics in Government Award From white collar crime, to money about his public service, but I remem- in 2006 was Senator CARL LEVIN. Paul laundering, abusive tax shelters, and bered, especially last night, when he Douglas would have approved that gasoline and crude oil price-gouging, lost his brother and came before our choice heartily. he has pursued the subjects of every in- caucus lunch and talked about the love As was Paul Douglas, CARL LEVIN has vestigation with nonpartisan vigor, he had for that man and what that loss been a foot soldier for justice. Paul seeking results, not spotlights. meant to him. It touched the heart of Douglas was a leader in the effort to The list of laws bearing his imprint is everyone in the room. It gave us an in- pass a strong Federal Civil Rights Act. long and historic: The Competition in sight into the heart of MARK UDALL as In 1964, the year that law finally Contracting Act of 1984; Social Secu- a person. passed, CARL LEVIN was appointed the rity Disability Benefits Reform, 1984; He was committed to a number of first general counsel for the Michigan The Anti-Kickback Enforcement Act, causes. His wife Maggie and he have Civil Rights Commission. 1986; The Whistleblower Protection given so much time to the environment Paul Douglas believed in government Act, 1989; The Ethics Reform Act in and preserving our national heritage, and he hated government waste. He 1989; The Lobbying Disclosure Act in but he also showed great courage when used to say: ‘‘You don’t have to be a 1995—the first major lobbying reform it came to his service on the Senate In- wastrel to be a liberal.’’ CARL LEVIN re- in 50 years. telligence Committee. Even as a new

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.132 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6502 CONGRESSIONAL RECORD — SENATE December 10, 2014 member of that committee, he stepped light of their lives. Her dedication to nity and security for so many. She has up for principles and values, and I am the cause of adopted children has real- fought to defend voting rights, wom- glad he did, preserving our rights and ly made a difference not just to the en’s right, and children’s right. She has liberties as American citizens and fully United States but in the world. I am earned a spot in heaven with her work supporting the disclosure that Senator sure she didn’t get a lot of political re- to promote adoption. She provided a FEINSTEIN made yesterday with her re- ward for it, but thank goodness she put crucial vote to pass the Affordable Care port. a big part of her life and her public life Act, knowing full well that it would MARK has fought to protect Ameri- into standing up for the rights of cost her politically. If that doesn’t cans’ privacy rights with thoughtful adopted children and adoptive parents, earn her a spot in heaven, it will at reforms of the NSA and the PATRIOT encouraging more and more, so the least earn her a place in history as a Act. kids would have a loving home as part profile in courage. In keeping with his family’s tradi- of their lives. It was just one of the With her political genes and deter- tion, he has made protecting our envi- things that MARY worked on, but it mination, I know that MARY LANDRIEU ronment and our precious natural re- was one of the things I will remember. will continue to be a force in Louisiana sources a top priority. He has been a I am going to miss her and her service and American politics for years to leader in addressing climate change as to the U.S. Senate. come. And while I will miss seeing her a growing threat to our national secu- MARY bleeds Louisiana. Her father is every day in this Senate, I look for- rity. He organized support in the Sen- the legendary statesmen Moon Lan- ward to seeing her fight for what is ate for legislation that would require drieu, former New Orleans mayor, HUD right for many, many more years. It 15 percent of electricity to be gen- Secretary under President Jimmy Car- has been an honor to serve with her. erated from renewable sources by 2021. ter, and Judge of Louisiana’s 4th Cir- I yield the floor. And in the 2013 Defense Authoriza- cuit Court. Her brother, Mitch, is the I suggest the absence of a quorum. tion Act, MARK UDALL led the effort to current Mayor of New Orleans. The PRESIDING OFFICER. The allow the Pentagon to continue to de- MARY—the eldest of the eight sib- clerk will call the roll. velop and use renewable energy lings—learned important political les- The bill clerk proceeded to call the During his one term, MARK UDALL sons early. She was taunted in early roll. made more dauntless decisions and grade school about her father’s pro Mr. COONS. Mr. President, I ask achieved more good for America than civil rights stands in the 1960s. Those unanimous consent that the order for many Senators who have served far experiences taught her that taking the the quorum call be rescinded. longer. right position sometimes makes you The PRESIDING OFFICER. Without He supported a recovery act that unpopular—but you do it anyway. objection, it is so ordered. helped turn the tide against the worst MARY was only 23 when she entered economic downturn since the Great De- the Louisiana House of Representatives TAX EXTENDERS AND OMNIBUS pression. He voted for the most far- in 1980. She went on to serve as a mem- Mr. COONS. Mr. President, as we reaching financial reform since the ber of her State’s senate. come to the close of the 113th Congress, Great Depression and he supported one MARY is a formidable fighter for Lou- I wish to speak for a few minutes about of the biggest investments in college isiana. In her State’s darkest hours, why I think we should be optimistic affordability since the GI Bill. Millions during Hurricane Katrina and in the about the future and what we can and of Americans are back at work and aftermath of that terrible catastrophe, must do to take advantage of the op- millions of Americans know the secu- she stood strong. She was exactly the portunities that lie ahead. rity that comes with affordable health right person for Louisiana. More than Despite economic slowdowns care, in part, because of his courage. any other single official, she deserves throughout much of the world among The famed explorer Edmund Hillary the credit for directing billions of dol- developing and developed Nations once said, ‘‘Human life is far more im- lars in relief and rebuilding money to alike, America’s economy continues to portant than just getting to the top of her hometown and home State. steadily grow. Just last Friday we got a mountain.’’ Governor Bobby Jindal’s Secretary of great news that our economy created For MARK UDALL, being a U.S. Sen- Administration had this to say about more than 300,000 jobs in the month of ator has been about something more MARY LANDRIEU: ‘‘She’s relentless; November. That marks 57 straight important than acquiring power. It has once she starts, she will not stop. And months, or nearly 5 years, of positive been about using that power to pre- once she’s on your side, she’s on your job growth numbers. For the first time serve our precious natural treasures side.’’ since was President of this and make life better for others. This is what St. Tammany Parish Nation, we have averaged more than Mo Udall would be proud of the U.S. Sheriff Jack Strain remembers about 200,000 new jobs per month for 10 Senator his son has become, and I am Katrina: ‘‘The very first federal rep- straight months. certainly proud to have worked with resentative we had on the ground after Particularly in the economy is an him. Katrina was MARY LANDRIEU . . . when area of growth and opportunity that I I have been in the Senate now for 18 water was still in our houses and have focused on in my time before years, and I have seen many come and neighborhoods. . . . She spoke to my coming into public service and in my 4 go. But we have lost, sadly, in this de- deputies and offered assistance to years here. That is American manufac- parture of these Members some of our them.’’ turing, an industry about which I have best. Perhaps the best description of MARY spoken at length here on the Senate MARY LANDRIEU LANDRIEU was offered by her mentor, floor and have worked with my col- I will close by mentioning the one former Senator , who calls leagues to craft and assemble a group whose fate was determined the last, her ‘‘a pit bull with Louisiana charm.’’ of bipartisan bills that can help move and that was MARY LANDRIEU of Lou- In 2009, when Hurricane Katrina was American manufacturing forward. isiana. She has been a great Senator just a dim, bad memory for some, Sen- The news this last month was good, for Louisiana. She worked harder and ator LANDRIEU made sure the stimulus as it has been for months, for years achieved more for that State than, ob- bill included a provision that ended up now, about American manufacturing, viously, the people of that State real- allowing the state to rebuild Charity which continues to grow as well. There ized. There wasn’t an issue that came Hospital, the cornerstone of health were 28,000 new American manufac- before us that MARY didn’t stand up care for many low-income New Orleans turing jobs last month, which contin- and say: Now let me tell you how that families. ued this steady climb. It has now cre- affects Louisiana, and usually make an Senator LANDRIEU has been a cham- ated more than 750,000 new jobs over ask which was fulfilled. pion of the energy industry—so crucial the last 4 years. Manufacturing jobs Let me add one other grace note to the economy of her State and her are great jobs. They typically are high- when it comes to her personal and pub- Nation. She has fought to preserve So- er wage and higher skill and have high- lic life. MARY and her husband have cial Security and Medicare and other er benefits than jobs in any other sec- adopted two children. They are the safety net programs that provide dig- tor. They are good, middle-class jobs

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.134 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6503 you can raise a family on. They deal mittee, the Appropriations Committee, would have further expanded the access with one of the biggest ongoing rem- helped move our economy forward that to the R&D credit for startups. The bi- nants of the great recession, which is at times are not focused on here on the partisan Innovators Job Creation Act, the lack of real wage growth in our floor or in the general press coverage. which I introduced with Senator ROB- economy. So I am excited to see that It is such a large and comprehensive ERTS, would have expanded the credit manufacturing jobs continue to grow bill, the omnibus. But I wanted to take to innovative small businesses as well. in our economy and to talk about the a moment and highlight a few ways in Both of those bills passed on a bipar- things we can and should do to help which the omnibus invests in innova- tisan basis out of the Finance Com- sustain this growth in manufacturing. tion, in competitiveness, and in moving mittee and were part of a package We have reason to be optimistic, but our economy forward. I am also grate- being advanced here in the Senate but we cannot be complacent. As much as ful, in some ways most importantly, will not be part of the ultimate 1-year we built momentum over the last year that it includes emergency funding to extenders considered later this week. since the recession, and especially this respond to Ebola, both at home and I wanted to highlight that as we look year, there is, of course, no natural abroad, which will be critical to help- forward there are opportunities still in law, no economic fundamental prin- ing stamp out this deadly virus at its front of us for us to tackle the chal- ciple that says it will not turn back origin in West Africa and in protecting lenges and to seize the opportunities, around. We need to sustain our positive Americans here at home and others to take things that are important to direction, particularly in this sector, around the world. manufacturing and to move them for- particularly as we move toward the The appropriations bills that were ward. There are lots of other bills in 114th Congress. shepherded through the dozen sub- the mix that will be adopted this week, I am proud that Congress last year committees give us reason to be opti- either by unanimous consent or as part passed a 2-year budget to create some mistic about the future because the of larger packages, and a number of stability and some certainty for our Chair, Senator MIKULSKI, and the Vice them relate to manufacturing. I am op- country and economy. We have gotten Chair, Senator SHELBY, have done a timistic that we will adopt a national out of the way and allowed our busi- laudable job of listening to each other, manufacturing strategy bill that I have nesses and workers to do what they do of working together, and of crafting a worked hard on with Republican Sen- best, to move our economy forward. In bipartisan bill here in the Senate, ator MARK KIRK of Illinois. I am opti- the next few days we will have chances which I hope the Members of this body mistic that a bipartisan manufacturing to do the same when we vote on a num- will study, consider, and move forward hubs bill that Senator SHERROD BROWN ber of bills, one that, most impor- and adopt. of Ohio and Senator ROY BLUNT of Mis- tantly, will keep our government run- As we move to complete the business souri have worked hard together to ning, not for a few days or weeks or of funding the government, we would craft and to hone and to get to a place months, but the overwhelming major- be remiss if we did not also take stock where it is ready to be passed—that ity of this government will be author- of the opportunities in front of us we they both will make it across the finish ized and funded through next Sep- have not yet grasped. There is unfin- line to the President’s desk. tember. ished work to be done. This week we But just this past week, I stood on The funding bills that are included in will also almost certainly pass a 1-year this floor with Senator KELLY AYOTTE this omnibus continue investments in tax extenders bill, which will carry for- of New Hampshire and we spoke about innovation and continue to move our ward certain temporary tax credits and a bill that is not yet ready for adop- country forward. There is a whole rash deductions, but for just the 1 year. tion, but we will take up next year, the of bills that I have been interested in Although the extension for many Manufacturing Skills Act, which helps and engaged in as a member of the Ap- businesses and many sectors is better to focus and prioritize the investments propriations Committee that are valu- than nothing, it signifies a missed op- in manufacturing skills training at the able programs, that will strengthen portunity on our part. Much of what State and municipal level all over the manufacturing—for example, the Man- has made me optimistic over the last country in partnership with the Fed- ufacturing Extension Partnership, year is how much our economy has eral Government. which has done amazing work on the begun to thrive in a stable fiscal envi- What I wanted to do today was to ground in Delaware, helping small and ronment, in a more predictable regu- simply highlight a few perhaps under- medium manufacturers to be competi- latory environment. Yet, this 1-year appreciated, underrecognized areas of tive, to train their workforce in cur- extension does not do much to give legislative action on a bipartisan basis rent skills, to grow into the spaces of businesses the certainty they need to in this Chamber that helped put some the world economy where we have real predict and plan for the future. lift under the steady forward progress opportunity. This bill will help sustain I have worked hard with Democrats of the manufacturing sector in our the funding for the Manufacturing Ex- and Republicans alike to expand and country and to express my hope that tension Partnership nationally. make permanent the research and de- we can find ways to continue to work There are several other programs re- velopment tax credit, which is particu- together on a bipartisan basis to keep lated to innovation in the Department larly relevant to manufacturing, be- our economic momentum going in the of Energy. For example, sustained cause manufacturing is the most R&D- year and the Congress ahead. funding for the ARPA–E, for an innova- intensive sector in the American econ- TRIBUTE TO DEPARTING SENATORS tive model that helps fund cutting- omy. Manufacturers invest more in As I close, I would also like to thank edge, category-redefining research and R&D than any other part of the Amer- those of our colleagues who will be investment in energy and in clean en- ican landscape. This 1-year extension leaving the Senate after the New Year. ergy manufacturing and in technology misses an opportunity to either make It is an incredible privilege to work deployment. the R&D tax credit permanent, or to in this Chamber and to represent the There are also opportunities for us to make it more accessible. people. Every day I am awed by the continue to put Americans to work I was excited to have the opportunity dedication and talent of many of my through investments in infrastructure. early on here to team up with two Re- colleagues, public servants who come As someone who lives on Amtrak 16 publican Senators, MIKE ENZI of Wyo- to work to fight for their States and hours a week, I am thrilled with the ming and PAT ROBERTS of Kansas, to their government. outcomes for both the Amtrak budget find ways to make the R&D tax credit To those who are ending their service and for the TIGER grant programs, a more accessible to early-stage and in the Senate, know that I value your tool used by the Department of Trans- startup companies, companies with friendship and partnership. It has been portation to help incentivize innova- high growth potential, but because of an honor to work with you, and I thank tive transportation projects that break the way the R&D tax credit has been you for all you have done for our Na- through bottlenecks and help put structured and used for decades, do not tion. Americans back to work. have the opportunity to access it. I yield the floor. There are so many different ways The Startup Innovation Credit Act, The PRESIDING OFFICER. The Sen- that the work of this bipartisan com- which I introduced with Senator ENZI, ator from Nevada.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.054 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6504 CONGRESSIONAL RECORD — SENATE December 10, 2014 Mr. HELLER. Mr. President, I rise to throughout the West. In total, over formations. Scenic lakes and reservoirs speak in support of some of the public 110,000 acres of land will be removed offer world-class trout fisheries. From lands provisions that were included in from Federal ownership and utilized for the ranchers who make their livelihood this year’s National Defense Authoriza- mineral production, timber production, on grazing allotments to conservation- tion Act. Before I do so, I wish to rec- infrastructure projects, and other com- ists intent on preserving a rugged land- ognize the work Senators LEVIN and munity development. In addition, it re- scape, anyone familiar with the place INHOFE have put into this bill and their leases approximately 26,000 acres of agrees it is special. dedication to reach an agreement with current wilderness study areas, which In addition to conserving these areas, the House so that this bill could move unlocks lands to be used for multiple the bill releases areas from wilderness forward on time, as it has done over use. that needs watershed restoration and the past 50 years. It is very important to discuss the treatment due to a high wildfire As a member of the Veterans’ Affairs eight Nevada provisions today to show threat. It also provides for the con- Committee, I hear every day about the my colleagues in the Senate the many struction of additional campsites and sacrifice our servicemembers make to hoops our western communities have accommodations for motorized camp- protect our country. Passing the au- to go through to take the same steps ing. thorization bill that helps ensure they many eastern communities can accom- The initial work on the Pine Forest have the equipment they need and the plish in a single day. bill was grassroots-driven, transparent, resources required to meet the mission The Lyon County Economic Develop- and ultimately supported unanimously they are tasked with is very important. ment and Conservation Act is a jobs by all stakeholders and local govern- While I am pleased the Senate will be bill I first introduced while in the ments in this county. moving forward on this bill, I wish to House, but it has been held up by the Fourth, the package includes the note that the bill’s reduction in serv- Senate for many years because of grid- Elko Motocross and Tribal Conveyance icemembers’ benefits concerns me. I do lock. Act—another bill I first introduced in believe Members should have had the This bill allows the city of Erring to the 111th Congress as a Member of the chance and the right to debate and partner with Nevada Copper to develop House. The commonsense bill conveys amend it, and I hope the Senate will roughly 12,500 acres of land sur- 275 acres of BLM lands to Elko County have the opportunity to do so in the fu- rounding the Nevada Copper Pumpkin for a public motocross park. Addition- ture. Hollow Project site to be used for min- ally, it provides 373 acres to the Elko This year the final Defense bill in- ing activities, industrial and renewable Band of Te-Moak Tribe for housing and cludes several Nevada public land pri- energy development, and recreation. tribal economic development. orities that will spur economic devel- Senate passage is the final hurdle to Outdoor recreation and tourism are opment and job creation in our State more than 1,000 new jobs at an average such important parts of life in Nevada. while enhancing U.S. national security. wage of over $85,000 per year. The mine Opening up this land will benefit the I have been working on many of those will contribute nearly $25 million in residents of northern Nevada for years proposals since I was first elected to property and net proceeds taxes per to come. Congress in 2006. year that would be distributed to the Fifth, this land package also includes I thank incoming Senate Energy and State, to Lyon County, their schools, the Las Vegas Valley Public Land and Natural Resources Committee chair the hospital district, and the Mason Tule Springs Fossil Beds National LISA MURKOWSKI for her leadership and Valley Fire Protection District. Monument Act, which is the culmina- work on this public lands package. We In addition, Nevada Copper plans to tion of several years of effort to con- have been working together for many invest $80 million in infrastructure for serve the ancient Tule Springs fossil years on many of the bills included in the mine and processing facilities that beds while providing job-creation op- the package, and I am pleased to see can be utilized to support other land portunities and critical civilian and they are finally getting across the fin- uses and economic development. military infrastructure that will be ish line. This bill will transform the local necessary to meet the needs of the Las Let me first clarify that just because economy of one of the counties in our Vegas Valley. some of these bills are related to public Nation that are struggling most during After working with stakeholders at lands does not mean they have a direct this recent economic downturn. every level, I am pleased that we can relationship to defense and protecting As I said before, copper is the second navigate a path forward for southern our national security. My Nevada Cop- most used mineral at the Department Nevada. per bill will protect domestic produc- of Defense and is considered an essen- While serving in the House, I also in- tion of copper—the second most used tial mineral for weapons production. troduced legislation in both the 110th mineral at the Department of De- Copper is also the primary mineral and 111th Congresses to convey parcels fense—as well as directly benefit two from which other strategic and critical of BLM land to the Nellis Air Force bases that are located in the State of metals, such as rhenium, are derived. A Base to create an off-highway vehicle Nevada. domestic supply of this important re- park in the Nellis Dunes and to convey As the Presiding Officer knows, source greatly benefits our national se- land to the Nevada System of Higher roughly 85 percent of the land in Ne- curity. Education to expand educational op- vada is controlled by the Federal Gov- Second, there is a provision in this portunities for southern Nevadans. ernment. This presents our local and package that will allow Naval Air Sta- Those smaller bills were ultimately State governments with many unique tion Fallon to acquire over 400 acres of included in S. 973 in this Congress, so I challenges. Our communities’ econo- BLM land for a safety arc for an explo- am pleased that 6 years of work on this mies are directly tied to the way the sive ordnance-handling facility and to Tule Springs legislation will finally be- Federal Government manages those construct much needed family housing come a reality. lands. They often work closely with me at the station. Both of these plans will The final three Nevada bills included to develop legislative solutions to their greatly benefit mission operations and in the lands package are newer pro- problems. the quality of life for our brave service- posals but achieve long-term economic Whereas out East local governments members serving there. The station development objectives that the af- can acquire land on their own to build first asked for these lands over 20 years fected communities have long asked public works projects, out West, unfor- ago. I am pleased their wait can finally for. tunately, we have to get the permis- come to an end. The Fernley Economic Self-Deter- sion of Congress. That is why reducing Third, the package includes the Pine mination Act provides Fernley the op- the Federal estate and increasing ac- Forest Recreation Enhancement Act— portunity to purchase up to 9,114 acres cess to our public lands has been one of a proposal that has been in the works of Federal land within the city bound- my top priorities in Congress, and this in Humboldt County for nearly a dec- aries for the purpose of economic de- package goes a long way toward ac- ade. Just north of the Black Rock velopment. complishing these goals. It resolves Desert, the Pine Forest offers a diverse Fernley was incorporated in 2001. over 60 of these types of issues landscape of sagebrush, aspen, and rock Since incorporation, the city has been

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.056 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6505 working with private business partners government on auto pilot, and we fund whether it is of value to us, it is wheth- and State and Federal regional agen- the government through the rest of the er it is of value to the Nation. I think cies to develop a long-term economic fiscal year for 2015, except Homeland what the voters in the last election development plan. These parcels have Security, which will be a continuing said was: We have lost confidence in significant potential for commercial resolution. your ability to govern. and industrial development, agricul- What we are talking about here is a I hope over the next 72 hours, by the tural activities, and the expansion of monumental achievement. It is a mon- way we will bring this bill to the floor, community events. umental achievement showing how we we will take a significant step in re- Similarly, the Carlin Economic Self- can work together, we can govern, and gaining that confidence and getting Determination Act allows Carlin to we can get the job done. out of this whole game of government purchase up to 1,329 acres of BLM Working on a bipartisan basis in the by crisis, government by artificially lands. This city, located in Elko Coun- Senate, we worked in our subcommit- imposed deadlines, where all it is, is ty, is completely landlocked by the tees, and we held our hearings. We held more drama than debate. Federal Government. Without this leg- 60 hearings in 60 days and did a good We would like to get back to the reg- islation, it would be impossible for bit of our markups. We were able to ular order. Hopefully, though, we now their leaders to meet the demands for work on our Senate appropriations. can move forward on our bill. the expansion of their growing popu- Over in the House, they did the same I thank the Chair for his attention, lation needs. thing. But then, alas, when we got to and I yield the floor. I note the Senator Finally, the Storey County provision September, we had to go on a con- from Arizona is on the floor so I will conveys over 1,700 acres of BLM lands tinuing resolution until December 11. not ask for a quorum. to Virginia City. These properties have I, as a rule, don’t like continuing res- The PRESIDING OFFICER. The Sen- been occupied for decades by individ- olutions. We have 12 subcommittees, ator from Arizona. uals who purchased them or acquired and I had hoped, under the time I TRIBUTE TO TOM COBURN them legally; yet their continued resi- chaired the committee and held the Mr. MCCAIN. Today, I would like to dency is trespass, according to the Fed- gavel, that we could consider one bill offer words of tribute to my departing eral Government. at a time and bring it to the Senate colleague, Senator TOM COBURN, whose It is a very burdensome oversight by floor. Alas, partisan politics, gridlock, service exemplifies standards of pur- the Federal Government that must be deadlock, gamesmanship, and show- posefulness, integrity, and decency, to resolved for the sake of my constitu- manship prevented all of that. which we should all aspire and whose ents. They have struggled for years, But you know what, we on the Appro- example ought to inspire the service of haunted by this error that is the result priations Committee, working with our new and returning Senators alike. through no fault of their own. vice chair, Senator SHELBY of Ala- I am going to miss an awful lot our These small public lands proposals bama, kept ourselves on track. Then colleague from Oklahoma. I have al- are going to make a major impact on we met in the conference committee, ways admired TOM for the strength of Nevada’s economy. They have been de- first our subcommittee chairs and then his convictions and the courage and veloped at the local level and signed off Chairman ROGERS, Senator SHELBY, candor with which he expresses them on by the local communities. Congresswoman LOWEY, and myself. We day after day. ‘‘The No. 1 thing people I understand my colleagues’ concerns worked together on a $1 trillion spend- should do in Congress,’’ TOM once said, that they would have liked the oppor- ing bill. That number is breathtaking, ‘‘is stay true to their heart.’’ No one in tunity to debate and vote on more but we need to remember that over $550 the history of this institution has ever amendments to this bill. I, too, filed a billion is in national defense. The rest followed that injunction more faith- number of amendments that I wished is in domestic discretionary. That fully than TOM COBURN has. to see considered, and I will continue means everything from veterans, to TOM COBURN has an unshakable faith pushing those priorities next year. But foreign aid, to school aid, and also in the goodness of America, and he has right now Congress has a rare oppor- funding innovation. worked diligently with others when he tunity to pass this public lands pack- I will talk more explicitly about the could and alone, if necessary, to make age that enables important mining, en- bill when it comes to the Senate floor. sure government respects the people we ergy development, ranching, and tim- But for today I wanted everyone to serve—respects their hopes and aspira- ber work to go forward, generating eco- know we are keeping the process going. tions, their concerns and sacrifices. He nomic and employment opportunities We actually made the process work. We has never forgotten he is the people’s for my State, other States, and local showed that we could govern. We servant first and last, and they have residents. worked across the aisle. We worked never had a more genuine and deter- Let’s get the government off these across the dome. We practiced civility. mined champion. Nevadans’ backs and allow them to do We argued. We debated. We fought. You I think TOM has often acted as the what they do best; that is, create jobs. know, sometimes you give a little, you conscience of the Senate. He can be I yield the floor. take a little, but you stand for them unmovable on matters of principle The PRESIDING OFFICER (Mr. all. And I want everyone to know we when to do otherwise would harm or do COONS). The Senator from Maryland. were able to concentrate and com- no good for the country. TOM COBURN is APPROPRIATIONS promise what I call capitulation on sometimes called ‘‘Dr. No,’’ affection- Ms. MIKULSKI. Mr. President, I principle. ately most, if not all, of the time. He come to the floor today during the con- So I wanted to say to my colleagues: has held up more legislation that he sideration of the national defense au- Stay steady, stay strong. We expect thought ill served the public interest thorization to bring my colleagues up that the House will pass its rule some- than any other Member of this body. to date on the appropriations bill. time after 3 o’clock today. That is the He even placed a hold on one of his own As we know, the continuing resolu- framework that enables them to go to bills that he thought no longer met his tion expires on Thursday at midnight, the floor tomorrow. They will follow high standard of accountability after it but I am here to talk about some good their own rule and hopefully that bill was reported out of committee. I don’t news. The Appropriations Committee will pass. If it does pass, it will come to think the American taxpayer has ever on both sides of the dome—the House the Senate, and we will immediately had a greater defender than TOM Appropriations Committee and the take it up under the rules the two lead- COBURN. Senate, working in a conference com- ers will have worked on and estab- I like to think I have taken a few mittee—has completed its work. This lished. So we look forward to com- principled stands when the situation legislation is now as we speak heading pleting the job on the Appropriations has warranted it, and I have made my- to the Rules Committee and to the Committee within the next 72 hours. self an occasional nuisance in service House. Hopefully it will head to the I hope this update is of value to my to what I thought was a good cause. House for tomorrow, on to the Senate colleagues as they plan their schedule But I have never been so conscientious tomorrow night and into Friday. This and wish to participate in the debate that I felt obliged to defeat my own means no government shutdown, no and in the discussion. But it is not legislation. That is a pretty high

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.057 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6506 CONGRESSIONAL RECORD — SENATE December 10, 2014 standard of personal responsibility to opposing each other on an issue, it get the House to agree to something meet and a character test of the first doesn’t matter. If you need him, he will with more certainty than 2 or 3 weeks. order. I am not sure many of us would be there for you with a kind word, a I think it is an embarrassment for the pass it. I wouldn’t. But then, as all his piece of advice, a little encouragement Congress that we are not able to come colleagues can attest, TOM COBURN is a or just good company. There are too together and pass the EXPIRE Act to person of the very highest character. few people like that in anyone’s life be able to give more certainty. He possesses the highest virtues—cour- not to cherish the hell out of those who There is a glimmer of hope though on age, humility, compassion—in an abun- are. I cherish my friendship with TOM a piece of tax reform I wish to mention. dance. It has been an honor to serve COBURN, and I always will. Frankly, there is disagreement on this with him. The Senate will be a poorer place on our side of the aisle, and I respect- As principled as he is, as unwavering without TOM COBURN to set an example fully disagree with those in the White as he can be when he believes it nec- of public service for the rest of us. But House on this as well. But there is a essary, he has also been a brave and de- in gratitude to him for his leadership bill I hope will move on the suspension termined proponent of compromise and friendship, I will try a little harder calendar in the House around chari- when he believed it served the public to live up to his standards, and I hope table giving. interest, when it would help build a he will let me know when I fall short. I can’t imagine at this time of year more prosperous and secure society Mr. President, I suggest the absence of charitable giving, as we come up to with more opportunities for more peo- of a quorum. the end of the year and people are mak- ple and brighter futures for our chil- The PRESIDING OFFICER. The ing decisions about where to place dren. clerk will call the roll. their dollars, what kinds of causes and We always have detractors. It comes The assistant legislative clerk pro- so on, that we couldn’t come together with the job. Whether TOM was stand- ceeded to call the roll. on a bipartisan bill to deal with dona- ing on principle or seeking a principled Ms. STABENOW. Mr. President, I ask tions to food banks and conservation compromise, he stood up to criticism. unanimous consent that the order for easements that protect our land for the He stood up to pressure. He stood up to the quorum call be rescinded. future, that make sure we are not threats and insults and whatever nega- The PRESIDING OFFICER. Without plowing up our land and putting more objection, it is so ordered. tive personal consequences he might CO2 into the air right at the time we suffer. He stood up to whatever came THE TAX CODE are trying to deal with climate issues— his way to do what was right for his Ms. STABENOW. Mr. President, land protection, forestry protection for country. He stood up for the American there was an opportunity this session the future; dealing with investments in people, no matter how difficult it was. to work together in a bipartisan way to our research institutions, dealing with What better can you say about a public provide certainty around the Tax Code investments in important areas near servant? for families and farmers and busi- and dear to my heart—such as the city TOM and I worked together on a lot of nesses, at least for 2014 and 2015. There of Detroit, where our foundations are things. We fought together to end ear- may still be a small window of oppor- playing such a critical role in making marks and opposed other forms of tunity to get things done. I certainly the investments, whether it is in trans- wasteful spending. We worked together support doing that, if we can. But I portation infrastructure, whether it is on oversight projects for the stimulus want to speak to the importance of job training, whether it is rebuilding bill and highway trust fund spending. having some certainty, at least the neighborhoods to be able to turn We also fought for a long time to let through the end of 2015, as it relates to Detroit around. I believe we are going veterans decide where they could best our tax policy for investing, for the to be able to do that. I know we are receive health care. We made good economy, and for homeowners to make going to be able to do that. But a progress on some issues and not enough decisions. major reason has been the founda- on others, but TOM COBURN was always Back in April, thanks to the leader- tions—the Kresge Foundation, the Kel- an example and an inspiration to me. ship of Chairman WYDEN and Ranking ler Foundation. There are so many If I could speak more personally, TOM Member HATCH, those of us on the Sen- that have been there. has been more than a paragon to me ate Finance Committee worked to- So we have an opportunity prior to and to other Members of the Senate. gether closely and passed the EXPIRE going into a larger debate on tax re- He is first and foremost a kind, consid- Act, a bipartisan bill that would renew form to actually take a piece of this, erate, and loyal friend—a friend in tax provisions for 2014 and 2015 so that which normally would be, on its sub- good times and bad, a friend who brings again people could plan, businesses, stance, very bipartisan, and actually be out the best in you because he believes and farmers, at least through that 2- able to get that done. I am hopeful we in the best part of you. I said earlier year period. It would give businesses will be able to do that before the end of TOM COBURN sees the innate goodness and families across the country the the year because of the important pro- in the American people. He also sees it certainty they desperately need. visions in it. in his colleagues, even when it isn’t ap- Unbelievably, back at the time when I go back to though the broader tax parent to other observers. we brought it to the floor, after a bi- bill being sent as a 1-year renewal from We have shared happy times to- partisan effort, Republicans in the Sen- the House of Representatives and, as I gether, TOM and I, but TOM has the in- ate filibustered it and we could not said, at most is a 3-week bill. By the stinct and the kindness to be the kind move it forward. So we have been try- time it is done, it may end up being a of friend who is there when you need ing to get this 2-year bill done as the 2-week bill at this point in time. I can’t him—when you need him most, in mo- first year has been ticking away. We believe people honestly, with a straight ments that aren’t so happy. are now at the end of the first year of face, are calling this tax policy to be We all lead pretty good lives here. We the tax bill, and, unfortunately, in- able to do this. get the chance to serve the greatest stead of having a 2-year bill, we now There are homeowners who lost their country in the world and, on occasion, have a bill from the House that con- job during the recession and can no to make history. We are honored and tains what we call tax extenders—ex- longer afford their mortgage payments. feted and praised more than we de- tending tax policy for the economy, They have had their homes foreclosed serve. But as all human beings do, we from research and development to on or maybe they have been able to do have moments of worry and doubt and homeowners to depreciation for invest- a short sale with their mortgage lender disappointment. TOM always has the ments and jobs. We have something or the bank. For the past year—11 knack for showing up when I need that is only extended to the end of this months and 10 days—these families cheering up. He has made the point year. As our chairman has said, it is a have had no way to know whether we over the years of being company when 3-week bill. By the time we get done, it were going to renew the mortgage for- you most need it. will probably be a 2-week bill. giveness tax relief bill, which I was Friendship is a virtue to TOM, and he We need to do more. The chairman, proud to author as a bipartisan bill means to live a virtuous life. You could ranking member, and many of us are back in 2007, which we have continued be working on something with him or still trying to do everything we can to to renew because we still have families

VerDate Sep 11 2014 09:18 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.059 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6507 struggling from the recession in terms laid off when Congress waited to the the auto industry, somehow the sala- of their loan. very last minute in 2012; 30,000 people ried workers slipped through the If we can renew this bill, it will spare were laid off when the same thing hap- cracks in terms of losing portions of families from having to pay income tax pened in 2012 when the production tax their pensions, their health care cov- on the difference between their mort- credit renewed at the last minute. erage, and their insurance, and it is not gage and the value of their home. So if Even if this bill passes, extending the fair. in fact they get loan forgiveness or can production tax credit this week One woman who worked at Delphi for work something out with the bank— through the end of the year may be too over 30 years lost nearly half her pen- and if in fact $20,000 is forgiven on the late for 30,000 people, right before the sion and all of her health care cov- mortgage or $30,000 or $40,000—they holidays. Merry Christmas. Thirty erage, which she needed for her hus- don’t end up paying taxes on that as in- thousand people not being able to have band who suffers from chronic pain. come, which is what will happen if we their job extended, people who could A manager who worked at a Delphi don’t get something done. help us lead the world in clean energy facility in Michigan was so devoted to But we are looking at the fact that production, who could help us develop the people he supervised that he volun- these folks, going into 2015, at a time energy here to be less dependent on for- teered to retire rather than lay off when they are trying to decide what to eign oil, but because we don’t have the some workers. Then 4 months after his do on their homes—whether they can fortitude to extend this even after we retirement, he found out he was losing keep their mortgage—will be right had a bipartisan bill—the EXPIRE 40 percent of his pension and all of his back in the same situation of not Act—come out of the Finance Com- health care coverage. Most of what was knowing whether they are going to owe mittee last spring, they are looking at left out of his pension will go toward thousands of dollars’ worth of tax job losses. paying the cost of his health care, and going into next year. So 30,000 families are putting holiday it was devastating to him and his fam- We are seeing a lot of folks trying to gifts on their credit card not knowing ily. keep their homes who had to cut cor- whether they are going to be able to So we have in this extenders bill, this ners in every which way—parents make payments when the bills arrive. EXPIRE Act, the health coverage tax stopped paying toward their kids’ col- Businesses in the wind power indus- credit which was created for people lege fund or they put off buying new try make investment decisions on what such as these people. I am proud to be clothes or they canceled vacations or their taxes will be, similar to any other a coauthor with Senator BROWN, who plans to visit their relatives while they business, 5 years, 10 years, 15 years into has been a real leader on this for people are trying to figure out how to keep a the future. who have lost their benefits that were roof over their head. Obviously there There have been, by the way, tax supposedly guaranteed to them. It does are many things that need to be done breaks for Big Oil for almost 100 years; not restore their pension, but this cred- to support families, but one piece of the first one in 1916 embedded in the it pays 72.5 percent of their health care tax policy that has given them some Tax Code, never having to be renewed premiums, making it possible for retir- ability to plan has been this mortgage so long-term business decisions can be ees to afford coverage similar to what tax forgiveness bill. made. But for their competitors to cre- they could have earned when they were What we are saying is: OK. For 2 ate jobs and bring prices down through working. It frankly helps people who weeks you can know that you can refi- things such as wind or solar or biofuel, can’t get help in other ways, who fell nance with the bank—not next year. it is a slog every year, every 2 years to through the cracks. We kept you hanging for all of 2014, but The credit expired at the end of 2013, for 2 weeks or 3 weeks we will give you try to keep these industries going. Is that fair? It is absolutely not fair. and the bipartisan bill we passed in the some certainty. spring, in April, renewed that credit. I So next year more families are going We ought to have the same kind of tax to be stuck with the same wrenching policy. If we are embedding the Tax was very pleased we were able to put decisions they have this year if we Code provisions to support oil produc- this in the bill and thought we were on can’t at least get a 2-year bill. tion, we should be doing the same for our way again to help people through- When we look at other areas where wind, the same for solar, the same for out this year who have been waiting folks will be left hanging, we have a biofuels. and waiting. very important area of the economy What Republicans are doing when Again, when we passed this in April creating jobs every day in wind energy. they force us into a situation where it it was filibustered on the floor by the There is a huge supply chain—as the is only a 3-week extension is they are Republicans. Now we are at 3 weeks Presiding Officer knows, as someone basically telling Americans businesses: left before the end of the year and what who cares deeply about manufac- Don’t invest. Don’t hire people. We we get from the House is a bill that is turing—from the making of turbines to don’t want competition to bring prices retroactive for 2014, but it does not the installation in the field, to the op- down on gasoline or prices in elec- even include the health coverage tax erations, to the maintenance, all of tricity. We don’t want you to do that. credit. So even though this is retro- these are connected to American jobs, We are unwilling to commit to some- active for 2014, the people involved— good-paying jobs. In fact, one of the big thing that will create jobs beyond the salaried workers who lost pensions turbines has 8,000 parts in it. Somebody somebody we have been fighting to pro- who have been getting some help for is making those parts. I would suggest tect for almost 100 years. their health care at least—will not to everyone that we can make every So this is a great concern to me. In even get that for this year. There are one of those in Michigan. I am sure we the process, Americans deserve better. 20,000 Delphi retirees not only in Michi- can make them in other places as well, Our businesses and our innovators de- gan and Ohio, but Pennsylvania, Indi- although we would love to make them serve better. We go out and say we ana, Wisconsin and Illinois, all who are in Michigan. But what the industry want new innovation to create new watching right now this process in the doesn’t know is whether the production kinds of jobs. That is happening. Then Senate and the House to see what will tax credit which they depend on will be the doors are shut over and over again happen, and are reaching out to their renewed for more than 3 weeks at the or it takes forever to pry open the House Members and Senate Members— end of the year. door: You have 3 weeks, the door is Michigan, Ohio, Pennsylvania, Indiana, In fact, what the House did say is: open, and then it shuts. Wisconsin, and Illinois. You have 3 weeks to make business de- Let me talk about another area I am To renew all the other tax provisions cisions about hiring new people, grow- deeply concerned about where people but cancel the HCTC is a cruel trick to ing your business, building more parts will be hurt if we do not pass the 2-year play on families and certainly is under- for the winter. You have 3 weeks. Go EXPIRE Act that we put together in scored in terms of the holiday season get them—in 3 weeks. So they can’t the Finance Committee in a bipartisan we are getting into now. It is time for make business decisions, and they are way; that is, salaried workers such as our colleagues across the aisle to stop going to have to cut. those at Delphi auto parts manufac- forcing Americans to play a guessing In the meantime, that means layoffs, turer—which used to be a part of Gen- game about their future taxes or their similar to the 30,000 workers who were eral Motors. During the 2008 rescue of health care.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.061 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6508 CONGRESSIONAL RECORD — SENATE December 10, 2014 I regret that the clock has been tick- agenda that begins the process of cre- Today we have the absurd situation, ing and running out and left us with no ating the millions of jobs we des- the obscene situation, where one fam- time at this point to get the fairness in perately need, an agenda which raises ily, the Walton family, the owners of the Tax Code that we need. There is wages so that most of the new jobs Walmart, are worth about $148 billion. still time if we wanted to to pass this being created are not low wage or part That is more wealth in that one family EXPIRE Act and send it back to the time, an agenda which protects our en- than the bottom 40 percent of the House, and I am all for it, and I know vironment, and an agenda which en- American people. our chairman, Senator WYDEN, has ables us to join the rest of the industri- Today in the United States we have been working night and day with col- alized world and guarantee health care the highest rate of childhood poverty leagues across the aisle to try to make to all people as a right. That is the of any major country on Earth. About that happen. If it is too late for this issue of our time. Do we continue the one-quarter of our kids get nutrition year, if the clock runs out, shamefully, status quo, continue the disappearance through food stamps, and we are the and we return next year with our Re- of the middle class, continue the grow- only industrialized country—major publican colleagues in the majority, I ing gap between the very rich and ev- country—that does not guarantee would suggest a New Year’s resolution erybody else, or do we have the courage health care to all people as a right. to stop doing retroactive extensions— to come up with an agenda that stands We once led the world in terms of the stop doing retroactive extensions when for working families and raises wages percentage of our people who graduated it involves investments that people and provides for our kids and our sen- college, but today in a highly competi- have to make that they are not going iors? tive global economy we are now in 12th to be able to do retroactively or deci- As part of that decision in my view is place. sions about health care or decisions the reality that we cannot go forward In terms of infrastructure, the about a home. Start getting serious unless we deal with another very im- United States used to have the finest, about making long-term economic de- portant question, and that is, do we as most envied infrastructure in the cisions. a nation have the courage to take on world. Today, as I think every citizen I know the Presiding Officer agrees the enormous economic and political of this country knows, our infrastruc- with me on this and has spoken with power of the billionaire class? I know ture, our roads, our bridges, rail, water me frequently on this. many of my colleagues don’t like to systems, airports, dams are virtually Whether it is tax policy, health care talk about it. We talk about this and collapsing. The American Society of policy, infrastructure policy, we need we talk about that, but most Ameri- Civil Engineers tells us that we need to to make long-term decisions and sup- cans in their gut understand that our spend $3 trillion just to bring our infra- port policies so that businesses can economic and political life are con- structure up to par. But with infra- make long-term decisions. trolled by a small number of very structure spending now at its lowest Finally, we need to deliver certainty wealthy people and institutions, in- level since 1947, we rank 16th in the for families, for small businesses, for cluding but not limited to Wall Street, world in terms of infrastructure ac- manufacturers, for those in alternative the oil companies, the insurance com- cording to the World Economic Forum. energy, for all who are working hard to panies, the drug companies, the mili- So once we led the world in terms of invest in America across this country. tary-industrial complex, et cetera, and the numbers of percentages of people Stop doing retroactive extensions, all of their lobbyists who flood Capitol graduating college; today we are 12th. start working seriously on long-term Hill—trying to get this or that provi- Once we led the world in terms of the tax policy and deliver certainty for sion in tax bills and everyplace else— strength of our infrastructure; today families and businesses across the and, of course, their power in terms of we are the 16th. But we do have the du- country. I think there is still time, if campaign contributions, and especially bious distinction of being first in terms we wanted, to at least give the cer- since this disastrous Supreme Court of childhood poverty of any major tainty of next year. Shame on the Con- Citizens United decision. It means the country. gress if that does not happen. But I billionaire class can put unlimited Real unemployment today is not hope that we will at least commit our- sums of money into electing candidates what the official unemployment states selves that this is the last time this is who represent their interests. of 5.8 percent; it is over 11 percent done this way. Those are the most important ques- Thank you, Mr. President. I suggest when you include those people who tions of our time. Do we have the cour- the absence of a quorum. have given up looking for work or are The PRESIDING OFFICER. The age to take on the handful of billion- working part time. Youth unemploy- clerk will call the roll. aire special interests who wield so ment is over 18 percent. The assistant legislative clerk pro- much economic and political power? We hear a lot about Ferguson, MO, ceeded to call the roll. Do we have the will to push forward an and that is a very important issue, but Mr. SANDERS. Mr. President, I ask economic agenda that works for work- we don’t hear enough about the reality unanimous consent that the order for ing families and not just for the very that African-American youth unem- the quorum call be rescinded. wealthy? ployment is over 30 percent. The PRESIDING OFFICER. Without The long-term deterioration of the Today in this country millions of objection, it is so ordered. middle class, accelerated by the Wall Americans are working longer hours DECLINE OF THE MIDDLE CLASS Street crash of 2008, has not been a for lower wages. In inflation-adjusted- Mr. SANDERS. Mr. President, the pretty sight. Today we have more for dollars, the median male worker— American people must make some very wealth and income inequality than any listen to this; this is really quite unbe- fundamental decisions in the coming major country on Earth and the gap lievable and it tells us a little bit as to years, and the most important of them between the very rich and everybody why the American people are angry. is whether we continue the status quo else is growing wider. The top 1 percent The median male worker—that worker of American society, and that is in now owns about 41 percent of the finan- right in the middle of the economy— terms of our economics and our politics cial wealth of our country, while the last year earned $783 less than he made which includes a 40-year decline of our bottom 60 percent owns all of 1.7 per- 41 years ago—$783 less than he made 41 middle class. Let me repeat that. cent. The top 1 percent owns 41 percent years ago in inflation-accounted-for We are not just talking about what is of the financial wealth, the bottom 60 dollars. In the explosion of technology, happening today. We are not talking percent owns 1.7 percent. In fact, amaz- the great global economy, all of the about the Wall Street crash of 2008. We ingly enough, the top one-tenth of 1 great free trade agreements, and that are talking about a 40-year decline of percent now owns almost as much male worker today is earning over $700 the American middle class and an on- wealth as the bottom 90 percent of the less than he made in real dollars 41 going and growing gap between the American people. Does anyone believe years ago. The median female worker very wealthy and everybody else. That that is what America is supposed to be made $1337 less last year than she is the reality of America now. about, where the top one-tenth of 1 per- earned in 2007. We can continue the same old, same cent owns as much wealth as the bot- Since 1999, the median middle-class old, or we can develop a bold economic tom 90 percent? family has seen its income go down by

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.063 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6509 almost $5,000 after adjusting for infla- ergy system and reversing climate universities in America, such as the tion, now earning less this year than a change, but we also create a significant University of California, New York family earned 25 years ago. Are we bet- number of meaningful and important City, and State colleges around coun- ter off today than we were 6 years ago jobs. try. Today it is unaffordable. when Bush left office and we were hem- No. 3, in my view, instead of giving We need to radically rethink higher orrhaging 700,000 jobs a month and the tax breaks to large corporations which education in this country. Our goal is financial system was on the verge of shut down in America and go to China, that everyone, regardless of income, collapse with a $1.3 trillion deficit? Of we want to invest in new economic should be able to get a quality college course we are. But if you look at the models to increase job creation and education and not come out in debt. trends over the last 40 years, the re- productivity, and that is giving work- No. 9, I think everybody understands ality is, the middle class in this coun- ers the opportunity to own their own the enormous stranglehold that Wall try is disappearing and almost all new businesses. We have some of that in Street has on our economy. Banking is income and wealth is going to the peo- Vermont, and I know in Ohio there are supposed to be the facilitator to get ple on top. worker-owned businesses where work- money out in the productive economy The American people must demand ers are more productive and feel better where companies are producing prod- that Congress and the White House about their jobs. I would rather invest ucts and services and not see Wall start protecting the interests of work- in that than in corporations that will Street or financial institutions as an ing families, not just wealthy cam- shut down in this country and move end in itself, but that is exactly what paign contributors. We need Federal abroad. we have right now. We have six finan- legislation to put the unemployed back No. 4, I think most people understand cial institutions in this country that to work, raise wages, and make certain that when you have a union to nego- have assets equivalent to over 60 per- that all Americans have health care tiate and engage in collective bar- cent of the GDP of the United States of and education in order to live healthy gaining, wages are higher and working America. That is too big, and it gives and productive lives. conditions are better. Today corporate them too much economic and political We can spend hours dissecting and opposition to union organizing makes power. In my view, they must be bro- analyzing the problems of American so- it extremely difficult for workers to ken up and we must bring about a more ciety, and in my view, they are worse join a union. We need legislation which competitive financial system where today than at any time since the Great makes it clear that when a majority of money is getting out to the real econ- Depression, and if you throw in the workers signs cards in support of a omy so businesses can create real jobs. planetary crisis of climate change, we union, they can have that union. No. 10, and many people don’t know may have more problems today facing No. 5, the Federal minimum wage this, but the United States is the only our Nation than at any time in a very today is a starvation wage of $7.25 an major country on Earth that doesn’t long period. hour. We need to raise the minimum guarantee health care to all people as a But what I wish to do today is very wage to a living wage. People who right. Yet we end up spending almost briefly throw out and discuss 12 initia- work 40 hours a week should not live in twice as much per capita on health tives that I believe, if enacted by the poverty. care as any other Nation. In my strong Congress, could begin to address the No. 6, women workers today earn opinion, if we want health care for all collapse of the middle class and rebuild about 78 cents on the dollar to what and we want to do it in a cost-effective our economy. I will just touch on them their male counterparts earn doing the way, we need to move toward a Medi- briefly. same work. That is not acceptable. We care for all, single-payer system. No. 1, as I mentioned earlier, our in- need equal pay for equal work. We need No. 11, today in this great Nation, frastructure is collapsing—our roads, pay equity in our country, and we have millions of seniors are living in pov- bridges, water systems, wastewater to pass that legislation. erty, and that number is growing, and plants, airports, railroads, and older No. 7, an issue that we don’t talk we have the highest rate of childhood schools. We spent $3 trillion—or when about enough, and, in fact, has had bi- poverty of any major country. We must we take care of the last veteran, we partisan support for many decades, is strengthen the social safety net, not have spent $3 trillion fighting a war in our disastrous trade policy, NAFTA, weaken it. Instead of talking about Iraq that we never should have fought CAFTA, and permanent normal trade cutting Social Security or cutting in the first place. relations with China. The simple fact is Medicare or cutting Medicaid or cut- If over a period of years we were to these trade policies have been a dis- ting nutrition programs, we should be invest $1 trillion in rebuilding our in- aster for the American worker. Since expanding those programs. This is a frastructure, we could create 13 million 2001, we have lost more than 60,000 fac- great country, and we should not have decent-paying jobs, and that is exactly tories in this country and more than millions of people wondering how they what we have to do. Think of what 4.9 million decent-paying manufac- are going to be able to buy medicine America would look like if you went turing jobs. Not all of that is attrib- for their illness or heat their homes in around the country and saw work being utable to bad trade policies, but a lot the wintertime. We have to expand the done on roads, bridges, and cutting- of it is. We need to rethink our trade social safety net for our kids, our sen- edge technology for our water plants policies and demand that corporate iors, and our vulnerable populations. and wastewater plants. We would be- America invest in the United States of Last, but certainly not least, at a come more productive and efficient. We America and not in China. time of massive wealth and income in- would put people back to work. I know that is a radical idea. Imagine equality, we need a progressive tax sys- No. 2, in my view—and I know many going shopping in a department store tem in this country which is based on of my Republican colleagues don’t where we can actually purchase prod- ability to pay. It is not acceptable that agree, but the scientific community is ucts made in America and not in major profitable corporations have united when they say climate change is China, but I think we should be doing paid nothing in recent years in Federal real, it is caused by human activity, that. income taxes and that corporate CEOs and if we do not reverse and substan- No. 8, we are not going to be a suc- in this country often enjoy an effective tially cut back carbon emissions, this cessful economy unless our young peo- tax rate which is lower than their sec- planet will become increasingly un- ple have the ability to get the college retaries’. inhabitable for our kids and our grand- education they need regardless of the We are losing about $100 billion a children. In my view, we must trans- income of their families. Right now it year from companies that stash their form our energy system away from fos- is increasingly difficult for working profits in the Cayman Islands, Ber- sil fuels and into energy efficiency and families to afford college. Many of our muda, and other tax havens. We need sustainable energy, such as wind, solar, young people are coming out of college real tax reform. We need to end all of geothermal, et cetera. deeply in debt. In this area we are mov- these corporate tax loopholes so we When we address energy efficiency ing in exactly the wrong direction. have the revenue we need to do the im- and sustainable energy, not only do we Forty, fifty years ago, tuition was vir- portant tasks in front of us to rebuild lead the world in transforming our en- tually free at some of the great public this country.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.064 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6510 CONGRESSIONAL RECORD — SENATE December 10, 2014 With that, I think the American peo- The day that President Obama signed words, it is heads I win, tails you lose. ple have some fundamental choices to the Dodd-Frank bill to protect Ameri- If I make big bets on derivatives and I make. Do we continue the status quo cans from Wall Street greed, the chief am a Wall Street banker, I make tens from an economic perspective and po- lobbyists for the chief financial trade of millions of dollars. However, if I litical perspective or do we demand association in this town said: Now it is make big bets and something bad hap- that Congress start listening to the half-time. What does ‘‘now it is half- pens, taxpayers get to pay for it. That pain of the middle class and working time’’ mean? Well, the bill passed, and is the problem with stripping out sec- families of this country and start pro- Wall Street financiers and lobbyists tion 716. ducing legislation which rebuilds our said, we don’t like that, but now we I am not the only one who thinks crumbling middle class? can go to the regulatory agencies and this. Tom Hoenig, Leader MCCONNELL’s With that, I yield the floor. weaken the rules, delay their imple- selection to the FDIC board, supports Mr. BROWN. Mr. President, I appre- mentation, sometimes stop some of the keeping 716 in the law. Sheila Bair— ciate the comments of the Senator rulemaking, and we can go back to once Senator Bob Dole’s chief of staff, from Vermont. Congress and continue to lobby and President Bush’s appointment, and I ask unanimous consent that at the weaken these rules. then President Obama kept her on as a conclusion of my remarks, of up to 10 To give you an example of what has major Federal regulator—she is op- minutes, that Senator MANCHIN be rec- happened, in 1995, the 6 largest banks posed to repeal, as has the White House ognized for his remarks. in the United States had assets equal opposed the repeal. The PRESIDING OFFICER. Is there to 18 percent of the GDP. I don’t want Mark Stefanski, a friend of mine objection? to bore people with numbers, but in from Third Federal in my neighbor- Without objection, it is so ordered. 1995, the 6 largest banks had assets hood in Cleveland, in Slovak Village, FINANCIAL INSTITUTIONS equal to 18 percent of GDP. Today they which is about an $11 billion bank on Mr. BROWN. Mr. President, every make up 64 percent of GDP. The largest the southeast side of Cleveland. That is year about this time—actually every six Wall Street banks—everybody a bank which makes mortgages. It does few months, or maybe every month— knows their names—are getting larger not trade in exotic derivatives. He told there are attempts by Wall Street to and larger, increasing their economic me: You know, banking should be bor- again change the rules, cut back con- power, and as we see almost every day ing. It is not about taking excessive sumer protection laws, and change the in this Congress and especially in the risks, especially when those excessive regulations that protect the American House of Representatives dominated by risks are underwritten by taxpayers. public against Wall Street greed. tea party Republicans and people at That is what abolishing 716—that is It happens almost weekly, it seems, the beck and call of Wall Street, we see what the repeal of the 716 language in the Financial Services Committee in their political power growing. does. It puts taxpayers on the hook in the House of Representatives. There Under the accounting rules applied the form of a future bailout. It is a sub- are attempts in the Agriculture Com- by the rest of the world, the deriva- sidy today for the six largest banks. It mittee, beaten back by Senator STABE- tives holdings of the 6 largest banks— puts taxpayers on the hook in the fu- NOW, to her credit, and attempts in the basically insurance policy on top of in- ture, gives all kinds of additional in- banking committee, beaten back by surance policy on top of insurance pol- centives for Wall Street bankers to en- Chairman JOHNSON, to his credit. icy as financial instruments—are 39 gage in more risky derivatives trading, Almost every week, it seems, there percent larger than we think they are, and puts us all again under the possi- are efforts by Wall Street to undermine which is a difference of about $4 tril- bility of a bank bailout. the protections that we were able to lion. It simply does not make sense. We build in under the Dodd-Frank bill to Derivatives were described by Warren have the opportunity to reject this stop Wall Street from doing to the Buffett as timebombs—financial weap- part of this legislation. We owe it to economy what it did in 2005, 2006, 2007, ons of mass destruction carrying dan- the families in my State, to families in and 2008. September of 2008 had been gers that are potentially lethal. Sen- Virginia, to families in Delaware, to preceded by a decade of deregulation of ator LEVIN, who is about to retire from families in Georgia, and all over this the financial industry, decades of lob- the Senate after 36 years, calls these country. That is why we cannot sup- bying by very effective lobbyists for derivatives nuclear weapons. port a measure that values corporate the six biggest Wall Street banks. According to the New York Times, greed over working America. Risky behavior was rewarded with gar- bank lobbyists wrote provisions deal- The PRESIDING OFFICER. The Sen- gantuan profits for the firms and mul- ing with derivatives that will repeal— ator from West Virginia. timillion-dollar bonuses for the execu- not to get too technical—the Lincoln Mr. MANCHIN. Mr. President, first I tives. language. And here is what the lan- thank my colleague for giving me this The CEO of one of the largest guage in section 716 says: Notwith- time, and I acknowledge the hard work megabanks in the history of the standing any other provision of law, no he has done. world—not just in our country—said: Federal assistance may be provided to WEISS NOMINATION As long as the music is playing, you any swaps entity with respect to any I represent the great State of West have got to get up and dance. There is swaps, security-based swap, or other Virginia. It is a rural State where we a lot of money to be made on Wall activity of the swaps entity. believe in commonsense solutions and Street, and they have to take advan- This is the language that is now Fed- values. In the Mountain State, we un- tage of every loophole, particularly eral law. This language says no more derstand the importance of leveling the those loopholes that their lobbyists bailouts. playing field for community institu- create. However, the legislation likely to be tions and helping small businesses cre- This unmitigated greed led to 8 mil- in front of us, the omnibus we will be ate and keep jobs. As a Senator from lion people losing their jobs, 7 million facing, because of Wall Street lobby- West Virginia, I was sent here to rep- losing their homes after being fore- ists, because of Republican financial resent the people of Main Street. For closed on because the financial system services members caving to special in- those reasons, I rise today to explain lacked the necessary safeguards to pro- terests, this provision that says ‘‘no why I must oppose the nomination of tect Wall Street. Dodd-Frank was sup- more bailouts’’ is done with. We will Wall Street investment banker Anto- posed to end all of that. It has made see language now stripped out of Fed- nio Weiss to be Under Secretary for Do- progress by preventing taxpayer bail- eral law that says ‘‘no more bailouts.’’ mestic Finance at the Department of outs for banks. Risky derivatives trad- The public needs to understand that the Treasury. ing was one of the central goals of if this language passes to strip this lan- I cannot and will not support his Dodd-Frank. An amendment by Sen- guage out, if this bill passes, that again nomination because I do not believe he ator Lincoln, then the Chair of the Ag- bailouts can be imminent—bailouts possesses the characteristics and the riculture Committee, brought forward brought on by Wall Street greed, bail- background we need in an Under Sec- an amendment in 2009. Dodd-Frank outs brought on by risky trading, now retary to push for strong Wall Street went through the process. protected by taxpayers. So, in other oversight and to protect our small

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.066 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6511 businesses and financial institutions on policies have too often been made with- 20 years in the House and Senate, Main Streets all across America. out the input of our Nation’s midsized mostly young people from varied back- The position to which Mr. Weiss has banks, community banks, and credit grounds who are the brightest minds been nominated is one that would put unions. We must strive to have a bal- my State and my country have to him at the head of the Treasury’s deci- anced view of engaging voices on all offer. They are committed patriots and sionmaking on issues of domestic fi- sides of these important issues. By con- loyal to the core. To those current and nance, fiscal policy, government liabil- firming Mr. Weiss as the Under Sec- former members of my staff, thank you ity, and other related domestic mat- retary, we are putting Wall Street be- for your service to me and to the State ters. He would oversee critical issues fore Main Street. We have already seen of Georgia. such as Wall Street reform, financing from the 2008 crisis how that harmed I have been served by four chiefs of the national debt, housing finance re- the Nation as a whole. We do not need staff: Rob Leebern, Krister Holladay, form, and small business credit. I have to repeat that picture again. Charlie Harman, and Camila Knowles. serious doubts that Mr. Weiss has the I yield the floor. Every office plan that each one of them right experience to take on such a role. The PRESIDING OFFICER (Mr. put together starts with providing bet- It is clear that as the global head of BROWN). The Senator from Virginia is ter constituent service than any other investment banking at Lazard, Mr. recognized. Member of the House or the Senate. I Weiss is very talented and experienced TRIBUTE TO SAXBY CHAMBLISS am extremely proud that our record in working in financial markets and Mr. WARNER. Mr. President, I want- shows we achieve the goal of doing just economic institutions, but as an in- ed to rise very briefly because I know that. I have even had government agen- vestment banker on Wall Street, he Senator CHAMBLISS is about to give his cy personnel call my office asking for does not have the experience for this farewell speech. I commend my dear guidance on cases from other offices. particular oversight position. He has good friend the Senator from Georgia I have often said that my greatest dealt almost entirely with European for his service. I am going to stay satisfaction from this job comes not investment banking, not domestic fi- through his speech, but I know there from negotiating major pieces of legis- nance or community banking or regu- will be others who will probably rise lation but from being able to help latory issues of any kind, all of which afterwards to give accolades, and I Georgians with difficulties they are ex- fall under the jurisdiction of this im- wanted to be first in line to salute him periencing and having a positive im- portant position. for his service, his friendship to so pact on their lives. Besides not having the right back- many of us in this body, and my per- I am particularly blessed to have ground for the job, the fact that Mr. sonal good wishes for his future. I three members of my staff who have Weiss is a top corporate dealmaker know there will be others later; I been with me for all 20 years. My dep- with a specialization in international thought for a change I would get a uty chief Teresa Ervin, Debbie Cannon, financing is in itself troubling to me. word in first. and Bill Stembridge have walked every He has spent a good deal of his profes- I yield the floor. mile with me and have been so valu- The PRESIDING OFFICER. The Sen- sional career working on mergers and able. Thanks, guys. ator from Georgia. acquisitions for the world’s largest cor- My greatest support comes from my FAREWELL TO THE SENATE porations. He has spent time in Paris family. My wife Julianne, my daughter Mr. CHAMBLISS. Mr. President, as running the firm’s European division. Lia and her husband Joe, my son Bo my service in the Senate comes to an There is not a thing wrong with that, and his wife Bess, along with our end, I rise today to say thank you to but this fits the administration’s pat- grandchildren—John, Parker, Jay, some of the wonderful people who have tern of choosing Wall Street insiders Kimbrough, Anderson, and Ellie—have been part of a great ride for over 20 for senior policy positions instead of all been somehow involved on the cam- years. those with strong consumer protection We as Americans are fortunate to paign trial. Come the 28th day of this month, or community bank and credit union live in the greatest country in the experience, plain-spoken people who world; a country where the American Julianne and I will have been married have worked on Main Street. dream is still alive and well; a country for 48 years, having met at the Univer- To make matters worse, the substan- where, in spite of all of our problems, sity of Georgia a couple of years before tial compensation Lazard plans to offer we are the envy of the free world; a that. For tolerating a husband who had Mr. Weiss upon his confirmation is an- country where a preacher’s kid from a 24/7 job for 20 years, for being a single other reason to be very skeptical. The rural southern Georgia can rise to be mom part of that time, and for under- financial giant is planning to pay him elected to the House of Representatives standing why I could not get home $20 million if he can win confirmation and then to the Senate. until Christmas Eve some years, I say and come into government service. We as Members of the Senate are for- thank you, sweetheart. This kind of arrangement and human tunate to have the opportunity to I am privileged today to represent al- nature suggests he will be especially serve. We are blessed to be able to work most 10 million Georgians who are the sympathetic to Lazard’s lobbying ef- in such a historic venue as we are in most wonderful people God ever put on forts. Public service is a noble cause. A this afternoon. As we come into our of- this earth. I lost my first primary elec- $20 million golden parachute makes it fices and into this building every day, tion and went on to win each of my very hard to gain the public’s trust. there are some things we take for next seven races. I won every one of With that being said, I do not believe granted. So to the entire Capitol Hill those seven races because I shared the Mr. Weiss can fulfill the duties of workforce, from those who clean our values of my constituents, I outworked Under Secretary of the Treasury De- offices, to those who change the each of my opponents, and I had better partment. lightbulbs, provide our food, maintain ideas and the best advisers and staff. Since joining the Senate banking our subways, keep us safe and secure, Thanks, Tom and Paige. committee, I have tried to make our and to all of those in between, I say Thanks to Senators Nunn and Miller banking and financial system work thank you. You are very professional for their regular advice and counsel. better for small businesses, banks, and in what you do, and you always do it Thanks to my three leaders, Senator middle-class West Virginians and with a smile. Lott, Senator Frist, and Senator Americans. I will continue to do so. To the floor staff and the cloakroom MCCONNELL, each of whom provided me That is why I cannot support this nom- staff for both the majority and the mi- with strong leadership and always lis- ination. Mr. Weiss does not have the nority, thanks for putting in the long tened to me even when I had ideas that experience for this particular job. hours, listening to often boring speech- might have been different from their It is important to send a message es, reminding us when we have not ideas. that we will no longer allow Wall voted, scheduling floor time, reminding I am often asked what I will miss Street to exclusively make our fiscal us of the rules, and making sure our most about the Senate. The answer is policy decisions, especially when they mistakes are at a minimum. very easy. I will miss my friends and affect so many around this country on I am fortunate to have been sur- the relationships we have developed Main Street. Economic and banking rounded by great staff during all of my over the years. Senator ISAKSON and I

VerDate Sep 11 2014 09:18 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.067 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6512 CONGRESSIONAL RECORD — SENATE December 10, 2014 entered the University of Georgia 52 stimulate more revenue. Hard and together at the same time to move our years ago in September and became tough votes will have to be taken, but intelligence authorization bill. There friends immediately. We have been the that is why we get elected to the Sen- was one last glitch which you worked dearest of friends ever since. He is ate. The world is waiting for America out, and that bill passed unanimously without question the most trusted to lead on this issue. If we do, the U.S. last night. friend and adviser I have. I will miss economy will respond in a very robust Together we have worked to put to- our daily conversations. way. The Gang of 6 laid the foundation gether an information-sharing bill for My three best buddies from my House for this problem to be solved, and it is what is probably our No. 1 defensive days, Speaker JOHN BOEHNER, Con- my hope that we do not leave the solu- issue, which is cyber and the attacks gressman TOM LATHAM, and Senator tion for the next generation. that have taken 97 percent of our busi- RICHARD BURR, along with Senator TOM I close with what I have enjoyed nesses into difficulties. COBURN, have been the legislative col- most about Congress, and that is the You have compromised, and I have laborators, dinner partners, golfing opportunity that I have had to spend compromised. Unfortunately, on our buddies, confidants, and numerous with the men and women in uniform side, we have some unsolved issues. So, other things that should not be men- and those in the intelligence world, all hopefully, I will be able to pick up with tioned on the floor of the Senate. of whom are willing to put their lives Senator BURR where we left off, and we Senator LINDSEY GRAHAM is like a in harm’s way for the sake of our free- will be able to get that job done next member of my family. We have trav- dom. year. eled the world together many times, Whether it was Robins Air Force What I want you to know—and I said hearing a lot. I have no plans to write Base, Kabul, Ramadi, Jalalabad, this to you in another way—that it was a book, but if I did, LINDSEY GRAHAM’s Khowst or Dubai, I always get emo- such a wonderful experience for me to anecdotes would fill a chapter. tional telling the men and women how work with you. This is the hard part. Senator FEINSTEIN has been a great proud I am of them and how blessed we We are only here for an instant in eter- chairman and partner on the Intel- as Americans are to have them pro- nity, and the only thing that matters ligence Committee. I will miss her tecting us. They are special people who is what we do with that instant. leadership, her wisdom, her friendship, sacrificed much for the sake of all 300 What I want you to know is you have and those late-afternoon glasses of million Americans. really done yeoman’s work in that in- California wine. Let us also remember and be thank- stant, and I am very grateful to have My most productive time in the Sen- ful for the families of those military the pleasure of working with you. I ate has been spent with my dear friend and civilian personnel who likewise have learned from you, and I wish you Senator . Our work with make a commitment to America. As we all good things. the Gang of 6, which included Senators head into another Christmas season, Thank you very much, Senator DURBIN, CONRAD, COBURN, CRAPO, and many of those families will not have at CHAMBLISS. then later Senators JOHANNS and BEN- home their spouse, their parent, their The PRESIDING OFFICER. The Sen- NET, represents the very best of every- son or their daughter. ator from Georgia is recognized. thing about the Senate. We spent, lit- May God bless them. May God bless Mr. ISAKSON. I rise to pay tribute to erally, hundreds of hours together de- this great institution, and may God my friend, SAXBY CHAMBLISS. bating ideas and trying to solve major continue to bless our great country. I will admit to you this is a speech I problems, and we came very close. Sen- I yield the floor. never wanted to make. I never wanted ator WARNER’s insight, his wanting to (Applause, Senators rising.) to make it because we have had a won- solve problems, and his political inspi- The PRESIDING OFFICER. The sen- derful relationship in this body for the ration are lessons that I will carry ior Senator from California is recog- past 10 years. We have done everything with me forever. nized. together. As the Senate now goes forward TRIBUTES TO SAXBY CHAMBLISS He has had my back, and I have had under new leadership, I have two com- Mrs. FEINSTEIN. Senator CHAM- his back. He is a great friend, and I will ments. First, the Senate should return BLISS, my remarks are personal. We miss him. But I am not a selfish guy. to regular order. Senator MCCONNELL worked together for the past 8 years on He married one of the finest women I has indicated that will be the case, and the Senate Select Committee on Intel- have ever known, Julianne Chambliss, it should be. ligence. For 4 years we have worked as who is one of the best friends my wife The rule change by the current ma- chair and cochair. We have exchanged has. jority changed the institution of the views, we have negotiated bills, and we Although he is leaving us and I will Senate in a negative way. I hope the have shared information. We have been miss the crutch I have used for so long, rule is changed back to require 60 votes there through very tough times and Julianne is getting her SAXBY back. on all issues, including judges and some very pleasant times. It is very For Julianne, her family, and those nominees. Some of those most vocal fa- hard for me to see you go. grandkids he loves so much, that is ex- voring the rules change lost their elec- I have learned to trust you. I respect actly what SAXBY wants to do. tions, and while the rules change did you. We have worked together. The Georgia has had some great Senators: not cost them their election, it is very committee put together a Benghazi re- Richard Russell, who was really the clear that the American people wanted port. We worked very hard. We found master of the Senate; Zell Miller, a a change in the leadership that areas of agreement. former Governor of Georgia, a great changed the rule. Regular order will Senator COLLINS of the committee is friend of mine and a great mentor of help in restoring trust and confidence here, and Senator WARNER is here. Am our State; and , one of the to the world’s most deliberative body. I missing anyone else from the com- finest in national defense and foreign Second, it is imperative that the mittee? There is Senator BURR, who policy our State ever offered. SAXBY issue of the debt of this country be ad- will be the new chairman, and Senator will be the fourth on the Mount Rush- dressed. Just last week our total debt COATS, Senator COBURN. We were able more of Georgia Senators who have surpassed $18 trillion. We cannot leave to come together and put together a re- served Georgia with distinction and the astronomical debt our policies have port unanimously, and it was really be- with class. generated for our children and grand- cause of your leadership. I want to tell SAXBY this in person. children to fix. It is not rocket science; As I watched, what became very ap- For 10 years we have done joint con- it is what must be done. parent is that maybe your side isn’t as ferences. We have messed up twice. Cutting spending alone—for example, fractious as my side is. You were able When I messed up he covered my back sequestration—is not the solution. to say yes, we can do this or no, we and when he messed up I covered his. Raising taxes is not the solution. As can’t do that, and you reflected your In 2008 when he almost lost a race Simpson-Bowles, Domenici-Rivlin and Members. That made it very easy for and got into a runoff in December in the Gang of 6 all agreed, it will take a me, and I am very grateful. Georgia, I rode a bus for 21 straight combination of spending reduction, en- Yesterday we disagreed. You have days introducing him three times a day titlement reform, and tax reform to never taken a cheap shot. We worked and eating barbecue every single day

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.069 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6513 for dinner and for lunch. That is a price The PRESIDING OFFICER. The sen- If I were a producer and director of a to pay that only friendship will bring ior Senator from North Carolina is rec- movie I was going to have come out out. ognized. about the Senate, I would want SAXBY He is a dear friend, a trusted person. Mr. BURR. Mr. President, this mo- to be the leading man. First of all, he I love him very much and I love his ment is bittersweet for me. looks like a Senator, and he has that family very much. I spent more time with SAXBY than I southern calm presence that most of us I could talk all day, but I wanted to have with my own wife for the past 20 envy and he just seems to fit the pro- open and close by saying, SAXBY, I love years. We have done everything to- file. The next choice would have to be you. The State is going to love having gether. Those vacation spots he men- for the leading lady, and you couldn’t you back. This country is going to miss tioned—Kabul, Baghdad—I was right find a more gracious, beautiful, sup- you, but my grandchildren are safer, beside him. portive leading lady than Julianne my State is better, and our relation- We traveled to areas of the world Chambliss. Together, they just make a ship has never been stronger. that others wouldn’t venture to, and stunning couple. May God bless you and your family there was a reason he was there. He I have had the privilege of traveling in every endeavor you undertake, and was concerned about America’s future, with them and seeing them in different may God bless the United States of he was concerned about his children’s places and in different situations, and America. future, and he was in a position to have what a tremendous gift it is to be with (Applause, Senators rising.) an impact on it to make it better for the both of them. So the Senate and The PRESIDING OFFICER. The Sen- them in the future. That is why he many of us here will dearly miss SAXBY ator from West Virginia is recognized. served. It is obvious to all of our col- CHAMBLISS. He comes from a line of dis- Mr. MANCHIN. First, I would say I tinguished Senators representing the have only been in the Senate for 4 leagues that he is a lot older than I am, but he has worked just as hard as the State of Georgia, and as Senator BURR years. When I came, let’s just say it said, he fits right into that long list of was not what I expected. For that, you youngest Member of this institution. Even though we have seen each oth- people whose tenure here has been re- look for a little bit of respite, if you er’s children grow up, and now we have membered for decades and will con- will. seen them all married off, he deserves tinue to be remembered for decades. I looked at my colleagues and my His commitment to our men and the time to go home and spend some friends on the Republican side. I didn’t women in uniform, his service to the time with his grandchildren and, more come to the Senate looking at what agriculture community but particu- importantly, to get to know his wife side you were on. I looked at basically larly, in my experience, his leadership again. the person I was dealing with. of the Intelligence Committee has been I want to say, Senator FEINSTEIN, I There was a person who befriended leadership this country has needed in a like red wine just as much as SAXBY me almost from my first day, knowing time of dire circumstances. His work does. I probably can’t be bought as that the transition was a challenge. He with Chairman FEINSTEIN in dealing cheaply as he could, but I do look for- stepped up to the plate with a few of with the daily pressures and weight of ward to continuing to work with you my other friends over there—I see Sen- responsibility that falls on the leader- and, more importantly, to continue to ator COBURN behind him—and basically ship—and all of us who serve on the do the work on the Intelligence Com- took me under the wing and said: Lis- committee but particularly the leader- mittee that really does build on what ten, we can all work together and get ship of the Intelligence Committee— along. What we do here is bigger and SAXBY started in the year 2000 as we has probably been as great in the last for the greater good than what we do went on the House Intelligence Com- several years as any time in our his- for ourself. mittee together. tory. Very difficult decisions have had There is only one way to sum up SAXBY not only showed me, but basi- to be made. cally I was able to follow and watch SAXBY CHAMBLISS. He is a true south- I know I sometimes stagger out of what he did. This Chamber should be ern gentleman. He is absolutely a that committee thinking, this is more filled right now—it really should be statesman, but what everybody who than I can get my mind around. This is from all sides—but the bottom line is meets SAXBY understands is this. He is more than I can get my arms around in the Senator is loved by everybody. I a great American, he loves this coun- terms of how do we deal with some of never heard an ill word said about try, he loves this institution, and some these threats and some of these chal- SAXBY CHAMBLISS, the distinction he piece of him will remain here when he lenges that have popped up all over the carries as far as the Senate and as a leaves at the end of this year. He will world in various manifestations. Yet human being. have an impact on what happens even the solid leadership on the Republican I say to the Senator, your family and though his presence may not be here. side with SAXBY CHAMBLISS has united your priorities are correct. Your moral We wish him Godspeed in life after. us in a way that has forged a real bond compass is working and working well. I The PRESIDING OFFICER. The sen- and a desire to work in a nonpartisan can only tell you thank you. As some- ior Senator from Indiana. basis to live up to our responsibility to one from the other side of the aisle and Mr. COATS. Mr. President, I am a bit provide oversight for the intelligence as a fellow colleague and a fellow out of order here. I was waiting for community and to be a part of helping American, you are an inspiration to us some of my colleagues who have spent make those decisions that are so im- all. a bit more time here than I to speak, portant and so formative in terms of SAXBY, there will not be another but I wanted to take this opportunity how we deal with these particular SAXBY, but I am glad they gave you to to add my sincere thanks to SAXBY issues. me for this short period of time of 4 CHAMBLISS for the kind of person he is So I thank SAXBY for the person he years. Some of you—I look at JOHNNY, and the kind of leadership he has pro- has been, the person he is, and the per- and I envy JOHNNY. For 52 years he has vided and the kind of example he has son he will continue to be, for the ex- been your close friend. set during his time in Congress and in ample he has set, for his friendship, There is your partner in crime back the Senate. and for his extraordinary leadership. I there, Senator BURR. We hope he I was privileged to be able to come know the refrigerator will be stocked doesn’t tell it all when he gets up. back to the Senate and join the group with Coca Cola, there will be Georgia But with that being said, there are so of people who shared the same deep peanuts in his pocket, maybe a little many people who have a relationship concerns I had shared. The reason I did bit of bourbon in a drawer somewhere, that is unmatched and that is because come back was due to the threats to and he will have a tee time at Augusta of you. our country from abroad and the fiscal just about any time he wants. I wish I say, my dear friend, my hat is off to plunge into debt that is going to affect him the very best as he and Julianne you. Thank you, and God bless you for our country dramatically in the future go forward with their life. He has left what you have done for the United if we don’t deal with it. But having the his mark here and certainly he has left States of America, for Georgia, but privilege of being with the people who his mark on me. most importantly for all of us. Thank have set such an example has been a The PRESIDING OFFICER. The Sen- you. great privilege for me. ator from Oklahoma.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.083 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6514 CONGRESSIONAL RECORD — SENATE December 10, 2014 Mr. COBURN. Mr. President, a lot Watch out. You had better be prepared More recently, of course, we have has been said about SAXBY already, but to be Senators with the information he seen his leadership on other issues: I have an observation I have noticed had given us. standing up for our men and women in over the last 10 years since I have been What has impressed me so much, and uniform. My colleagues, to me, he has here, and it is about leadership. We see I know I speak for my colleagues when been the guardian at the gate, giving elected leadership on both sides, but I say this, is he could do the same us all comfort as ranking member of then we see real leadership. We see the thing with the most intricate issues the Intelligence Committee. We live in person people go to for advice. We see relative to farm policy or ag policy or a dangerous, volatile world, and know- the person people go to for counsel. We finance or the Federal budget. The ing SAXBY was there, clear-eyed, dis- see the person whom people go to for breadth of his knowledge is absolutely ciplined, discreet, and able to tell it wisdom and judgment. That is what I unbelievable. like it was and tell it like it is today, have noticed the last 10 years. I thank you, SAXBY, for the many I think has given not just us but our More than anybody in this body, times you probably disagreed with me families and all Americans consider- whether it is from the other side of the immensely but treated me thought- able comfort. So I appreciate his serv- aisle or this side of the aisle, the per- fully and respectfully and listened to ice there. son whose counsel is most sought is my opinion. I saw you do that with Finally, I admire his willingness to that of SAXBY CHAMBLISS. That is real other Members in this body. I thank step up on this issue of our national leadership that is earned, and it needs you for your service. As one of the re- debt. This is again not an easy issue, to be recognized and honored for what tiring Members, I will look forward to and he joined with some colleagues to it is. Because what it says is his leader- the opportunity to spend more time promote some proposals. Again, my ship comes without judgment on the with you. I hope our paths cross many colleagues who are leaving know this, person asking the question, without times in the future because I know I TOM COBURN, in particular; MIKE condemnation of a position that may will be the better for it. JOHANNS, whom I will always have a be different than his. It is giving of God bless you, my friend, and best great deal of respect for the way he has wishes. himself for the benefit of the rest of us. handled that issue as well. The PRESIDING OFFICER. The Sen- Hear, hear, my friend from Georgia. Despite everything we have heard I yield the floor. ator from Ohio. Mr. PORTMAN. The junior Senator about him today though, perhaps his The PRESIDING OFFICER. The Sen- from Ohio. greatest accomplishment has yet to be ator from Nebraska. The PRESIDING OFFICER. Your mentioned; that is, the fact that he Mr. JOHANNS. Mr. President, it is an words. played golf with the President of the honor for me to stand and pay tribute Mr. PORTMAN. Look. I am so proud United States and managed to get a to SAXBY CHAMBLISS. I think the first to be here to say a couple of words hole in one. The press report from that AXBY time I got to work around S was about my friend SAXBY. As you have day says two things that are very in- when I was nominated as the Secretary heard from my colleagues, he is be- teresting. First, it says he hit the hole of Agriculture, and I think the first loved. By the way, two of those who in one on the south course. The son of hearing SAXBY chaired as chairman of spoke are Senators who are also choos- the South chose to use the south the Senate ag committee might have ing to leave us. TOM COBURN talked course, of course, for his hole in one, been that hearing. about leadership. I will tell you, they but, second, it says ‘‘he was choking up I arrived in Washington, and I was are leaving a huge void. on a 5-iron.’’ scared to death. I had no idea what to I got to know SAXBY when he came to Taking nothing away from his hole expect. But I met with SAXBY, and I the House of Representatives. I was in one—and it sounds like it wasn’t as knew immediately that when I was in there in the early 1990s, and we became long a shot as he explained to me it that hearing I was going to be treated friends. Although I am from Ohio and might have been—but choking up on a with dignity and with respect because he is a son of the South, he and 5-iron makes no sense to me. There is he wouldn’t have it any other way. Julianne embraced me and Jane, and I nobody more poised, more smooth. I That is the way he did business. got to know his son Bo—such a great have never seen him choke on any- Fortunately, I was confirmed, and family. thing. that started our working relationship. But I didn’t truly get to know him SAXBY, we are sad to see you leave In those years, I would not try to argue until I was the U.S. Trade Representa- but happy to see you spend more time that we agreed on every nuance of farm tive and my job was to try to open with Julianne, the kids, and the be- policy. I am positive there were times markets for U.S. agricultural products loved Bulldogs. Godspeed, my friend. when SAXBY was convinced I didn’t un- around the world. That required look- I yield back. derstand a thing about southern agri- ing at something called subsidies—ag- The PRESIDING OFFICER. The Sen- culture. But he was patient and he was riculture subsidies. This is a dangerous ator from New Hampshire. determined to represent all of agri- area in terms of politics, and MIKE Ms. AYOTTE. Mr. President, I rise to culture, whether it was the South, the JOHANNS is very well aware of this as thank my friend SAXBY CHAMBLISS. Midwest or the West. His goal was to an ex-Secretary of Agriculture, having Senator COBURN spoke about leader- be a chairman of the ag committee for been at my side during some of these ship. We are very much going to miss all of agriculture. It was during that negotiations. Senator COBURN, Senator JOHANNS, and time the farm bill was written, and he My job was to come to the Senate ag Senator CHAMBLISS in this body. was a tough negotiator. He had a mind committee and talk about what we But what he said is very true; be- in terms of where he was headed and he were up to and try to find out how cause as someone who has only served was going to stand up for his people much flexibility there was for us to get here for 4 years, one of the people who and I came to respect him so much. these markets open that were so im- has been most welcoming to me and a It was in the Senate though where I portant for our farmers and ranchers mentor and role model and someone truly began to understand his talent. I but entailed considerable political risk. from whom I have sought advice is can’t tell you how many times we have I learned a new SAXBY CHAMBLISS SAXBY CHAMBLISS. been in a caucus meeting and some- there. That is when I saw the leader- As we look at this body and people body would ask the most intricate, dif- ship that was talked about earlier. whom we can emulate as role models, ficult question relating to intelligence SAXBY was willing to not just be con- SAXBY CHAMBLISS is one of those role and national security, and invariably structive but to take that risk and to models. Not only is he incredibly we would turn to SAXBY. SAXBY would be totally discreet and confidential in knowledgeable on the issues that are so stand and, in that quiet but forceful dealing with very sensitive issues. I important to this Nation—and I can way he has, he would walk us through came away with a whole new level of say, having served with him on the the intricacies of the issues. On what- understanding about SAXBY and there- Armed Services Committee, he is one ever the topic was, he would explain it fore a new respect for him, his char- of the most knowledgeable people in in a way that literally everybody in acter, and his willingness to do what this country, not only on what we need the room understood. They got it. was right. to do to keep the country safe because

VerDate Sep 11 2014 09:18 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.071 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6515 of his role on the Intelligence Com- We have heard about the great Sen- ranchers across the country create the mittee, but also what we need to en- ator from Georgia. But I think the highest quality, lowest cost food sup- sure that our men and women in uni- things I am going to talk about for a ply in the world. It is not perfect, but form have the very best to keep our minute in regard to SAXBY CHAMBLISS every American benefits every day country safe. SAXBY has a deep under- apply to the two individuals sitting from the highest quality, lowest cost standing and very much loves our men here with him. They are cut from the food supply in the world. and women in uniform, and has stood same cloth: Senator COBURN, Senator So when I think of my State of North up for them in ensuring that they have JOHANNS, true public servants. People Dakota, or Senator COBURN’s great gotten what they need to keep this who ran for the right reason; people State of Oklahoma, or Senator country safe. who serve for the right reason. I think JOHANNS’ State of Nebraska—we all From my perspective, he is someone we could ask anybody in this body on produce all of these different ag prod- who is going to be so missed in this either side of the aisle, and they would ucts. We raise all these crops, we raise body, because he has understood that tell us that these three individuals all these animals. And there are so you can stand on principle, as he has, served for the right reasons, and served many people out there, so many farm- for the important challenges facing to the very best of their ability the ers and ranchers—they don’t know this Nation—whether it is keeping us American people—not just the people SAXBY CHAMBLISS. But I will tell you safe, or addressing the national debt of their State, but the American peo- what: They owe him a great big thank that threatens not only our security ple. They will be remembered long you. They really do, because without but the prosperity of America; but he after they are gone. They will be re- him we wouldn’t have a good farm plan has also done it in a way that he has membered because of the great, won- for this country. been able to build relationships—rela- derful people they are, for the relation- The reality is it is not just the farm- tionships within our own conference in ships they have built, and for that ers and ranchers. It is true for so many the Republican Caucus, where he is a service. So I echo Senator AYOTTE’s people across this country: They may go-to leader, where people like me seek comments. not know SAXBY CHAMBLISS, but they his advice on how to get things done— Senator COBURN touched on it, too. owe him a lot. He is somebody who but also, as we can see here, relation- One of the first people I looked to as a epitomizes the very best of this institu- ships across the aisle. mentor when I came here 4 years ago tion. As we go into the new Congress, I was SAXBY CHAMBLISS. Now, that I know his wife Julianne is here. I hope as SAXBY goes on to do other im- doesn’t seem intuitively like some- have to admit, when I first met her I portant things with his lovely family thing I would do—I am from North Da- thought it was his daughter because and Julianne and his children and kota, he is from Georgia. MIKE she is so young and beautiful. I am grandchildren, that we will follow the JOHANNS has been a mentor of mine teasing him a little. But she is fan- example of SAXBY CHAMBLISS of what it since Governor days, so for more than tastic. And the same thing—she was means to work together, of what it a decade. But one of the first people I immediately a friend and a mentor to means to be respectful of each other to AXBY my wife Mikey. get things done for this country, and to looked to as a mentor was S When we talk about SAXBY CHAM- address the great challenges that CHAMBLISS, and I don’t even know why. It was one of those things that imme- BLISS, TOM COBURN, MIKE JOHANNS, it SAXBY has done so much important doesn’t get any better than that. We work on—including keeping our Nation diately you like the guy. But as you will miss them a lot. safe and making sure that America re- listened to him a little bit, you re- I wish all three of them Godspeed, mains strong. spected the guy. You thought: This guy and may God bless you in your next ca- SAXBY, I want to thank you for being has something to say. He knows what so welcoming to me, for being a role he is doing. But then, it is that rela- reer. The PRESIDING OFFICER. The Sen- model, and for being someone who I tionship thing—that thing where he ator from Connecticut is recognized. think is an example of what it means goes out of his way to work with you, to serve this country with distinction. to help you, to understand what you SECOND ANNIVERSARY OF SANDY HOOK The PRESIDING OFFICER. The sen- are trying to do in a friendly way, with Mr. MURPHY. Mr. President, I add ior Senator from North Dakota is rec- great humor, and he does it naturally. my congratulations to Senator CHAM- ognized. It is just who he is. It is automatic. I BLISS. It is strange, coming here in the TRIBUTE TO DEPARTING SENATORS think Senator ISAKSON really put his last 2 years and getting to serve only 2 SAXBY CHAMBLISS, TOM COBURN, AND MIKE finger on it: It is just the way he is. years with giants in the Senate like JOHANNS You are naturally drawn to him. SAXBY, like TOM HARKIN, and like Sen- Mr. HOEVEN. Mr. President, in the I think we could talk to any of our ator ROCKEFELLER, whose legacies will new Congress we will welcome 12 new colleagues on the other side of the aisle live on. Republican Senators, and that is won- and they would tell you the same Knowing what a good soul Senator derful. They are great people. They are thing: integrity, honesty, intelligence; CHAMBLISS is, I bet he would enjoy the excited. They are enthusiastic. I think somebody you can work with, some- Newtown Labor Day parade. I have a they are going to do wonderful things. body who cares, somebody who always picture of it here. So there are 12 new Republican Mem- has the best interests of the American We had the 53rd annual Newtown bers coming into the new Senate, and I people at heart. Labor Day parade this last year. This am looking and we are going to lose 3 I had the opportunity to work with is the biggest event that happens in of our Republican colleagues. I am him on the farm bill, and I was count- Connecticut on Labor Day. It is a cele- thinking, maybe that is about the ing on Senator COBURN to kind of jump bration of the town. There are 120 dif- right ratio; it is about 4 to 1. in there and do it with him, but that ferent groups that make up the parade. But these are three individuals who didn’t happen right away. I am kidding There is the Newtown High School are unbelievable in what they have a little bit. But we couldn’t have had a marching band. This year Grand Mar- been able to do in the relationships farm bill without Senator CHAMBLISS. shall Sydney Eddison was proudly they built, the friendships, and the When I think how difficult it is to marching at the front. The Litchfield work they have done on behalf of the move legislation like that, particularly Hills Pipe Band and newer groups such American people. So I am looking at over the course of the past year, and as the Marching Cobras of New York that statistic and I am thinking: Wow, realize that a farm bill really isn’t so were there this year. It is a must-stop these are three great people who have much Republican/Democratic—it really if you are a Senator, Governor, or done the work of many, and I think isn’t. If you look at how a farm bill Congressperson. We all march together they have laid the foundation in many works, that is not the makeup. It at the front of the parade regardless of ways for us to get to a majority: Sen- comes down to people who know and party. It is a really fantastic and won- ator JOHANNS, Senator COBURN, and understand agriculture, who under- derful place. Senator CHAMBLISS. I think they have stand the importance of a good farm This year there were marchers from done a lot of that work required for us bill for our farmers and ranchers, but the Avielle Foundation; a truck deco- to get to majority. understand also that our farmers and rated in pink promoting a culture of

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.073 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6516 CONGRESSIONAL RECORD — SENATE December 10, 2014 kindness. Sandy Hook Elementary word that those small acts can make a diagnosis. We have a mental health School had a float called ‘‘The Magic difference. system in this country that is broken School Bus to Sandy Hook School.’’ It I will talk for a few minutes about and can be fixed—yes, with some more had a positive message of ‘‘Think You what hasn’t been done when it comes resources but just with better coordi- Can, Work Hard, Get Smart, Be Kind,’’ to policy changes, but there is a lot nation. That is something we can work and the judges selected Sandy Hook that has happened when it comes to on together over the next 2 years. So School’s float as the winner in the best policy as well. In Connecticut we we can say when this chart gets pep- school category. passed the strongest antigun violence pered with another 50 dots by this time It is a reminder that Sandy Hook is a measure in the country. It cracks down next year that we didn’t just stand si- positive place; Newtown is a positive on illegal guns and invests more re- lent. place—a place that is rebounding as we sources into identifying trouble spots Nobody is more articulate than Sen- come upon the 2-year anniversary, the before they happen. Washington State ator BLUMENTHAL in talking about that 2-year memorial of the tragic shooting just passed a new referendum with 60 day, and I don’t want to relive it on in that town that took the lives of 20 6- percent of the vote that extends their this floor, except to share the most and 7-year-olds, and 6 of their teachers background check systems to private powerful testimony I have heard about who were sworn to protect them. sales and to transfers. In Colorado they what happened that day. Senator BLUMENTHAL and I have passed a strong new law as well. On the This is a community that is recov- come to the floor today to mark that 2- private sector side retailers are step- ering, but it is still a community in year anniversary and to talk for a brief ping up. Big retailers from Starbucks crisis. We don’t lose 20 little boys and few moments about what has happened to Chipotle, to Target have taken girls and just come back to life in 2 over the last 2 years—what has hap- proactive steps, separate and aside years. It is a resilient community, but pened that has been positive, and the from anything government has done, to it is a community that still hurts, and work that is left to still be done. keep firearms out of their stores. So it hurts in part because they don’t see There are a lot of positive things there are a lot of positives that have us doing anything about it. that have happened. It is impossible to happened in the private sector and in So before I yield the floor to Senator try to find any good that comes out of the public sector, and hopefully we can BLUMENTHAL to say a few words, I wish this, but the foundational work that build on that work. Hopefully Congress to close with somebody else’s words. I has happened in the memory of these can recognize that our silence, our in- have shared these words on the floor children is remarkable. ability to pass anything in the 2-year before, but they are just as powerful The Jessica Rekos Foundation was period of time since Sandy Hook now as they were the last time I read formed in an effort to pay homage to passed, effectively makes us complicit them. Jessica’s love of horses and her love of in the continuing assault on students This is Neil Heslin testifying before whales. They opened up a summer all across this country. Congress in February of 2013. He is still camp where kids ages 6 to 10, the age Here is the map. In the 2 years since Jesse Lewis’s father, one of the little that Jessica was when she passed, Newtown, there have been 95 different boys who was killed that day. So as we could be able to enjoy horses, learn school shootings all across the coun- think about what happened 2 years ago how to ride and take care of them. try. Ninety-five different school shoot- in Sandy Hook and we think about the They raise money to sponsor the Orca ings have occurred. During the last 3 charge we have before us and we think Fellowship, which is dedicated to con- months alone, there were 17 school about the fact that there are those of servation initiatives for the orca shootings, including a single week us such as myself and Senator whale. where there was one every day, five BLUMENTHAL and others who will not I mentioned the Avielle Foundation. events over the course of 5 days. This is rest until we honor their memories by Avielle’s brilliant parents started a an absolute epidemic that is happening our actions, let me give you these foundation seeking to do new research all across this country since Sandy words: into brain activity. They have a new Hook. Why I say we are complicit is On December 14, Jesse got up and got ready PSA video to highlight the need to un- that when there is no response from for school. He was always excited to go to derstand the aspects of the brain that Congress, when there is not a single school. I remember on that day we stopped can lead to aggression and violence. legislative act passed to try to do by Misty Vale Deli. It’s funny the things you Ana Grace Marquez-Greene. Her fam- something about this, it sends a mes- remember. ily is a musical family. They started a sage of quiet endorsement of what is I remember Jesse got the sausage, egg and happening. I know that is not our in- cheese he always gets, with some hot choco- foundation which tries to identify ways late. And I remember the hug he gave me to build stronger communities. Her fa- tent. I know that is not in the hearts when I dropped him off. He just held me, and ther is a wonderful jazz musician, and or minds of any of our Members, but he rubbed my back. I can still feel that hug. he recently released an album called people notice when every week there is And Jesse said, ‘‘It’s going to be alright. ‘‘Beautiful Life.’’ The proceeds all go a new story of a school shooting all Everything’s going to be okay, Dad.’’ Look- to this effort. across the country and Congress does ing back it makes me wonder. What did he Sandy Hook Promise, a group of fam- absolutely nothing about it while the know? Did he have some idea about what was ilies, is asking schools and commu- private sector and State legislatures going to happen? But at the time I didn’t nities to take a simple first step to think much of it. I just thought he was being step up to do something about it. So sweet. ending violence. That first step is to this is a day when we remember what Jesse had this idea that you never leave talk to children and teens about how to happened 2 years ago, but it is also a people hurt. If you can help somebody, you be a good bystander—to look out for day in which we should feel ashamed do it. If you can make somebody feel better, those first signs of trouble, and to re- that we haven’t done a single thing to you do it. If you can leave somebody a little port anything that may seem out of try to stem this tide. better off, you do it. the ordinary. I get it that we are not going to get They tell me that’s how he died. I guess we We frankly have seen how that small a background check bill passed in the still don’t know exactly what happened at that school. Maybe we’ll never know. But act can make a big difference. Just last next 2 years, but why not work on men- what people tell me is that Jesse did some- week a young man was arrested in tal health funding? Why not have ev- thing different. Utah after he admitted he had brought erybody in this Chamber spend 5 min- When he heard the shooting, he didn’t run a gun to school with the intent to utes of your time reading the report and hide. He started yelling. People disagree shoot a girl he had a falling out with that was just released by the Con- on the last thing he said. One person who and then his plans were to open fire on necticut child advocate detailing the was there said he yelled ‘‘run.’’ Another per- the rest of his classmates, but a stu- history of Adam Lanza’s intersection son said he told everybody to ‘‘run now.’’ dent heard about it and tipped off au- with the mental health system during Ten kids from my son’s class made it to safe- ty. I hope to God something Jesse did helped thorities so he could be stopped before his early years and adolescence and them survive that day. he carried out his plan. That is what how it failed step after step, year after What I know is that Jesse wasn’t shot in Sandy Hook Promise is trying to do in year, month after month—a lack of fol- the back. He took two bullets. The first one the wake of this tragedy, to spread the lowup, a lack of coordination, a lack of grazed the side of his head. . . . The other hit

VerDate Sep 11 2014 10:09 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.074 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6517 him in the forehead. Both bullets were fired wonderful people whose lives were lost Lori Jackson Domestic Violence Sur- from the front. That means that the last that day, and more than 30,000 people vivor Protection Act. thing my son did was look Adam Lanza who perished in the United States as a Lori Jackson was estranged from her straight in the face and scream to his class- result of violence simply because many husband. She obtained a court order mates to run. The last thing he saw was that against him because of the real evi- coward’s eyes. of them were in the wrong place at the Before he died, Jesse and I used to talk wrong time—on the street or in neigh- dence of danger from him. Unfortu- about maybe coming to Washington some- borhoods or in their own home. nately, that court order failed to save day. He wanted to go up to the Washington The good that is done every day by her life because it was only temporary, monument. When we talked about it last our police and firemen and emergency and it failed to take away the guns her year Jesse asked if we could come and meet responders to try to stem and stop this husband had. The Lori Jackson Domes- the President. epidemic of violence cannot overcome tic Violence Survivor Protection Act . . . Jesse believed in you. the flood of guns in our Nation and will fill that gap in our laws now. This is Neil Heslin, his father talk- cannot compensate for the lack of ef- Women are five times as likely to die ing. fective measures to make America as a result of domestic violence when . . . Jesse believed in you. He learned safer and better by making our laws there is a gun in the home. One in five about you in school and he believed in you. against gun violence more effective. women are victims of domestic vio- I want to believe in you, too. I know you I will never forget that day or any of lence at some point in their lives. That can’t give me Jesse back. Believe me, if I the victims or their families, and I is the reason we need to continue this thought you could, I’d be asking you for fight on many fronts. Since that day or that. hope America never forgets them as But I want to believe that you will think well. We are memorializing now their about then, on December 14, I have about what I told you here today. I want to wonderful lives by acts of kindness, but worn a bracelet and I still do. The writ- believe you’ll think about it and then you’ll the best and truest way to memorialize ing has faded and is no longer visible, do something about it, whatever you can do them in history is to approve effective, but the one thing it said was, ‘‘Love to make sure no other father has to see what commonsense, sensible measures wins.’’ I truly believe that love won in I’ve seen. against gun violence. Newtown, that love won when Con- That is a pretty powerful message, a In the aftermath of those horrific necticut’s legislature passed a strong message that on the 2-year anniversary events of December 14, all of Con- and effective measure. It was the next mark of that horrible tragedy we would necticut, certainly in Newtown, and step. It is not the end of the work, but be wise to listen to. our State came together to lift those the next step. I believe that love won I yield the floor. who were so devastatingly impacted, through the grace and courage and The PRESIDING OFFICER. The sen- and those families have shown incred- strength of the families of those chil- ior Senator from Connecticut is recog- ible strength. They sat in the gallery, dren and the loved ones of the teachers nized. they came to visit us and our col- who lost their lives. Mr. BLUMENTHAL. Mr. President, leagues urging action. Congress’s fail- I believe love wins every day in our on December 14, 2012, we saw evil, but ure to act is contemptible and uncon- classrooms around the Nation when we also saw good. We saw tragedy, but scionable and a betrayal of those indi- teachers work hard—and they work we also saw actions that should con- viduals. The action that is ultimately hard—and resolve to keep their chil- tinue to inspire us. truest and best as a memorial to them dren safe. Love wins every day when The evil was in a deranged young will be for this Congress to act. someone stands up and speaks out man who committed unspeakable and In Newtown and around the Nation, against gun violence. Love will win, unimaginable horrific acts, but the every community in some way was af- eventually. Honor will win. We will good was exemplified by the police, the fected in those days and in some way honor those children, and we will cele- emergency responders, and the teach- came together with Newtown. So my brate the love they felt so deeply and ers who not only risked their lives but hope is still that that spirit will be an unconditionally—as only children saved other ones. The good was some- inspiration to action, that it will be an can—unqualifiedly for their parents thing that came forward in the days impetus to the Congress for effective, and their community. I believe that and months and in the past 2 years. commonsense measures that will pro- love will win eventually as long as we Often I visit the playgrounds that tect countless others who are in danger keep working. have been built throughout the State and who will die if Congress does not I thank the Presiding Officer and of Connecticut in memory of those act. yield the floor. children, in memory of Charlotte More than 60,000 firearm deaths have f Bacon in West Haven and Ana Grace occurred since December 14, 2012. There FAA MODERNIZATION AND Marquez-Greene in Hartford, Jessica are 32,000 firearm deaths per year. REFORM ACT OF 2012 Rekos in Fairfield, and Dylon Hockley Those families have demonstrated un- in Westfork, and Victoria Soto in relenting resolve, and so should we, The PRESIDING OFFICER (Mr. Stratford. I visit them to watch chil- and we will. It took more than 10 years BLUMENTHAL). The Senator from Ohio. Mr. BROWN. Mr. President, I ask dren playing, children often the same for the Brady law to be approved, even unanimous consent that the Com- age as the wonderful, beautiful chil- after a President of the United States mittee on Finance be discharged from dren who perished on that day, and par- was almost assassinated and his Press further consideration of S. 2614 and the ents about the same age as the teach- Secretary, Jim Brady, was severely in- Senate proceed to its immediate con- ers who lost their lives, sixth-grade jured and paralyzed. educators. I hope it will not take 10 years for ac- sideration. The PRESIDING OFFICER. Without On that day parents in Newtown took tion to be taken by Congress, but we objection, it is so ordered. their children to school, kissed them need the persistence and perseverance The clerk will report the bill by title. goodbye and went about their days, that will carry us through whatever it The assistant legislative clerk read went to work to plan play dates and takes to achieve lasting reform. as follows: snack breaks and holiday parties, and I have been proud to serve as a mem- A bill (S. 2614) to amend certain pro- just hours into that morning many par- ber of the Judiciary Committee and to visions of the FAA Modernization and ents were standing at the Sandy Hook have worked hard for this measure, Reform Act of 2012. Volunteer Fire Station where I also helping to lead the effort to approve There being no objection, the Senate went that day. What I saw was through the ban on high-capacity magazines as proceeded to consider the bill. the eyes of a parent, not just a public well as assault weapons and back- Mr. BROWN. Mr. President, I ask official, the cries of grief, the faces, ground checks. But a mental health unanimous consent that the bill be and voices filled with tears and long- initiative and school safety initiative read a third time and passed, and the ing. Those images I will never forget, have also been part of what we need do. motion to reconsider be considered and they have redoubled my own deter- I will continue my work on those ef- made and laid upon the table. mination to try to make America safer forts—mental health and school safety The PRESIDING OFFICER. Without and better, to keep faith with those 26 bills I have introduced, including the objection, it is so ordered.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.076 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6518 CONGRESSIONAL RECORD — SENATE December 10, 2014 The bill (S. 2614) was ordered to be parency which his administration has SSCI STUDY OF THE CIA’S DETENTION AND engrossed for a third reading, was read embraced—the idea that the American INTERROGATION PROGRAM the third time, and passed, as follows: people ought to know where their Mr. SCHUMER. Mr. President, first, I S. 2614 money is being spent. wish to salute my friend and colleague Be it enacted by the Senate and House of Rep- Since that time, we passed the DATA from Oklahoma. I don’t agree with resentatives of the United States of America in Act, which will move us towards better probably 80 to 90 percent of what he Congress assembled, quality in terms of usaspending.gov, says, but I really respect him. He is a SECTION 1. ROLLOVER OF AMOUNTS RECEIVED and then we have the Taxpayers Right- person of integrity who really cares. IN AIRLINE CARRIER BANKRUPTCY. To-Know Act, which the majority lead- When you shake his hand and make a (a) EXTENSION OF TIME TO FILE CLAIM FOR er objected to yesterday. deal, a deal is done, which is a rarity REFUND.—Section 1106(a)(3) of the FAA Mod- Here is what the Taxpayers-Right- around here, and we wish him the best. ernization and Reform Act of 2012 (26 U.S.C. To-Know Act says. It says the taxpayer Today I rise to discuss the recently 408 note) is amended by striking ‘‘2013’’ and has the right to know how many pro- released report by the Senate Intel- inserting ‘‘2015’’. ligence Committee. As a representative (b) DEFINITIONS AND SPECIAL RULES.—Sec- grams we have in each department, tion 1106(c) of such Act is amended— how much spending is going on in each of one of the most targeted cities in (1) in paragraph (1)(A)(i), by inserting ‘‘or program, and where the money is being the world, I feel compelled to speak filed on November 29, 2011,’’ after ‘‘2007,’’; spent. It is pretty simple, straight- about this report. I want to say clearly and forward stuff that we ought to know that I am troubled by many of its find- (2) in paragraph (2)(B)— about our government. ings. (A) by striking ‘‘terminated or’’ and insert- The question that I am asking is, First, the many members of the CIA ing ‘‘terminated,’’; and Why would anybody in this body object and the intelligence community self- (B) by inserting ‘‘, or was frozen effective lessly serve this Nation and put their November 1, 2012’’ after ‘‘Pension Protection to us knowing where our money is Act of 2006’’. being spent? Why would anybody in lives on the line. They are patriots who this body object to knowing how many are committed to protecting and serv- Mr. BROWN. I thank the Presiding programs each agency has? Why would ing America, keeping her safe from Officer. anybody in this body object to coordi- those very real enemies who are ac- f nating with all the transparency things tively seeking to do the unspeakable in PROTECTING VOLUNTEER FIRE- that we have done thus far and make it terms of harm. We owe the members of FIGHTERS AND EMERGENCY RE- so that 2 years from now the American the CIA and the Intelligence Com- SPONDERS ACT OF 2014—Contin- people can actually see where their mittee their due recognition and grati- ued money is being spent, how much is tude. We salute them for protecting us. being spent on each program in each In many cases, they risk their lives to The PRESIDING OFFICER. The Sen- State and at what location. protect us and our freedom. ator from Oklahoma. If somebody can give me an honest But as with many institutions in our TAXPAYERS RIGHT-TO-KNOW ACT explanation and a logical reason for society, be it part of the government or Mr. COBURN. Mr. President, I wish why we wouldn’t want to do that, I will part of the private sector, transparency to spend a few minutes to talk as in take that, and I will not offer another and accountability for mistakes are an morning business. I am not going to unanimous consent request. But the essential part of the process that pre- offer a unanimous consent request, but answer from OMB is that it is too hard serves the balance in our democracy. I am putting the majority leader on no- to work. It is not too hard to work. The fact of the matter is this report tice that I will do that before we leave That is exactly what the Bush adminis- lays bare some very troubling activi- today or tomorrow or whenever we tration said when we said we are going ties on the part of the CIA. It warrants leave. to have the transparency act and a close examination. When we find the Yesterday the chairman of the Home- usaspending.gov. They said it was too conduct of the CIA to be grossly land Security and Governmental Af- hard, and we can’t do it. We can do it. counter to the Nation’s ideals, we must fairs Committee, Senator CARPER, and The American people are owed that reckon with that and make sure we I, thought we cleared all holds on the explanation, they are owed that trans- never go back to the days when our Taxpayers Right-To-Know Act. I wish parency, and this administration, government sanctioned torture. to give a little history about that be- through its claims of being the most Here, I agree with my colleague and cause for 2 years the House and Senate, transparent administration should step friend from across the aisle, Senator in conjunction with the committees, forward and release this hold. MCCAIN. He has been an unimpeachable have been working on this bill. The his- So before we leave here, I will offer voice on this topic, and has said time tory goes back to a bill that was passed the unanimous consent request again. and again that these actions were tor- with President Obama, myself, Senator If it is objected to, we will know that ture, and that torture besmirches the MCCAIN, and Senator CARPER, and it it has nothing to do with reality. It has honor of this great Nation. was the Federal Financial Trans- nothing to do with honesty, it has I also agree with the remarks made parency and Accountability Act, nothing to do with integrity, it has by Vice President JOE BIDEN, that only usaspending.gov. It was the first start nothing to do with truth, it has noth- a great Nation and only an open and towards transparency in terms of how ing to do with being transparent with free society can forthrightly take own- and where we spend our money. the American people, and it has every- ership of their mistakes, find ways to Quite frankly, as we got that bill thing to do with the Federal Govern- change those policies, and move posi- through Congress, with we heard the ment saying that it is just too hard to tively forward on both the domestic same thing from OMB that Senator be honest with the American people to and international levels. REID is representing today. President allow them to see where we are spend- It is doubtless this report contains Bush and his OMB Director didn’t want ing the money. lessons that our intelligence commu- that bill. They didn’t think the Amer- I find that is really unacceptable for nity must take to heart—for their goal ican people ought to know where their us, as Members of the Senate. For a must be to protect our Nation without spending was going. They didn’t think Member of the Senate to stand up and sacrificing what it stands for. the American taxpayer ought to have say, I object to doing that, tells us that Before I go any further, I wish to rec- the right to hold us accountable to we have a long way to go on much, ognize the many years of hard work, know where we spent the money, on much bigger problems if we are going diligence, and courage—yes, courage— which programs, and how. to play the game just because some- on the part of my colleagues on the In- Interestingly, under Republican lead- thing is a little bit tough to do, and we telligence Committee and their staffs ership, we passed that bill against the are going to fall for complaining that for putting this report together. wishes of the OMB Director of the Bush we just can’t get it done. I particularly wish to recognize my administration, and that bill became With that, I yield the floor. dear friend and colleague, the chair of law. The President has touted that bill The PRESIDING OFFICER. The Sen- the Senate Intelligence Committee, as the first in a long line of trans- ator from New York. DIANNE FEINSTEIN, for her work with

VerDate Sep 11 2014 09:18 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.079 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6519 this report. She has been a fearless, yet I yield the floor. because leaders did not take the time level-headed chair of the committee for The PRESIDING OFFICER. The Sen- to debate and ask tough questions and many years now. She is just what you ator from Pennsylvania. demand answers to those tough ques- would envision as an ideal chair. Mr. CASEY. Mr. President, I ask tions. I believe it is appropriate for us I thank her for her excellent report, unanimous consent to speak as in to do the following: thoroughly debate where once again, she has been both morning business. this AUMF, as we should every time we fearless and level-headed. The PRESIDING OFFICER. Without consider sending U.S. servicemembers An extensive report like this one de- objection, it is so ordered. into harm’s way; second, to be prepared serves careful review, but at first read- ISIS AND AUTHORIZATION FOR USE OF MILITARY to continually reassess and debate our ing, two things have been made very FORCE strategy against ISIS to ensure it is clear. First, the CIA undoubtedly went Mr. CASEY. I rise today to discuss achieving our national security goals. too far in its pursuit of intelligence the fight against ISIS and the debate We all hope to develop an AUMF that from captured sources abroad. we are having here in the Senate and has broad bipartisan support. However, As I have said in formal proceedings across the country about the author- our priority must be to give the Presi- in this legislature before, I am abso- ization for use of military force, known dent clear and specific authority to lutely opposed to waterboarding and by the acronym AUMF. continue the fight against ISIS. deplore some of the tactics depicted in The debate about the appropriate use The Administration should have this report. of force is, I believe, healthy for our come forward with a recommendation I believe our intelligence community country. The American people deserve early in the process for what they can obtain information using methods to know when and how our service- would like to see in an authorization that are not anathema to our Nation’s members are going to be deployed to for use of military force. I welcomed values. protect our national security interests. Secretary Kerry’s testimony before the Second, the report makes it clear All Senators in this body have an abid- Foreign Relations Committee yester- that there was a breakdown of commu- ing obligation to take the time to learn day. That hearing was an important nication between the CIA and the ad- about this issue and to ask questions step in the right direction. ministration at the time of these about our strategy, to thoroughly de- It is appropriate for the Congress to events. bate the strategy and the issues that There is no doubt we live in a dan- not only conduct rigorous oversight of relate to the authorization for use of gerous world. There are threats abroad the executive branch’s decisions about and threats here in the homeland. We force, and then we have an obligation military force but also, from time to cannot expect to counteract these to vote on the grave question of the use time, to take steps to shape or place threats and protect our people and to of military force. boundaries around the Administra- It has been 6 months since ISIS do so in a responsible way if the CIA tion’s strategy. I appreciate Chairman began its major offensive in Iraq, tak- and the executive branch are not effec- MENENDEZ’s efforts to craft an AUMF tively communicating with one an- ing control of key boarder crossings proposal that satisfies the needs of the other. and the city of Mosul. The President Administration and the concerns from I was astounded to learn that the re- has laid out since that time a strategy both sides of the aisle and across our port asserts that over 4 years went by for combating ISIS through all avail- country. without the President having full able means—military action, diplo- The Congress should move forward knowledge of some of the CIA’s actions matic coalition building, coordinating with an authorization for use of mili- detailed in this report. That simply efforts to cut off financing and recruit- tary force which addresses the fol- cannot be the modus operandi for the ment, and providing humanitarian as- lowing: CIA. They are accountable to the gov- sistance. First, this AUMF should not allow ernment and to the people and cannot The Administration has taken these for any significant deployment of U.S. behave without proper oversight. There actions under previous authorizations. troops in traditional ground combat is so much to unpack in this report. I In these weeks and months I have con- roles. This is consistent with what the urge my colleagues patience and a sulted with Administration officials, President has determined is necessary careful examination of the work pro- both military and civilian, outside ex- at this time. We also need to see na- duced by my colleagues on the Intel- perts and former diplomats, as I know tions in the region step up to do the ligence Committee. It should be out in many of our colleagues have. I also fighting. We can’t just have—to use an front of the American people, and now have listened to my constituents in old expression from Pennsylvania— it is. We must take a very, very close Pennsylvania. We owe it to the Amer- coat holders. That is someone that look at it. ican people to have a debate and a vote says you go do the fighting and I will The United States, its government, on a new authorization for use of mili- hold your coat while you fight. and its people must take stock of this tary force that clarifies, and if nec- We need a real coalition which we account and reckon with the conclu- essary, places limitations on the Presi- have in place now but it has to be built sions of the study. We have hundreds of dent’s authority in this fight against and strengthened and fortified and sus- thousands of brave men and women ISIS. tained. That coalition, especially in posted around the world, tasked with We know that 1,830 servicemembers, the case of members of the coalition the difficult job of keeping us safe. We 91 of whom were from Pennsylvania, from the region, will contribute fight- should always be mindful of their dedi- have been killed in Operation Enduring ers to the battlefield because it is their cation and thankful for their sacrifice. Freedom in Afghanistan, and 3,482 serv- region. It is their conflict as much as it Their mission is demanding. It is icemembers, of which 197 were from is for other nations in the coalition. never-ending and nearly all of them Pennsylvania, have been killed in Op- When I say we cannot have a coali- perform with a level of professionalism eration Iraqi Freedom. Those are two tion of coat holders, I am serious about beyond reproach. conflicts, and in Pennsylvania alone that. We need a coalition that will help However, from time to time, it is im- the killed-in-action number was 91 in us. We have already done a lot, and our portant for us to review those actions Afghanistan and 197 in Iraq. people have, our taxpayers have, and to make sure they meet the hard scru- Thousands more have been wounded our soldiers have. We need a real coali- tiny of our Nation’s ideals while still in action from Pennsylvania and from tion that will do the fighting. protecting its people. across the country—some of them We also know that ISIS has taken In that light the Senate Intelligence grievously, permanently injured be- American hostages before and will try Committee report is an extremely im- cause of their service. I am mindful, as to do so again. If, for example, the Ad- portant document for us all to exam- I know many are here, that with both ministration has a chance to bring one ine. the 2001 and 2002 authorizations for use of these Americans home, I want Again, I thank my colleagues, espe- of force, Congress moved very quickly them—the Administration—to take ac- cially my friend Senator FEINSTEIN, for to take that action. I understand that. tion expeditiously and with clear au- their exhaustive and exemplary work We know in hindsight that in the case thority. If the Administration dis- on this report. of Iraq, at least, mistakes were made agrees with the current proposal for

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.081 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6520 CONGRESSIONAL RECORD — SENATE December 10, 2014 authorization for exceptional cir- quirements that press the administra- House on suspension. Another nine cumstances or operations—for exam- tion to answer a series of questions: have passed the Senate by unanimous ple, a search and rescue operation in- First, what are you going to do to consent. side Syria or the recovery of an Amer- support the moderate opposition in It is also worth noting that because ican hostage—the Administration Syria? I have raised this over and over the Federal Government owns so much should propose to us language they find again with the administration and still land, particularly in the Western acceptable to use in those difficult sit- do not have satisfactory answers. United States, Congress has to approve uations. Second, what steps are you taking to all sorts of transactions involving Second, this authorization for force address the Assad regime’s brutal bar- these public lands no matter how small should not be geographically limited. rel bomb campaign, and what are you the tracts might be. ISIS and its associated forces do not doing to bring about a political settle- On the substance, I believe the bipar- and will not respect sovereign borders. ment to the conflict in Syria? tisan group who assembled this pack- However, I would like to see language Third, how is the military campaign age of bills struck a pretty good bal- that requires the Administration con- helping to cut off the financial support ance, deferring to intrastate priorities sult closely with Congress if they want that ISIS is receiving, as I mentioned that will promote responsible economic to consider U.S. military operation before? growth. In Arizona, for example, I was against ISIS in countries beyond Iraq There is strong bipartisan agreement pleased to see the inclusion of the and Syria. Expanding this fight geo- that ISIS proposes a clear and proxi- Southeast Arizona Land Exchange and graphically could have the unintended mate if not immediate threat to our Conservation Act. This is a bill spon- effect of prompting unrest in other national security interests and those of sored by my colleague JOHN MCCAIN. I countries or pushing recruits into the our partners. I believe we can reach the was happy to join him to advance the arms of ISIS. same level of bipartisan agreement on measure. It also shares bipartisan sup- Third, this authorization for use of an authorization for the use of military port in the House among Members of force should have a reasonable force. Arizona’s House delegation: Represent- timeline—something along the order of We have no greater or more sacred atives GOSAR, KIRKPATRICK, FRANKS, 3 years—with the explicit option for responsibility than to carefully and SALMON, and SCHWEIKERT. the administration to extend it a bit thoroughly consider when and how we At its core, this bill will facilitate longer if needed. We cannot know ex- send American men and women in uni- access to the largest copper ore deposit actly how long it will take us and our form into harm’s way. I urge my col- in North America. By some estimates coalition partners to degrade and de- leagues in both parties to engage in the economic impact of the mine could feat this terrorist organization. How- this debate and to work expeditiously exceed $60 billion over the course of the ever, the AUMF should not be open- to pass an authorization for the use of mine operations. It will support ap- ended in the way that the 2001 and 2002 military force. I would have preferred proximately 3,700 direct and indirect AUMFs were. We have seen how dif- and I know many would have preferred jobs annually. ficult it is to shift gears or even to re- that we would have passed a bill before It is also worth noting that copper is peal an existing authorization for use we adjourn this year, knowing that in a critical component in most tech- of military force. this holiday season there are service- nologies, from weapon systems, to Fourth, and finally, this authoriza- members already deployed away from computers, to automobiles, to turbines tion must also address the nonmilitary home, from their families, to support that generate electricity, to name a components of the administrations’s this operation, Operation Inherent Re- few. strategy. I was one of the first Mem- solve. This mine would supply an amount of bers to call for greater support for the If we cannot get that done by the end copper roughly equivalent to 25 percent moderate well-vetted Syrian opposi- of this year, where the debate would of the U.S. demand. tion. We know that opposition, espe- not be fully developed enough to pass Also notable is what this bill does in cially in the north, is fractured and an authorization, we must get it done terms of conservation. It would pre- suffering, especially under the con- early in 2015. It must be among our serve more than 5,300 acres of conserva- tinual onslaught from Mr. Assad’s bar- first orders of business in the new year, tion land in Arizona. rel bombs—not to mention other ac- in the new Congress when we come Despite the broad benefits for eco- tions he has taken against the opposi- back in early January. This is a very nomic development and conservation tion. grave matter. It is among the highest as well as the bill’s bipartisan support, Although efforts to support them are and most difficult responsibilities Con- there has been some opposition. We ramping up, the brutal Assad regime gress has. I believe we will discharge have done our best to include some pro- has done significant damage. That is that obligation with a full debate, with visions that address those concerns. an understatement. Further, the Assad a debate that is well-informed and a de- For instance, the land exchange would regime continues to commit unspeak- bate that every Member participates in not occur until after the completion of able atrocities against Syrian civil- before we make a decision about the a NEPA environmental impact state- ians, starving, torturing, or indiscrimi- authorization for the use of force. ment. It will also generate a special nately murdering them in violation of I yield the floor. management area around the large es- international law and U.N. Security The PRESIDING OFFICER. The Sen- carpment known as Apache Leap. Like- Council resolutions—that is plural. ator from Arizona. wise, it will provide protections for Na- I have also emphasized on a bipar- Mr. FLAKE. Mr. President, I rise tive Americans to continue traditional tisan basis with Senator RUBIO several today to discuss title 30 of the National gathering and ceremonies after the years ago the importance of cutting off Defense Authorization Act, or NDAA, land exchange has been completed so ISIS’s finances. This could include air- the title of which has become referred long as it remains safe to do so. strikes against known oil-smuggling to as the lands package. As with most I would also note that Resolution pipelines or additional sanctions of the items Congress considers, this Copper has proactively sought ways to against facilitators. I should say with provision has generated some con- address its anticipated water needs. To Senator RUBIO that the financing ef- troversy. For my part, however, it ap- that end, I was encouraged to learn forts or the cutting off of the financing pears that many of the concerns here that the company has entered into a was this year. I have worked with him are outpaced by the substance of good contract with the Gila River Indian in other years on other parts of Syrian public lands policy being advanced here Community to use a portion of the policy. and the economic development oppor- tribe’s water supplies to meet the long- As we have heard multiple adminis- tunities it will generate. term needs of the mine. This is further tration leaders today say, there is no The bill the committees of jurisdic- evidence of how the measure, even be- purely military solution to this con- tion included in the package all have fore it is passed, can help foster eco- flict with ISIS. I would also say that if some form of committee procedure in nomic opportunities for Indian and we have an authorization for force, this either the House or the Senate. Thirty- non-Indian communities around the bill should include strict reporting re- four of the measures have passed the State.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.086 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6521 I would also like to take a moment est sources of carbon pollution in the lion at the high end in benefits for the to talk about a couple of the other country, our coal-fired powerplants. American people in order to avoid a $9 positive provisions in the lands pack- The Energy Information Administra- billion compliance cost, again at the age. From a resource management per- tion notes that coal generates less than high end? Again, $90 billion for the spective, it would support further eco- 40 percent of our country’s electricity American people versus $9 billion in nomic activity on Federal lands by while it generates 75 percent of the car- compliance—who wouldn’t take that conveying approximately 110,000 acres bon pollution from the power sector. deal? of land out of the Federal estate. This The 50 dirtiest coal plants in America If the Obama administration is wag- includes not only the aforementioned emit more carbon pollution than all of ing a war on coal, it has a funny way of Resolution Copper project but also a South Korea or all of Canada, which going about it. Coal exports grew by 44 Copper mine in Nevada, timber har- brings us to the war on coal. percent from 2008 to 2012. The Obama vests in Alaska, and coal production in Every effort to protect the American administration keeps opening up Fed- Montana. people from coal pollution has been de- eral lands to coal extraction, awarding The lands package also includes a nounced by the fossil fuel industry and many leases at below-market rates. It provision that would streamline the its various mouthpieces as a ‘‘war on actually took a Federal judge in Colo- permitting process for oil and gas coal.’’ When EPA proposed limits on rado to tell the Obama Bureau of Land leases. This is critical. We have seen emission from new powerplants, we Management and Forest Service to fac- the pace of oil and gas production on heard ‘‘war on coal.’’ When EPA pro- tor the cost of climate change into Federal lands decline in recent years moted limits on existing powerplants, their cost-benefit analysis of coal min- while development on private lands has ‘‘war on coal.’’ For mercury limits, ing leases. The Federal agencies had increased significantly. This measure ozone limits, particulate limits, always looked at only one side of the ledger. also improves the permitting process ‘‘war on coal.’’ They counted the economic benefits of for grazing and makes a downpayment The war on coal is a fabrication. The mining coal but not the costs. Some on so-called payment in lieu of taxes, denial machine, funded by fossil fuel war on coal. Two years ago the Obama or PILT. This is critical in helping money, literally owns the war on coal. Army Corps of Engineers fast-tracked communities that are burdened with The Web site waroncoal.com is owned environmental review of a proposed tracts of Federal land to meet the obli- by American Commitment, a 501(c)(4) coal export terminal on the Columbia gations of providing services related to nonprofit that has been funded by the River in Oregon. Local communities those lands without a corresponding Koch brothers-backed group Freedom and tribes objected, and the State of tax base. This applies to a lot of the Partners. War-on-coal is a public rela- Oregon denied the permit for the land in rural Arizona. tions strategy, a catchphrase, a gim- project. If that is what a Federal war Although reasonable people can dis- mick that serves to distract people on coal looks like, somebody didn’t get agree, I believe this is a good measure from the harm coal wreaks on us. the memo. for the State of Arizona and the United Dr. Drew Shindell is a professor at On the other side, let’s look at what States as a whole. I am pleased to see Duke University. He worked at NASA coal’s war on us looks like. Evidence that it will advance as part of this for two decades. Last week in the Envi- that mining and burning coal harms package. I know the lands package was ronment and Public Works Committee our health and our environment and difficult to negotiate. They always are. he said: our oceans is undeniable. It is this It has achieved strong bipartisan sup- We hear a lot up here on Capitol Hill about other side of the coal ledger which hits port. I think it does strike the right the war on coal; what we forget about is home in Rhode Island and Connecticut balance between deference to intra- coal’s war on us. and many other States, and it is that state concerns and Federal lands deci- So let’s talk about the so-called war side which the polluters want to ignore sions. I urge support of the legislation. on coal versus coal’s war on us. When and obscure with ‘‘war on coal’’ rhet- I yield the floor, and I suggest the ab- Republicans talk about President oric. sence of a quorum. Obama’s war on coal, they leave a lot Burning coal releases carbon dioxide The PRESIDING OFFICER. The out. They leave out that coal compa- and other greenhouse gases. That clerk will call the roll. nies have shifted to big open-topped warms our atmosphere, bringing The bill clerk proceeded to call the mines—what is called mountaintop re- changes we are already seeing in sea- roll. moval—so they can lay off miners and sons, weather, and storms. There is a Mr. WHITEHOUSE. I ask unanimous still produce the same amount of coal. strong association between global consent that the order for the quorum They leave out that coal simply can’t warming and the kinds of rain bursts call be rescinded. compete with today’s cheaper, cleaner that flooded homes and businesses in The PRESIDING OFFICER. Without burning natural gas. Rhode Island in 2010, for instance. objection, it is so ordered. In 2012 Duke Energy’s own CEO ac- Coal burning contributes to the for- CLIMATE CHANGE knowledged that EPA’s proposed cli- mation of toxic ground-level ozone, Mr. WHITEHOUSE. Mr. President, I mate rule for new powerplants was not which is a cause of the bad air days in am on the floor this evening for ‘‘Time to blame. This is what he said: my home State of Rhode Island. Kids to Wake Up’’ speech No. 82. The new climate rule is in line with mar- with asthma in the emergency room in Scientists tell us that the evidence ket forces anyway. We’re not going to build Rhode Island are connected with mid- for climate change is now ‘‘unequivo- any coal plants in any event. western powerplants that burn coal cal’’—not a word often used in sci- ‘‘We’re not going to build any coal and pump often unscrubbed emissions entific writing. The American people plants in any event,’’ he said. up smokestacks designed to move the know that climate change is real. He continued: problem downwind—out of State, out In a new poll released by the insur- You’re going to choose to build gas plants of mind. ance firm Munich Re, 8 out of 10 Amer- every time, regardless of what the rule is. Don’t overlook our oceans, which ab- icans believe the climate is changing. That is not a regulatory war on coal; sorb about one-third of the carbon pol- They see it happening around them. that is the free market operating. lution being emitted and most of the The American people also know we EPA’s proposed Clean Power Plan for excess heat. As a result, oceans are be- need to cut our carbon pollution if we existing powerplants is the newest PR coming more acidic, water tempera- are to avoid the worst effects of cli- front in the imaginary war on coal. tures are rising, and sea levels are ris- mate change. We can’t keep burning EPA projects that the Clean Power ing across the globe. In Rhode Island carbon-polluting fossil fuels indiscrimi- Plan will yield between $55 billion and the sea is up nearly 10 inches at the nately. Seven out of 10 Americans put $93 billion in benefits per year by 2030, tide gauge at Naval Station Newport using more carbon-free energy, such as compared to $7 billion to $9 billion to since the 1930s, when we had our great solar and wind, among the best ways to comply with the rule. That math hurricane of 1938. battle climate change. makes it a winner for the American So whether you have a flooded home Changing the way we generate power people. Some war on coal. What would or are a mom with a child with asthma will help cut emissions from the larg- they expect us to do—give up $90 bil- in the emergency room or somebody

VerDate Sep 11 2014 09:18 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.088 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6522 CONGRESSIONAL RECORD — SENATE December 10, 2014 with coastal property facing 10-inch even punishment. It is just fair ac- of these bills spend money, but the higher seas, there are costs to coal. counting, taking both sides of the ledg- lands package is revenue neutral. I This is all virtually indisputable, and er into account. think the taxpayer is going to get some it follows immutable laws of nature. When people do that—economists and extraordinary value in the package Damage to coastal homes and infra- scientists—they calculate the cost of being presented today. structure from rising seas and erosion, carbon pollution as what they call the In addition, one of the principles I asthma attacks in children triggered social cost of carbon. The administra- pushed very strongly is to make sure by smog, forests dying from beetle in- tion estimates the social cost of carbon that this package included opportuni- festations and unprecedented wildfire at around $40 per ton of carbon pollu- ties for the development of our natural seasons, farms ravaged by worsened tion—$40 per ton. The effective cost to resources. We are very proud of our drought and flooding—these are all real polluters for causing that mess is zero. wilderness areas. We are very proud of costs to Americans. This other side of My carbon fee bill would correct our parks. We are very proud of our the coal ledger counts too. that. It would correct what even econo- areas that are off limits to economic It even hits home in coal country, mists and groups as conservative as the development. But there are parts of the where blowing up mountaintops pol- American Enterprise Institute agree is Federal landscape of public lands that lutes streams and harms folks around a market failure, and then return every should be developed—whether it is for- the mining operations. West Virginia dollar of the fee to the American peo- ests, or oil and gas, or hard-rock min- ing, for the benefit of the taxpayer and University has linked the dust thrown ple. That could include transition as- for our overall economy. That was a up by these mountaintop mines to lung sistance for coal workers—and assist- very important principle for me and of cancer among nearby residents. ance for communities far from coal mines, like in Rhode Island, facing course for Congressman HASTINGS. Coal-fired powerplants are the big- We also wanted to make sure that we these costs of climate change. It is also gest sources of mercury pollution in expanded our national park system. the United States, and they also emit becoming increasingly clear that a rev- Again, this has been a 6-year hiatus, al- arsenic, acid gases, and other toxins. enue-neutral carbon fee will spur inno- most three Congresses. We have not Dr. Shindell, whom I mentioned ear- vation, create jobs, and boost the econ- been able to make any progress on add- lier, is an expert in atmospheric chem- omy nationwide. ing to the beautiful heritage areas and istry and health. Here is what he told So it is time to end the polluters’ special national park system that the EPW Committee last week: holiday from responsibility. It is time America is known for and helped to Of all of the sources of the emissions that to see through their fanciful war on pilot for the world. Next year will be lead to poor air quality in the United States, coal, and protect those facing the ef- the 100th anniversary of the founding coal burning is the single largest, causing by fects of coal’s war on us and coal’s war of the National Park Service, and we my calculations about 47,000 premature on the truth. It is time to seize the eco- are excited about the additional eight deaths per year. That happens to be larger nomic benefit of a clean energy econ- new national parks that will be created than the total number of Americans killed in omy. It is time to wake up. by this lands package, and it expands all of the years of the by hos- I yield the floor to my friend, the dis- tile fire. the boundaries of six existing national tinguished Senator from Louisiana. parks. If you look at the casualties, the The PRESIDING OFFICER. The Sen- One of the expansions I want to note Federal Government isn’t waging a war ator from Louisiana. particularly is in Texas, in San Anto- on coal. If there is any war, coal is Ms. LANDRIEU. Mr. President, I nio. It expands the San Antonio Mis- waging a war on us. thank the Senator from Rhode Island. I sions National Historical Park. The This is business as usual for the pol- am so happy to follow him on the floor reason I am excited about this is be- luter industry and its propaganda ap- today and to see him again. We have cause the San Antonio missions are paratus. Coal companies have long worked together on so many important next on the list in the United States fought public health standards, mine issues. It is wonderful to see the Pre- sites to be designated as world heritage worker protections, and compensation siding Officer to be back on the floor. sites. I had a great opportunity to help for ailments such as black lung disease, I come today for a very special rea- our only site in Louisiana, Poverty as well as efforts to address acid rain son. I am so proud to present to the Point, achieve that designation just a or reduce toxic pollutants, such as Senate a package of lands bills that few months ago. What an extraor- mercury, that cause brain damage in have been included in the Defense Au- dinary action it was to be there when kids. thorization Act. we cut the ribbon on a site that is In 1989 Southern Company’s CEO Ed- What is significant about this par- going to continue to be excavated that ward Addison testified that acid-rain ticular package is it is quite large, and we believe is over 3,500 years old, with controls would increase electricity it is the first package in almost 6 years a very sophisticated Native American rates in States with the most coal and almost three Congresses, which is settlement on these beautiful raised power by 10 to 20 percent by 2009. Well, quite an accomplishment for our com- mounds in one of the highest points in we couldn’t evaluate that prediction mittee. the Louisiana-Mississippi delta area. I then, but now we can. This is a fact: In I am so proud of the staff of our com- was excited to see that San Antonio the 10 States with the most coal, rates mittee, Energy and Natural Resources. missions will be next. This puts these actually fell. Big Coal’s war on the I made this a priority when I took over sites on the same level as the Grand truth has a long history. as Chair 9 months ago. It was a long Canyon and other really extraordinary I recently had the opportunity to shot to see if we could put any package international places of cultural signifi- visit West Virginia with Senator at all together that had eluded us for cance. So that is one example. MANCHIN to learn about what coal several Congresses, but I worked very In the new national parks, it has only means to the Mountain State economy. closely with my counterpart, Congress- taken us 200-something-plus years, I get it. We need to care about the min- man HASTINGS, in the House. We met with Senator CARPER and Senator ers, the truckers, the powerplant oper- on several occasions with our top staff COONS, to get a national park in Dela- ators, the engineers, and others who and committed to do all we could to ware. They were the only State with- make their living in this industry. It see what was possible. out a national park. Although they are would be wrong to ignore their plight, One of the important principles that small in size, they are very important just as it is wrong when the coal indus- made this grand compromise possible— as they are the first State in the try tries to ignore the effects of its car- and there are Republican bills and Union. So as it would be appropriate, bon pollution. Democratic bills; it is very well bal- the name of their park is the First I think we need a carbon fee to cor- anced as between the parties, but also State National Park. So now every rect the market and to slow climate geographically in projects and expan- State in the United States has at least change. I am sure I will hear that is a sions of parks, creation of new parks, one national park. Of course, some war on coal. It is not. It is simple fair- and land transfers. The principle that States have many more. Our commit- ness. It is simply paying for the mess we followed is it is revenue neutral. ment is to continue this great heritage you cause. That is not war. It is not Some of these bills raise money, some for our Nation for generations to come.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.091 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6523 This package represents a major can be developed privately and pub- to address both the development of milestone in our work to reach a con- licly. There is plenty of public access natural resources and conservation and sensus across party lines. We will clear to this reservoir. We hope, and I antici- preservation, as well as the expansion much of the backlog of the public lands pate, that it will be another momen- of our public lands and public parks. bill that has built up in the Senate, tum builder for the economic develop- This package reflects that balance. Let last passed in the omnibus package 5 ment in this region. me mention a couple of the economic years ago. It is worth noting the Con- Significantly for me—I have worked development provisions. gressional Budget Office has again on it for many years, because I have We will convey 70,000 acres in the scored this as revenue neutral. been aware of this since I was a legis- Tongass National Forest to Sealaska, Let me speak for a minute about a lator years ago and the real need to de- an Alaska Native corporation, to com- few Louisiana priorities. Although velop this as a really first-class des- plete its land settlement under the most of these bills do not have any- tination for resorts, hotels, marinas— Alaska Native Claims Settlement Act. thing to do with Louisiana—we did not not only for the people who live and This legislation has been a long- have any major expansion efforts of have property there, but for visitors standing priority for Senator BEGICH any of our parks to present—I did wish who may come from all over the re- and Senator MURKOWSKI. I thank them to discuss two meaningful impact on gion. both for their extraordinary leadership the economy of my State. In addition, Fort Polk is situated in working on this land transfer. The first provision will ensure the only about 40 miles away. So it is with- This bill has been considered in the economic vitality and viability of the in driving distance for soldiers and Energy and Natural Resources Com- Toledo Bend hydroelectric project lo- their families for recreation. It is real- mittee for years, and the final lan- cated on the beautiful Sabine River on ly quite beautiful. It is isolated. We guage was carefully negotiated with the Louisiana-Texas border. Toledo don’t have quite enough highway infra- the Department of Agriculture. So I Bend provides power to thousands of structure I think for us to develop it in thank the Department for helping us Louisiana homes and serves as an eco- a way that we really should, but that work out this extraordinary land nomic engine for our western border will come with time. But this was a transfer. with Texas. very important step to get the 50-year Another provision which was in- The project was first licensed in 1963. certification to move forward. And now cluded at the request of Senator Russell Long and our congressional our local communities—the parishes of MCCAIN and Senator FLAKE and which delegation were very instrumental in Sabine, DeSoto, and Vernon—can lean has been worked on by the Arizona del- getting this dam for hydropower estab- forward and dream and plan for how egation is a land exchange in Arizona lished in our State. Although we are this area can be developed. between the Forest Service and the known for oil and gas, we do have some The second Louisiana-related provi- Resolution Copper company to allow hydropower in our State. It was reli- sion authorizes the National Park development of a major copper mine. censed in August—I am proud of, with Service to study areas along the Lower My friend TRENT FRANKS has been a my support and leadership—for an ad- Mississippi River in Plaquemines Par- leader in this area as well in the House ditional 50 years, which is a terrific ish for the potential addition to the na- and in his legislative district, and I certification on the part of the Federal tional park system. It is just a study, have had good conversations with him. Government that this project is ful- but this Lower Mississippi area is of This may be the deepest copper mine in filling its original goals and objectives. course rich in cultural history. It was the United States of America. It is Not only is it generating power, it is first traveled by Spanish explorers in going to be one of the richest in the providing an extraordinary rec- the 1500s and later, in 1699, became the world. reational opportunity. site of the first fortification on the There was some original language in This project includes a dam which Lower Mississippi River known as Fort this legislation that was perhaps not as impounds a 185,000-acre reservoir, the Mississippi. responsible as it should have been—or largest manmade body of water in the The area to be studied includes sev- as sensitive maybe is a better word—to South, and a powerhouse capable of eral other historic fortifications, in- some of the needs or requests of some generating 81 megawatts of electricity. cluding Fort St. Philip, which played a of the nearby tribes. We tried to ad- The project is operated primarily for key role during the Battle of New Orle- dress some of their concerns in the water supply purposes, secondarily for ans and was the final major battle of final language. We haven’t, of course, hydropower, and thirdly for recreation. the War of 1812. While Andrew Jack- settled all complaints, but we have set- But it has become an extremely pop- son’s forces were successful on land, it tled as many as we can. ular recreational site both on the was William Overton’s 10-day defense This is an extraordinarily valuable Texas side and on the Louisiana side. It of the back door to New Orleans that asset for the people of the United is an interesting project, because we helped seal the American victory. States, and the people of the United have joint jurisdiction. The Texas Fort Philip, and its companion fort States own this land and right now own Commission runs its side, the Lou- located across the river, Fort Jackson, the potential copper that would come isiana Commission runs our side, and it also played a pivotal role during the out of this mine. I most certainly, occupies about 3,800 acres of Federal siege of New Orleans during the Civil through my staff, have insisted and ne- land in a narrow 3-foot strip along the War. These two forts, with their with- gotiated that the taxpayers get a fair shore of the reservoir where it borders ering crossfire, held the Union Navy at exchange, that they are not underpaid the Sabine National Forest and Indian bay for 12 days. And the history goes in any way in this transfer and this de- mounds. on and on. velopment. I am very hopeful that the Under current law, just because of These special places are tangible Forest Service, which will continue that 3-foot strip, the forest, land, and links to the dramatic stories of our Na- under the authorization in this bill to other Federal agencies were claiming tion’s history and deserve to be studied negotiate, will make sure the tax- jurisdiction just because of this very for inclusion in our national park sys- payers of the United States are paid narrow edge around the Toledo Bend. tem. fairly for the exchange of this very val- So we eliminated their jurisdiction. It Let me underscore again how impor- uable property, which will create many gave the Federal Energy Regulatory tant I think is the principle of devel- jobs in Arizona and which will create Commission the basis to impose annual oping our public resources in the right opportunities for economic develop- charges. We didn’t think that would be ways—preserving what we can, con- ment in our whole country and around fair, so we carved out a much-needed serving what we must, but developing the world, as copper is a very valuable exemption that would prohibit undue what we can for the benefit of the tax- substance. One of my overriding condi- regulation, and allow the local govern- payer. That is one of the underlying tions for approval was to make sure mental structures and appropriate Fed- principles of this grand compromise. I the taxpayers get a full benefit. eral agencies to determine the best use recognize that to break the logjam, While the Sealaska and Resolution of this land. Local zoning ordinances particularly with the House of Rep- Copper provisions have drawn most of will apply, local rules about what areas resentatives, we needed to find a way the attention in this bill, in total the

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.093 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6524 CONGRESSIONAL RECORD — SENATE December 10, 2014 package includes many other promi- still out there. But they can’t fight the about the package of public lands nent Federal land conveyances, all Defense authorization bill. Tucking it measures included in the House-passed which will allow for community serv- in a bill that is going to pass and will Defense bill. I am told we are likely to ices such as cemeteries and schools, not be vetoed is a way to move these vote on that bill as early as tomorrow provide land for development by local bills forward. in the Senate. communities, allow for outdoor rec- It does enjoy broad and deep bipar- Within the lands package is a meas- reational opportunities, and increase tisan support from literally hundreds ure we worked on called the Hermosa management efficiencies for both pub- of Members of Congress, and hundreds Creek Watershed Protection Act. lic and adjacent private land. of staffers have spent hours and hours, The watershed, which is pictured The package also wonderfully in- and the executive branch—particularly here, is a beautiful parcel of national cludes almost 250,000 acres of new wil- Interior and Agriculture—has spent forest land up the road from Durango derness designations, including in hours negotiating the fine details of in the southwest corner of Colorado. Washington State. I thank Senator this package. I will say at the outset that our of- CANTWELL and Senator MURRAY for I thank David Brooks, who is a lead fice may have introduced the bill in their advocacy for their State and for staff member with our committee, En- the Senate, but it was really the people our Nation. Senator TESTER has been a ergy and Natural Resources, who has I represent in southwest Colorado who strong proponent for the State of Mon- been a magnificent staffer here in the wrote every bit of this piece of legisla- tana, Senator REID in the State of Ne- Senate for many years. He is known as tion. vada, and in the State of Colorado, the Senate expert on public lands, and Over 6 years ago, a diverse group of Senator BENNET and Senator MARK that title certainly is appropriate for a local citizens, mountain bikers, an- UDALL, and, of course, in New Mexico man who knows so much and cares glers, outfitters, local officials, and we have had some expansion of wilder- deeply about our public spaces and many others all got together to talk ness areas. Each of these bills was the finding the right balance between pres- about the future of the land. Everyone product of years of discussion among ervation, conservation, and develop- involved liked to visit the area for stakeholders and each State’s congres- ment. recreation or to do business there. sional delegation. I thank Liz Craddock, who is my Their discussion was to developing a In addition to wilderness designa- staff director for the Committee on En- plan to manage the area so everyone tions, the package will protect the wa- ergy and Natural Resources, who was could enjoy it and benefit from the tershed of over 360,000 acres of natural absolutely tireless. Not only running multiple uses well into the future. forest lands adjacent to Glacier Na- the committee in my absence, some- Over the Memorial Day weekend in tional Park and will designate 200,000 times when I was on the campaign 2011, the Hermosa workgroup invited Forest Service and BLM lands in Mon- trail, but also taking appropriate time my family and me for a hike through tana as the Rocky Mountain Front to come and work with me for reelec- the watershed and to join the discus- Conservation Heritage area and protect tion and in addition putting together, sion, and we took them up on that 70,000 acres of the Hermosa Creek Wa- with David, this package while all this offer. tershed in Colorado. was going on is really a testimony to We loaded up the van, drove to Du- Among the eight new national parks their professionalism. I thank them rango, and met the working group at are two in Maryland and New York very much. the Hermosa Creek trailhead. that celebrate the life of Harriet Tub- I thank all the Members of my side My youngest daughter Anne, who was man, known, of course, for her great particularly for their patience and then probably about 8, made a hiking their understanding as we worked role in civil rights and developing the stick out of a nearby fallen branch, and through this package of almost 80 to 90 Underground Railroad and for so many we started up the trail with 40 or so bills and the subcommittees that other things she did as a leader at that others from the local community. worked so well moving them forward. time. Our new national parks will pro- The Presiding Officer knows this area I will submit this for the RECORD. well. As we climbed higher and higher, tect 80,000 acres of forest land and vol- There may be other Senators, I am we were overcome by the beauty canic peaks in New Mexico; designate sure, who want to put in individual re- around us and the forests and valleys the first national park in Delaware; marks for the parks and projects and and crystal-clear streams and un- protect fossil resources outside of Las land swaps, but I think it is pretty re- spoiled views in almost every direc- Vegas; and interpret the story of the markable that we have cleared up 6 tion. World War II Manhattan Project in years of backlog at zero expense to the After about an hour, the group pulled Washington State, which was so impor- taxpayer with extremely broad and off the forest service trail into a mead- tant to Representative HASTINGS. Ten- deep bipartisan support. ow, and as Anne, Halina, and Caroline nessee and New Mexico are, of course, I will only say as one of my last re- Bennet, my three daughters, made me also included in that history and the marks on the Senate floor that it is a dandelion necklace out of the dan- Colt firearms company in Hartford, CT, possible to find common ground if we delions that were there, we started a which is an unusual kind of park to are willing to look for it and work hard discussion about what this area meant celebrate, but it is part of the Amer- enough to find it. We need to have our to the people who were on this trip. ican development of manufacturing, eyes open a little wider. We need to put The sportsmen came to fish for na- and the Colt firearms company played our shoulder to the wheel a little bit tive Colorado cutthroat trout and for a major role. So we have that included stronger, and if we can do that, we can back-country elk hunting. The moun- in this bill. move a lot of significant legislation tain bikers came to enjoy single-track The individual bills that are included through that benefits generations of riding trails known throughout the have been developed with local support our citizens and taxpayers for years to country and throughout the world. The and in many cases have been priorities come. of Senators for years. I am pleased to I yield the floor, and I suggest the ab- local water districts love Hermosa be- have played a pivotal role in building sence of a quorum. cause it provides clean water for the this comprehensive package, and it The PRESIDING OFFICER. The city of Durango, and workers in the took a lot of compromising and an clerk will call the roll. timber and mining industry stress that awful lot of hard work. The legislative clerk proceeded to some of the watershed could contribute I thank the lead Senator on the De- call the roll. to extractive development in the fu- fense bill, Mr. LEVIN, for allowing us to Mr. BENNET. Mr. President, I ask ture. be part of the Defense authorization unanimous consent that the order for The upshot of the discussion we had bill, along with Senator JACK REED, the quorum call be rescinded. in the meadow that afternoon was an whom I spoke with on many occasions The PRESIDING OFFICER (Mr. agreement to work together on a bill, a along with Senator LEVIN, because HEINRICH). Without objection, it is so balanced bill that managed the water- without their support I don’t know if ordered. shed so it would contribute to the local this bill could have survived standing Mr. BENNET. Mr. President, I have economy long into the future. More alone with one or two strong objections come down to the floor today to talk than just working on this bill, I think

VerDate Sep 11 2014 09:18 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.097 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6525 the people in that meadow set out to I thank Senator UDALL, a long-time Despite dozens of other widely sup- prove that people in this country can champion for Colorado’s public lands ported conservation proposals that still work together and set an example and wilderness, for joining me as a co- have been introduced this session, for the U.S. Congress. sponsor of the bill. there are only four other wilderness After nearly 31⁄2 years of negotiations I also wish to thank Congressman bills included in this package. Once since that hike, we are on the verge of SCOTT TIPTON, our partner in the again, I am strongly supportive of the passing that bill and sending it to the House, for supporting this bill and package, and I urge my colleagues to President for his signature. The demonstrating that bipartisanship still vote yes. But in the new Congress we Hermosa Creek Watershed Protection exists in some corners of the Capitol. ought to hit the reset button and truly Act governs the entire watershed. It in- He has been outstanding to work with, honor the intent of the Wilderness cludes provisions to allow for multiple as has his staff, and I look forward to Act—which President Johnson signed uses, such as timber harvesting for for- collaborating on other conservation into law 50 years ago—by passing more est health, continued access for Colo- measures in the future. wilderness bills. I can’t think of a bet- rado’s snowmobilers—a critical provi- To close and bring this back to the ter anniversary present for the land- sion to allow Silverton’s winter econ- beginning—I see my colleague is here— mark law than for the 114th Congress omy to continue to prosper. I don’t have to convince most people to return and pass more of these bills. The bill enhances opportunities for that Colorado is a special place. Many Let’s defy expectations about what back-country fishing made possible by people from all over the United States the change in the majority means here. the great work of Trout Unlimited and have been to our State to ski our Let’s lift up the bipartisan work that is Colorado Parks and Wildlife to reintro- mountains, run our rivers, or climb a happening around here and pass more duce native cutthroat trout to the wa- 14er. of these bills. tershed. The Hermosa Creek watershed rep- Historically conservation has been a The bill also adds—importantly— resents some of the best Colorado has bipartisan issue going all the way back nearly 40,000 acres to the National Wil- to offer. It deserves to be protected, to Teddy Roosevelt, and I hope we derness Preservation System, lands and that is what this bill does. might return to the cooperation we that provide unique and important op- However, in some respects, I wish have seen in the decades since then and portunities for solitude and reflection, Hermosa didn’t have to pass this way. get some more wilderness and con- lands that will remain undeveloped for- This lands package is a great achieve- servation done for the American peo- ever so that they will always have ment. It came through a robust bipar- ple. clear streams to fish and lush forests tisan and bicameral process, and that This is a glorious and beautiful coun- for local outfitters to take clients into work is something truly to be com- try that we all represent. We ought to the forest on horseback. mended. save some of it for our kids and I am proud to report that the bill has At the same time, I think the grandkids by passing this package and the unanimous bipartisan backing of Hermosa Creek bill could have passed coming together on some others. the two county commissions involved, by unanimous consent years ago as a I urge yes on the bill. the San Juan County Commission and stand-alone bill, or as part of another I thank the Presiding Officer for all the La Plata County Commission. I smaller, bipartisan, bicameral package of his work to make sure we could thank those commissioners for their that didn’t have to wait almost 6 years bring this lands bill together with the leadership, collaboration, and their vi- while local communities all across the NDAA bill. sion, and the two local towns, Durango country have been left in limbo. People I urge a ‘‘yes’’ vote. and Silverton. It has the support of the there don’t work on the same time that I thank the Presiding Officer, and I Hermosa Creek Workgroup, ranging people here work, and their expecta- thank my colleague from Alaska for al- from hardrock miners to environ- tions are that we are going to move lowing me to go ahead with my re- mental groups. These are the people we things along. No one should object to marks. say can never get along and can never bipartisan, commonsense measures I yield the floor. get anything done because everybody that are widely supported. But instead The PRESIDING OFFICER. The Sen- has to get only their position and dis- of regular order, we are left voting on ator from Alaska. regard the position that the other has, large packages of lands bills every Ms. MURKOWSKI. I thank my col- and we have proven that is not true, as number of years. league and his comment about the I said, ranging from hardrock miners In fact, save one wilderness bill that courtesy for allowing him to go first. I to environmental groups such as the passed earlier this session, Congress think the Senator from Colorado was San Juan Citizens Alliance, Conserva- has not passed a wilderness bill since scheduled to go first, and we were just tion Colorado, and The Wilderness So- 2009. Congress has not passed one wil- a little bit behind, so I was pleased to ciety. derness bill since 2009—I suppose we It has the support of sportsmen, passed one. listen to my friend’s comments about Trout Unlimited, and the back-country Last Congress was the first time a one of the provisions in this NDAA hunters and anglers. session of Congress hadn’t passed a wil- lands bill, and I thank him for those The Hermosa bill is also supported by derness bill in the 50-year history of comments. the local water district, the South- the Wilderness Act. That had never I also wish to acknowledge the com- western Water Conservation District. happened before, whether the Senate ments of the Senator from Louisiana, The outdoor recreation community— was Democratic or the Senate was Re- our chairman of the Energy Com- including the Colorado Snowmobile As- publican, whether the House was mittee. I have had the pleasure and sociation, Colorado Off-Highway Vehi- Democratic or Republican, or whether privilege of working with her as the cle Coalition, and the Trails 2000 moun- the President was a Democrat or a Re- ranking member on the committee now tain bike group—supports the measure. publican. It never happened before. for the past 6 to 8 months since she has And support for Hermosa is especially This Congress—provided the vote goes held the chair. But even before that, I strong from the local business commu- well tomorrow—will have waited until have had the honor and privilege of nity. Companies as diverse as fly shops, the eleventh hour. working with her on so many energy car dealerships, the Durango Chamber, The 2009 bill, which was one of the issues. and Mercury Payment Systems, one of very first ones I voted on as a Senator, As the Senator from Louisiana was the area’s largest employers, all agree created 2 million acres of new wilder- detailing the contents of this lands that protected public lands add to the ness. package that is contained within the region’s quality of life and help them The package we will vote on tomor- NDAA bill, I was reminded of what a attract topnotch talent to the region. row contains several hundred thousand good partnership we have had working This bill grew from the grassroots up. acres more, including nearly 40,000 new together on the committee. They are Republicans, Democrats, and Independ- wilderness acres, as I mentioned in the not exactly easy issues that come be- ents worked together to cement a long- Hermosa bill. While that is great fore us. They generate a level of con- term plan for their community’s fu- progress, and it truly is, I wish we were troversy—certainly a level of debate ture. doing more. and dialog—but there has always been

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.099 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6526 CONGRESSIONAL RECORD — SENATE December 10, 2014 good, civil debate and dialog as we try we can see here our Federal fault line. ance, and the level it rises to is not the to work through some very difficult These 12 Western States are areas city council, it is not the mayor or the issues. where less than 50 percent of the land legislator or the Governor, it is a Con- As Senator LANDRIEU leaves the Sen- is owned or held by the State and pri- gressman and Senator, and ultimately ate at the end of this Congress, I want vate interests. When we look at this di- signed into law by the President of the her to know, as I stated in committee vide, on this side, more than 95 percent United States. just this morning, how much I have ap- is state-controlled land. So what are we actually looking at in preciated the good work she has done, So we have a situation where in this package? After truly months of ne- not only on energy issues, but the good many of our Eastern States the Fed- gotiations, perhaps a few near-death work she has done on behalf of the peo- eral Government owns just a small experiences, and many temptations to ple whom she represents in Louisiana. fraction of the lands. But if we look to walk away, we have agreed to a bal- If there is anybody who exemplifies some of our Western States and we anced, budget-neutral, revenue-neutral, the word ‘‘tenacious,’’ it is MARY LAN- look at the extent of Federal owner- bicameral, bipartisan package con- DRIEU, and I think the people of her ship, this is where the picture comes tained in title 30. These provisions that State have enjoyed the benefit of the into greater focus. In Wyoming, 42.3 are contained here will create jobs. very tenacious approach and how my percent of the State of Wyoming is They will create thousands of Amer- friend and colleague takes care of held in Federal lands. In my State of ican jobs. They will cut the redtape to those she represents. I thank the Sen- Alaska, 69 percent of the State of Alas- energy production. They will boost ator for that. ka is federally owned. Nevada walks American mineral production. They I too wish to add my comments this away with No. 1, where over 80 percent protect multiple use and public recre- evening in support of the National De- of the State of Nevada is held by the ation. They convey Federal land for fense Authorization Act for Fiscal Year Federal Government. community development. They protect 2015, and more specifically, to the pub- For folks back on the east coast, our treasured lands through measured lic lands package, which is title 30. what does that mean? Let’s say it pre- conservation, and they provide new As Senator LANDRIEU detailed in sents some real difficulties for us in means for private dollars to support greater specificity, what we have here the West. Say we want a minor land our national parks. is a collection of smaller bills related conveyance—not a big deal. But if a We have included a bipartisan provi- to public lands. Just because a bill is person lives in a State such as New sion to streamline oil and gas permit- small and somewhat discreet in terms York with less than 1 percent of Fed- ting on our Federal lands. It is sup- of its area of impact, it doesn’t mean eral lands, chances are that person can ported by the Western Governors’ Asso- these are not issues that are critically go see a real estate attorney and they ciation. It cleared the Senate by unani- important to the people of that State, can have a document drawn up, and mous consent before the elections. So critically important to that region. they might even be able to draw it up think about that. So many things get With so many of these bills that are in 1 day or maybe it takes a couple of tied up in the politics of elections, but now part of this package, we have days, but a person can complete a this was so important to so many, on a spent months—and in some cases we transaction without too much dif- bipartisan basis, on a regional basis, we have spent years—developing, consid- ficulty. If a person tries to do a convey- moved it through the Senate by unani- ering, refining, amending, and working ance in 1 of our 12 Western States, mous consent. We have included a provision to ad- through these packages. We have spent where 93 percent of the Federal lands dress the backlog of the grazing permit weeks negotiating which ones will ac- are, it is a different story. Chances are renewals for our western ranchers to tually be in the package that we have a person will not have the same luck as ease their burdens. Then there is an- before us in title 30. We have now ar- they might in New York. Even if they other provision we have included that are seeking the smallest of land con- rived at this point where we have a bi- will help to hopefully protect the col- veyances, say 1 acre—just 1 acre is all partisan and bicameral consensus in lapse of the timber industry in South- we want to move from the Federal side support of it. eastern Alaska with the conveyance to What I wish to do with my time this to the State side, to a local side, to the our Alaska Native peoples—a promise private side—a person does not go see evening is to explain how this package that has been 40 years—40 years—in an attorney. A person needs to go talk is fundamental to economic develop- achieving. ment in our Western States. to one of the four Federal land manage- We have included a major priority for I also wish to lay out what this pack- ment agencies to get approval for their Arizona. This is an issue Senator LAN- age is as well as what it isn’t because request, and they are not done there. DRIEU spoke to, an extensively nego- I think there have been some mis- Then a person needs to go see their tiated land exchange led by Senator conceptions about what is contained in Congressman and their Senator be- MCCAIN and Senator FLAKE. I know this. I also want to provide a little bit cause they need Federal legislation to Senator MCCAIN has been working on of insight into the process by which we make it happen. It honestly takes an this for a decade to find a way to re- crafted this and why it is now time for act of Congress. In the East, in places sponsibly open a copper deposit that the Senate to do what the House has where land ownership is different than could meet 25 percent of our country’s already done in passing it by a very it is in the West, people can handle all needs while at the same time taking overwhelming margin. of these conveyances. We can work incredible care to protect and maintain But before we get into the substance through some of what we are seeing in access to cultural resources and tradi- of some of these measures, I think the this public lands package. We can do it tional uses of those lands. Senate needs to understand why we through private transactions. But in There is another provision that re- want this package, why we need to pass the West, it takes an act of Congress lates to Nevada which also facilitates it now rather than waiting until the for a land conveyance. development of a different copper next Congress or perhaps the one after That is why we see hundreds of pub- mine. But now think about this. We are that or perhaps whenever we have a lic lands bills introduced each Con- going to have an opportunity in Ne- slow day around here. So I will proceed gress. It underscores why their passage vada and in Arizona to extract copper. to the basics of some of this. is so critical to economic development Our military needs copper. The con- It is probably best described by just and to job creation in our country. I struction industry needs copper. The looking at the map. The dominant have to admit, I am pleased the Sen- automotive industry needs copper. The landowner in the United States is the ator from New Mexico is in the chair renewable energy industry needs cop- Federal Government. The Federal Gov- today, coming from a State such as per. There are so many benefits to be ernment, like it or not, owns roughly New Mexico, which is at 41.77 percent. had here. 640 million acres of land. That is more The Presiding Officer knows full well We have some provisions that are than one-quarter of our country that is what we are talking about when we contained in this package that perhaps held by the Federal Government. Nine- talk about the imperative of our com- generate fewer headlines but are still ty-three percent of these lands are munities that are asking for a little re- hugely important for local commu- clustered in just 12 Western States. So lief when it comes to a land convey- nities. Probably the best example of

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.101 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6527 this is a provision for a school in Min- were sponsored by a House Republican. initial House-passed NDAA. These were nesota. This is a measure we have been Some have been endorsed by a Gov- provisions that were primarily the Sen- working on with Senator FRANKEN. But ernor or a State legislature. With oth- ate Energy and Natural Resources it facilitates a land exchange of just 1 ers, we are simply making it official. Committee’s jurisdiction. acre—1 acre to a school in Minnesota— Nearly half of what would become wil- We have seen in the past the NDAA a single, lonely acre. We probably have derness is already managed as if it bill include public lands packages. It people saying, So do we really have to were wilderness. It is in wilderness has happened enough times that the pass a bill in order to make that hap- study areas or it is in roadless area House leaders actually name the House pen? The simple answer is yes. That is designation. Resources Committee as official con- why we are here. That is why we are in- This is not a zero-sum game because ferees to it. But I think what is very cluding these provisions—so many pro- we should be focused on the productive important for us to remember about visions—in this very important bill. value of our public lands above all else. this lands package is that what we I also want to mention what the But for those who are kind of keeping have done, this effort, has taken no package is not—what it does not do, score—is this acre per acre—I want to time and no funding away from our what it does not contain, and some of remind people that the package trans- military or our veterans, nor has its in- the parade of horribles that certain fers almost 110,000 acres of Federal land clusion held the NDAA back for a sin- groups have been saying that in fair- into State or private hands through gle moment here. ness, they are not looking again to the conveyances, exchanges, and sales. We I think we would all prefer a process balance we have achieved with this are also releasing more than 26,000 where we could take the time to bring overall package. acres of land from wilderness study We saw some rightful concerns back into multiple use. Examples of up Senator BENNET’s bill on the floor emerge before this title was finalized. what those lands could be used for in- and talk about it and have him tell us Everybody’s ears always perk up when clude building of transmission lines or about all the magic of this region, but they hear ‘‘public lands package,’’ won- motorized recreation. we haven’t seen that in this body in far dering what it is going to be. But we I know some have raised issues about too long. I would prefer that process have seen some inaccurate criticisms the various studies that are contained where all these bills could be consid- emerge even after the release. It is one within the bill which, in my view, are ered individually on their own, but thing if they haven’t seen what is in it. more a matter of due diligence than know that we have reviewed every- It is another thing to look at it and anything else. Because a further act of thing closely. This is a revenue neutral then be critical of it. Congress will be required before any package. We found the right balance As I mentioned earlier, this is a bal- new park, any new museum or wild or and reached bipartisan and bicameral anced, revenue-neutral package. We scenic designation can be established, agreement. We don’t need to start over. have taken great care to make sure it and then we have the funding aspect of We don’t need to be working these is not all focused on new wilderness, it as well. So, again, these are studies. same bills in a new Congress. We don’t new parks. In Western States, and par- This is not the creation of a new mu- need to see a groundhog’s day with so ticularly coming out of Alaska, we are seum. This is not the creation of a new many of these measures that are small just not going to have the support we park. These are studies. but are so important to these Western need if it is all focused on wilderness I think it is also important to reit- States. It is time to finish this. It is and parks, so it is not. There is a con- erate that we have taken great care to time to pass these reasonable meas- servation piece, absolutely, and it is a protect private property. We have for- ures. So I would encourage the Senate strong conservation piece, and I think bidden the use of eminent domain and to support this package as part of the it is a good, balanced one. But we also the condemnation of private property. larger NDAA bill so that we can fulfill have the very important development We have also set a positive precedent our responsibility to those in the West- piece that is critical to what is con- by eliminating the potential use of ern States and those who have public tained within. buffer zones around designated lands. lands that we are happy to have, but To those who have spoken out Again, I am going to say it one more we also need to know we can have a against creating new national parks, time: This package is the result of bi- level of responsiveness within our sys- given the maintenance backlogs that I partisan and bicameral negotiation, tem to allow us to work those lands. think we recognize—it could be as high weeks of meetings amongst Members I yield the floor. as $20 billion. I get it. I agree with Sen- and staff of the committees of jurisdic- The PRESIDING OFFICER. The Sen- ator COBURN that we must address the tion, the committees that have crafted ator from Colorado. backlog issues, the maintenance issues, the overall NDAA bill, leadership in Mr. BENNET. Mr. President, I would and I thank him for the scrutiny he both Chambers, and many individual like to thank the Senator from Alaska and his staff have given to this issue Members. for her tireless efforts on the lands bill and the report they came out with. We For those who would suggest that and the NDAA bill and the bipartisan are going to be working to address that this package was somehow hastily as- spirit she brought to all of these nego- in a manner that is constructive and sembled, that this is some kind of rush tiations over a long period of time. She long term. I want to reduce the back- to judgment, it is at the end of a very is to be commended for it. I don’t think logs, and we will do it. long and actually a very traditional Again, this has been judged to be rev- process. We have considered, debated, we would be anywhere close to where enue neutral. Through its passage, we and amended these provisions over the we are without her work. I thank her could make progress on the backlog course of Congress using the com- for that. issue. mittee process and the House and Sen- I am here to speak briefly about the One provision that is contained in ate floor when we could. Every bill Intelligence Committee’s report on the the bill that will help is the authoriza- within this package has been reviewed CIA’s interrogation methods. I support tion of a National Park Service com- by the committees of jurisdiction. We the committee’s decision to release the memorative coin. There are 75 Sen- are not hopscotching over anybody. At report. As a country, it shows we have ators who are cosponsors that will least 30 bills have passed the House and the courage to face the truth no matter allow for additional funds to be raised. 7 have passed the Senate. Even though how ugly that truth may be. Colo- Senator COBURN has a measure in here we haven’t devoted time to a large radans need to know the truth. The that will allow for appropriate recogni- package of individual bills, some of American people deserve to know the tion of volunteers to our national these provisions have been considered truth. Our willingness to face this dif- parks. We have also tailored this pack- in multiple Congresses. You may look ficult truth reminds us that we live age to include the wilderness provi- through the list, and they look like re- and we are lucky to live in the most sions, but it is a discrete number. All runs. It is because we have tried, and open and transparent democracy the of these have strong local and congres- the process didn’t allow for full com- world has ever known. Unlike the acts sional support. We are looking at less pletion. brought to light by the Intelligence than 250,000 acres in all, and actually What we have with title 30 builds Committee report, the willingness for from a practical perspective, far less upon the lands and natural resource self-examination is something to be than that. Most of these provisions provisions that were included in the celebrated about America.

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.102 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6528 CONGRESSIONAL RECORD — SENATE December 10, 2014 The report will be the subject of sig- and human dignity are what brought proceed to a period of morning busi- nificant debate over the coming weeks my mother and her family to the ness, with Senators permitted to speak and months and maybe even years, as United States after surviving the hor- for up to 10 minutes each. it should be. Nobody should be cavalier rors of the Holocaust in Poland. It was The PRESIDING OFFICER. Without about the risks that are associated a place that they called beautiful objection, it is so ordered. with the release of this information, America, as much an idea as it was a f but this is a discussion our country place to them. Torture is repugnant to TRIBUTE TO needs to have. these fundamental American ideals. Although I am still reviewing the re- It is often said that the strength of Mr. LEAHY. Mr. President, James port, a couple of things are pretty clear our democratic institutions is tested Baker has served the State of Vermont at the outset. during times of crisis. Understanding with great distinction over many First, the use of so-called enhanced what happened and ensuring we won’t years, and I was saddened when he an- interrogation techniques failed to se- use torture again will help our demo- nounced his retirement in 2009 after 3 cure accurate information or coopera- cratic institutions persevere in the fu- decades with the Vermont State Po- tion from detainees. The very first ture and serve future generations as lice. To no one’s surprise, he finished finding of the report says: well as the generations that were here his tenure there at the top, as com- While being subjected to the CIA’s before. It will demonstrate that we are mander. enhanced interrogation techniques and better and we are stronger than our en- But we knew retirement would not afterwards, multiple CIA detainees fab- emies. It will ensure that our uniquely last long for a man of his talents. ricated information, resulting in faulty American values will continue to in- In 2010, Jim Baker answered the call intelligence. Detainees provided fab- spire people like my mother and her to step in where he was most needed, ricated information on critical intel- parents all across the globe. taking the helm of the Rutland City ligence issues, including the terrorist I yield the floor. Police Department when the depart- I suggest the absence of a quorum. threats which the CIA identified as its The PRESIDING OFFICER. The ment and the community were beset by highest priorities. clerk will call the roll. turmoil. Chief Baker’s leadership and Not only has torture not made the The assistant legislative clerk pro- loyalty was infections, and his plan to country safer, it may have made us less ceeded to call the roll. serve for only a few months turned into safe—at least according to this report. Mr. BENNET. Mr. President, I ask a few years. Second, the report reveals that the unanimous consent that the order for During that time, Chief Baker pulled CIA withheld information from the the quorum call be rescinded. together a team of committed neigh- FBI, the State Department, and the Di- The PRESIDING OFFICER. Without bors, businesspeople and community rector of the Office of National Intel- objection, it is so ordered. organizers to face the challenges head- ligence. It denied access to detainees HAVEN ACT on. They tackled blighted neighbor- and provided inaccurate information Mr. REED. Mr. President, I ask unan- hoods and encouraged new investment. about the interrogation tactics. Infor- imous consent to engage in a colloquy They sent a strong message to drug mation was withheld from former Sec- with my colleagues Chairman LEVIN of dealers: NOT in our community. And retary of State Colin Powell out of con- the Committee on Armed Services and they developed a statistical mapping cern he would ‘‘blow his stack if he Chairman JOHNSON of the Committee system to reduce crime in the city’s were to be briefed on what’s been going on Banking, Housing, and Urban Af- worst-hit blocks. This effort, known as on.’’ The CIA repeatedly misled Con- fairs. ‘‘Project VISION,’’ has shown great gress and impeded oversight by its own The PRESIDING OFFICER. Without success. inspector general. objection, it is so ordered. With Rutland now on a steady The report rebuts any notion that Mr. REED. I join with my colleagues course, one might think Chief Baker these brutal tactics led to actionable to speak about the inclusion of the would again be thinking of retirement, intelligence that made our country HAVEN Act in the National Defense but that will not be the case. Instead, safer. It highlights the lengths to Authorization Act we are considering Jim Baker will be bringing his leader- which people systematically misled today. The HAVEN Act, which I spon- ship talents to Washington D.C., where other agencies, the Congress, and for sored along with Senator JOHANNS, au- he will serve as director of law enforce- years the American people. But most thorizes a pilot program to help make ment and support with the Inter- significantly, this report—and I thank repairs or modifications that are nec- national Association of Chiefs of Po- the Presiding Officer for his service on essary for disabled or low-income vet- lice. the Intelligence Committee. It is a erans to stay in their homes. The Rutland’s loss is our Nation’s gain. I committee that by definition people HAVEN Act lies within the jurisdiction look forward to a continued working can’t learn very much about, and I of the Committee on Banking, Housing, relationship with Jim, and thank him and Urban Affairs, to which it has been know it takes a lot of time and an for his dedication and leadership to the referred. However, working in close co- awful lot of work that can go under- State of Vermont. I ask that the fol- ordination with the chairman of the appreciated. But this week we are lowing profile of Jim Baker, which re- banking committee, we were able to in- learning why the work on that com- cently appeared in the Vermont weekly mittee is so important. clude this measure in the NDAA bill, in recognition of its potential to assist Seven Days, be printed in the RECORD. Most significantly, as I was saying, There being no objection, the mate- this report has reminded us that the veterans of our armed services who are in need; isn’t that correct, Chairman rial was ordered to be printed in the use of torture is completely at war RECORD, as follows: JOHNSON? with who we are as a country and the Mr. JOHNSON of South Dakota. Sen- [From Seven Days, Nov. 19, 2014] ideals we hold. Throughout our coun- ator REED is correct, I thank him for INFLUENTIAL POLICE CHIEF HAS A NEW GIG try’s history, our American values— working with me on this matter and (By Mark Davis) the notion that all people are endowed for his continued advocacy on behalf of When Jim Baker first took over Rutland’s by their Creator with certain veterans. scandal-plagued police department in the unalienable, sustainable rights—have Mr. LEVIN. I would like to thank winter of 2012, he had a running joke with sustained us through our most difficult both Senator REED and Chairman the mayor. times. They helped us triumph in JOHNSON for working with our com- In department-head meetings during which World War II and eventually led to the mittee to include the HAVEN Act a particularly vexing problem arose, Baker fall of communism during the Cold within the bill we are considering would hold up his city-issued notebook and point to the first word of his job title. War. They have attracted millions of today. immigrants to our shores. They in- ‘‘Mayor, mayor, look—‘interim,’ OK?’’ Baker f would say to Mayor Chris Louras. ‘‘That spired generations of Americans to rec- MORNING BUSINESS question is for the next guy.’’ tify the inequality that exists in their Baker, a former head of the Vermont State own time to create a more perfect Mr. BENNET. Mr. President, I ask Police, initially signed on for a six-month union. In fact, the values of democracy unanimous consent that the Senate stint as Rutland’s chief of police. Nearly

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.105 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6529 three years later, he still occupies the corner year-old Rutland man passed out while driv- ation in the city and have been responsible office at the Rutland police station. ing through downtown, as a result of inhal- for most of the prosecutions against promi- Baker is widely credited with stabilizing ing gas from an aerosol can. His foot re- nent drug dealers operating there. Vermont the department, initiating a statistics-based mained on the accelerator, and, moving at 80 Attorney General Bill Sorrell tasked one of policing program and rallying dozens of com- miles per hour, he slammed into a bank of his prosecutors to focus exclusively on Rut- munity groups to fight the city’s drug prob- parked cars outside the Discount Food and land; assistant attorney general Ultan Doyle lem. ‘‘He was the driving force not just to Liquidation Center. Carly Ferro, a 17-year- works out of the downtown police station. turn around a dysfunctional department but old Rutland High School senior, had just Its porn scandal may be over, but the de- in helping the renaissance of the city,’’ worked a shift in the store and was walking partment still isn’t perfect. Louras said. ‘‘It would not have happened to her father’s car when she was struck and In September, two officers were suspended without him.’’ killed. after a brawl outside a Rutland bar. But now, talk of the ‘‘next guy’’ is no joke. ‘‘That was the tipping point,’’ Baker said. In a pending lawsuit filed in January 2013, Although the mayor had started prelimi- ‘‘That was the single incident where people Andrew Todd, a former Rutland police officer nary contract discussions to keep Baker in the community said they had finally had and now a Vermont State Police trooper, de- around for a couple more years, the chief de- enough and starting rallying around the po- scribes a culture of police misconduct and cided it was time for something less stress- lice department and the neighborhoods.’’ cover-ups, and alleges that superiors sub- ful. In December, Baker is leaving for a posi- To tackle Rutland’s growing list of urban jected him to racial abuse. tion with the International Association of ills, Baker and a few others organized reg- Todd, who is African American, claims he Chiefs of Police, a Washington, D.C., think ular meetings with housing agencies, social brought several concerns to higher-ups but tank. workers, neighborhood activists, lawyers, ‘‘I burn a lot of jet fuel when I get into a that little was done. The alleged misconduct, mental health experts, educators and city situation like I found here,’’ said Baker, who including officers stealing, having sex and hall workers. has preferred working short stints—no sleeping while on duty, occurred before The group that formed called itself Project longer than a few years—during his lengthy Baker came to Rutland. Though Todd left VISION—Viable Initiatives and Solutions law-enforcement career. The D.C. oppor- the department before Baker arrived, he has through Involvement of Neighborhoods—and tunity, he said, will enable him to engage in alleged that Baker tried to ‘‘influence’’ an focused on problems related to drugs, crime, national and international issues on a less outside review of the Rutland police depart- housing and jobs. Its monthly meetings, demanding schedule. ment. A New York native and Southern Vermont which attracted 70 to 100 people, helped build Baker declined to comment on the lawsuit. College graduate, Baker methodically public support for a methadone clinic that In three years, nearly half of the depart- climbed the ladder during the 30 years he opened earlier this year, among other initia- ment’s roster has turned over, through worked at Vermont State Police. He held tives. firings and attrition. Baker says he is proud nearly every position there, including direc- Seeking further collaboration, Baker in- of the holdovers who were willing to adapt to tor, before retiring in 2009. vited mental health workers, social workers, his methods. ‘‘It would have been very easy Baker says it is unlikely he’ll ever stop prosecutors, probation officers and domestic for those folks to bunker down, wait me working. After leaving the state police, he violence experts to relocate their offices to out,’’ Baker said. ‘‘My track record is pretty launched a consulting business and became the police station. clear—I don’t stay anywhere very long.’’ something of a Mr. Fix-It for Vermont law Meanwhile, inside the police force, the The mayor is intent on continuing Baker’s enforcement. Then a scandal rocked the chief aimed to strengthen relations with legacy. Guiding the search for a new chief, Vermont Police Academy: A training coordi- residents and institute smarter enforcement. Louras said, will be his or her ability to nator committed suicide after his computers He helped create a crime-mapping project adopt Baker’s methods. were seized during a child-pornography in- that plotted the details of every police call— That includes the continuation of Project vestigation. It prompted the director of the whether for a family fight or a noise disturb- VISION. In recent months, Baker handed off academy to resign, and in 2010, Baker took ance—into a database. Every two weeks, offi- much of his work there to Capt. Scott Tuck- over that job for several months with the in- cers and members of Project VISION re- er. The community agencies that populate tention of rooting out problems and improv- viewed ‘‘hot spots’’ and developed strategies the top floor of police headquarters aren’t ing morale. to defuse them. going anywhere. And the monthly Project Next Baker spent a few months as interim Baker also instructed his officers to stop VISION meetings still attract a crowd. police chief in Manchester. That’s when measuring success by arrest numbers. ‘‘We’re ‘‘You can’t lead,’’ Baker said, ‘‘if no one is Louras and Rutland Police Commissioner not focused on arrests or how much drugs following you.’’ Larry Jensen came calling. They convinced were seized, but on working through prob- Baker to come aboard for six months to help lems,’’ Baker said. f ‘‘settle down’’ a department in the midst of When his first six-month contract was up, THANKING CURRENT AND PAST Baker signed a one-year extension, then two its own scandal. DEMOCRATIC STAFF OF THE The Rutland force had been in disarray more, the last of which paid him $125,000 a since 2010, when state police busted former year. ‘‘I saw some opportunity, that I SENATE SELECT COMMITTEE ON sergeant David Schauwecker for viewing por- thought I could contribute,’’ Baker said. ‘‘I INTELLIGENCE nography on his work computer and remov- found out there were some people in the Mr. REID. Mr. President, I rise to ing a pornographic video from an evidence community working very hard to get it thank the current and past Democratic right.’’ locker for personal use. After he accepted a staff of the Senate Select Committee plea deal, Schauwecker was fired. Rutland Among them was Linda Justin. A Rutland aldermen urged the police commission to do native who had become increasingly dis- on Intelligence for their hard work and the same to then-chief Tony Bossi, but they traught by the city’s decline, she and her diligence on the Committee Study of said no; Bossi finally resigned in early 2012. husband, Bill Beckim, cashed out their the Central Intelligence Agency’s De- The Rutland Herald asked for documents 401(k), bought a derelict building in Rut- tention and Interrogation Program. related to the investigation, but the city’s land’s Northwest neighborhood, and in Janu- Committee staff spent 7 years pre- police department refused. So the newspaper ary 2013 opened the Dream Center, where paring the report, going through more sued—and won: In 2013, the Vermont Su- they host youth groups, prayer sessions, than 6 million pages of documents and preme Court ordered the department to re- meetings, block parties and free meals. One lease the records, which revealed that, years day, Justin called Baker looking for an an- writing a final report that is over 6,700 earlier, two other Rutland officers had also swer to a neighbor’s question. pages, including 38,000 footnotes. Staff watched porn on the job. After talking for a while, Baker realized, worked incredibly long hours over Meantime, the city wasn’t faring much ‘‘Oh my gosh, you guys are doing what we’re many years and sacrificed time with better than its police department. Once a talking about doing,’’ the chief recalled. their families and friends. They over- boomtown fueled by railroads and a marble Baker started to join Justin and Beckim came significant obstacles to put out quarry, Rutland’s economy had lagged for on their neighborhood walks, chatting with this report. They took no short-cuts in decades. Out-of-state drug dealers moved in residents about problems and their ideas for as property values plummeted, downtown making things better. ‘‘He doesn’t just sit in their research. And they took no lib- went dormant and vacant buildings pro- his office and direct,’’ Justin said. ‘‘He gets erties with the facts. liferated. Drugs had decimated large swaths his hands right in it. He’s a real person. He’s The staff produced a report of his- of the city long before Gov. Peter Shumlin down-to-earth.’’ toric importance, which will be studied devoted his 2014 State of the State address to And while no one is declaring victory, offi- for many years to come. Because of Vermont’s ‘‘opiate epidemic.’’ cials say Rutland is improving. Calls for po- their work, the true facts about the Known throughout Vermont as ‘‘Rut- lice service have dropped since Project VI- CIA’s interrogation program under SION launched, and Baker said the depart- Vegas’’—a moniker that Baker forbade his President Bush are now available for officers from using inside the station—the ment is registering double-digit drops in bur- city was the brunt of countless jokes. glaries and property crimes this year. all Americans to understand. Because Then, in September 2012, a tragedy illus- Rutland police have had a lot of help. Fed- of their work, we as a country can trated the severity of the city’s plight. A 23- eral authorities conducted a three-year oper- commit that never again will we repeat

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.057 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6530 CONGRESSIONAL RECORD — SENATE December 10, 2014 these mistakes. This report, and the McDonald’s cheeseburgers. In an era agency is charged with investigating work of the staff, is an outstanding ex- where far too many are stuck on talk- transportation-related accidents and ample of the constitutional oversight ing points, Judy said what she thought making recommendations aimed at role that the Senate can and should and did it with style. preventing future events. In order to play. In a political world of cocker spaniels best meet its goal of improving safety I want to particularly thank David she could be a bulldog taking a bite out across our Nation’s transportation sys- Grannis, the committee’s staff director of both Democrats and right-wing Re- tem, the NTSB must ensure safety rec- and Daniel Jones, the lead staffer and publicans without missing a beat. She ommendations are reasonable, bal- author of much of the report. Many was a blue-collar, immigrants’ kid who anced and evidence-based. The agency’s other committee staffers past and lit up the room with her quick wit and investigative and advocacy responsibil- present participated in producing the boundless energy. ities must be considered in light of the report including: Evan Gottesman, Illinois lost someone special. My unique and diverse safety challenges Chad Tanner, Alissa Starzak, Nate prayers and thoughts go out to her son confronting our States, where innova- Adler, Jennifer Barrett, Nick Basciano, Joseph, her new granddaughter Alex- tive and tailored solutions can often Michael Buchwald, Jim Catella, Eric andra Faith, and the rest of her family. more effectively reduce or eliminate Chapman, John Dickas, Lorenzo Goco, f the likelihood of future incidents or in- Andrew Grotto, Tressa Guenov, Clete jury versus a one-size-fits-all approach. NOMINATION OF THO DINH-ZARR Johnson, Michael Noblet, Michael Toward this end, NTSB must place a Pevzner, Tommy Ross, Caroline Tess, Mr. CORNYN. Mr. President, today I high priority on transparency and ac- James Wolfe, and Andy Johnson. address the Senate on the nomination countability, working to ensure com- of Dr. Tho ‘‘Bella’’ Dinh-Zarr of Texas f munities, individuals, small businesses, to be a Member of the National Trans- and all others impacted by its work are REMEMBERING JUDY BAAR portation Safety Board, NTSB. provided adequate opportunities to be TOPINKA Dr. Dinh-Zarr is uniquely qualified to heard. Mr. DURBIN. Mr. President, today I serve as a Member of the NTSB. Dr. I am confident that Dr. Dinh-Zarr is pay tribute to one of Illinois’ great pio- Dinh-Zarr currently holds the position up to the challenge. She will not only neers, State Comptroller Judy Baar of Director of the U.S. office of the FIA bring to the position a wealth of Topinka. Judy passed away suddenly Foundation, an independent nonprofit knowledge and experience, but also a last night at the age of 70. She was the charity based in the United Kingdom Texan’s sense of compassion and dedi- only woman in our State to hold two which supports activities that promote cation to the service of others. I am State constitutional offices, and her international road safety research and pleased to join her friends and family, leadership built bridges for countless sustainable mobility. I have been in- members of Vietnamese American women. formed that, prior to assuming her cur- community in Texas and across the Born in 1944 to William and Lillian rent role, Dr. Dinh-Zarr also served as country, and many others in support of Baar, Judy and her family lived in Riv- the Foundation’s Road Safety Director this well-qualified nominee. erside, near Cicero and Berwyn, two from 2007–2014. Dr. Dinh-Zarr has ex- f blue-collar Chicago suburbs. Her moth- tensive professional experience with INSURANCE CAPITAL STANDARDS er ran a real estate business while her traffic and highway safety issues, CLARIFICATION ACT OF 2014 father fought in World War II. She working previously as Director of went to Northwestern University and North America’s Make Roads Safe Ms. COLLINS. I ask unanimous con- sent to engage in a colloquy with Sen- graduated with a degree in journalism Campaign for Global Road Safety, a ators BROWN and JOHANNS. from the university’s Medill School in scientist at the National Highway and The PRESIDING OFFICER. Without Traffic Safety Administration, and as 1966. objection, it is so ordered. Judy became a reporter for a subur- National Director of Traffic Safety Ms. COLLINS. Mr. President, in June ban Chicago newspaper chain and rose Policy for the American Automobile of this year the Senate passed by unan- through the ranks to editor. But in Association. imous consent, S. 2270, urgent legisla- I would like to highlight some of Dr. 1980, she decided to run for the Illinois tion I introduced with Senators BROWN Dinh-Zarr’s connections to our shared House. She said she ran because the and JOHANNS to address the capital re- corrupt officials were ignoring the home State of Texas—in particular, her quirements that apply to insurance community. education and work experience at some companies under Federal supervision Her trademark humor and her work of our well-known academic and re- pursuant to the Dodd-Frank Act. This ethic served her well and she went to search institutions. Dr. Dinh-Zarr and legislation clarifies the Federal Re- serve as State senator from 1985 until her family escaped Vietnam in 1975, serve’s authority to recognize the dis- 1995. In 1994, she became the first eventually taking up residence along tinctions between banking and insur- woman in Illinois history to hold the the Gulf Coast in Galveston, TX. From ance when implementing section 171 of post of State treasurer and then went an early age, Dr. Dinh-Zarr developed the Dodd-Frank Act, ensuring that on to set another first as the only an awareness of the region’s extensive bank-centric capital standards are not State treasurer to be reelected to three multi-modal transportation network applied to such companies’ regulated consecutive terms. Judy was a consum- and the importance of rail, marine, and insurance activities. mate public servant. A few weeks ago, pipeline safety in her community. One One of the central elements of the she was re-elected as State comptroller of her first jobs was working at the Dodd-Frank Act was stronger capital and was about to start her second Galveston Railroad Museum, an insti- rules for both banks and certain non- term. tution dedicated to preserving the re- bank financial institutions. Two sec- Judy never shied away from taking gion’s storied history of rail transpor- tions of the Dodd-Frank Act accom- tough stands or making the hard deci- tation through educational exhibits plished this—section 165, which applies sions. When it was not popular among and programs. Dr. Dinh-Zarr earned to large bank holding companies and to many in her party, she was an advocate both a Masters of Public Health and a non-bank systemically important fi- of women’s rights and gay rights. When Ph.D. in Health Policy and Injury Pre- nancial institutions, SIFIs, and section both parties needed to be held account- vention from the University of Texas 171, which applies minimum capital able, she was fearless. She was always School of Public Health. She is a grad- standards to insured depository insti- a straight talker. uate of Rice University and worked as tutions, depository institution holding She was one of a kind. Judy could a Research Associate at the Texas companies, including insurance savings play the accordion, and she spoke four A&M Transportation Institute, TTI, and loan holding companies, and to languages—English, Czech, Spanish, widely recognized as one of the premier SIFIs. and Polish. She loved dance polkas and transportation research agencies in the Insurance companies, specifically in- really was Illinois’ Polka Queen. Any- country. surance savings and loan holding com- one who knew her also knew about her The NTSB plays a critical role in ad- panies, are different from banks. Insur- beloved dogs and their preference for vancing transportation safety. The ers must match long-term obligations

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.110 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6531 to their policyholders with long-term that the State risk-based capital rules Accepted Accounting Principles, assets, mostly bonds, while banks have performed well during the financial cri- GAAP, all insurance companies in the more callable obligations—securities sis. United States—whether in mutual or and loans and mortgages—and fund The bill allows the insurance capital stock form of organization—are re- them with deposits as well as a mix of requirements that have been effective quired by their State insurance regu- debt and equity of varying maturities to continue to determine the capital lators to utilize an accounting method and durations. The Dodd-Frank legisla- requirements for the activities of in- known as Statutory Accounting. In- tion reflected this reality, both in its surance companies and groups that are deed, most mutual insurance compa- text and in the legislative history, supervised by the Federal Reserve nies only use Statutory Accounting in which repeatedly recognizes that the Board. Furthermore, activities of a preparing their financial statements. business of insurance is unique and pre- holding company supervised by the Statutory Accounting Principles, sents different risks. Federal Reserve Board that are not the SAP, are generally more conservative Mr. BROWN. I and other original co- business of insurance would remain than GAAP because they are specifi- sponsors and strong supporters of S. subject to the capital standards under cally designed to promote insurer sol- 2270 have, like you, been disappointed section 171. In determining insurance vency and the ability to pay claims in- by the regulators’ failure to recognize versus non-insurance activities of a su- stead of measuring an insurer’s value that they have the authority to imple- pervised entity, the legislation pro- as a going concern. SAP does not allow ment the Collins amendment as it ap- vides regulators with the flexibility to a number of non-liquid or intangible plies to insurers in a manner that tai- tailor the rules for certain affiliates or assets to be included on an insurer’s lors the capital requirements for insur- subsidiaries of insurance companies balance sheet and provides less favor- ers to reflect the substantial dif- that are necessary to the business of able accounting treatment for certain ferences between insurers and deposi- insurance, including, for example, af- expenses. In both the text of the Dodd- tory institutions. We continue to be- filiates or subsidiaries that support in- Frank Act and its legislative history, lieve that the regulators could solve surance company general and separate Congress recognized the acceptability this problem using their existing au- accounts. of SAP for holding companies engaged thority. This legislation shows that Our legislation defines ‘‘business of in insurance activities coming under there is strong bipartisan support for insurance’’ by reference to section 1002 Federal Reserve jurisdiction. Specifi- addressing this issue. As you know, 31 of the Dodd-Frank Act, and under this cally, Congress 1) directed the Federal of your colleagues and I cosponsored definition the business of insurance Reserve to rely on existing reports and the bill, and the legislation passed the means ‘‘the writing of insurance or the information provided to State and Senate with unanimous support in reinsuring of risks by an insurer, in- other regulators (which for insurance early June. cluding all acts necessary to such writ- companies would have been prepared S. 2270 is narrowly crafted to only ad- ing or reinsuring and the activities re- according to SAP); and 2) included Sen- dress this issue as it relates to insur- lating to the writing of insurance or ate report language stating that Fed- ance companies and insurance savings the reinsuring of risks conducted by eral Reserve assumption of jurisdiction and loan holding companies. If you are persons who act as, or are, officers, di- over savings and loan holding compa- a bank, or another entity that owns a rectors, agents, or employees of insur- nies engaged in the business of insur- bank, you will be subject to the full ers or who are other persons authorized ance did not reflect a mandate to im- force of the Collins amendment for to act on behalf of such persons.’’ The pose GAAP. However, in proposed your banking activities. At the same reference to this definition of the rulemakings, the Federal Reserve ex- time, if you are a financial organiza- ‘‘business of insurance’’ will help en- pressed its intention to require all tion engaged in insurance which is also sure that insurance activities of feder- companies to eventually prepare GAAP engaged in bank activities, including ally supervised companies are subject financial statements-consistent with derivatives market making, those ac- to tailored capital rules, whether those their existing model for all bank hold- tivities would be subject to the Collins activities are undertaken by the insur- ing companies. Imposing such a man- amendment. ance companies themselves or by their date on companies using only SAP To accomplish the goal of directing affiliates or subsidiaries on their be- would cost insurers a substantial the Federal Reserve to tailor rules for half. amount to take on multi-year financial insurance, our legislation permits the Ms. COLLINS. We also want to en- projects yielding minimal, if any, su- Federal Reserve to create a non-Basel sure that the Federal Reserve uses its pervisory benefit to regulators. III regime for the insurance operations authority to tailor capital rules for in- S. 2270 makes clear that under Sec- of supervised entities. The legislation surance operations of entities under its tion 171 of the Dodd-Frank Act and the allows the Fed to work with State in- supervision, regardless of the size of Home Owners’ Loan Act, such a man- surance regulators to develop appro- the subsidiary insured depository insti- date is inappropriate where the holding priate insurance-based capital stand- tution. As we have stated, under this company is a non-publicly traded in- ards for insurance activities. legislation and under current law, the surance company that is only required Mr. JOHANNS. I am an original co- Basel banking regime and the Collins to prepare and file SAP statements. sponsor of this legislation and appre- amendment requirements will continue Nothing in this provision prevents the ciate your long-standing partnership to apply to all insured depository insti- Federal Reserve from obtaining any in- on this issue. The bill clarifies that, in tutions. It would be at odds with sound formation it is otherwise entitled to establishing the minimum leverage public policy and the intent of this leg- obtain from a SAP-only insurer. capital and risk-based capital stand- islation for the Federal Reserve to im- Ms. COLLINS. Mr. President, I and ards under section 171, the Federal Re- pose a Basel banking capital regime on the many other supporters of S. 2270 serve Board is not required to include the entire enterprise of an insurer that are pleased that this legislation has activities or companies that are en- happens to also own a sizable insured passed the Senate. It is critical that gaged in the business of insurance and depository institution—the depository this legislation be enacted this year. are subject to State insurance regula- institution in that operation will al- We look forward to its enactment this tion, including State insurance capital ready be subject to banking rules, but year and working with regulators as requirements. Similarly, regulated for- the insurance operations should not be. they implement appropriate, tailored eign affiliates or subsidiaries engaged Mr. BROWN. Another important pro- capital rules for insurers under their in the business of insurance and sub- vision of our legislation addresses the supervision. ject to foreign insurance regulation issue of insurance accounting for a f and foreign insurance capital require- small number of non-publicly traded ments that have not been deemed to be insurance companies. While every pub- NEWBORN SCREENING SAVES inadequate also may be excluded from licly traded company in the United LIVES REAUTHORIZATION ACT section 171 capital standards. We be- States is required by the Federal Secu- Mr. HATCH. Mr. President, I applaud lieve it is worth noting that the Gov- rities laws to prepare consolidated fi- the passage of the Newborn Screening ernment Accountability Office found nancial statements under Generally Saves Lives Reauthorization Act.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.116 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6532 CONGRESSIONAL RECORD — SENATE December 10, 2014 Across the United States, newborns are Some have estimated that the cost of need to be improved or reformed, the screened routinely for certain genetic, the last crisis was $17 trillion—with a appropriate Senate committees should metabolic, hormonal and functional ‘‘t’’. To the families across the coun- review, evaluate, and modify them. disorders. Most of these birth defects try, it meant lost jobs, home fore- They should be given time on the Sen- have no immediate visible effects on a closures and reduced home values for ate floor for further review and im- baby but, unless detected and treated those who did not lose their homes. Far provement. The proponents of this leg- early, they can cause serious physical too many of my constituents, far too islation should explain why they think problems, developmental disability many Americans, are still struggling that deregulating swaps—before we and, in some cases, death. to recover. It was all enabled by Con- ever started re-regulating them—is the Fortunately, most infants are given a gress passing a financial regulatory right course of action. They should ex- clean bill of health when tested. In provision with little consideration, plain why taxpayers should run the cases where newborns are found to tucked inside a funding bill. risk of bailing out risky swaps trades have metabolic disorders or hearing We enacted the Dodd-Frank Wall gone bad. They should explain why, de- impairment, early diagnosis and proper Street Reform and Consumer Protec- spite the loss of millions of jobs and treatment are crucial in making the tion Act, in part, to address the signifi- trillions of dollars the last time Con- difference between healthy develop- cant risks posed by swaps and other fi- gress deregulated derivatives, this time ment and lifelong infirmity. nancial derivatives. Section 716 was a will be different. A legislative vehicle Newborn screening has been saving key component of the financial re- is the right place for considering these lives for more than 50 years, but pro- forms. That provision is titled ‘‘Prohi- issues, not an urgent appropriations grams vary from State to State. To ad- bition Against Federal Government bill. dress disparity among States’ newborn Bailouts of Swaps Entities.’’ It explic- f screening capabilities, Congress passed itly prohibited taxpayer bailouts of the original Newborn Screening Saves banks that trade swaps. It set out a TRIBUTES TO DEPARTING Lives Act of 2008, P.L. 110–204, legisla- plan to help achieve that goal, by re- SENATORS tion I sponsored with Senator Chris quiring bank holding companies to SAXBY CHAMBLISS Dodd. The law established national move much of their derivatives trading Mr. ENZI. Mr. President, as the cur- newborn screening guidelines and outside of their FDIC-insured banks. rent session of Congress comes to a helped facilitate comprehensive new- This provision has come to be known close it is our custom to take a mo- born screening in every State in Amer- as the ‘‘swaps push out’’ provision. ment to express our appreciation for ica and the District of Columbia. Four years after its enactment, how- the service of our colleagues who are Before passage, some States offered ever, banking regulators have yet to fi- retiring and will not be with us when as few as only four of the recommended nalize a rule to enforce compliance. Be- the next session begins in January. We tests, and only 11 States and D.C. re- fore they do, some in Congress want to will miss them all. Over the years their quired the recommended screening for relieve them of the obligation alto- experience and insights on a number of all disorders. Today, 42 States and D.C. gether. issues have been a very valuable part of require screening for at least 29 of the Some of the largest bank holding our debates and deliberations. 31 treatable core conditions, and both companies prefer to conduct their I know I will especially miss SAXBY parents and physicians are more aware swaps trades in their government- CHAMBLISS. His work here on the floor of the availability and necessity of backed, FDIC-insured banks because and in his committee assignments has newborn screening. played an important role in our consid- To maintain the important work of they have better credit ratings, which eration of a number of issues over the newborn screening programs, I am a means lower borrowing costs and years. Simply put, he has been a great proud sponsor of the Newborn Screen- therefore higher profits. But because ing Saves Lives Reauthorization Act of the activity is within the bank, it puts champion for conservative causes dur- 2013. This legislation will allow States the Federal Government—and tax- ing his service in the House and Senate to continue improving their programs payers—directly on the hook for those and he has made a difference for his to help medical providers promptly di- bets that, as we saw in the financial constituents in many, many ways. He agnose and treat conditions which crisis, can be unlimited in number, be- is a man of principle and he has a great could result otherwise in irreversible cause banks can create an unlimited gift for expressing his viewpoint in a brain damage, permanent disability, or number of ‘‘synthetic’’ derivatives re- thoughtful, clear and interesting man- death. lated to a particular financial asset. ner. He is so persuasive, in fact, that I very much appreciate and commend A couple years ago, JPMorgan Chase even if you disagree with him he makes the hard work of my colleagues and lost billions of dollars on a bad bet in you take a moment to reconsider your their staffs here in the Congress, the the credit derivatives markets. The position just to be sure you have not administration, and the public health Permanent Subcommittee on Inves- missed something. community to ensure that this pro- tigations, which I chair, conducted an Before he began his years of public gram will continue to help States pro- extensive investigation and issued a service to the people of Georgia, SAXBY vide critical, timely, and lifesaving 300-page bipartisan report with its find- proved to be the kind of individual who newborn screening for our youngest ings. JPMorgan’s risky trading by its would have been a success at just about Americans. bank was a disaster—costing the bank anything he decided to pursue. Fortu- nately, the path he chose to follow in f over $6 billion. It was receiving the taxpayer subsidy the whole time. his life brought him to the Nation’s DODD-FRANK REFORM To be clear, Section 716 does not cure capital to represent Georgia—first in Mr. LEVIN. Mr. President, 14 years all the risks posed by swaps. But it was the House of Representatives and later ago, Congress made a grave mistake. In an important part of the effort to pro- in the Senate. the dead of night, as part of the Con- tect us from another crisis. Along with SAXBY served four terms in the solidated Appropriations Act of 2001, the creation of the Consumer Financial House. It was a challenge that he en- Congress passed a little-noticed provi- Protection Bureau and the Merkley- joyed because it gave him a chance to sion that prohibited all meaningful Levin provisions on proprietary trad- sit on the committees that were taking oversight and regulation of swaps, ing and conflicts of interest, these re- a closer look at our intelligence orga- which then were the latest financial forms form the backbone of the Dodd- nizations to be certain they would be product in the fast-growing financial Frank Act’s safeguards. ready to face any future threats to our derivatives market. In that new regu- By repealing this provision, we would national security. Georgia was proud latory void, the swaps markets grew to ignore the lessons of the last financial to see that they had elected someone unprecedented size and complexity. It crisis and weaken Dodd-Frank’s protec- to Congress who was hard not to no- was the swaps market that ultimately tions against the next crisis. tice. He did such a good job, in fact, he lead to unprecedented taxpayer bail- American families and businesses de- was encouraged to run for the Senate. outs of some of the largest financial in- serve better than this. If there are pro- When he arrived in this chamber, he stitutions in the world. visions in the Dodd-Frank Act that had already established himself as one

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.117 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6533 of our leading conservative voices. JOHANNS. MIKE has followed a path Thanks for your leadership and That did not surprise any of us. He has that has brought him from his service thanks for your friendship, too. Diana a calm, even way of expressing himself as the Mayor of Lincoln, to his post as joins in sending our best wishes to you and articulating how his principles the Governor of Nebraska, on to serve and our appreciation for all you have play out in whatever issue we have be- in the President’s Cabinet as Secretary done. Please keep in touch with us. We fore us. of Agriculture and then on to the floor will always be pleased to hear from One great attribute that SAXBY of the . He has you. brought with him to his work in the made important contributions at each CARL LEVIN Congress was his willingness to work post and now, as he has decided with Mr. President, once again, as is our with people who did not always agree the support and guidance of his family, tradition here in the Senate, we take a with him. He knew there would come a ‘‘it is time to close this chapter in his moment to express our appreciation for time when they would agree with him life.’’ the service of those Members who will on something no matter how many As a former mayor myself I have a be retiring at the end of the year. We times they had disagreed in the past. great deal of regard for MIKE and his will miss them, their good ideas and When the situation presented itself commitment to the people that he has thoughtful suggestions, and their con- that was what he would focus on. served for many, many years. He has a cern and active involvement in the Simply put, SAXBY believes very great understanding of his home State challenges facing our Nation in a num- strongly in making progress and get- of Nebraska and the workings of its ber of areas. ting results. He is not all that con- State and local government. He under- It is hard to mention the word ‘‘serv- cerned about who gets credit for it. As stands the challenges that face his ice’’ and not have CARL LEVIN come to the old adage reminds us, for SAXBY, it home State in the present, and the mind. As a former local official myself, is all about leaving things a little bet- hopes and dreams of the people of Ne- I have a great deal of respect and re- ter at the end of the day today than braska for the future. gard for all those who have worked they were yesterday. It did not take long to discover that their way up from the local level to the Over the years SAXBY has always MIKE is a workhorse, not a showhorse. Senate. found a way to make progress no mat- He is not someone to land on a week- For CARL the great adventure of his ter how rough the road seemed to be. It end talk show every week talking political life began with his service on has been one of the guiding principles about what needs to be done—he would the Detroit City Council. During his 8 behind SAXBY’s 20 years of service. His rather be in committee or on the floor years on the council Carl probably had commitment to moving forward has en- every day doing it. In everything he did enough run-ins with the Federal bu- abled him to leave his mark in Georgia reaucracy that he decided he had to do MIKE always brought along an abun- and throughout much of the United something about it. For him that States. dance of Nebraska common sense. He used that special gift of his and his var- meant a run for the Senate. Now that this chapter of SAXBY’s life CARL’s election and his subsequent ied background as a starting point for has come to a close, I am not sure what service in the Senate have shown him finding common ground and a workable he has planned for his next great ad- to be quite an effective legislator and a solution on a number of issues that venture. He just does not strike me as force for the positions he has taken on would be acceptable to all. someone who will be content to sit on a long list of issues. He has been a During his service in the Senate it the sidelines. I am sure we will be hear- Member of the Senate since 1979 and he has been good to have a neighbor to ing from him from time to time with has hit a number of milestones since work with who understands agriculture some words of encouragement and sup- then that reflect the length and pro- and our rural way of life. He has been port—and a suggestion or two. In fact, duction of his service. I am looking forward to it. a great help in making the case clear It is important to emphasize that to the Congress about the difference SAXBY, thank you for your service in CARL’s service in the Senate has never the House and the Senate. In your 20 between living on a farm and living in been about longevity, it is been about years of service in the House and the a big city or town. results. That is why he has been a part Senate you have not only been a wit- That is why I will not be the only one of so many issues that needed someone ness to the history of your home State who will miss him. Our rural commu- with his talents, skills and abilities to of Georgia and our Nation, you have nities in the West will miss his ability help move them through. Such an issue helped to write it. Because of you the to understand the problems of rural has been his great support for our Na- Nation is stronger, safer and more se- America and what should be done to tion’s military and our veterans. cure. Yours is a record of leadership of address them. CARL has been working for the ben- which you should be very proud. MIKE has also been one to focus on efit of those who have served in our Diana joins in sending our best wish- the money side of each issue that came Armed Forces since he first walked in es to you. From one Sigma Chi brother to the Senate. He knows how impor- the door of the Senate. Determined to another, you have made a difference tant it is for us to get a handle on our that they reap the benefits they have because you have always led the best Nation’s finances to ensure that our earned with their service, CARL joined way—by example. What others are con- children and grandchildren will not the Armed Services Committee to en- tent to talk about you have stepped up have to clean up the financial mess we sure our military and our veterans to do the work needed to get the job are going to leave them if we are not were getting what they deserved and done and because of that you have been careful. MIKE has said that our failure required both during and after their able to make a difference—an impor- to act will cause our financial prob- service. tant and long lasting one. lems to appear sooner than we might That is one of the main reasons why MIKE JOHANNS think. he is currently serving as the Chair- Mr. President, as the current session I am sorry to see MIKE go when there man of our Armed Services Committee. of Congress comes to a close it is our is so much to be done that could use He wanted to make a difference for tradition to take a moment to express his understanding not only of the those who were sacrificing so much to our appreciation for the faithful serv- issues, but from his experience, the im- serve in our Nation’s military. I don’t ice of those of our colleagues who will pact they will have on the local, State think our servicemen and women—and be returning home at the end of the and national level. our Nation’s veterans—have ever had a year. We appreciate their hard work Still we know where to find him better friend than CARL LEVIN. and great service on behalf of their whenever we could use some of his Ne- Now he is closing the chapter of this home States and our Nation. We will braska-rooted common sense. Thanks, great adventure of his life. With his miss them and the thoughtful sugges- MIKE, for your service to the State of service he has made a difference in tions and good ideas they have brought Nebraska and to our Nation. You can more ways than I could ever hope to to our deliberations on the issues be- be proud of what you helped to accom- mention in my brief remarks. In the fore us. plish and the seeds you planted that process CARL has touched more lives The word ‘‘service’’ brings to mind will lead to more accomplishments in for the better than we will ever know one of our retiring colleagues, MIKE the years to come. with his commitment to the day-to-day

VerDate Sep 11 2014 10:04 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.118 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6534 CONGRESSIONAL RECORD — SENATE December 10, 2014 issues that affect us all—like edu- to come, his work on this issue will eration of our leaders who will want to cation, the environment and health continue to provide the support that do what you have done. I am sure they care. He has had an impact on his home will help those living with disabilities can count on you for your insights, State and our Nation that will be felt to work toward their goals in life—and suggestions and advice. Diana joins in for a long time to come. achieve them. sending our best wishes to you. Thank you, CARL, for your service in I also wanted to point out his work MARK PRYOR the Senate. I know I join with the peo- with our education system. TOM under- ple of Michigan in expressing our ap- stands the importance of a good edu- Mr. President, it is one of the Sen- preciation to you for dedicating so cation and the difference it makes in ate’s great traditions at the close of much of your life to making our Nation young lives—today and tomorrow. each session of Congress to take a mo- a better place for us all to live. That is Thanks to his hard work and deter- ment to note the service of those of our why your constituents have always mination students of all ages have a colleagues who be leaving the Senate been there to express their apprecia- new appreciation for the fact that an at the end of the year. It is a time for tion of your work here in the Senate education consists of more than just a us to express our appreciation to our with their votes. That is also why no few years in a classroom—it is a life- fellow Senators for their service and other Senator has ever represented long adventure, a journey that never share what we have learned from them Michigan as long as you have. ends because there is always something as we worked together to make a dif- Diana joins in sending our best wish- new to learn, some new skill that will ference in our states and in our nation. es to you for all you have accomplished make someone a more valuable mem- I have often thought that MARK has and for your close and personal atten- ber of the workforce. one great overriding rule that has guid- tion to the needs of our Armed Forces I am sure he has heard it before but ed him in his work in the Senate, ‘‘Is and the concerns of our veterans. it is pretty clear that TOM HARKIN is this what the people of Arkansas sent Thanks, too, for your friendship. We Iowa, through and through. He has de- me here to do?’’ More often than not will miss you, but I am certain we will voted so many years of his life to the the answer to that question has helped be in touch. people of his State and they are greatly him to develop a strategy to get things TOM HARKIN appreciative of his efforts—and the re- done that were designed to make his Mr. President, it is hard to believe sults he has been able to achieve. home State and our nation better how quickly this session of Congress Now, as TOM has made clear, it is places to live. has come to an end. Before that final time for someone else to step up to the Ask just about any one of us here in gavel brings it to a close, however, it is plate and continue the work he has the Senate what has made MARK PRYOR good to have this time to express our begun on so many issues. There is no such an effective legislator and you appreciation for the service of those question that you will be a difficult act will get the same answer—bipartisan- Members who will be retiring at the to follow. For all those years TOM’s ship. In fact, he was so good at it, we end of the year. They all have a lot to heart and soul has been in Iowa while might need to come up with a different be proud of—from their first speech his mind and his focus has been in the word to explain his strategy, some- here on the floor to their representa- nation’s capital, working to make Iowa thing like Pryor-itize. For MARK, the tion of their State over the years. a better place to live. Those words can not help but bring Now TOM’s remarkable career in the best way to get things done was to get to mind TOM HARKIN. I have had a House and the Senate has come to a everyone involved—all parties, all sides chance to come to know him and work close and this chapter of his great ad- of an issue, and representatives of with him as the Chairman of the health venture of serving the people of Iowa every point in between—together and committee. I have been very impressed here in Congress has concluded. While then take the best of what everyone with his dedication to his work and his we did not always agree on the best had to offer to form a coalition that determination to make a difference for way to get things done we always would bring his legislative effort to a the people who voted to hire him on for agreed that we needed to focus on what successful conclusion. the job—and all Americans in all of the we could do to have the greatest im- That is why both parties would often States. pact on the lives of Americans all try to recruit him for their legislative I think one of the reasons why we across the country. Fortunately, I projects. Each party knew he had a were able to work together has to do think we succeeded in many ways and great ability to persuade that would with his Wyoming background. TOM TOM will be remembered for those posi- help to bring other members together spent some of the best years of his life tive results—and so many more. to support their efforts. in Rock Springs and I can not help but One last TOM HARKIN memory has to I have often said that serving in the think that his time there made a big do with his popcorn tradition. I know I Senate is a great adventure. If it were difference in his life. am not the only one who hopes it will anything else, it would be too much TOM has quite a remarkable record of continue. I do not think a single visitor like work and too hard a job to take service to the people of Iowa and it is to your office or that section of the on. Because it is an adventure it is clear they feel the same about him. building will ever forget the wonderful something more—it is a chance to take They have sent him back to the Senate aroma your Iowa popcorn sent all on the greatest challenge there is, leav- to serve as their representative for five around the area. For visitors from back ing the world a better place than we terms in the House and five terms in home it must have been a touch that found it when we first walked through the Senate. During his service in the made them feel right at home. It was the doors of the Senate, and find new, Senate I appreciated having the oppor- just more proof that you never lost creative, and inventive ways to make tunity to work with him as the ranking sight of the people back home and they it happen. member of the committee. In addition, loved you for that. the leadership he has provided the com- Thank you, TOM HARKIN, for all you As he closes this chapter of his life, mittee as chairman has enabled him to have brought to the House and the Sen- his Senate adventure, MARK can be take an active role on issues that will ate over the years. You have made it very proud of his efforts, and his suc- have an impact on his home State and clear what the people of Iowa expect cesses over the years. He has a great the rest of the country for many years from their government and what you deal to be proud of and I hope it brings to come. were working so hard to achieve for him the satisfaction that comes from If I were to name just a few of the them. Thank you for your service, knowing he has taken on a difficult job issues on which TOM has made a dif- thank you for your dedication to mak- and done it well. ference I would begin with his work on ing our Nation a better place to live I know I will miss seeing MARK behalf of those living with disabilities and most of all, thank you for your around campus here in Washington, that resulted in the passage of the friendship. You have not only been a DC. I will miss his willingness to help Americans with Disabilities Act. TOM’s witness to the history of your State on those tough challenging issues we groundbreaking legislation was written and our country, you have helped to always seen to have before us. I will to help ensure all Americans would write each chapter over the years. In also miss his words of faith and deter- have an opportunity to lead more ful- the days to come your achievements mination that he would share with us filling and productive lives. In the days will continue to inspire the next gen- during our prayer breakfasts.

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.119 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6535 I hope you will keep in touch with us the Senate Banking Committee. Under tem to protect the American taxpayer in the days to come with news of your his chairmanship, the work of the com- from another bailout and to guarantee next great adventure in life. Thank you mittee highlighted the often-over- that another housing crisis does not for your service to our country, thank looked needs in these communities— happen again. Once again, his voice on you for your focus on making Arkansas and he was a champion during our ef- behalf of rural America during these and our nation better places to live, forts on housing finance reform to talks was critical and something that I and, most of all, thank you for your make sure they could receive the re- greatly appreciated. friendship. Good luck in all your future sources they so desperately need. Senator JOHANNS has never been endeavors. God bless. Strengthening small community about taking credit or seeking the TIM JOHNSON banks, improving housing, and reau- spotlight. He maintained a strong, hard Ms. HEITKAMP. Mr. President, I rise thorizing critical highway and transit work ethic throughout his time in the today to honor my friend and colleague programs are just a few of the initia- Senate and was one who was willing to from South Dakota, Senator TIM JOHN- tives Chairman JOHNSON undertook, cross the aisle to get things done. The SON, who is retiring at end of this year. and it was a pleasure working under American people expect that of their TIM has an impressively long career in his leadership. representatives, and Senator JOHANNS public service, representing his home Throughout all of these accomplish- met those expectations on behalf of Ne- State of South Dakota in Congress for ments, accolades, and challenges, TIM braska. the last 28 years. has remained true to his roots. He has I will miss having him as my col- TIM is often described as ‘‘a work never taken his public service for league in the Senate, but I also know horse, not a show horse,’’ and with granted and has always considered it a that his wife and family will enjoy the good reason. His values, passion and privilege to serve the people of South free time they will have with him. I work ethic are reflected in the projects Dakota. The impact of his work during wish him happiness and success in the he has championed and the constituent his time in Congress will be seen in next chapter of his life. services he has provided for the people communities throughout his State for f of South Dakota. Following his AVM years to come, and he has certainly left TRIBUTE TO MICHAEL GAMEL- in 2006, Senator JOHNSON came into the his mark on South Dakota politics. I MCCORMICK national spotlight which he so seldom wish him the very best as he and his sought. All were inspired by his perse- wife Barbara embark on this new chap- Mr. HARKIN. Mr. President, as I ap- verance and dedication to the people of ter and get to enjoy more time with proach the end of my Senate career, I cannot help but reflect on the role that South Dakota to return to do the work their family back in South Dakota. my tremendous staff members have he loves, and the Senate has been bet- MIKE JOHANNS played in advancing my policy goals ter for it. Mr. President, I also wish to honor As a member of the Senate Energy and, indeed, advancing the important my colleague from Nebraska, Senator and Natural Resources Committee, TIM work the American people over the MIKE JOHANNS, who is retiring from the championed important water projects years. I have been blessed to have Senate at the end of this year. Senator to bring clean drinking water to rural worked with truly remarkable individ- JOHANNS has been a friend since I start- communities and Indian reservations, uals who have worked tirelessly to pro- ed in the Senate, and I appreciate his pressed for the development of renew- mote initiatives that will improve the willingness to work with me towards able fuels, and supported efforts to lives of ordinary Americans. our shared goals. He is one of only two build vital infrastructure throughout Among my own legislative and policy current Senators to have served as a rural America. Through his position on priorities over the years, none has been Governor and cabinet Secretary, pro- the Appropriations Committee, he greater for me than advancing the fought to see these efforts through viding him with a tremendous amount rights of persons with disabilities. I am from planning to completion. of wisdom on how to get things done. It proud and honored to have been the Farmers and ranchers throughout his is his incredible knowledge and strong chief Senate sponsor of the Americans State could count on TIM to be a strong Midwestern work ethic that I admire with Disabilities Act, the last of the voice for agriculture, advancing their most about him. great civil rights laws of the 20th cen- priorities in numerous farm bills. His For more than 30 years, Senator tury—one that has correctly been leadership on country of origin label- JOHANNS has been a strong voice for called the Emancipation Proclamation ing, COOL, laid important groundwork the people of Nebraska. His first act in for persons with disabilities. That leg- to support our Nation’s producers and public service was in 1983 as a County islation sought, once and for all, to ensure consumers know where their Board member in Lancaster County. He fully enfranchise people with disabil- food comes from—a fight that con- later went on to serve as both Council- ities and to fully integrate them into tinues today. man and Mayor of Lincoln. He would the fabric of American life, guided by TIM has also been a champion for vet- eventually become Governor of Ne- four great principles—equal oppor- erans, working to improve the benefits braska and Secretary of Agriculture tunity, full participation, independent they are owed and connecting South under President George W. Bush. Sen- living, and economic sufficiency. Over Dakota veterans with support and serv- ator JOHANNS set no limits to his po- the last quarter century, that legisla- ices in their communities. He was able tential; readily serving in any capacity tion has resulted in a quantum leap to secure advanced appropriations for he could to make our great Nation a forward in the civil rights and daily the Veterans Administration, pro- better place. quality of life of millions of Americans viding budget certainty and ensuring Senator JOHANNS and I serve together with disabilities. access to health care for those who on the Agriculture Committee and I However, even with that quantum have so bravely served their country. greatly admired the thoughtfulness leap forward, much work remains to be TIM has a strong relationship with and expertise he brought to the nego- done to advance the rights of people the tribes in South Dakota and is con- tiations on the Farm Bill. His knowl- with disabilities both in the United sidered a steadfast and valued friend in edge as a former Agriculture Secretary States and around the world. And over Indian Country. He has tirelessly was unmatched and ensured many im- the last several years, no one has pressed for the Federal Government to provements were made throughout the worked harder to advance this unfin- meet its treaty and trust responsibil- debate. Senator JOHANNS never forgot ished agenda of disabilities rights than ities. While significant challenges re- about our farmers and always kept his Michael Gamel-McCormick, who served main, TIM JOHNSON’s legacy as an advo- eye on providing them with the best on the Health, Education, Labor, and cate for Native American issues has possible outcome he could. Pensions Committee as my lead K–12 improved the quality of life on many We also had the privilege of working staffer through the markup of the Ele- reservations. This commitment will be together on the Banking and Housing mentary and Secondary Education Act missed both in the Senate and on the Committee. He and I worked together and subsequently as a team leader on Indian Affairs Committee. with a bipartisan group of committee disability policy. Senator JOHNSON brought his passion members to draft and advance legisla- Throughout his career, Michael has for rural and Native American issues to tion reforming the housing finance sys- worked to improve the lives of children

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.120 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6536 CONGRESSIONAL RECORD — SENATE December 10, 2014 and other people with disabilities. He more than double the six percent unemploy- publicans, enlisting the assistance of came to the HELP Committee from the ment rate for people without disabilities. Of business interests and activating grass- University of Delaware, where he was the almost 29 million people with disabilities roots networks around the country in over 16 years of age, less than 20 percent par- dean of the College of Education and ticipate in the workforce compared with support of the treaty. At the end of the Human Development and where he had nearly 70 percent of those without a dis- day, the Senate was still not able to previously served as a departmental ability. overcome the misinformed objections chair and director of the Center for Not content to identify a problem, of a number of Senators who blocked Disability Studies. Prior to that, Mi- Michael also seeks to solve them. His consideration of the treaty. But Mi- chael served, variously, as director of most enduring legacy as my disability chael’s efforts to resurrect and advance an early intervention program in West policy director will be his work to pro- the treaty in the face of daunting odds Virginia, director of children’s services mote the employment of persons with were remarkable. Thanks to Michael’s at an urban community services agen- disabilities through the Workforce In- work, we came closer than ever before cy, and as a preschool and kinder- novation and Opportunity Act, which to passing the CRPD. I certainly garten teacher. Michael also consulted was signed into law earlier this year. haven’t given up the fight to pass the worldwide in helping other countries to That law will ensure that young people CRPD, and I am grateful to Michael for establish their own systems to support with disabilities get the experiences all that he did to advance the cause of persons with disabilities and to expand they need to succeed in work settings. global disability rights. early learning opportunities. To obtain those experiences, the bill It is no exaggeration to say that Mi- Michael’s deep experience and knowl- requires State vocational rehabilita- chael has enriched the lives of count- edge was evident as soon as he arrived tion programs to work hand-in-hand less individuals. Because of his work, at the HELP Committee. Immediately, with local secondary schools. The bill young children have been exposed to Michael became an integral and trust- also ensures that employers will have the rich environments that they need ed member of my staff. His initial work the information necessary to recruit, for early learning. Because of his work, on the committee was as an education hire, and retain people with disabil- young people with disabilities will re- policy advisor, lead staffer on K–12 edu- ities. ceive the supports and experiences they cation, and an expert on the intersec- These efforts will directly address need to secure gainful employment. Be- tion of education and inequality. His the high unemployment rate among cause of his work, school-aged children expertise and leadership were critical people with disabilities, smooth the will receive developmentally appro- in crafting and passing in committee transition of young people with disabil- priate discipline and direction rather the Strengthening America’s Schools ities into the competitive integrated than the cruelty of seclusion and phys- Act. As an education policy adviser, workforce, and help employers to sup- ical restraints. And because of his Michael was also deeply involved in port their employees with disabilities. work, countless individuals with dis- shaping policies to strengthen the edu- I am especially proud of these provi- abilities will work, live, laugh, and cation of children with disabilities. sions. And I am very grateful to Mi- flourish in their communities along- After serving as a senior education chael, who successfully endeavored to side friends, colleagues, and neighbors. advisor, Michael assumed the role of enact them in the face of long odds. This is a living legacy that Michael my chief disability policy advisor, I had the good fortune to travel with Gamel-McCormick deserves to be very spearheading a number of important Michael to China earlier this year, proud of. I am deeply grateful for his initiatives, including two important where we sought to identify opportuni- service to the committee, to the Amer- committee reports on persons with dis- ties for international cooperation on ican people, and to me personally. And abilities. The first report, on the con- disability policy and to work with the I wish him great success in his future tinued use of seclusions and restraints Chinese Government to strengthen its endeavors on behalf of people with dis- in our schools, exposed the inappro- own policies and programs to assist abilities here in America and across priate and often dangerous use of phys- and empower the millions persons with the globe. ical restraints on and unsupervised ex- disabilities in that country. On the f clusion of many children, especially trip, not only was Michael incredibly TRIBUTE TO BETH STEIN children with disabilities, in U.S. helpful and knowledgeable, but he also schools. That report was accompanied proved to be a good humored and inde- Mr. HARKIN. Mr. President, in 1997, by important legislation to finally pro- fatigable travel partner. Beth Stein, a talented young woman hibit these outdated and ineffective Last and certainly not least, I want armed with a razor-sharp mind and re- measures. The second report, ‘‘Ful- to salute Michael’s heroic efforts over lentless attention to detail, arrived on filling the Promise: Overcoming Per- the past year to advance the Conven- Capitol Hill as counsel to a true Amer- sistent Barriers to Economic Self-Suf- tion on the Rights of Persons with Dis- ican hero, U.S. Senator John Glenn. As ficiency for People with Disabilities,’’ abilities. The CRPD, as it is known in his investigative counsel, Beth played investigated the barriers that people shorthand, is a United Nation’s treaty a key role in the inquiry into campaign with disabilities face as they seek to modeled after our own Americans with finance abuses in the 1996 election. And rise out of poverty and enter the mid- Disabilities Act, with a goal of export- she helped to lead investigations into dle class. This report found that living ing the same advances enjoyed by per- other critical issues, including food with a disability is both economically sons with disabilities in the United safety, Medicare fraud, waste, and and socially costly, and that signifi- States to countries around the world. abuse, and the relationship between cant barriers—especially logistical bar- The United States has always been a thyroid cancer rates and exposure to riers and discrimination—continue to city on a hill when it comes to dis- nuclear fallout from Nevada testing in stand in the way of the economic secu- ability policy, and the CRPD offers an the 1940s. After working for Senator rity of people with disabilities. Specifi- opportunity for us to play a more ro- Glenn, Beth went on to serve as elec- cally, the report said this: bust leadership role in advancing dis- tion counsel to Representative STENY Twenty-four years ago, Congress passed ability rights across the globe. Unfor- HOYER and as Judiciary Committee the Americans with Disabilities Act. We tunately, despite broad support for the counsel to U.S. Senator MARIA CANT- have been successful at meeting many of the CRPD among business leaders, faith WELL. goals of the ADA. We have increased the ac- leaders, and in the disability policy The work of a U.S. Senator is only as cessibility of our buildings, our streets, even community, the CRPD ran up against good as the staff that he or she hires, our parks, beaches and recreation areas. And significant and, I might add, spurious and in 2004 I was fortunate to convince we’ve made our books and TVs, telephones opposition here in the Senate. In fact, Beth to join my staff, where she has and computers more accessible as well. And after failing to be ratified in the 112th served ever since. Throughout that for many Americans with disabilities, our time, she has served in a number of dif- workplaces have become more accessible as Congress, the treaty was all but de- well. clared dead. ferent capacities, distinguishing her- But far too few people with disabilities are However, at my urging and direction, self in each and every one of them. I in the workforce! The unemployment rate Michael worked tirelessly to revive the owe a debt of gratitude to so many of for people with disabilities is 12.8 percent, moribund treaty, reaching out to Re- my staff members across my career,

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.027 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6537 but I would be remiss if I did not single choices involving Congress, the admin- report for employment with the Work out Beth for her especially meritorious istration, disability rights organiza- Projects Administration, the WPA. contributions to my office over the tions, and business interests. Beth Dad always said that Franklin Roo- past decade. played a critical role in these negotia- sevelt gave him a job. That oppor- Beth began her work in my office as tions, deftly managing both the poli- tunity gave my father dignity and counsel, providing excellent advice on tics and the policy. The result of her enough money to put food on the table, myriad constitutional and civil rights steady guiding hand is abundantly and, maybe most important of all, it issues, among other things. One of her clear today: the ADA, as amended by gave him hope. most noteworthy accomplishments the ADAAA, continues its impact as As a proud Midwestern progressive, I from this time related to the Iowa one of the landmark civil rights laws of have fought to give opportunity and Army Ammunition Plant, located not the 20th century, the Emancipation hope to those who truly need it and de- far from Burlington, IA. The history of Proclamation for Persons with Disabil- serve it, including working families the covert nuclear weapons program at ities. seeking affordable health care and the IAAP is a fascinating one that I When I became chair of the Senate childcare, family farmers struggling to could recount for hours. Suffice it to Committee on Health, Education, stay on the land, young people paying say that for decades the men and Labor, and Pensions, one of my first for college, and seniors seeking finan- women of the Iowa Ammunition Plant acts was to establish an investigative cial security in their retirement years. worked on a secret nuclear weapons unit to provide critical oversight and But I haven’t done it alone. Every program, handling highly radioactive investigations work. There was no Senator stands on the foundation of his materials with protective gear of only question in my mind that Beth, with or her staff, and on my staff Beth Stein cotton gloves—gloves that were in- her relentlessness, eye for detail, and has been a rock-solid cornerstone in tended to protect the weapons material penchant for sifting through detritus that foundation. For her counsel, intel- from contact with humans, not to pro- to reveal the truth, was the person for ligence, and excellent work, and for tect humans from contact with dan- the job. As my chief investigative helping me to be the best servant I can gerous radioactive materials. counsel, she has delivered time and be to the people of Iowa and the United After my office helped to uncover the again, for example, uncovering labor States, for working alongside me to do long history of dangerous working con- abuses by government contractors that our best to give people hope, I extend ditions at the IAAP, we still had to ad- led to a White House Executive order my deepest gratitude to my counselor dress the needs of hundreds of men and clamping down on such abuses. Beth and friend Beth Stein. women who were exposed to radio- also played a key role in producing f active materials and to try and help HELP Committee reports on the abu- them receive compensation and health sive use of seclusions and restraints in TRIBUTE TO MILDRED OTERO care to deal with the high rates of can- our Nation’s schools, on barriers that Mr. HARKIN. Mr. President. As a boy cer and respiratory disease associated stand in the way of the economic secu- growing up in rural Cumming, IA, pop- with their work. For years we strug- rity of persons with disabilities, and on ulation 150, I could never have imag- gled with various Federal agencies. We the rapid growth of e-cigarettes and ined that I would one day serve in Con- tried to seek a legislative fix. We their marketing. gress. My father had a sixth-grade edu- sought an administrative remedy. It Most noteworthy was Beth’s leader- cation. He spent most of his life work- was finally under Beth’s leadership ship of the HELP Committee’s inves- ing in coal mines, and all he had to that the men and women of the IAAP tigation of abuses in the for-profit sec- show for it was a case of black lung dis- were designated a special exposure co- tor of higher education. This investiga- ease. My mother was an immigrant, hort, which made them eligible for tion spanned several years and cul- raising six kids in our little two-bed- compensation and medical care to ac- minated in the release of a multi-vol- room house. My parents did not talk count for medical expenses and lost ume report detailing in remarkable de- politics. We did not know politicians. wages. It is not an exaggeration to say tail the abuses by some for-profit col- But we knew this: When my family hit that, but for Beth’s efforts, the former leges—in particular, their misuse of rock bottom in the late years of the workers of the Iowa Army Ammunition taxpayer funds, their poor educational Depression, with my father out of work Plant might still be waiting on the outcomes, and the need for greater and with no way to provide for his fam- Federal Government to appropriately Federal oversight of these schools. This ily, the government gave us a hand up. compensate them for their service to investigation was monumental both in Dad got a postcard in the mail, noti- our nation. its scale and in its level of detail. Beth fying him to report for employment So much did I value Beth’s work that oversaw every aspect of this very deli- with the Work Projects Administra- when she decided that she wanted to cate investigation, which resulted in tion, the WPA. Dad always said that take a step back and spend more time much greater scrutiny of the for-profit Franklin Roosevelt gave him a job. with her kids, I convinced her not to industry and which also put the inves- That opportunity gave my father dig- leave the payroll entirely but to stay tigations arm of the HELP Committee nity, and enough money to put food on on to work on special projects. In that on the map. the table. Maybe most important of all, capacity, Beth played a critical role in About a year ago, I asked Beth to re- it gave him hope. one of my proudest achievements, the turn to my personal office to serve as As a proud Midwestern progressive, Americans with Disabilities Act legislative director. In that capacity, my career has been guided by a desire Amendments Act of 2008. This law was she has done yeoman’s work managing to give hope to those who truly need it written in response to several Supreme the legislative staff, helping in the and deserve it, to provide a ladder of Court decisions narrowing the defini- unenviable job of closing our Senate of- opportunity to working families seek- tion of disability under the Americans fice, and continuing to provide the ex- ing affordable health care and child with Disabilities Act. These narrow in- cellent counsel that had made her in- care, family farmers struggling to stay terpretations led to the denial of the dispensable for the past decade. And on the land, and seniors seeking finan- ADA’s protections for many individ- she has done all of this while con- cial security in their retirement years. uals that Congress intended to protect tinuing in her role as chief investiga- There is no rung on the ladder of op- under the ADA. The ADAAA made a tions counsel for the HELP Committee. portunity more important than edu- number of changes to restore the in- Mr. President, when I was growing cation, from rich early learning experi- tent of the ADA and to ensure that its up, my parents didn’t talk politics. We ences, to college, and beyond. protections were broadly available to didn’t know politicians. But we knew As I have endeavored to give people persons with disabilities. Though the this: When my family hit rock bottom hope and to provide them with a ladder ADAAA passed the Senate by unani- in the late years of the Depression, of opportunity, I have not done it mous consent, a fact that is a credit to with my father out of work and with no alone. I have been blessed to have one the Senate, one should not take from way to provide for his family, the gov- of the most capable staffs on Capitol this the idea that it was easy. It re- ernment gave us a hand up. Dad got a Hill. I rise today to extend a personal quired long negotiations and difficult postcard in the mail notifying him to thanks to one of the best, my chief

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.022 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6538 CONGRESSIONAL RECORD — SENATE December 10, 2014 education counsel, Mildred Otero, who on the development of children. Today, ADDITIONAL STATEMENTS has stood stalwartly alongside me in backed up by impressive scientific re- my efforts to secure for every Amer- search, we know that this program can TRIBUTE TO DON HOUSE ican a quality education from cradle to and should be much more. In addition career. to providing vital work support for par- ∑ Mr. BOOZMAN. Mr. President, I wish Mildred came to Washington in 2003 ents, it should be a rich early-learning to honor Don House, who will retire as as a Congressional Hispanic Caucus In- opportunity for children. These are ex- the Walnut Ridge Mayor after 4 years stitute Public Policy Fellow, working actly the kinds of improvements that of public service to the citizens of the community. for then-Senator Hillary Clinton. Over Mildred shepherded into law. Among the years, she has also worked at the Mayor House constantly stressed the other things, the bill requires States to Children’s Defense Fund, for Senator spirit of cooperation within and be- improve education and training re- JACK REED, and at the Department of tween each city department, and the State. Before joining the Health, Edu- quirements, strengthens licensing re- importance of good work ethic among cation, Labor, and Pensions Com- quirements, and stipulates that States its employees. That is why when he mittee, Mildred served as Senior Policy must demonstrate how they are meet- began his service as mayor he met with Officer at the Bill and Melinda Gates ing the needs of the most vulnerable all of the community’s employees. Foundation, helping to lead its Federal children, especially children with dis- Don led a reorganization of the police advocacy efforts for U.S. programs. abilities. department in an effort to serve the When she arrived at the HELP Com- I would be remiss if I did not also needs of the community more respon- sibly, including a crackdown on drug mittee, she brought with her sterling mention Mildred’s effort in the K–12 dealers and drug manufacturers within credentials, unmatched knowledge of and higher education spaces. Last sum- education policy, and a reputation as a the city. Don also oversaw the comple- mer, the HELP Committee, under tion of the Northeast Arkansas Water tough but fair negotiator. Most impor- Mildred’s guidance, passed the tantly, she brought with her a commit- Authority project, improving the water Strengthening America’s Schools Act quality in Walnut Ridge. ment to children and a determination of 2013. This bill, an update to the Ele- to confront the savage inequalities in In addition to serving as mayor, Don mentary and Secondary Education Act, America’s public education system, lived in Lawrence County most of his provided a framework to ensure that and these priorities have been the foun- life, owned House-Gregg Funeral all children graduate from high school dation of all the work that she does. Home—a local funeral home and family with the knowledge and skills needed For Mildred, ‘‘leave no child behind’’ is business, and held office in the Arkan- not a slogan, it is an imperative, an ob- to succeed in college and their careers. sas State House of Representatives. I applaud Don for his outstanding ligation that motivates her every day With Mildred’s guidance, the Strength- achievements and success as city to strive to do what is best for the chil- ening America’s Schools Act focused mayor. My staff and I have enjoyed dren of our country, especially those greater attention on early childhood, encouraged equity through fair dis- working with Mayor House on the who are born into disadvantage. projects important to Walnut Ridge. I Mildred’s commitment to our chil- tribution of resources, and maintained am truly appreciative of his dedica- dren and her determination to extend a a laser focus on helping all children, tion, leadership, and eagerness to serve hand up to the disadvantaged have but especially disadvantaged children, Arkansas.∑ borne fruit in significant accomplish- to succeed in school. f ments since she joined the HELP Com- Mildred brought similar energy to mittee. her efforts this year on the reauthor- RECOGNIZING THE IDAHO FARM Foremost among these accomplish- ization of the Higher Education Act, ef- BUREAU FEDERATION ments was passage last summer of the forts that culminated with the intro- ∑ Mr. CRAPO. Mr. President, I wish to Workforce Innovation and Opportunity duction of the Higher Education Af- recognize the Idaho Farm Bureau Fed- Act, a bill to update and strengthen fordability Act. For generations, a col- eration’s 75th year as an organization. our Nation’s job training programs. lege education has been the pathway to The Idaho Farm Bureau, which was Frankly, to call enactment of this bill started in 1939 in Murtaugh as an orga- an accomplishment is a huge under- the middle class, but new challenges are threatening that promise for many nization of farm and ranch families, statement. This is a bill that had been has represented the interests of Idaho families in Iowa and across the coun- stalled for years due to one disagree- producers in addressing agriculture and try. College affordability, skyrocketing ment after another, each seemingly as natural resources issues. The organiza- intractable as the next. But for Mil- student debt, transparency—these are tion is focused on ‘‘formulating action dred, what others see as an intractable high stakes issues for students and to achieve educational improvement, disagreement is just another challenge families. The Higher Education Afford- economic opportunity, and social ad- to work through with creativity and ability Act seeks changes to our sys- vancement and thereby, to promote the diplomacy. Work through them she did, tem of higher education in order to national well-being.’’ one after another, until all that was make college more affordable and ac- Idaho is home to more than 25,000 left was final passage of the bill. It is cessible, and to restore and strengthen farms and ranches. Farm families sup- testament to Mildred’s determination, the ladder of opportunity—a ladder port our communities and are central creativity, and skill that the final bill that has been growing weaker and that to our economy and our State’s cul- passed by a vote of 95–3. As a result of is in need of repair. ture. The pressures on these hard- her work on this bill, millions of Amer- Dr. Martin Luther King, Jr., said working producers meeting the food icans will be able to upgrade their needs of a growing world population that ‘‘life’s most urgent and persistent skills, obtain better jobs, and ulti- are increasing as the pressures on our question is: what are you doing for oth- mately, better their lives and the eco- natural resources increase. Consider- ers?’’ During her tenure as a senior nomic security of their families. ation of how policy changes affect this counselor on the HELP Committee, Mildred and her team also success- bedrock is critical to long-term eco- fully guided into the law improvements Mildred has answered that question in nomic growth and the success of our to the Child Care and Development powerful ways, and in particular State and Nation. Block Grant, which allocates more through her tireless efforts to bring From providing input on the farm than $5 billion annually and supports greater equity to public education at bill, to transportation legislation and more than 1.5 million children across all levels. We respect her expertise, and Federal regulation affecting the farm the country. The last reauthorization we admire the strong moral voice that and ranch community, including En- of this program took place 18 years she has brought to the Committee. I dangered Species Act concerns, the ago, at a time when child care was am deeply grateful to Mildred for her Idaho Farm Bureau has helped ensure principally seen as a work-support ac- superb leadership of the Committee’s that Idaho producers’ voice is heard in tivity and only incidentally as some- Education Office, and I wish her the a broad array of local and Federal pol- thing that could have a positive impact very best in her future endeavors. icy discussions. I have greatly valued

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.109 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6539 the input of farm bureau leadership, his art career drawing on the concrete H.R. 5764. An act to authorize the Great staff and members. I look forward to floor of a prison in the Philippines, Ben Lakes Restoration Initiative, and for other continuing to work with this seasoned pursued a formal art education. In 1955, purposes. Idaho organization in shaping agri- he received a master’s in art from the H.R. 5781. An act to provide short-term water supplies to drought-stricken Cali- culture and natural resources policy to University of Denver. fornia. ensure that it best meets the needs of Ben then taught art at Montana Idaho producers. State University-Billings. To this day, f Congratulation to the Idaho Farm he continues to recreate the images of Bureau and its membership on this sig- his imprisonment through drawings MEASURES DISCHARGED nificant milestone. I wish you contin- and paintings. The following measure was dis- ued success.∑ Ben was never ‘‘officially’’ assigned charged from the Committee on Bank- f to the infantry; the military just hand- ing, Housing, and Urban Affairs and re- ed him a weapon and told him to go TRIBUTE TO BENJAMIN CHARLES ferred as indicated: fight—and he did. He fought for months H.R. 5471. An act to amend the Commodity STEELE before he was captured. ∑ Exchange Act and the Securities Exchange Mr. TESTER. Mr. President, I wish Ben is now 97 years old, living in a Act of 1934 to specify how clearing require- to honor Benjamin Charles Steele, a nursing home in Billings, MT, fighting ments apply to certain affiliate transactions, veteran of World War II. his last battle—and still painting. Ben and for other purposes; to the Committee on On behalf of all Montanans and all never requested any medals or recogni- Agriculture, Nutrition, and Forestry. Americans, I stand to say ‘‘thank you’’ tion for his brave and incredible serv- to Ben for his service to our Nation. ice. A true World War II veteran, Ben f It is my honor to share the story of feels he simply did the job he was sent MEASURES REFERRED ON Ben’s service in World War II, because to the Philippines to do. DECEMBER 9, 2014 no story of bravery—especially not one But today, it is my honor to honor from our ‘‘greatest generation’’— Ben Steele’s true heroism, sacrifice, The following bills were read the first should ever be forgotten. and dedication to service by including and the second times by unanimous Ben was born on November 11, 1917, in his story in the CONGRESSIONAL consent, and referred as indicated: Roundup, MT. The son of ranchers, Ben RECORD. H.R. 579. An act to designate the United loved the outdoors. Sometimes he Thank you, Ben.∑ States courthouse located at 501 East Court Street in Jackson, Mississippi, as the ‘‘R. would sneak out of school by pre- f tending to go to the bathroom, but in- Jess Brown United States Courthouse’’; to stead would jump on his horse and head MESSAGE FROM THE HOUSE the Committee on Homeland Security and At 2:56 p.m., a message from the Governmental Affairs. for the ranch. H.R. 5146. An act to designate the United Ben was 22 when he enlisted in the House of Representatives, delivered by States courthouse located at 700 Grant Army Air Corps in Missoula, MT on Mrs. Cole, one of its reading clerks, an- Street in Pittsburgh, Pennsylvania, as the September 9, 1940. nounced that the House has passed the ‘‘Joseph F. Weis Jr. United States Court- In September of 1941, Ben was as- following bill, without amendment: house’’; to the Committee on Environment signed to serve in the Philippines. S. 2759. An act to release the City of St. and Public Works. Ben had barely arrived in country Clair, Missouri, from all restrictions, condi- H.R. 5385. An act to designate the facility when the Army gave him a rifle and tions, and limitations on the use, encum- of the United States Postal Service located told Ben ‘‘now you’re in the infantry.’’ brance, conveyance, and closure of the St. at 55 Grasso Plaza in St. Louis, Missouri, as Clair Regional Airport. the ‘‘Sgt. Amanda N. Pinson Post Office’’; to The Japanese attacked on December the Committee on Homeland Security and 8. A few weeks later, Ben’s unit was The message also announced that the Governmental Affairs. evacuated from Clark Field and or- House has passed the following bills, in H.R. 5562. An act to designate the facility dered to the Bataan Peninsula. In Jan- which it requests the concurrence of of the United States Postal Service located uary 1942, Ben was sent to the front the Senate: at 801 West Ocean Avenue in Lompoc, Cali- lines. H.R. 1378. An act to designate the United fornia, as the ‘‘Federal Correctional Officer Three months later, the front lines States Federal Judicial Center located at 333 Scott J. Williams Memorial Post Office collapsed. Soon after, Ben’s unit was West Broadway in San Diego, California, as Building’’; to the Committee on Homeland Security and Governmental Affairs. captured and he and his fellow soldiers the ‘‘John Rhoades Federal Judicial Center’’ and to designate the United States court- H.R. 5687. An act to designate the facility began the infamous Bataan Death house located at 333 West Broadway in San of the United States Postal Service located March. Diego, California, as the ‘‘James M. Carter at 101 East Market Street in Long Beach, Ben marched for 6 days and was fed and Judith N. Keep United States Court- California, as the ‘‘Juanita Millender- only two cups of rice. The American house’’. McDonald Post Office’’; to the Committee on captives were tormented by the Japa- H.R. 5059. An act to direct the Secretary of Homeland Security and Governmental Af- nese soldiers. They were forced to walk Veterans Affairs to provide for the conduct fairs. closely together, and if a prisoner of annual evaluations of mental health care H.R. 5794. An act to designate the facility of the United States Postal Service located stumbled, or worse, fell, they were and suicide prevention programs of the De- partment of Veterans Affairs, to require a at 16105 Swingley Ridge Road in Chesterfield, bayoneted or shot and killed. pilot program on loan repayment for psychi- Missouri, as the ‘‘Sgt. Zachary M. Fisher Ben was a prisoner for three and one- atrists who agree to serve in the Veterans Post Office’’; to the Committee on Homeland half years. During this time, at great Health Administration of the Department of Security and Governmental Affairs. risk to himself, he secretly made draw- Veterans Affairs, and for other purposes. ings of the torture and cruelty he and H.R. 5086. An act to amend the National f his fellow prisoners endured. On one Trails System Act to direct the Secretary of construction project, 324 prisoners the Interior to conduct a study on the feasi- MEASURES REFERRED started work beside Ben. By the end, bility of designating the Chief Standing Bear The following bills were read the first National Historic Trail, and for other pur- Ben was one of only 50 surviving pris- poses. and the second times by unanimous oners. H.R. 5185. An act to reauthorize the Young consent, and referred as indicated: Ben then was sent to Japan where he Women’s Breast Health Education and H.R. 5086. An act to amend the National did hard labor in the Japanese mines. Awareness Requires Learning Young Act of Trails System Act to direct the Secretary of He was liberated once the atomic bomb 2009. the Interior to conduct a study on the feasi- was dropped on Hiroshima, with H.R. 5701. An act to require that certain bility of designating the Chief Standing Bear Ground Zero less than 80 miles from Federal lands be held in trust by the United National Historic Trail, and for other pur- Ben’s coal mine. When he was freed, States for the benefit of federally recognized poses; to the Committee on Energy and Nat- tribes in the State of Oregon, and for other ural Resources. Ben had dysentery, pneumonia, ma- purposes. H.R. 5781. An act to provide short-term laria, blood poisoning and beriberi. H.R. 5705. An act to modify certain provi- water supplies to drought-stricken Cali- Ben was discharged from the U.S. Air sions relating to the Propane Education and fornia; to the Committee on Energy and Nat- Force on July 10, 1946. After beginning Research Council. ural Resources.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.095 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6540 CONGRESSIONAL RECORD — SENATE December 10, 2014 MEASURES PLACED ON THE S. 1328. A bill to authorize the Secretary of Report to accompany S. 2094, a bill to pro- CALENDAR the Interior to conduct a special resource vide for the establishment of nationally uni- study of the archeological site and sur- form and environmentally sound standards The following bill was read the sec- rounding land of the New Philadelphia town governing discharges incidental to the nor- ond time, and placed on the calendar: site in the State of Illinois, and for other mal operation of a vessel (Rept. No. 113–304). S. 2992. A bill to amend title 10, United purposes (Rept. No. 113–293). By Mr. ROCKEFELLER, from the Com- States Code, to reform procedures for deter- By Ms. LANDRIEU, from the Committee mittee on Commerce, Science, and Transpor- minations to proceed to trial by court-mar- on Energy and Natural Resources, with an tation, with an amendment in the nature of tial for certain offenses under the Uniform amendment in the nature of a substitute: a substitute: Code of Military Justice, and for other pur- S. 1419. A bill to promote research, devel- S. 1317. A bill to authorize the programs of poses. opment, and demonstration of marine and the National Aeronautics and Space Admin- hydrokinetic renewable energy technologies, f istration for fiscal years 2014 through 2016 and for other purposes (Rept. No. 113–294). and for other purposes. MEASURES READ THE FIRST TIME ON By Ms. LANDRIEU, from the Committee DECEMBER 9, 2014 on Energy and Natural Resources, without f The following bill was read the first amendment: INTRODUCTION OF BILLS AND time: S. 1750. A bill to authorize the Secretary of JOINT RESOLUTIONS the Interior or the Secretary of Agriculture S. 2992. A bill to amend title 10, United to enter into agreements with States and po- The following bills and joint resolu- States Code, to reform procedures for deter- litical subdivisions of States providing for minations to proceed to trial by court-mar- tions were introduced, read the first the continued operation, in whole or in part, tial for certain offenses under the Uniform and second times by unanimous con- of public land, units of the National Park Code of Military Justice, and for other pur- sent, and referred as indicated: System, units of the National Wildlife Ref- poses. uge System, and units of the National Forest By Mr. MURPHY (for himself and Mr. f System in the State during any period in HARKIN): S. 2993. A bill to amend the Higher Edu- ENROLLED BILLS PRESENTED which the Secretary of the Interior or the Secretary of Agriculture is unable to main- cation Act of 1965 to improve the determina- The Secretary of the Senate reported tain normal level of operations at the units tion of cohort default rates and provide for that on today, December 10, 2014, she due to a lapse in appropriations, and for enhanced civil penalties, and to authorize had presented to the President of the other purposes (Rept. No. 113–295). the establishment of an institutional risk- By Ms. LANDRIEU, from the Committee sharing commission; to the Committee on United States the following enrolled Health, Education, Labor, and Pensions. bills: on Energy and Natural Resources, with an amendment in the nature of a substitute: By Mr. BROWN: S. 229. An act to designate the medical cen- S. 1971. A bill to establish an interagency S. 2994. A bill to amend the Tariff Act of ter of the Department of Veterans Affairs lo- coordination committee or subcommittee 1930 to facilitate the administration and en- cated at 3900 Woodland Avenue in Philadel- with the leadership of the Department of En- forcement of antidumping and counter- phia, Pennsylvania, as the ‘‘Corporal Mi- ergy and the Department of the Interior, fo- vailing duty orders, and for other purposes; chael J. Crescenz Department of Veterans cused on the nexus between energy and to the Committee on Finance. Affairs Medical Center’’. water production, use, and efficiency, and for By Mr. BROWN (for himself and Mr. S. 1434. An act to designate the Junction other purposes (Rept. No. 113–296). PORTMAN): City Community-Based Outpatient Clinic lo- S. 2031. A bill to amend the Act to provide S. 2995. A bill to direct the Administrator cated at 715 Southwind Drive, Junction City, for the establishment of the Apostle Islands of the Environmental Protection Agency to Kansas, as the Lieutenant General Richard National Lakeshore in the State of Wis- carry out a pilot program to work with mu- J. Seitz Community-Based Outpatient Clin- consin, and for other purposes, to adjust the nicipalities that are seeking to develop and ic. boundary of that National Lakeshore to in- implement integrated plans to meet waste- S. 2673. An act to enhance the strategic clude the lighthouse known as Ashland Har- water and stormwater obligations under the partnership between the United States and bor Breakwater Light, and for other pur- Federal Water Pollution Control Act, and for Israel. poses (Rept. No. 113–297). other purposes; to the Committee on Envi- S. 2917. An act to expand the program of By Ms. LANDRIEU, from the Committee ronment and Public Works. priority review to encourage treatments for on Energy and Natural Resources, without By Mr. BENNET (for himself and Mr. tropical diseases. amendment: HATCH): S. 2921. An act to designate the community S. 2104. A bill to require the Director of the S. 2996. A bill to create a limited popu- based outpatient clinic of the Department of National Park Service to refund to States all lation pathway for approval of certain anti- Veterans Affairs located at 310 Home Boule- State funds that were used to reopen and bacterial drugs; to the Committee on Health, vard in Galesburg, Illinois, as the ‘‘Lane A. temporarily operate a unit of the National Education, Labor, and Pensions. Evans VA Community Based Outpatient Park System during the October 2013 shut- By Mr. BURR (for himself and Mrs. Clinic’’. down (Rept. No. 113–298). GILLIBRAND): f By Ms. LANDRIEU, from the Committee S. 2997. A bill to amend the Internal Rev- on Energy and Natural Resources, with an REPORTS OF COMMITTEES enue Code of 1986 to increase the exclusion amendment in the nature of a substitute: for employer-provided dependent care assist- The following reports of committees S. 2379. A bill to approve and implement ance; to the Committee on Finance. were submitted: the Klamath Basin agreements, to improve natural resource management, support eco- f By Ms. LANDRIEU, from the Committee nomic development, and sustain agricultural on Energy and Natural Resources, with an SUBMISSION OF CONCURRENT AND production in the Klamath River Basin in SENATE RESOLUTIONS amendment in the nature of a substitute: the public interest and the interest of the S. 182. A bill to provide for the United States, and for other purposes (Rept. The following concurrent resolutions unencumbering of title to non-Federal land No. 113–299). and Senate resolutions were read, and owned by the city of Anchorage, Alaska, for S. 2602. A bill to establish the Mountains to referred (or acted upon), as indicated: purposes of economic development by con- Sound Greenway National Heritage Area in By Mr. UDALL of New Mexico: veyance of the Federal reversion interest to the State of Washington (Rept. No. 113–300). the City (Rept. No. 113–289). S. 2873. A bill to authorize the Secretary of S. Res. 596. A resolution expressing the S. 398. A bill to establish the Commission the Interior to acknowledge contributions at sense of the Senate regarding the need for to Study the Potential Creation of a Na- units of the National Park System (Rept. reconciliation in Indonesia and disclosure by tional Women’s History Museum, and for No. 113–301). the United States Government of events sur- other purposes (Rept. No. 113–290). By Ms. LANDRIEU, from the Committee rounding the mass killings during 1965–66; to S. 776. A bill to establish the Columbine- on Energy and Natural Resources, without the Committee on Foreign Relations. Hondo Wilderness in the State of New Mex- amendment: By Mr. COONS (for himself and Mrs. ico, to provide for the conveyance of certain H.R. 885. To expand the boundary of the SHAHEEN): parcels of National Forest System land in San Antonio Missions National Historical S. Res. 597. A resolution commemorating the State, and for other purposes (Rept. No. Park, and for other purposes (Rept. No. 113– and supporting the goals of World AIDS day; 113–291). 302). to the Committee on Foreign Relations. S. 841. A bill to designate certain Federal H.R. 1241. A bill to facilitate a land ex- By Mr. DONNELLY (for himself and land in the San Juan National Forest in the change involving certain National Forest Mr. COATS): State of Colorado as wilderness, and for System lands in the Inyo National Forest, S. Res. 598. A resolution expressing condo- other purposes (Rept. No. 113–292). and for other purposes (Rept. No. 113–303). lences to the family of Abdul-Rahman Peter By Ms. LANDRIEU, from the Committee By Mr. ROCKEFELLER, from the Com- Kassig and condemning the terrorist acts of on Energy and Natural Resources, without mittee on Commerce, Science, and Transpor- the Islamic State of Iraq and the Levant; amendment: tation: considered and agreed to.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.010 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6541 ADDITIONAL COSPONSORS deaths of individuals in the custody of Whereas the United States Central Intel- ligence Agency in a 1968 research study de- S. 287 law enforcement agencies, and for other purposes. scribed the period as one of the worst mass At the request of Mr. BEGICH, the murders of the twentieth century; name of the Senator from Nevada (Mr. S. 2930 Whereas the United States Government HELLER) was added as a cosponsor of S. At the request of Mr. MCCAIN, the provided the Indonesian Army with finan- 287, a bill to amend title 38, United names of the Senator from New Jersey cial, military, and intelligence support dur- States Code, to improve assistance to (Mr. MENENDEZ), the Senator from New ing the period of the mass killings, and did homeless veterans, and for other pur- York (Mrs. GILLIBRAND), the Senator so aware that such killings were taking poses. from New Hampshire (Ms. AYOTTE) and place as recorded in partially declassified documents in the Department of State his- the Senator from Illinois (Mr. KIRK) S. 610 tory, ‘‘Foreign Relations of the United At the request of Mr. HELLER, his were added as cosponsors of S. 2930, a States’’, pertaining to this period; name was added as a cosponsor of S. bill to direct the Secretary of Defense Whereas, within months of military leader 610, a bill to amend the Patient Protec- and the Secretary of Veterans Affairs Suharto’s assumption of the presidency fol- tion and Affordable Care Act to repeal to provide for the conduct of an evalua- lowing the mass killing, the United States certain limitations on health care ben- tion of mental health care and suicide Government began sending economic and military support to Suharto’s military re- efits. prevention programs of the Depart- ment of Defense and the Department of gime, and played an indispensable role in its S. 877 Veterans Affairs, to require a pilot pro- consolidation of power; At the request of Mr. BEGICH, the Whereas aid to the Suharto government gram on loan repayment for psychia- name of the Senator from Nevada (Mr. continued for more than three decades, de- trists who agree to serve in the Vet- HELLER) was added as a cosponsor of S. spite on-going crimes against humanity erans Health Administration of the De- 877, a bill to require the Secretary of committed by the Suharto government, in- partment of Veterans Affairs, and for Veterans Affairs to allow public access cluding mass killing and other gross viola- other purposes. tions of human rights during the invasion to research of the Department, and for AMENDMENT NO. 3980 and subsequent 24-year occupation of East other purposes. Timor; At the request of Mr. BROWN, the S. 1256 Whereas perpetrators of the 1965–66 mass name of the Senator from Mississippi At the request of Mrs. FEINSTEIN, the killings have largely lived with impunity, (Mr. COCHRAN) was added as a cospon- name of the Senator from New Jersey and the survivors and descendants of the vic- sor of amendment No. 3980 intended to (Mr. BOOKER) was added as a cosponsor tims suffer continuing discrimination eco- be proposed to H.R. 5771, to amend the nomically and for decades had limited civil of S. 1256, a bill to amend the Federal Internal Revenue Code of 1986 to extend and political rights, as noted in the 2012 In- Food, Drug, and Cosmetic Act to pre- certain expiring provisions and make donesia National Commission on Human serve the effectiveness of medically im- technical corrections, to amend the In- Rights report; portant antimicrobials used in the ternal Revenue Code of 1986 to provide Whereas the United States Government treatment of human and animal dis- has not yet fully declassified all relevant for the tax treatment of ABLE ac- eases. documents concerning this time period, and counts established under State pro- S. 1695 full disclosure could help bring historical grams for the care of family members clarity to atrocities committed in Indonesia At the request of Ms. CANTWELL, the with disabilities, and for other pur- between 1965 and 1966; names of the Senator from California poses. Whereas the United States Government (Mrs. BOXER) and the Senator from has in recent years supported the declas- f Vermont (Mr. LEAHY) were added as co- sification and release of documents in sup- sponsors of S. 1695, a bill to designate a SUBMITTED RESOLUTIONS port of truth and reconciliation efforts fol- portion of the Arctic National Wildlife lowing periods of violence in countries such Refuge as wilderness. as Chile and Brazil; SENATE RESOLUTION 596—EX- Whereas open dialogue about alleged past S. 2047 PRESSING THE SENSE OF THE crimes against humanity and past human At the request of Mrs. BOXER, the SENATE REGARDING THE NEED rights violations is important for continued name of the Senator from Oregon (Mr. FOR RECONCILIATION IN INDO- efforts to reconcile populations of Indonesia WYDEN) was added as a cosponsor of S. and to ensure a stable, sustainable peace NESIA AND DISCLOSURE BY THE 2047, a bill to prohibit the marketing of that will benefit the region and beyond; UNITED STATES GOVERNMENT electronic cigarettes to children, and Whereas, Indonesia has undergone a re- OF EVENTS SURROUNDING THE for other purposes. markable democratic transition over the MASS KILLINGS DURING 1965–66 last two decades, and is the world’s third S. 2084 largest democracy with the largest Muslim At the request of Mr. PRYOR, the Mr. UDALL of New Mexico submitted the following resolution; which was re- population in the world; name of the Senator from Nevada (Mr. Whereas through free and fair elections, HELLER) was added as a cosponsor of S. ferred to the Committee on Foreign the people of Indonesia have elected new 2084, a bill to amend the Endangered Relations: leaders who now have the opportunity to es- Species Act of 1973 to require the Sec- S. RES. 596 tablish a culture of accountability in part- retary of the Interior to publish and Whereas, on October 1, 1965, six Indonesian nership with the country’s vibrant civil soci- make available for public comment a Army generals were killed by military per- ety, press, academia, and human rights ac- sonnel, including members of Indonesia’s tivists; draft economic analysis at the time a Whereas the relationship between the proposed rule to designate critical Presidential Guard, and these killings were blamed on the Indonesian Communist Party United States and Indonesia is strong and in- habitat is published. and labeled an ‘‘attempted Communist coup volves many shared interests, as reflected in S. 2581 d’e´tat’’; the 2010 United States-Indonesia Comprehen- At the request of Mr. NELSON, the Whereas this alleged coup was used to jus- sive Partnership, including democracy and name of the Senator from New York tify the mass killing of alleged supporters of civil society, education, security, climate the Indonesian Communist Party, with esti- and environment, energy, and trade and in- (Mrs. GILLIBRAND) was added as a co- vestment; sponsor of S. 2581, a bill to require the mates of the number of dead ranging from 500,000 to 1,000,000 killed; Whereas the economic relationship be- Consumer Product Safety Commission Whereas the targeted individuals were pre- tween the United States and Indonesia is to promulgate a rule to require child dominantly unarmed civilians, and often in- strong, with bilateral goods trade exceeding safety packaging for liquid nicotine cluded members of trade unions, intellec- $27,000,000,000 and with major United States containers, and for other purposes. tuals, teachers, ethnic Chinese, and those in- companies making significant long-term in- vestments in Indonesia; and S. 2807 volved in the women’s movement; Whereas these killings and the imprison- Whereas strong relations between the At the request of Mr. BLUMENTHAL, United States and Indonesia are mutually the name of the Senator from Ken- ment of up to 1,000,000 targeted individuals were done without due process of law; beneficial to both countries: Now, therefore, tucky (Mr. PAUL) was added as a co- Whereas the targeted individuals were sub- be it sponsor of S. 2807, a bill to encourage ject to extrajudicial execution, torture, rape, Resolved, That the Senate— States to report to the Attorney Gen- forced disappearance, forced labor, and (1) condemns the mass murder in Indonesia eral certain information regarding the forced eviction; in 1965–66;

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.016 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6542 CONGRESSIONAL RECORD — SENATE December 10, 2014 (2) expresses great concern about the lack generals were killed. According to Whereas the 2011 United Nations Political of accountability enjoyed by those who car- scholars, these generals were killed by Declaration on HIV and AIDS provided an ried out crimes during this period; military personnel, but their deaths updated framework for intensified efforts to (3) urges political leaders in Indonesia to were blamed on Indonesia’s Communist eliminate HIV and AIDS, including redou- consider a truth, justice, and reconciliation bling efforts to achieve by 2015 universal ac- commission to address alleged crimes Party, which was used to justify mass cess to HIV prevention, treatment, care, and against humanity and other human rights murders. support, and to eliminate gender inequalities violations, and to work to mend differences The next few months were horrific and gender-based abuse and violence and in- and animosity that remain after the 1965–66 for the Indonesian people. The CIA has crease the capacity of women and adolescent mass killings; and called it one of the worst periods of girls to protect themselves from the risk of (4) calls on the Department of State, the mass murder in the 20th century. Hun- HIV infection; Department of Defense, the Central Intel- dreds of thousands were killed. Many Whereas the Global Fund to Fight AIDS, Tuberculosis and Malaria was launched in ligence Agency, and others involved in devel- others were imprisoned, tortured, oping and implementing policy towards In- 2002 and, as of November 2013, supported pro- donesia during this time period to establish raped, starved, and disappeared across grams in more than 140 countries that pro- an interagency working group to— the country. These individuals were vided antiretroviral therapy to 6,600,000 peo- (A) locate, identify, inventory, recommend targeted for their alleged association ple living with HIV/AIDS and antiretrovirals for declassification, and make available to with communism, but they came from to 2,100,000 pregnant women to prevent trans- the public all classified records and docu- all walks of life, including women’s mission of HIV/AIDS to their babies; ments concerning the mass killings of 1965 groups, teachers, intellectuals, and Whereas the United States is the largest and1966, including records and documents donor to the Global Fund to Fight AIDS, Tu- others. Most were unarmed, and none berculosis and Malaria; pertaining to covert operations in Indonesia had due process of law. from January 1, 1964 through March 30, 1966; Whereas, for every dollar contributed to (B) coordinate with Federal agencies and The United States provided financial the Global Fund to Fight AIDS, Tuberculosis take such actions as necessary to expedite and military assistance during this and Malaria by the United States, an addi- the release of such records to the public; and time and later, according to documents tional $2 is leveraged from other donors; (C) submit a report to Congress describing released by the State Department, and Whereas the United States President’s all such records, the disposition of such General Suharto consolidated his Emergency Plan for AIDS Relief (PEPFAR) records, and the activities of the Interagency power, ruling from 1967 to 1998. initiative was proposed by President George Group. W. Bush and passed Congress on a bipartisan Some may ask, why is this resolution vote in 2003, and remains the largest com- Mr. UDALL of New Mexico. Mr. needed? Why now? This is why. The President, our Nation and Indonesia mitment in history by any nation to combat survivors and descendents of victims a single disease; enjoy a strong relationship, reflected continue to be marginalized. Many of Whereas, as of the end of September 2014, in the U.S.-Indonesia Comprehensive the killers continue to live with impu- PEPFAR supported treatment for 7,700,000 Partnership of 2010. This partnership is nity. Very few Americans are aware of people, up from 1,700,000 in 2008, and in 2012, robust and growing. It serves both of these historical events or our govern- PEPFAR supported the provision of antiretroviral drugs to 750,000 pregnant our countries for bilateral, regional, ment’s actions during this time. These and global cooperation. The election of women living with HIV to prevent the trans- events demand our attention and reso- mission of HIV from mother to child during President Widodo in July was a step lution as we work together to build a forward—part of a great democratic birth; strong Asia-Pacific partnership. Whereas PEPFAR directly supported HIV tradition—over the past two decades in I am proud to serve on the Senate testing and counseling for more than Indonesia. We are working together for Foreign Relations Committee. An im- 56,700,000 people in fiscal year 2014; economic growth, for the environment, portant goal is the development of Whereas considerable progress has been and for our security. peaceful, stable democracies—democ- made in the fight against HIV/AIDS, with This is progress—and to be encour- the number of new HIV infections estimated racies that provide security and hope aged. Indonesia has a major role to at 2,100,000 in 2013, a 38 percent reduction to their own people and economic op- play as a regional and global leader, since 2001, new HIV infections among chil- but in that role it must be an inclusive portunity for businesses in my State dren reduced to 240,000 in 2013, a reduction of 58 percent since 2001, and AIDS-related democracy. Key to this is to address and across the United States. Indonesia is the world’s third-largest deaths reduced to 1,500,000 in 2013, a 35 per- past human rights abuses—specifically cent reduction since 2005; the mass murders committed in 1965 to democracy. Its population is diverse. It has the largest Muslim majority popu- Whereas increased access to antiretroviral 1966. Next year is the 50th anniversary drugs is the major contributor to the reduc- of those killings. lation in the world. It has faced many tion in deaths from HIV/AIDS, and HIV I rise today, International Human challenges and continues to move for- treatment reinforces prevention because it Rights Day, to submit a resolution ward. A strong U.S.-Indonesia relation- reduces, by up to 96 percent, the chance the concerning those events, which Indo- ship benefits both of our countries. I virus can be spread; nesia’s own Human Rights Commission offer this resolution in support of that Whereas the World Health Organization (WHO) has revised its guidelines for deter- has labeled a crime against humanity. relationship and Indonesia’s continued progress as a growing democracy and a mining whether HIV positive individuals are But let me be clear. This is not a cen- eligible for treatment, thereby increasing sure of the people of Indonesia or Indo- vital U.S. ally. the number of individuals eligible for treat- nesia’s new government; it is an oppor- f ment from about 15,900,000 to 28,600,000; tunity for justice and for reconcili- SENATE RESOLUTION 597—COM- Whereas 13,600,000 people in low- and mid- ation. dle-income countries had access to MEMORATING AND SUPPORTING antiretroviral therapy as of June 2014; The events took place decades ago. THE GOALS OF WORLD AIDS DAY The reasons behind them are complex, Whereas 19,000,000 of the 35,000,000 people but that cannot justify the past or for- Mr. COONS (for himself and Mrs. living with HIV globally do not know their SHAHEEN) submitted the following reso- status, according to a 2014 UNAIDS report; getting those who suffered under it, Whereas, although sub-Saharan Africa re- nor can we ignore our own govern- lution; which was referred to the Com- mittee on Foreign Relations: mains the epicenter of the epidemic with ap- ment’s role during that time. proximately 1,100,000 AIDS-related deaths in My resolution proposes two things: S. RES. 597 2013, there have also been successes, with an First, I urge Indonesia’s new govern- Whereas an estimated 35,000,000 people approximate 33 percent decline in new HIV ment to create a truth and reconcili- were living with HIV/AIDS as of the end of infections from 2005 to 2013 and a 39 percent ation commission to address these 2013; decrease in the number of AIDS-related crimes. Second, I urge our own govern- Whereas the United Nations Millennium deaths in sub-Saharan Africa between 2005 ment to establish an interagency work- Development Goals established a global tar- and 2013; ing group and to release relevant clas- get of halting and beginning to reverse the Whereas stigma, gender inequality, and sified documents. We should make spread of HIV/AIDS by 2015; lack of respect for the rights of HIV positive Whereas the 2001 United Nations Declara- individuals remain significant barriers to ac- clear what was known to us, and we tion of Commitment on HIV/AIDS mobilized cess to services for those most at risk of HIV should make this information avail- global attention and commitment to the infection; able. HIV/AIDS epidemic and set out a series of Whereas President Barack Obama voiced It is a painful history to recall. On national targets and global actions to re- commitment to realizing the promise of an October 1, 1965, six Indonesian Army verse the epidemic; AIDS-free generation and his belief that the

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.017 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6543 goal was within reach in his February 2013 under relevant goals towards achieving zero AMENDMENTS SUBMITTED AND State of the Union Address; new HIV infections, zero discrimination, and PROPOSED Whereas the international community is zero AIDS-related deaths; united in pursuit of achieving the goal of an (11) encourages and supports greater de- SA 3996. Mrs. FEINSTEIN (for herself, Mr. AIDS-free generation; grees of ownership and shared responsibility LEE, Mr. PAUL, Mr. UDALL of New Mexico, Whereas a UNAIDS 2014 report on the state by developing countries in order to ensure Mr. CRUZ, Mr. WHITEHOUSE, Ms. COLLINS, Mr. of the global epidemic assessed that AIDS sustainability of their domestic responses; COONS, Mr. ROBERTS, Mr. FRANKEN, Mr. ENZI, could be ended as a public health threat by and Mr. HEINRICH, Mr. KIRK, Mr. ROCKEFELLER, 2030 if a fast-track response is taken and cer- (12) encourages other members of the inter- Ms. KLOBUCHAR, Mr. MARKEY, Mr. NELSON, tain targets are realized by 2020, and further national community to sustain and scale up and Mr. MERKLEY) submitted an amendment intended to be proposed by her to the bill noted that doing so would avert nearly their support for and financial contributions H.R. 3979, to amend the Internal Revenue 28,000,000 new HIV infections and 21,000,000 to efforts around the world to combat HIV/ Code of 1986 to ensure that emergency serv- AIDS-related deaths by 2030; AIDS. Whereas, during the Ebola Virus Disease ices volunteers are not taken into account as f outbreak of 2014, countries with PEPFAR- employees under the shared responsibility strengthened lab capacity, human capacity, SENATE RESOLUTION 598—EX- requirements contained in the Patient Pro- and health facility capacity were able to PRESSING CONDOLENCES TO THE tection and Affordable Care Act; which was contain Ebola outbreaks; ordered to lie on the table. FAMILY OF ABDUL-RAHMAN SA 3997. Mrs. BOXER (for Mr. ROCKE- Whereas, in August 2014, PEPFAR and the PETER KASSIG AND CON- Children’s Investment Fund Foundation FELLER (for himself and Mr. THUNE)) pro- (CIFF) launched an initiative to double the DEMNING THE TERRORIST ACTS posed an amendment to the bill S. 2444, to total number of children receiving treatment OF THE ISLAMIC STATE OF IRAQ authorize appropriations for the Coast Guard over the next two years in ten countries; AND THE LEVANT for fiscal year 2015, and for other purposes. SA 3998. Mrs. BOXER (for Mr. ROCKE- Whereas December 1 of each year is inter- Mr. DONNELLY (for himself and Mr. FELLER) proposed an amendment to the bill nationally recognized as World AIDS Day; COATS) submitted the following resolu- S. 2444, supra. and SA 3999. Mrs. BOXER (for Mr. CARPER) pro- Whereas, in 2014, the theme for World AIDS tion; which was considered and agreed to: posed an amendment to the bill S. 2519, to Day commemorations was ‘‘Focus, Partner, codify an existing operations center for cy- Achieve: An AIDS-free Generation’’: Now, S. RES. 598 bersecurity. therefore, be it Whereas Abdul-Rahman Peter Kassig was a SA 4000. Mrs. BOXER (for Mr. CARPER (for Resolved, That the Senate— tireless humanitarian who devoted his life to himself and Mr. CORBURN)) proposed an (1) supports the goals and ideals of World helping those most in need; amendment to the bill H.R. 4007, to recodify AIDS Day, including seeking to get to zero Whereas Abdul-Rahman Peter Kassig saved and reauthorize the Chemical Facility Anti- new HIV infections, zero discrimination, and lives across Lebanon, Turkey, and Syria, Terrorism Standards Program. zero AIDS-related deaths; particularly through the nongovernmental SA 4001. Mrs. BOXER (for Mr. CARPER) pro- (2) applauds the goals and approaches for organization he founded, Special Emergency posed an amendment to the bill H.R. 2952, to achieving an AIDS-free generation set forth Response and Assistance; require the Secretary of Homeland Security in the PEPFAR Blueprint: Creating an Whereas Abdul-Rahman Peter Kassig rep- to assess the cybersecurity workforce of the AIDS-free Generation, as well as the targets resented the best qualities of humanity Department of Homeland Security and de- set by United Nations member states in the through his work administering medical aid, velop a comprehensive workforce strategy, 2011 United Nations Political Declaration on food and shelter to the people most impacted and for other purposes. HIV and AIDS; by the war in Syria; SA 4002. Mrs. BOXER (for Mr. CARPER) pro- (3) commends the dramatic progress in Whereas Abdul-Rahman Peter Kassig posed an amendment to the bill H.R. 2952, global AIDS programs supported through the served with honor as a United States Army supra. efforts of PEPFAR, the Global Fund to Fight Ranger; SA 4003. Mr. COBURN submitted an AIDS, Tuberculosis and Malaria, and Whereas the Islamic State of Iraq and the amendment intended to be proposed by him UNAIDS; to the bill H.R. 3979, to amend the Internal (4) urges, in order to ensure that an AIDS- Levant (referred to in this preamble as ‘‘ISIL’’) is a terrorist organization that has Revenue Code of 1986 to ensure that emer- free generation is within reach, rapid action gency services volunteers are not taken into committed widespread acts of violence by all nations towards— account as employees under the shared re- against innocent civilians throughout Iraq (A) full implementation of the Global Plan sponsibility requirements contained in the and Syria, forcing many people to flee their Towards the Elimination of New HIV Infec- Patient Protection and Affordable Care Act; homeland; tions Among Children by 2015 and Keeping which was ordered to lie on the table. Their Mothers Alive to build on progress Whereas ISIL has carried out grave atroc- SA 4004. Mr. COBURN submitted an made to date; and ities targeting Muslims and religious and amendment intended to be proposed by him (B) further expansion and scale-up of ethnic minorities in the region, including to the bill H.R. 3979, supra; which was or- antiretroviral treatment programs, includ- women and children, for enslavement, tor- dered to lie on the table. ing efforts to reduce disparities and improve ture, and massacre; SA 4005. Mr. COBURN submitted an access for children to life-saving medications Whereas ISIL has captured and assas- amendment intended to be proposed by him such as getting antiretroviral HIV medica- sinated journalists and humanitarian and to the bill H.R. 3979, supra; which was or- tion to the 2,000,000 children with HIV cur- health workers, deepening the suffering of a dered to lie on the table. rently unable to access them; war-torn region; SA 4006. Mr. COBURN submitted an amend- (5) calls for scaling up treatment to reach Whereas ISIL is responsible for the murder ment intended to be proposed by him to the all individuals eligible for treatment under of United States citizens; and bill H.R. 3979, supra; which was ordered to lie WHO guidelines; Whereas ISIL continues to hold hostages in on the table. (6) calls for greater focus on the HIV-re- contravention of international law: Now, SA 4007. Mr. COBURN submitted an lated vulnerabilities of women and girls, in- therefore, be it amendment intended to be proposed by him cluding those at risk for or who have sur- Resolved, to the bill H.R. 3979, supra; which was or- vived violence or faced discrimination as a SECTION 1. SENSE OF THE SENATE. dered to lie on the table. SA 4008. Mr. COBURN submitted an result of the disease, and urges more directed The Senate— amendment intended to be proposed by him efforts to ensure that they are connected to (1) mourns the death of Abdul-Rahman to the bill H.R. 3979, supra; which was or- the information, care, support, and treat- Peter Kassig; (2) expresses condolences to the family and dered to lie on the table. ment they require; SA 4009. Mr. COBURN submitted an (7) supports efforts to ensure inclusive ac- loved ones of Abdul-Rahman Peter Kassig; (3) condemns the terrorist acts by the Is- amendment intended to be proposed by him cess to programs and appropriate protections to the bill H.R. 3979, supra; which was or- lamic State of Iraq and the Levant (referred for all those most at risk of HIV/AIDS and dered to lie on the table. to in this resolution as ‘‘ISIL’’), including hardest to reach; SA 4010. Mr. COBURN submitted an (8) encourages additional private-public the targeting of innocent civilians, journal- amendment intended to be proposed by him partnerships to research and develop better ists, and aid workers; and to the bill H.R. 3979, supra; which was or- and more affordable tools for the diagnosis, (4) urges the United States and the inter- dered to lie on the table. treatment, vaccination, and cure of HIV; national community, working in partnership SA 4011. Mr. COBURN submitted an (9) supports continued leadership by the with the governments and citizens of the amendment intended to be proposed by him United States in bilateral, multilateral, and Middle East, to address the threat posed by to the bill H.R. 3979, supra; which was or- private sector efforts to fight HIV; ISIL and the suffering of innocent civilians dered to lie on the table. (10) stresses the importance of ensuring impacted by the conflict. SA 4012. Mr. COBURN submitted an that HIV and AIDS are central to the post- SEC. 2. RULE OF CONSTRUCTION. amendment intended to be proposed by him 2015 United Nations development agenda and Nothing in this resolution is a declaration to the bill H.R. 3979, supra; which was or- of advocating for the inclusion of targets of war or authorization to use force. dered to lie on the table.

VerDate Mar 15 2010 03:16 Sep 10, 2015 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD14\DEC 2014\S10DE4.REC S10DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6544 CONGRESSIONAL RECORD — SENATE December 10, 2014 SA 4013. Mr. COBURN submitted an SA 4035. Mr. COBURN submitted an SA 4057. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4014. Mr. COBURN submitted an SA 4036. Mr. COBURN submitted an amend- SA 4058. Mr. COBURN submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- dered to lie on the table. on the table. dered to lie on the table. SA 4015. Mr. COBURN submitted an SA 4037. Mr. COBURN submitted an SA 4059. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4016. Mr. COBURN submitted an amend- SA 4038. Mr. COBURN submitted an SA 4060. Mr. COBURN submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 4017. Mr. RUBIO submitted an amend- SA 4039. Mr. COBURN submitted an SA 4061. Mr. COBURN submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 4018. Mr. RUBIO submitted an amend- SA 4040. Mr. COBURN submitted an SA 4062. Mr. COBURN submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 4019. Mr. RUBIO submitted an amend- SA 4041. Mr. COBURN submitted an SA 4063. Mr. COBURN submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 4020. Mr. RUBIO submitted an amend- SA 4042. Mr. COBURN submitted an SA 4064. Mr. COBURN submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 4021. Mr. RUBIO submitted an amend- SA 4043. Mr. COBURN submitted an SA 4065. Mr. COBURN submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 4022. Mr. COBURN submitted an SA 4044. Mr. COBURN submitted an SA 4066. Mr. COBURN submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by him ment intended to be proposed by him to the to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie dered to lie on the table. dered to lie on the table. on the table. SA 4023. Mr. COBURN submitted an SA 4045. Mr. COBURN submitted an SA 4067. Mr. COBURN submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by him ment intended to be proposed by him to the to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie dered to lie on the table. dered to lie on the table. on the table. SA 4024. Mr. COBURN submitted an SA 4046. Mr. COBURN submitted an amend- SA 4068. Mr. COBURN submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the ment intended to be proposed by him to the to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie bill H.R. 3979, supra; which was ordered to lie dered to lie on the table. on the table. on the table. SA 4025. Mr. COBURN submitted an SA 4047. Mr. COBURN submitted an SA 4069. Mr. COBURN submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by him ment intended to be proposed by him to the to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie dered to lie on the table. dered to lie on the table. on the table. SA 4026. Mr. COBURN submitted an amend- SA 4048. Mr. COBURN submitted an SA 4070. Mr. COBURN submitted an ment intended to be proposed by him to the amendment intended to be proposed by him amendment intended to be proposed by him bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- on the table. dered to lie on the table. dered to lie on the table. SA 4027. Mr. COBURN submitted an SA 4049. Mr. COBURN submitted an SA 4071. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4028. Mr. COBURN submitted an SA 4050. Mr. COBURN submitted an SA 4072. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4029. Mr. COBURN submitted an SA 4051. Mr. COBURN submitted an SA 4073. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4030. Mr. COBURN submitted an SA 4052. Mr. COBURN submitted an SA 4074. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4031. Mr. COBURN submitted an SA 4053. Mr. COBURN submitted an SA 4075. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4032. Mr. COBURN submitted an SA 4054. Mr. COBURN submitted an SA 4076. Mr. COBURN submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by him ment intended to be proposed by him to the to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie dered to lie on the table. dered to lie on the table. on the table. SA 4033. Mr. COBURN submitted an SA 4055. Mr. COBURN submitted an SA 4077. Mr. COBURN submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- dered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4034. Mr. COBURN submitted an SA 4056. Mr. COBURN submitted an amend- SA 4078. Mr. COBURN submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- dered to lie on the table. on the table. dered to lie on the table.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.019 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6545 SA 4079. Mr. COBURN submitted an or otherwise detained by the United States Sec. 222. Technical corrections to title 14. amendment intended to be proposed by him except consistent with the Constitution and Sec. 223. Multiyear procurement authority to the bill H.R. 3979, supra; which was or- pursuant to an act of Congress that expressly for Offshore Patrol Cutters. dered to lie on the table. authorizes such imprisonment or deten- Sec. 224. Maintaining Medium Endurance SA 4080. Mr. COBURN submitted an tion.’’; Cutter mission capability. amendment intended to be proposed by him (2) by redesignating subsection (b) as sub- Sec. 225. Aviation capability. to the bill H.R. 3979, supra; which was or- section (c); and Sec. 226. Gaps in writings on Coast Guard dered to lie on the table. (3) by inserting after subsection (a) the fol- history. SA 4081. Mr. COBURN submitted an lowing: Sec. 227. Officer evaluation reports. amendment intended to be proposed by him ‘‘(b)(1) A general authorization to use mili- Sec. 228. Improved safety information for to the bill H.R. 3979, supra; which was or- tary force, a declaration of war, or any simi- vessels. dered to lie on the table. Sec. 229. E–LORAN. lar authority, on its own, shall not be con- Sec. 230. Analysis of resource deficiencies SA 4082. Mr. COBURN submitted an strued to authorize the imprisonment or de- amendment intended to be proposed by him with respect to maritime bor- tention without charge or trial of a citizen der security. to the bill H.R. 3979, supra; which was or- or lawful permanent resident of the United dered to lie on the table. Sec. 231. Modernization of National Distress States apprehended in the United States. and Response System. SA 4083. Mr. COBURN submitted an ‘‘(2) Paragraph (1) applies to an authoriza- amendment intended to be proposed by him Sec. 232. Report reconciling maintenance tion to use military force, a declaration of and operational priorities on to the bill H.R. 3979, supra; which was or- war, or any similar authority enacted before, dered to lie on the table. the Missouri River. on, or after the date of the enactment of the Sec. 233. Maritime Search and Rescue As- SA 4084. Mr. COBURN submitted an Carl Levin and Howard P. ‘Buck’ McKeon amendment intended to be proposed by him sistance Policy assessment. National Defense Authorization Act for Fis- TITLE III—SHIPPING AND NAVIGATION to the bill H.R. 3979, supra; which was or- cal Year 2015. dered to lie on the table. ‘‘(3) This section shall not be construed to Sec. 301. Repeal. SA 4085. Mr. COBURN submitted an Sec. 302. Donation of historical property. authorize the imprisonment or detention of a amendment intended to be proposed by him Sec. 303. Small shipyards. citizen of the United States, a lawful perma- to the bill H.R. 3979, supra; which was or- Sec. 304. Drug testing reporting. nent resident of the United States, or any dered to lie on the table. Sec. 305. Opportunities for sea service vet- SA 4086. Mr. COBURN submitted an amend- other person who is apprehended in the erans. ment intended to be proposed by him to the United States.’’. Sec. 306. Clarification of high-risk waters. bill H.R. 3979, supra; which was ordered to lie Sec. 307. Technical corrections. on the table. SA 3997. Mrs. BOXER (for Mr. ROCKE- Sec. 308. Report. SA 4087. Mr. COBURN submitted an FELLER (for himself and Mr. THUNE)) Sec. 309. Fishing safety grant programs. Sec. 310. Establishment of Merchant Marine amendment intended to be proposed by him proposed an amendment to the bill S. Personnel Advisory Committee. to the bill H.R. 3979, supra; which was or- 2444, to authorize appropriations for Sec. 311. Travel and subsistence. dered to lie on the table. the Coast Guard for fiscal year 2015, Sec. 312. Prompt intergovernmental notice SA 4088. Mr. COBURN submitted an and for other purposes; as follows: of marine casualties. amendment intended to be proposed by him Sec. 313. Area Contingency Plans. to the bill H.R. 3979, supra; which was or- Strike all after the enacting clause and in- sert the following: Sec. 314. International ice patrol reform. dered to lie on the table. Sec. 315. Offshore supply vessel third-party SA 4089. Mr. COBURN submitted an SECTION 1. SHORT TITLE. inspection. amendment intended to be proposed by him This Act may be cited as the ‘‘Howard Sec. 316. Watches. to the bill H.R. 3979, supra; which was or- Coble Coast Guard and Maritime Transpor- Sec. 317. Coast Guard response plan require- dered to lie on the table. tation Act of 2014’’. ments. SA 4090. Mr. COBURN submitted an SEC. 2. TABLE OF CONTENTS. Sec. 318. Regional Citizens’ Advisory Coun- amendment intended to be proposed by him The table of contents for this Act is the cil. to the bill H.R. 3979, supra; which was or- following: Sec. 319. Uninspected passenger vessels in dered to lie on the table. the United States Virgin Is- SA 4091. Mr. SCHATZ (for himself, Mr. Sec. 1. Short title. Sec. 2. Table of contents. lands. MURPHY, Ms. BALDWIN, Mr. BOOKER, Mrs. Sec. 320. Treatment of abandoned seafarers. GILLIBRAND, and Mr. BEGICH) submitted an TITLE I—AUTHORIZATION Sec. 321. Website. amendment intended to be proposed by him Sec. 101. Authorization of appropriations. Sec. 322. Coast Guard regulations. to the bill H.R. 3979, supra; which was or- Sec. 102. Authorized levels of military TITLE IV—FEDERAL MARITIME dered to lie on the table. strength and training. COMMISSION f TITLE II—COAST GUARD Sec. 401. Authorization of appropriations. Sec. 402. Award of reparations. TEXT OF AMENDMENTS Sec. 201. Commissioned officers. Sec. 202. Commandant; appointment. Sec. 403. Terms of Commissioners. SA 3996. Mrs. FEINSTEIN (for her- Sec. 203. Prevention and response TITLE V—ARCTIC MARITIME self, Mr. LEE, Mr. PAUL, Mr. UDALL of workforces. TRANSPORTATION New Mexico, Mr. CRUZ, Mr. WHITE- Sec. 204. Centers of expertise. Sec. 501. Arctic maritime transportation. HOUSE, Ms. COLLINS, Mr. COONS, Mr. Sec. 205. Penalties. Sec. 502. Arctic maritime domain awareness. ROBERTS, Mr. FRANKEN, Mr. ENZI, Mr. Sec. 206. Agreements. Sec. 503. IMO Polar Code negotiations. Sec. 207. Tuition assistance program cov- Sec. 504. Forward operating facilities. HEINRICH, Mr. KIRK, Mr. ROCKEFELLER, erage of textbooks and other Sec. 505. Icebreakers. Ms. KLOBUCHAR, Mr. MARKEY, Mr. NEL- educational materials. Sec. 506. Icebreaking in polar regions. SON, and Mr. MERKLEY) submitted an Sec. 208. Coast Guard housing. TITLE VI—MISCELLANEOUS amendment intended to be proposed by Sec. 209. Lease authority. Sec. 601. Distant water tuna fleet. her to the bill H.R. 3979, to amend the Sec. 210. Notification of certain determina- Sec. 602. Extension of moratorium. Internal Revenue Code of 1986 to ensure tions. Sec. 603. National maritime strategy. that emergency services volunteers are Sec. 211. Annual Board of Visitors. Sec. 604. Waivers. not taken into account as employees Sec. 212. Flag officers. Sec. 605. Competition by United States flag vessels. under the shared responsibility re- Sec. 213. Repeal of limitation on medals of honor. Sec. 606. Vessel requirements for notices of quirements contained in the Patient Sec. 214. Coast Guard family support and arrival and departure and auto- Protection and Affordable Care Act; child care. matic identification system. which was ordered to lie on the table; Sec. 215. Mission need statement. Sec. 607. Conveyance of Coast Guard prop- as follows: Sec. 216. Transmission of annual Coast erty in Rochester, New York. Sec. 608. Conveyance of certain property in At the end of subtitle D of title X, add the Guard authorization request. Gig Harbor, Washington. following: Sec. 217. Inventory of real property. Sec. 609. Vessel determination. SEC. 1034. PROHIBITION ON THE INDEFINITE DE- Sec. 218. Retired service members and de- pendents serving on advisory Sec. 610. Safe vessel operation in Thunder TENTION OF CITIZENS AND LAWFUL Bay. PERMANENT RESIDENTS. committees. Sec. 611. Parking facilities. Section 4001 of title 18, United States Code, Sec. 219. Active duty for emergency aug- is amended— mentation of regular forces. TITLE I—AUTHORIZATION (1) by striking subsection (a) and inserting Sec. 220. Acquisition workforce expedited SEC. 101. AUTHORIZATION OF APPROPRIATIONS. the following new subsection (a): hiring authority. Funds are authorized to be appropriated ‘‘(a) No citizen or lawful permanent resi- Sec. 221. Coast Guard administrative sav- for fiscal year 2015 for necessary expenses of dent of the United States shall be imprisoned ings. the Coast Guard as follows:

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.020 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6546 CONGRESSIONAL RECORD — SENATE December 10, 2014 (1) For the operation and maintenance of (2) in subsection (c) by striking ‘‘or marine quired as part of such training or course of the Coast Guard, $6,981,036,000. safety engineer’’ and inserting ‘‘marine safe- instruction’’ after ‘‘correspondence courses’’. (2) For the acquisition, construction, re- ty engineer, waterways operations manager, SEC. 208. COAST GUARD HOUSING. building, and improvement of aids to naviga- or port and facility safety and security spe- (a) COMMANDANT; GENERAL POWERS.—Sec- tion, shore and offshore facilities, vessels, cialist’’; and tion 93(a)(13) of title 14, United States Code, and aircraft, including equipment related (3) in subsection (f)(2) by striking ‘‘investi- is amended by striking ‘‘the Treasury’’ and thereto, $1,546,448,000, to remain available gator or marine safety engineer.’’ and insert- inserting ‘‘the fund established under section until expended. ing ‘‘investigator, marine safety engineer, 687’’. (3) For the Coast Guard Reserve program, waterways operations manager, or port and (b) LIGHTHOUSE PROPERTY.—Section 672a(b) including personnel and training costs, facility safety and security specialist.’’. of title 14, United States Code, is amended by equipment, and services, $140,016,000. SEC. 204. CENTERS OF EXPERTISE. (4) For environmental compliance and res- striking ‘‘the Treasury’’ and inserting ‘‘the Section 58(b) of title 14, United States fund established under section 687’’. toration of Coast Guard vessels, aircraft, and Code, is amended to read as follows: (c) CONFORMING AMENDMENT.—Section facilities (other than parts and equipment ‘‘(b) MISSIONS.—Any center established 687(b) of title 14, United States Code, is associated with operation and maintenance), under subsection (a) shall— amended by adding at the end the following: $16,701,000, to remain available until ex- ‘‘(1) promote, facilitate, and conduct— ‘‘(4) Monies received under section pended. ‘‘(A) education; 93(a)(13). (5) To the Commandant of the Coast Guard ‘‘(B) training; and ‘‘(5) Amounts received under section for research, development, test, and evalua- ‘‘(C) activities authorized under section 672a(b).’’. tion of technologies, materials, and human 93(a)(4); factors directly related to improving the per- ‘‘(2) be a repository of information on oper- SEC. 209. LEASE AUTHORITY. formance of the Coast Guard’s mission with ations, practices, and resources related to Section 93 of title 14, United States Code, respect to search and rescue, aids to naviga- the mission for which the center was estab- is amended by adding at the end the fol- tion, marine safety, marine environmental lished; and lowing: protection, enforcement of laws and treaties, ‘‘(3) perform and support the mission for ‘‘(f) LEASING OF TIDELANDS AND SUBMERGED ice operations, oceanographic research, and which the center was established.’’. LANDS.— defense readiness, $19,890,000. ‘‘(1) AUTHORITY.—The Commandant may (6) For alteration or removal of bridges SEC. 205. PENALTIES. lease under subsection (a)(13) submerged over navigable waters of the United States (a) AIDS TO NAVIGATION AND FALSE DIS- lands and tidelands under the control of the constituting obstructions to navigation, and TRESS MESSAGES.—Chapter 5 of title 14, Coast Guard without regard to the limita- for personnel and administrative costs asso- United States Code, is amended— tion under that subsection with respect to ciated with the Alteration of Bridges Pro- (1) in section 83 by striking ‘‘$100’’ and in- lease duration. gram, $16,000,000. serting ‘‘$1,500’’; ‘‘(2) LIMITATION.—The Commandant may SEC. 102. AUTHORIZED LEVELS OF MILITARY (2) in section 84 by striking ‘‘$500’’ and in- STRENGTH AND TRAINING. serting ‘‘$1,500’’; lease submerged lands and tidelands under (a) ACTIVE DUTY STRENGTH.—The Coast (3) in section 85 by striking ‘‘$100’’ and in- paragraph (1) only if— Guard is authorized an end-of-year strength serting ‘‘$1,500’’; and ‘‘(A) lease payments are— for active duty personnel of 43,000 for fiscal (4) in section 88(c)(2) by striking ‘‘$5,000’’ ‘‘(i) received exclusively in the form of year 2015. and inserting ‘‘$10,000’’. cash; (b) MILITARY TRAINING STUDENT LOADS.— (b) UNAUTHORIZED USE OF WORDS ‘‘COAST ‘‘(ii) equal to the fair market value of the The Coast Guard is authorized average mili- GUARD’’.—Section 639 of title 14, United use of the leased submerged lands or tide- tary training student loads for fiscal year States Code, is amended by striking ‘‘$1,000’’ lands for the period during which such lands 2015 as follows: and inserting ‘‘$10,000’’. are leased, as determined by the Com- (1) For recruit and special training, 2,500 SEC. 206. AGREEMENTS. mandant; and ‘‘(iii) deposited in the fund established student years. (a) IN GENERAL.—Section 93(a)(4) of title 14, (2) For flight training, 165 student years. United States Code, is amended— under section 687; and (3) For professional training in military (1) by striking ‘‘, investigate’’ and insert- ‘‘(B) the lease does not provide authority and civilian institutions, 350 student years. ing ‘‘and investigate’’; and to or commit the Coast Guard to use or sup- (4) For officer acquisition, 1,200 student (2) by striking ‘‘, and cooperate and coordi- port any improvements to such submerged years. nate such activities with other Government lands or tidelands, or obtain goods or serv- TITLE II—COAST GUARD agencies and with private agencies’’. ices from the lessee.’’. SEC. 201. COMMISSIONED OFFICERS. (b) AUTHORITY.—Chapter 5 of title 14, SEC. 210. NOTIFICATION OF CERTAIN DETER- Section 42(a) of title 14, United States United States Code, as amended by this Act, MINATIONS. Code, is amended by striking ‘‘7,200’’ and in- is further amended by adding at the end the (a) IN GENERAL.—Chapter 5 of title 14, serting ‘‘6,900’’. following: United States Code, as amended by this Act, SEC. 202. COMMANDANT; APPOINTMENT. ‘‘§ 102. Agreements is further amended by adding at the end the Section 44 of title 14, United States Code, following: ‘‘(a) IN GENERAL.—In carrying out section is amended by inserting after the first sen- 93(a)(4), the Commandant may— ‘‘§ 103. Notification of certain determinations tence the following: ‘‘The term of an ap- ‘‘(1) enter into cooperative agreements, pointment, and any reappointment, shall ‘‘(a) IN GENERAL.—At least 90 days prior to contracts, and other agreements with— begin on June 1 of the appropriate year and making a final determination that a water- end on May 31 of the appropriate year, ex- ‘‘(A) Federal entities; way, or a portion thereof, is navigable for cept that, in the event of death, retirement, ‘‘(B) other public or private entities in the purposes of the jurisdiction of the Coast resignation, or reassignment, or when the United States, including academic entities; Guard, the Commandant shall provide notifi- needs of the Service demand, the Secretary and cation regarding the proposed determination may alter the date on which a term begins or ‘‘(C) foreign governments with the concur- to— ends if the alteration does not result in the rence of the Secretary of State; and ‘‘(1) the Governor of each State in which term exceeding a period of 4 years.’’. ‘‘(2) impose on and collect from an entity such waterway, or portion thereof, is lo- SEC. 203. PREVENTION AND RESPONSE subject to an agreement or contract under cated; WORKFORCES. paragraph (1) a fee to assist with expenses in- ‘‘(2) the public; and Section 57 of title 14, United States Code, curred in carrying out such section. ‘‘(3) the Committee on Commerce, Science, is amended— ‘‘(b) DEPOSIT AND USE OF FEES.—Fees col- and Transportation of the Senate and the (1) in subsection (b)— lected under this section shall be deposited Committee on Transportation and Infra- (A) in paragraph (2) by striking ‘‘or’’ at the in the general fund of the Treasury as offset- structure of the House of Representatives. end; ting receipts. The fees may be used, to the ‘‘(b) CONTENT REQUIREMENT.—Each notifi- (B) in paragraph (3) by striking the period extent provided in advance in an appropria- cation provided under subsection (a) to an at the end and inserting a semicolon; and tion law, only to carry out activities under entity specified in paragraph (3) of that sub- (C) by adding at the end the following: section 93(a)(4).’’. section shall include— ‘‘(4) waterways operations manager shall (c) CLERICAL AMENDMENT.—The analysis ‘‘(1) an analysis of whether vessels oper- have knowledge, skill, and practical experi- for such chapter is amended by adding at the ating on the waterway, or portion thereof, ence with respect to marine transportation end the following: subject to the proposed determination are system management; or ‘‘102. Agreements.’’. subject to inspection or similar regulation ‘‘(5) port and facility safety and security SEC. 207. TUITION ASSISTANCE PROGRAM COV- by State or local officials; specialist shall have knowledge, skill, and ERAGE OF TEXTBOOKS AND OTHER ‘‘(2) an analysis of whether operators of practical experience with respect to the safe- EDUCATIONAL MATERIALS. commercial vessels on such waterway, or ty, security, and environmental protection Section 93(a)(7) of title 14, United States portion thereof, are subject to licensing or responsibilities associated with maritime Code, is amended by inserting ‘‘and the text- similar regulation by State or local officials; ports and facilities.’’; books, manuals, and other materials re- and

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‘‘(3) an estimate of the annual costs that ‘‘(g) REIMBURSEMENT.—Each member of the ‘‘SUBCHAPTER II—COAST GUARD the Coast Guard may incur in conducting op- Board and each adviser consulted by the FAMILY SUPPORT erations on such waterway, or portion there- Board under subsection (f) shall be reim- ‘‘§ 542. Education and training opportunities of.’’. bursed, to the extent permitted by law, by for Coast Guard spouses (b) CLERICAL AMENDMENT.—The analysis the Coast Guard for actual expenses incurred ‘‘(a) TUITION ASSISTANCE.—The Com- for such chapter, as amended by this Act, is while engaged in duties as a member or ad- mandant may provide, subject to the avail- further amended by adding at the end the viser.’’. ability of appropriations, tuition assistance following: SEC. 212. FLAG OFFICERS. to an eligible spouse to facilitate the acqui- ‘‘103. Notification of certain determina- (a) IN GENERAL.—Title 14, United States sition of— tions.’’. Code, is amended by inserting after section ‘‘(1) education and training required for a SEC. 211. ANNUAL BOARD OF VISITORS. 295 the following: degree or credential at an accredited college, Section 194 of title 14, United States Code, ‘‘§ 296. Flag officers university, or technical school in the United is amended to read as follows: States that expands employment and port- ‘‘During any period in which the Coast ‘‘§ 194. Annual Board of Visitors able career opportunities for the spouse; or Guard is not operating as a service in the ‘‘(2) education prerequisites and a profes- ‘‘(a) IN GENERAL.—A Board of Visitors to Navy, section 1216(d) of title 10 does not sional license or credential required, by a the Coast Guard Academy is established to apply with respect to flag officers of the government or government-sanctioned li- review and make recommendations on the Coast Guard.’’. operation of the Academy. censing body, for an occupation that expands (b) CLERICAL AMENDMENT.—The analysis ‘‘(b) MEMBERSHIP.— employment and portable career opportuni- for chapter 11 of title 14, United States Code, ‘‘(1) IN GENERAL.—The membership of the ties for the spouse. is amended by inserting after the item relat- Board shall consist of the following: ‘‘(b) DEFINITIONS.—In this section, the fol- ing to section 295 the following: ‘‘(A) The chairman of the Committee on lowing definitions apply: Commerce, Science, and Transportation of ‘‘296. Flag officers.’’. ‘‘(1) ELIGIBLE SPOUSE.— the Senate, or the chairman’s designee. SEC. 213. REPEAL OF LIMITATION ON MEDALS OF ‘‘(A) IN GENERAL.—The term ‘eligible ‘‘(B) The chairman of the Committee on HONOR. spouse’ means the spouse of a member of the Transportation and Infrastructure of the Section 494 of title 14, United States Code, Coast Guard who is serving on active duty House of Representatives, or the chairman’s is amended by striking ‘‘medal of honor,’’ and includes a spouse who receives transi- designee. each place it appears. tional compensation under section 1059 of ‘‘(C) 3 Members of the Senate designated SEC. 214. COAST GUARD FAMILY SUPPORT AND title 10. by the Vice President. CHILD CARE. ‘‘(B) EXCLUSION.—The term ‘eligible ‘‘(D) 4 Members of the House of Represent- (a) IN GENERAL.—Title 14, United States spouse’ does not include a person who— atives designated by the Speaker of the Code, as amended by this Act, is further ‘‘(i) is married to, but legally separated House of Representatives. amended by inserting after chapter 13 the from, a member of the Coast Guard under a ‘‘(E) 6 individuals designated by the Presi- following: court order or statute of any State or terri- dent. ‘‘CHAPTER 14—COAST GUARD FAMILY torial possession of the United States; or ‘‘(2) LENGTH OF SERVICE.— SUPPORT AND CHILD CARE ‘‘(ii) is eligible for tuition assistance as a member of the Armed Forces. ‘‘(A) MEMBERS OF CONGRESS.—A Member of ‘‘SUBCHAPTER I—GENERAL PROVISIONS Congress designated under subparagraph (C) ‘‘(2) PORTABLE CAREER.—The term ‘port- ‘‘Sec. or (D) of paragraph (1) as a member of the able career’ includes an occupation that re- ‘‘531. Work-life policies and programs. Board shall be designated as a member in the quires education, training, or both that re- ‘‘532. Surveys of Coast Guard families. First Session of a Congress and serve for the sults in a credential that is recognized by an duration of that Congress. ‘‘SUBCHAPTER II—COAST GUARD FAMILY industry, profession, or specific type of busi- ‘‘(B) INDIVIDUALS DESIGNATED BY THE PRESI- SUPPORT ness. DENT.—Each individual designated by the ‘‘542. Education and training opportunities ‘‘§ 543. Youth sponsorship initiatives President under subparagraph (E) of para- for Coast Guard spouses. ‘‘(a) IN GENERAL.—The Commandant is au- graph (1) shall serve as a member of the ‘‘543. Youth sponsorship initiatives. thorized to establish, within any Coast Board for 3 years, except that any such mem- ‘‘SUBCHAPTER III—COAST GUARD CHILD CARE Guard unit, an initiative to help integrate ber whose term of office has expired shall ‘‘551. Definitions. into new surroundings the dependent chil- continue to serve until a successor is ap- ‘‘553. Child development center standards dren of members of the Coast Guard who re- pointed. and inspections. ceived permanent change of station orders. ‘‘(3) DEATH OR RESIGNATION OF A MEMBER.— ‘‘554. Child development center employees. ‘‘(b) DESCRIPTION OF INITIATIVE.—An initia- If a member of the Board dies or resigns, a ‘‘555. Parent partnerships with child develop- tive established under subsection (a) shall— successor shall be designated for any unex- ment centers. ‘‘(1) provide for the involvement of a de- pired portion of the term of the member by ‘‘SUBCHAPTER I—GENERAL PROVISIONS pendent child of a member of the Coast the official who designated the member. Guard in the dependent child’s new Coast ‘‘(c) ACADEMY VISITS.— ‘‘§ 531. Work-life policies and programs Guard community; and ‘‘(1) ANNUAL VISIT.—The Board shall visit ‘‘The Commandant is authorized— ‘‘(2) primarily focus on preteen and teen- the Academy annually to review the oper- ‘‘(1) to establish an office for the purpose of aged children. ation of the Academy. developing, promulgating, and coordinating ‘‘(c) AUTHORITY.—In carrying out an initia- ‘‘(2) ADDITIONAL VISITS.—With the approval policies, programs, and activities related to tive under subsection (a), the Commandant of the Secretary, the Board or individual the families of Coast Guard members; may— members of the Board may make other visits ‘‘(2) to implement and oversee policies, ‘‘(1) provide to a dependent child of a mem- to the Academy in connection with the du- programs, and activities described in para- ber of the Coast Guard information on youth ties of the Board or to consult with the Su- graph (1) as the Commandant considers nec- programs and activities available in the de- perintendent of the Academy. essary; and pendent child’s new Coast Guard community; ‘‘(d) SCOPE OF REVIEW.—The Board shall re- ‘‘(3) to perform such other duties as the and view, with respect to the Academy— Commandant considers necessary. ‘‘(2) enter into agreements with nonprofit ‘‘(1) the state of morale and discipline; ‘‘§ 532. Surveys of Coast Guard families entities to provide youth programs and ac- ‘‘(2) the curriculum; tivities to such child. ‘‘(a) AUTHORITY.—The Commandant, in ‘‘(3) instruction; order to determine the effectiveness of Fed- ‘‘SUBCHAPTER III—COAST GUARD CHILD ‘‘(4) physical equipment; eral policies, programs, and activities re- CARE ‘‘(5) fiscal affairs; and lated to the families of Coast Guard mem- ‘‘§ 551. Definitions ‘‘(6) other matters relating to the Academy bers, may survey— ‘‘In this subchapter, the following defini- that the Board determines appropriate. tions apply: ‘‘(e) REPORT.—Not later than 60 days after ‘‘(1) any Coast Guard member; the date of an annual visit of the Board ‘‘(2) any retired Coast Guard member; ‘‘(1) CHILD ABUSE AND NEGLECT.—The term under subsection (c)(1), the Board shall sub- ‘‘(3) the immediate family of any Coast ‘child abuse and neglect’ has the meaning mit to the Secretary, the Committee on Guard member or retired Coast Guard mem- given that term in section 3 of the Child Commerce, Science, and Transportation of ber; and Abuse Prevention and Treatment Act (42 the Senate, and the Committee on Transpor- ‘‘(4) any survivor of a deceased Coast U.S.C. 5101 note). tation and Infrastructure of the House of Guard member. ‘‘(2) CHILD DEVELOPMENT CENTER EM- Representatives a report on the actions of ‘‘(b) VOLUNTARY PARTICIPATION.—Partici- PLOYEE.—The term ‘child development cen- the Board during such visit and the rec- pation in any survey conducted under sub- ter employee’ means a civilian employee of ommendations of the Board pertaining to the section (a) shall be voluntary. the Coast Guard who is employed to work in Academy. ‘‘(c) FEDERAL RECORDKEEPING.—Each per- a Coast Guard child development center ‘‘(f) ADVISORS.—If approved by the Sec- son surveyed under subsection (a) shall be without regard to whether the employee is retary, the Board may consult with advisors considered an employee of the United States paid from appropriated or nonappropriated in carrying out this section. for purposes of section 3502(3)(A)(i) of title 44. funds.

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‘‘(3) COAST GUARD CHILD DEVELOPMENT CEN- ‘‘(1) SPECIALIST REQUIRED.—The Com- ‘‘14. Coast Guard Family Support and TER.—The term ‘Coast Guard child develop- mandant shall require that at least 1 em- Child Care ...... 531’’. ment center’ means a facility on Coast ployee at each Coast Guard child develop- (B) CHAPTER 13.—The analysis for chapter Guard property or on property under the ju- ment center be a specialist in training and 13 of title 14, United States Code, is amend- risdiction of the commander of a Coast curriculum development with appropriate ed— Guard unit at which child care services are credentials and experience. (i) by striking the item relating to section provided for members of the Coast Guard. ‘‘(2) DUTIES.—The duties of the specialist 514; and ‘‘(4) COMPETITIVE SERVICE POSITION.—The described in paragraph (1) shall include— (ii) by striking the item relating to section term ‘competitive service position’ means a ‘‘(A) special teaching activities; 515. position in the competitive service (as de- ‘‘(B) daily oversight and instruction of (C) CHAPTER 14.—The analysis for chapter fined in section 2102 of title 5). other child care employees; 14 of title 14, United States Code, as added by ‘‘(5) FAMILY HOME DAYCARE.—The term ‘‘(C) daily assistance in the preparation of subsection (a) of this section, is amended by ‘family home daycare’ means home-based lesson plans; inserting— child care services provided for a member of ‘‘(D) assisting with child abuse and neglect (i) before the item relating to section 542 the Coast Guard by an individual who— prevention and detection; and the following: ‘‘(A) is certified by the Commandant as ‘‘(E) advising the director of the center on qualified to provide home-based child care the performance of the other child care em- ‘‘541. Reimbursement for adoption ex- services; and ployees. penses.’’; ‘‘(B) provides home-based child care serv- ‘‘(3) COMPETITIVE SERVICE.—Each specialist (ii) after the item relating to section 551 ices on a regular basis in exchange for mone- described in paragraph (1) shall be an em- the following: tary compensation. ployee in a competitive service position. ‘‘552. Child development services.’’; and ‘‘§ 553. Child development center standards ‘‘§ 555. Parent partnerships with child devel- (iii) after the item relating to section 543 and inspections opment centers the following: ‘‘(a) STANDARDS.—The Commandant shall ‘‘(a) PARENT BOARDS.— ‘‘544. Dependent school children.’’. require each Coast Guard child development ‘‘(1) FORMATION.—The Commandant shall (D) CHAPTER 17.—The analysis for chapter center to meet standards that the Com- require that there be formed at each Coast 17 of title 14, United States Code, is amended mandant considers appropriate to ensure the Guard child development center a board of by striking the item relating to section 657. health, safety, and welfare of the children parents, to be composed of parents of chil- (c) COMMANDANT; GENERAL POWERS.—Sec- and employees at the center. dren attending the center. tion 93(a)(7) of title 14, United States Code, ‘‘(b) INSPECTIONS.—The Commandant shall ‘‘(2) FUNCTIONS.—Each board of parents as amended by this Act, is further amended provide for regular and unannounced inspec- formed under paragraph (1) shall— by inserting ‘‘, and to eligible spouses as de- tions of each Coast Guard child development ‘‘(A) meet periodically with the staff of the fined under section 542,’’ after ‘‘Coast center to ensure compliance with this sec- center at which the board is formed and the Guard’’. tion. commander of the unit served by the center, (d) SENSE OF CONGRESS.— ‘‘(c) NATIONAL REPORTING.— for the purpose of discussing problems and (1) IN GENERAL.—It is the sense of Congress ‘‘(1) IN GENERAL.—The Commandant shall concerns; and that the amount of funds appropriated for a maintain and publicize a means by which an ‘‘(B) be responsible, together with the staff fiscal year for operating expenses related to individual can report, with respect to a of the center, for coordinating any parent Coast Guard child development services Coast Guard child development center or a participation initiative established under should not be less than the amount of the family home daycare— subsection (b). child development center fee receipts esti- ‘‘(A) any suspected violation of— ‘‘(3) FACA.—The Federal Advisory Com- mated to be collected by the Coast Guard ‘‘(i) standards established under subsection mittee Act (5 U.S.C. App.) does not apply to during that fiscal year. (a); or a board of parents formed under paragraph (2) CHILD DEVELOPMENT CENTER FEE RE- ‘‘(ii) any other applicable law or standard; (1). CEIPTS DEFINED.—In this subsection, the term ‘‘(B) suspected child abuse or neglect; or ‘‘(b) PARENT PARTICIPATION INITIATIVE.— ‘‘child development center fee receipts’’ ‘‘(C) any other deficiency. The Commandant is authorized to establish means fees paid by members of the Coast ‘‘(2) ANONYMOUS REPORTING.—The Com- a parent participation initiative at each Guard for child care services provided at mandant shall ensure that an individual Coast Guard child development center to en- Coast Guard child development centers. making a report pursuant to paragraph (1) courage and facilitate parent participation SEC. 215. MISSION NEED STATEMENT. may do so anonymously if so desired by the in educational and related activities at the (a) IN GENERAL.—Section 569 of title 14, individual. center.’’. United States Code, is amended to read as ‘‘(3) PROCEDURES.—The Commandant shall (b) TRANSFER OF PROVISIONS.— follows: establish procedures for investigating re- (1) IN GENERAL.— ports made pursuant to paragraph (1). (A) REIMBURSEMENT FOR ADOPTION EX- ‘‘§ 569. Mission need statement ‘‘§ 554. Child development center employees PENSES.—Section 514 of title 14, United ‘‘(a) IN GENERAL.—On the date on which the President submits to Congress a budget ‘‘(a) TRAINING.— States Code, is redesignated as section 541 ‘‘(1) IN GENERAL.—The Commandant shall and transferred to appear before section 542 for fiscal year 2016 under section 1105 of title establish a training program for Coast Guard of such title, as added by subsection (a) of 31, on the date on which the President sub- child development center employees and sat- this section. mits to Congress a budget for fiscal year 2019 isfactory completion of the training program (B) CHILD DEVELOPMENT SERVICES.—Section under such section, and every 4 years there- shall be a condition of employment for each 515 of title 14, United States Code— after, the Commandant shall submit to the employee of a Coast Guard child develop- (i) is redesignated as section 552 and trans- Committee on Transportation and Infra- ment center. ferred to appear after section 551 of such structure of the House of Representatives ‘‘(2) TIMING FOR NEW HIRES.—The Com- title, as added by subsection (a) of this sec- and the Committee on Commerce, Science, mandant shall require each employee of a tion; and and Transportation of the Senate an inte- Coast Guard child development center to (ii) is amended— grated major acquisition mission need state- complete the training program established (I) in subsection (b)(2)(B) by inserting ‘‘and ment. under paragraph (1) not later than 6 months whether a family is participating in an ini- ‘‘(b) DEFINITIONS.—In this section, the fol- after the date on which the employee is tiative established under section 555(b)’’ lowing definitions apply: hired. after ‘‘family income’’; ‘‘(1) INTEGRATED MAJOR ACQUISITION MISSION ‘‘(3) MINIMUM REQUIREMENTS.—The training (II) by striking subsections (c) and (e); and NEED STATEMENT.—The term ‘integrated program established under paragraph (1) (III) by redesignating subsection (d) as sub- major acquisition mission need statement’ shall include, at a minimum, instruction section (c). means a document that— with respect to— (C) DEPENDENT SCHOOL CHILDREN.—Section ‘‘(A) identifies current and projected gaps ‘‘(A) early childhood development; 657 of title 14, United States Code— in Coast Guard mission capabilities using ‘‘(B) activities and disciplinary techniques (i) is redesignated as section 544 and trans- mission hour targets; appropriate to children of different ages; ferred to appear after section 543 of such ‘‘(B) explains how each major acquisition ‘‘(C) child abuse and neglect prevention title, as added by subsection (a) of this sec- program addresses gaps identified under sub- and detection; and tion; and paragraph (A) if funded at the levels provided ‘‘(D) cardiopulmonary resuscitation and (ii) is amended in subsection (a) by strik- for such program in the most recently sub- other emergency medical procedures. ing ‘‘Except as otherwise’’ and all that fol- mitted capital investment plan; and ‘‘(4) USE OF DEPARTMENT OF DEFENSE PRO- lows through ‘‘the Secretary may’’ and in- ‘‘(C) describes the missions the Coast GRAMS.—The Commandant may use Depart- serting ‘‘The Secretary may’’. Guard will not be able to achieve, by fiscal ment of Defense training programs, on a re- (2) CONFORMING AMENDMENTS.— year, for each gap identified under subpara- imbursable or nonreimbursable basis, for (A) PART I.—The analysis for part I of title graph (A). purposes of this subsection. 14, United States Code, is amended by insert- ‘‘(2) MAJOR ACQUISITION PROGRAM.—The ‘‘(b) TRAINING AND CURRICULUM SPECIAL- ing after the item relating to chapter 13 the term ‘major acquisition program’ has the ISTS.— following: meaning given that term in section 569a(e).

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‘‘(3) CAPITAL INVESTMENT PLAN.—The term and Transportation of the Senate a report adding at the end the following: ‘‘No report ‘capital investment plan’ means the plan re- that includes— shall be required under this subsection, in- quired under section 663(a)(1).’’. ‘‘(1) a list of all real property under the cluding that no report shall be required (b) CLERICAL AMENDMENT.—The analysis control of the Coast Guard and the location under section 224 of the Coast Guard and for chapter 15 of title 14, United States Code, of such property by property type; Maritime Transportation Act of 2004 or sec- is amended by striking the item relating to ‘‘(2) recommendations for divestiture with tion 804 of the Coast Guard and Maritime section 569 and inserting the following: respect to any units of such property; and Transportation Act of 2006, for fiscal years ‘‘569. Mission need statement.’’. ‘‘(3) recommendations for consolidating beginning after fiscal year 2014.’’. SEC. 216. TRANSMISSION OF ANNUAL COAST any units of such property, including— (b) CONSOLIDATION AND REFORM OF REPORT- GUARD AUTHORIZATION REQUEST. ‘‘(A) an estimate of the costs or savings as- ING REQUIREMENTS.— (a) IN GENERAL.—Title 14, United States sociated with each recommended consolida- (1) MARINE SAFETY.— Code, as amended by this Act, is further tion; and (A) IN GENERAL.—Section 2116(d)(2)(B) of amended by inserting after section 662 the ‘‘(B) a discussion of the impact that such title 46, United States Code, is amended to following: consolidation would have on Coast Guard read as follows: ‘‘(B) on the program’s mission performance ‘‘§ 662a. Transmission of annual Coast Guard mission effectiveness.’’. (b) CLERICAL AMENDMENT.—The analysis in achieving numerical measurable goals es- authorization request for such chapter, as amended by this Act, is tablished under subsection (b), including— ‘‘(a) IN GENERAL.—Not later than 30 days further amended by adding at the end the ‘‘(i) the number of civilian and military after the date on which the President sub- following: Coast Guard personnel assigned to marine mits to Congress a budget for a fiscal year safety positions; and pursuant to section 1105 of title 31, the Sec- ‘‘679. Inventory of real property.’’. SEC. 218. RETIRED SERVICE MEMBERS AND DE- ‘‘(ii) an identification of marine safety po- retary shall submit to the Committee on sitions that are understaffed to meet the Transportation and Infrastructure of the PENDENTS SERVING ON ADVISORY COMMITTEES. workload required to accomplish each activ- House of Representatives and the Committee (a) IN GENERAL.—Chapter 17 of title 14, ity included in the strategy and plans under on Commerce, Science, and Transportation United States Code, as amended by this Act, subsection (a); and’’. of the Senate a Coast Guard authorization is further amended by adding at the end the (B) CONFORMING AMENDMENT.—Section 57 of request with respect to such fiscal year. following: title 14, United States Code, as amended by ‘‘(b) COAST GUARD AUTHORIZATION REQUEST this Act, is further amended— ‘‘§ 680. Retired service members and depend- DEFINED.—In this section, the term ‘Coast (i) by striking subsection (e); and ents serving on advisory committees Guard authorization request’ means a pro- (ii) by redesignating subsections (f), (g), posal for legislation that, with respect to the ‘‘A committee that— and (h) as subsections (e), (f), and (g) respec- Coast Guard for the relevant fiscal year— ‘‘(1) advises or assists the Coast Guard with tively. ‘‘(1) recommends end strengths for per- respect to a function that affects a member (2) MINOR CONSTRUCTION.—Section 656(d)(2) sonnel for that fiscal year, as described in of the Coast Guard or a dependent of such a of title 14, United States Code, is amended to section 661; member; and read as follows: ‘‘(2) recommends authorizations of appro- ‘‘(2) includes in its membership a retired ‘‘(2) REPORT.—Not later than the date on priations for that fiscal year, including with Coast Guard member or a dependent of such which the President submits to Congress a respect to matters described in section 662; a retired member; budget under section 1105 of title 31 each and shall not be considered an advisory com- year, the Secretary shall submit to the Com- ‘‘(3) addresses any other matter that the mittee under the Federal Advisory Com- mittee on Transportation and Infrastructure Secretary determines is appropriate for in- mittee Act (5 U.S.C. App.) solely because of of the House of Representatives and the clusion in a Coast Guard authorization such membership.’’. Committee on Commerce, Science, and bill.’’. (b) CLERICAL AMENDMENT.—The analysis Transportation of the Senate a report de- (b) CLERICAL AMENDMENT.—The analysis for such chapter, as amended by this Act, is scribing each project carried out under para- for chapter 17 of title 14, United States Code, further amended by inserting after the item graph (1), in the most recently concluded fis- as amended by this Act, is further amended relating to section 679 the following: cal year, for which the amount expended by inserting after the item relating to sec- ‘‘680. Retired service members and depend- under such paragraph for such project was tion 662 the following: ents serving on advisory com- more than $1,000,000. If no such project was ‘‘662a. Transmission of annual Coast Guard mittees.’’. carried out during a fiscal year, no report authorization request.’’. SEC. 219. ACTIVE DUTY FOR EMERGENCY AUG- under this paragraph shall be required with SEC. 217. INVENTORY OF REAL PROPERTY. MENTATION OF REGULAR FORCES. respect to that fiscal year.’’. (a) IN GENERAL.—Chapter 17 of title 14, Section 712(a) of title 14, United States SEC. 222. TECHNICAL CORRECTIONS TO TITLE 14. United States Code, is amended by adding at Code, is amended by striking ‘‘not more than Title 14, United States Code, as amended the end the following: 60 days in any 4-month period and’’. by this Act, is further amended— ‘‘§ 679. Inventory of real property SEC. 220. ACQUISITION WORKFORCE EXPEDITED (1) in section 93(b)(1) by striking ‘‘Notwith- ‘‘(a) IN GENERAL.—Not later than Sep- HIRING AUTHORITY. standing subsection (a)(14)’’ and inserting tember 30, 2015, the Commandant shall estab- Section 404(b) of the Coast Guard Author- ‘‘Notwithstanding subsection (a)(13)’’; and lish an inventory of all real property, includ- ization Act of 2010 (Public Law 111–281; 124 (2) in section 197(b) by striking ‘‘of Home- ing submerged lands, under the control of Stat. 2951) is amended by striking ‘‘2015’’ and land Security’’. the Coast Guard, which shall include— inserting ‘‘2017’’. SEC. 223. MULTIYEAR PROCUREMENT AUTHOR- ‘‘(1) the size, the location, and any other SEC. 221. COAST GUARD ADMINISTRATIVE SAV- ITY FOR OFFSHORE PATROL CUT- appropriate description of each unit of such INGS. TERS. property; (a) ELIMINATION OF OUTDATED AND DUPLICA- In fiscal year 2015 and each fiscal year ‘‘(2) an assessment of the physical condi- TIVE REPORTS.— thereafter, the Secretary of the department tion of each unit of such property, excluding (1) MARINE INDUSTRY TRAINING.—Section 59 in which the Coast Guard is operating may lands; of title 14, United States Code, is amended— enter into, in accordance with section 2306b ‘‘(3) a determination of whether each unit (A) by striking ‘‘(a) IN GENERAL.—The of title 10, United States Code, multiyear of such property should be— Commandant’’ and inserting ‘‘The Com- contracts for the procurement of Offshore ‘‘(A) retained to fulfill a current or pro- mandant’’; and Patrol Cutters and associated equipment. jected Coast Guard mission requirement; or (B) by striking subsection (b). SEC. 224. MAINTAINING MEDIUM ENDURANCE ‘‘(B) subject to divestiture; and (2) OPERATIONS AND EXPENDITURES.—Sec- CUTTER MISSION CAPABILITY. ‘‘(4) other information the Commandant tion 651 of title 14, United States Code, and Not later than 120 days after the date of considers appropriate. the item relating to such section in the anal- enactment of this Act, the Secretary of the ‘‘(b) INVENTORY MAINTENANCE.—The Com- ysis for chapter 17 of such title, are repealed. department in which the Coast Guard is op- mandant shall— (3) DRUG INTERDICTION.—Section 103 of the erating shall submit to the Committee on ‘‘(1) maintain the inventory required under Coast Guard Authorization Act of 1996 (14 Transportation and Infrastructure of the subsection (a) on an ongoing basis; and U.S.C. 89 note), and the item relating to that House of Representatives and the Committee ‘‘(2) update information on each unit of section in the table of contents in section 2 on Commerce, Science, and Transportation real property included in such inventory not of that Act, are repealed. of the Senate a report that includes— later than 30 days after any change relating (4) NATIONAL DEFENSE.—Section 426 of the (1) a schedule and plan for decommis- to the control of such property. Maritime Transportation Security Act of sioning, not later than September 30, 2029, ‘‘(c) RECOMMENDATIONS TO CONGRESS.—Not 2002 (14 U.S.C. 2 note), and the item relating each of the 210-foot, Reliance-Class Cutters later than March 30, 2016, and every 5 years to that section in the table of contents in operated by the Coast Guard on the date of thereafter, the Commandant shall submit to section 1(b) of that Act, are repealed. enactment of this Act; the Committee on Transportation and Infra- (5) LIVING MARINE RESOURCES.—Section 4(b) (2) a schedule and plan for enhancing the structure of the House of Representatives of the Cruise Vessel Security and Safety Act maintenance or extending the service life of and the Committee on Commerce, Science, of 2010 (16 U.S.C. 1828 note) is amended by each of the 270-foot, Famous-Class Cutters

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operated by the Coast Guard on the date of (2) the extent to which differences deter- (b) SCOPE.—In preparing the report under enactment of this Act— mined pursuant to paragraph (1) are the re- subsection (a), the Commandant shall con- (A) to maintain the capability of the Coast sult of inherent differences between— sider, at a minimum— Guard to carry out sea-going missions with (A) the Coast Guard and the Navy; and (1) the Coast Guard’s statutory missions respect to such Cutters at the level of capa- (B) the Coast Guard and other branches of with respect to migrant interdiction, drug bility existing on September 30, 2013; and the Armed Forces; interdiction, defense readiness, living marine (B) for the period beginning on the date of (3) the feasibility of more closely aligning resources, and ports, waterways, and coastal enactment of this Act and ending on the date and conforming the Coast Guard’s officer security; on which the final Offshore Patrol Cutter is evaluation reports with the officer fitness re- (2) whether Coast Guard missions are being scheduled to be commissioned under para- ports of the Navy and other branches of the executed to meet national performance tar- graph (4); Armed Forces; and gets set under the National Drug Control (3) an identification of the number of Off- (4) the costs and benefits of the alignment Strategy; shore Patrol Cutters capable of sea state 5 and conformity described in paragraph (3), (3) the number and types of cutters and operations that, if 8 National Security Cut- including with respect to— other vessels required to effectively execute ters are commissioned, are necessary to re- (A) Coast Guard administrative efficiency; Coast Guard missions; turn the sea state 5 operating capability of (B) fairness and equity for Coast Guard of- (4) the number and types of aircraft, in- the Coast Guard to the level of capability ficers; and cluding unmanned aircraft, required to effec- that existed prior to the decommissioning of (C) carrying out the Coast Guard’s statu- tively execute Coast Guard missions; the first High Endurance Cutter in fiscal tory mission of defense readiness, including (5) the number of assets that require up- year 2011; when operating as a service in the Navy. graded sensor and communications systems (4) a schedule and plan for commissioning SEC. 228. IMPROVED SAFETY INFORMATION FOR to effectively execute Coast Guard missions; the number of Offshore Patrol Cutters iden- VESSELS. (6) the Deployable Specialized Forces re- tified under paragraph (3); and Not later than 1 year after the date of en- quired to effectively execute Coast Guard (5) a schedule and plan for commissioning, actment of this Act, the Secretary of the de- missions; and not later than September 30, 2034, a number partment in which the Coast Guard is oper- (7) whether additional shoreside facilities of Offshore Patrol Cutters not capable of sea ating shall establish a process that allows an are required to accommodate Coast Guard state 5 operations that is equal to— operator of a marine exchange or other non- personnel and assets in support of Coast (A) 25; less Federal vessel traffic information service to Guard missions. (B) the number of Offshore Patrol Cutters use the automatic identification system to SEC. 231. MODERNIZATION OF NATIONAL DIS- identified under paragraph (3). transmit weather, ice, and other important TRESS AND RESPONSE SYSTEM. navigation safety information to vessels. SEC. 225. AVIATION CAPABILITY. (a) REPORT.—Not later than 60 days after SEC. 229. E–LORAN. (a) IN GENERAL.—The Secretary of the de- the date of enactment of this Act, the Sec- (a) IN GENERAL.—The Secretary of the de- partment in which the Coast Guard is oper- retary of the department in which the Coast partment in which the Coast Guard is oper- Guard is operating shall submit to the Com- ating may— ating may not carry out activities related to (1) request and accept through a direct mittee on Transportation and Infrastructure the dismantling or disposal of infrastructure of the House of Representatives and the military-to-military transfer under section that supported the former LORAN system 2571 of title 10, United States Code, such H– Committee on Commerce, Science, and until the later of— Transportation of the Senate a report on the 60 helicopters as may be necessary to estab- (1) the date that is 1 year after the date of lish a year-round operational capability in implementation of the Rescue 21 project in enactment of this Act; or Alaska and in Coast Guard sectors Upper the Coast Guard’s Ninth District; and (2) the date on which the Secretary pro- (2) use funds provided under section 101 of Mississippi River, Lower Mississippi River, vides to the Committee on Transportation and Ohio River Valley. this Act to convert such helicopters to Coast and Infrastructure of the House of Rep- Guard MH–60T configuration. (b) CONTENTS.—The report required under resentatives and the Committee on Com- subsection (a) shall— (b) PROHIBITION.— merce, Science, and Transportation of the (1) describe what improvements are being (1) IN GENERAL.—The Coast Guard may Senate notice of a determination by the Sec- not— made to the distress response system in the retary that such infrastructure is not re- areas specified in subsection (a), including (A) close a Coast Guard air facility that quired to provide a positioning, navigation, was in operation on November 30, 2014; or information on which areas will receive dig- and timing system to provide redundant ca- ital selective calling and direction finding (B) retire, transfer, relocate, or deploy an pability in the event GPS signals are dis- aviation asset from an air facility described capability; rupted. (2) describe the impediments to installing in subparagraph (A) for the purpose of clos- (b) EXCEPTION.—Subsection (a) does not ing such facility. digital selective calling and direction finding apply to activities necessary for the safety of capability in areas where such technology (2) SUNSET.—This subsection is repealed ef- human life. will not be installed; fective January 1, 2016. (c) AGREEMENTS.—The Secretary may (3) identify locations in the areas specified enter into cooperative agreements, con- SEC. 226. GAPS IN WRITINGS ON COAST GUARD in subsection (a) where communication gaps HISTORY. tracts, and other agreements with Federal will continue to present a risk to mariners Not later than 1 year after the date of en- entities and other public or private entities, including academic entities, to develop a po- after completion of the Rescue 21 project; actment of this Act, the Commandant of the (4) include a list of all reported marine ac- Coast Guard shall submit to the Committee sitioning, navigation, and timing system, in- cluding an enhanced LORAN system, to pro- cidents, casualties, and fatalities occurring on Commerce, Science, and Transportation in the locations identified under paragraph of the Senate and the Committee on Trans- vide redundant capability in the event GPS signals are disrupted. (3) since 1990; and portation and Infrastructure of the House of (5) provide an estimate of the costs associ- Representatives a report on any gaps that SEC. 230. ANALYSIS OF RESOURCE DEFICIENCIES WITH RESPECT TO MARITIME BOR- ated with installing the technology nec- exist in writings on the history of the Coast essary to close communication gaps in the Guard. The report shall address, at a min- DER SECURITY. (a) IN GENERAL.—Not later than 120 days locations identified under paragraph (3). imum, operations, broad topics, and biog- after the date of enactment of this Act, the SEC. 232. REPORT RECONCILING MAINTENANCE raphies with respect to the Coast Guard. Commandant of the Coast Guard shall pro- AND OPERATIONAL PRIORITIES ON SEC. 227. OFFICER EVALUATION REPORTS. vide to the Committee on Commerce, THE MISSOURI RIVER. (a) ASSESSMENT REQUIRED.—Not later than Science, and Transportation of the Senate Not later than 1 year after the date of en- 180 days after the date of enactment of this and the Committee on Transportation and actment of this Act, the Commandant of the Act, the Commandant of the Coast Guard Infrastructure and the Committee on Home- Coast Guard shall submit to the Committee shall provide to the Committee on Com- land Security of the House of Representa- on Commerce, Science, and Transportation merce, Science, and Transportation of the tives a report describing any Coast Guard re- of the Senate and the Committee on Trans- Senate and the Committee on Transpor- source deficiencies related to— portation and Infrastructure of the House of tation and Infrastructure of the House of (1) securing maritime borders with respect Representatives a report that outlines a Representatives a written assessment of the to the Great Lakes and the coastal areas of course of action to reconcile general mainte- Coast Guard’s officer evaluation reporting the Southeastern and Southwestern United nance priorities for cutters with operational system. States, including with respect to Florida, priorities on the Missouri River. (b) CONTENTS OF ASSESSMENT.—The assess- California, Puerto Rico, and the United SEC. 233. MARITIME SEARCH AND RESCUE AS- ment required under subsection (a) shall in- States Virgin Islands; SISTANCE POLICY ASSESSMENT. clude, at a minimum, an analysis of— (2) patrolling and monitoring maritime ap- (a) IN GENERAL.—The Commandant of the (1) the extent to which the Coast Guard’s proaches to the areas described in paragraph Coast Guard shall assess the Maritime officer evaluation reports differ in length, (1); and Search and Rescue Assistance Policy as it form, and content from the officer fitness re- (3) patrolling and monitoring relevant por- relates to State and local responders. ports used by the Navy and other branches of tions of the Western Hemisphere Drug Tran- (b) SCOPE.—The assessment under sub- the Armed Forces; sit Zone. section (a) shall consider, at a minimum—

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6551 (1) the extent to which Coast Guard search SEC. 304. DRUG TESTING REPORTING. SEC. 306. CLARIFICATION OF HIGH-RISK WATERS. and rescue coordinators have entered into Section 7706 of title 46, United States Code, Section 55305(e) of title 46, United States domestic search and rescue agreements with is amended— Code, is amended— State and local responders under the Na- (1) in subsection (a), by inserting ‘‘an ap- (1) in paragraph (1)— tional Search and Rescue Plan; plicant for employment by a Federal agen- (A) by striking ‘‘provide armed personnel (2) whether the domestic search and rescue cy,’’ after ‘‘Federal agency,’’; and aboard’’ and inserting ‘‘reimburse, subject to agreements include the Maritime Search and (2) in subsection (c), by— the availability of appropriations, the own- Rescue Assistance Policy; and (A) inserting ‘‘or an applicant for employ- ers or operators of’’; and (3) the extent to which Coast Guard sectors ment by a Federal agency’’ after ‘‘an em- (B) by inserting ‘‘for the cost of providing coordinate with 911 emergency centers, in- ployee’’; and armed personnel aboard such vessels’’ before cluding ensuring the dissemination of appro- (B) striking ‘‘the employee.’’ and inserting ‘‘if’’; and priate maritime distress check-sheets. ‘‘the employee or the applicant.’’. (2) by striking paragraphs (2) and (3) and (c) REPORT.—Not later than 180 days after SEC. 305. OPPORTUNITIES FOR SEA SERVICE VET- inserting the following: the date of enactment of this Act, the Com- ERANS. ‘‘(2) In this subsection, the term ‘high-risk mandant of the Coast Guard shall submit a (a) ENDORSEMENTS FOR VETERANS.—Section waters’ means waters so designated by the report on the assessment under subsection 7101 of title 46, United States Code, is amend- Commandant of the Coast Guard in the mari- (a) to the Committee on Commerce, Science, ed by adding at the end the following: time security directive issued by the Com- ‘‘(j) The Secretary may issue a license and Transportation of the Senate and the mandant and in effect on the date on which under this section in a class under sub- Committee on Transportation and Infra- an applicable voyage begins, if the Secretary section (c) to an applicant that— structure of the House of Representatives. of Transportation— ‘‘(1) has at least 3 months of qualifying ‘‘(A) determines that an act of piracy oc- TITLE III—SHIPPING AND NAVIGATION service on vessels of the uniformed services curred in the 12-month period preceding the SEC. 301. REPEAL. (as that term is defined in section 101(a) of date the voyage begins; or Chapter 555 of title 46, United States Code, title 10) of appropriate tonnage or horse- ‘‘(B) in such period, issued an advisory is amended— power within the 7-year period immediately warning that an act of piracy is possible in (1) by repealing section 55501; preceding the date of application; and such waters.’’. (2) by redesignating section 55502 as section ‘‘(2) satisfies all other requirements for 55501; and such a license.’’. SEC. 307. TECHNICAL CORRECTIONS. (3) in the analysis by striking the items re- (b) SEA SERVICE LETTERS.— (a) TITLE 46.—Section 2116(b)(1)(D) of title lating to sections 55501 and 55502 and insert- (1) IN GENERAL.—Title 14, United States 46, United States Code, is amended by strik- ing the following: Code, is amended by inserting after section ing ‘‘section 93(c)’’ and inserting ‘‘section ‘‘55501. United States Committee on the Ma- 427 the following: 93(c) of title 14’’. rine Transportation System.’’. ‘‘§ 428. Sea service letters (b) COAST GUARD AND MARITIME TRANSPOR- SEC. 302. DONATION OF HISTORICAL PROPERTY. ‘‘(a) IN GENERAL.—The Secretary shall pro- TATION ACT OF 2006.—Section 304(a) of the Section 51103 of title 46, United States vide a sea service letter to a member or Coast Guard and Maritime Transportation Code, is amended by adding at the end the former member of the Coast Guard who— Act of 2006 (Public Law 109–241; 33 U.S.C. 1503 following: ‘‘(1) accumulated sea service on a vessel of note) is amended by inserting ‘‘and from’’ be- ‘‘(e) DONATION FOR HISTORICAL PURPOSES.— the armed forces (as such term is defined in fore ‘‘the United States’’. ‘‘(1) IN GENERAL.—The Secretary may con- section 101(a) of title 10); and (c) DEEPWATER PORT ACT OF 1974.—Section vey the right, title, and interest of the ‘‘(2) requests such letter. 4(i) of the Deepwater Port Act of 1974 (33 United States Government in any property ‘‘(b) DEADLINE.—Not later than 30 days U.S.C. 1503(i)) is amended by inserting ‘‘or administered by the Maritime Administra- after receiving a request for a sea service let- that will supply’’ after ‘‘be supplied with’’. tion, except real estate or vessels, if— ter from a member or former member of the Coast Guard under subsection (a), the Sec- SEC. 308. REPORT. ‘‘(A) the Secretary determines that such retary shall provide such letter to such Not later than 1 year after the date of the property is not needed by the Maritime Ad- member or former member if such member enactment of this Act, the Comptroller Gen- ministration; and or former member satisfies the requirement eral of the United States shall submit to the ‘‘(B) the recipient— under subsection (a)(1).’’. Committee on Transportation and Infra- ‘‘(i) is a nonprofit organization, a State, or (2) CLERICAL AMENDMENT.—The analysis for structure of the House of Representatives a political subdivision of a State; chapter 11 of title 14, United States Code, is and the Committee on Commerce, Science, ‘‘(ii) agrees to hold the Government harm- amended by inserting after the item relating and Transportation of the Senate a report on less for any claims arising from exposure to to section 427 the following: the number of jobs, including vessel con- hazardous materials, including asbestos, pol- struction and vessel operating jobs, that ychlorinated biphenyls, or lead paint, after ‘‘428. Sea service letters.’’. (c) CREDITING OF UNITED STATES ARMED would be created in the United States mari- conveyance of the property; FORCES SERVICE, TRAINING, AND QUALIFICA- time industry each year in 2015 through 2025 ‘‘(iii) provides a description and expla- TIONS.— if liquified natural gas exported from the nation of the intended use of the property to (1) MAXIMIZING CREDITABILITY.—The Sec- United States were required to be carried— the Secretary for approval; retary of the department in which the Coast (1) before December 31, 2018, on vessels doc- ‘‘(iv) has provided to the Secretary proof, Guard is operating, in implementing United umented under the laws of the United as determined by the Secretary, of resources States merchant mariner license, certifi- States; and sufficient to accomplish the intended use cation, and document laws and the Inter- (2) on and after such date, on vessels docu- provided under clause (iii) and to maintain national Convention on Standards of Train- mented under the laws of the United States the property; ing, Certification and Watchkeeping for Sea- and constructed in the United States. ‘‘(v) agrees that when the recipient no farers, 1978, shall maximize the extent to longer requires the property, the recipient SEC. 309. FISHING SAFETY GRANT PROGRAMS. which United States Armed Forces service, shall— training, and qualifications are creditable (a) FISHING SAFETY TRAINING GRANT PRO- ‘‘(I) return the property to the Secretary, toward meeting the requirements of such GRAM.—Section 4502(i)(4) of title 46, United at the recipient’s expense and in the same laws and such Convention. States Code, is amended by striking ‘‘2010 condition as received except for ordinary through 2014’’ and inserting ‘‘2015 through (2) NOTIFICATION.—Not later than 90 days wear and tear; or after the date of enactment of this Act, the 2017’’. ‘‘(II) subject to the approval of the Sec- Secretary shall notify the Committee on (b) FISHING SAFETY RESEARCH GRANT PRO- retary, retain, sell, or otherwise dispose of Transportation and Infrastructure of the GRAM.—Section 4502(j)(4) of title 46, United the property in a manner consistent with ap- House of Representatives and the Committee States Code, is amended by striking ‘‘2010 plicable law; and on Commerce, Science, and Transportation through 2014’’ and inserting ‘‘2015 through ‘‘(vi) agrees to any additional terms the of the Senate on the steps taken to imple- 2017’’. Secretary considers appropriate. ment this subsection. SEC. 310. ESTABLISHMENT OF MERCHANT MA- EVERSION ‘‘(2) R .—The Secretary shall in- (d) MERCHANT MARINE POST-SERVICE CA- RINE PERSONNEL ADVISORY COM- clude in any conveyance under this sub- REER OPPORTUNITIES.—Not later than 180 MITTEE. section terms under which all right, title, days after the date of enactment of this Act, (a) ESTABLISHMENT.—Chapter 81 of title 46, and interest conveyed by the Secretary shall the Commandant of the Coast Guard shall United States Code, is amended by adding at revert to the Government if the Secretary take steps to promote better awareness, on the end the following: determines the property has been used other an ongoing basis, among Coast Guard per- than as approved by the Secretary under sonnel regarding post-service use of Coast ‘‘§ 8108. Merchant Marine Personnel Advisory paragraph (1)(B)(iii).’’. Guard training, education, and practical ex- Committee SEC. 303. SMALL SHIPYARDS. perience in satisfaction of requirements for ‘‘(a) ESTABLISHMENT.—The Secretary shall Section 54101(i) of title 46, United States merchant mariner credentials under section establish a Merchant Marine Personnel Advi- Code, is amended by striking ‘‘2009 through 11.213 of title 46, Code of Federal Regula- sory Committee (in this section referred to 2013’’ and inserting ‘‘2015 through 2017’’. tions. as ‘the Committee’). The Committee—

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6552 CONGRESSIONAL RECORD — SENATE December 10, 2014 ‘‘(1) shall act solely in an advisory capac- ommended by such State maritime acad- (1) amends the Standards of Ethical Con- ity to the Secretary through the Com- emies; and duct for members and employees of the Coast mandant of the Coast Guard on matters re- ‘‘(II) 1 who represents either the viewpoint Guard to include regulations governing the lating to personnel in the United States mer- of the State maritime academies or the acceptance of in-kind reimbursements; and chant marine, including training, qualifica- United States Merchant Marine Academy; (2) notifies the Committee on Commerce, tions, certification, documentation, and fit- and Science, and Transportation of the Senate ness standards, and other matters as as- ‘‘(ii) 3 marine educators who represent the and the Committee on Transportation and signed by the Commandant; viewpoint of other maritime training insti- Infrastructure of the House of Representa- ‘‘(2) shall review and comment on proposed tutions, 1 of whom shall represent the view- tives of the amendments made under para- Coast Guard regulations and policies relat- point of the small vessel industry; graph (1). ing to personnel in the United States mer- ‘‘(C) 2 individuals who represent the view- SEC. 312. PROMPT INTERGOVERNMENTAL NO- chant marine, including training, qualifica- point of shipping companies employed in TICE OF MARINE CASUALTIES. tions, certification, documentation, and fit- ship operation management; and Section 6101 of title 46, United States Code, ness standards; ‘‘(D) 2 members who are appointed from is amended— ‘‘(3) may be given special assignments by the general public. (1) by inserting after subsection (b) the fol- the Secretary and may conduct studies, in- ‘‘(3) CONSULTATION.—The Secretary shall lowing: quiries, workshops, and fact finding in con- consult with the Secretary of Transportation ‘‘(c) NOTICE TO STATE AND TRIBAL GOVERN- sultation with individuals and groups in the in making an appointment under paragraph MENTS.—Not later than 24 hours after receiv- private sector and with State or local gov- (2)(B)(i)(II). ing a notice of a major marine casualty ernments; ‘‘(c) CHAIRMAN AND VICE CHAIRMAN.—The under this section, the Secretary shall notify ‘‘(4) shall advise, consult with, and make Secretary shall designate one member of the each State or federally recognized Indian recommendations reflecting its independent Committee as the Chairman and one member tribe that is, or may reasonably be expected judgment to the Secretary; of the Committee as the Vice Chairman. The to be, affected by such marine casualty.’’; ‘‘(5) shall meet not less than twice each Vice Chairman shall act as Chairman in the (2) in subsection (h)— year; and absence or incapacity of the Chairman, or in (A) by striking ‘‘(1)’’; and ‘‘(6) may make available to Congress rec- the event of a vacancy in the office of the (B) by redesignating subsection (h)(2) as ommendations that the Committee makes to Chairman. subsection (i) of section 6101, and in such the Secretary. ‘‘(d) SUBCOMMITTEES.—The Committee may subsection— establish and disestablish subcommittees ‘‘(b) MEMBERSHIP.— (i) by striking ‘‘paragraph,’’ and inserting and working groups for any purpose con- ‘‘(1) IN GENERAL.—The Committee shall ‘‘section,’’; and sistent with this section, subject to condi- consist of not more than 19 members who are (ii) by redesignating subparagraphs (A) tions imposed by the Committee. Members of appointed by and serve terms of a duration through (D) as paragraphs (1) through (4); the Committee and additional persons drawn determined by the Secretary. Before filling a and from the general public may be assigned to position on the Committee, the Secretary (3) by redesignating the last subsection as such subcommittees and working groups. shall publish a notice in the Federal Register subsection (j). Only Committee members may chair sub- soliciting nominations for membership on SEC. 313. AREA CONTINGENCY PLANS. committee or working groups. the Committee. Section 311(j)(4) of the Federal Water Pol- ‘‘(e) TERMINATION.—The Committee shall ‘‘(2) REQUIRED MEMBERS.—Subject to para- lution Control Act (33 U.S.C. 1321(j)(4)) is terminate on September 30, 2020.’’. amended— graph (3), the Secretary shall appoint as (b) CLERICAL AMENDMENT.—The analysis (1) in subparagraph (A), by striking ‘‘quali- members of the Committee— for such chapter is amended by adding at the fied personnel of Federal, State, and local ‘‘(A) 9 United States citizens with active li- end the following: censes or certificates issued under chapter 71 agencies.’’ and inserting ‘‘qualified— ‘‘8108. Merchant Marine Personnel Advisory or merchant mariner documents issued ‘‘(i) personnel of Federal, State, and local Committee.’’. under chapter 73, including— agencies; and ‘‘(i) 3 deck officers who represent the view- SEC. 311. TRAVEL AND SUBSISTENCE. ‘‘(ii) members of federally recognized In- (a) TITLE 46, UNITED STATES CODE.—Sec- point of merchant marine deck officers, of dian tribes, where applicable.’’; tion 2110 of title 46, United States Code, is whom— (2) in subparagraph (B)(ii)— amended— ‘‘(I) 2 shall be licensed for oceans any gross (A) by striking ‘‘and local’’ and inserting (1) by amending subsection (b) to read as tons; ‘‘, local, and tribal’’; and follows: ‘‘(II) 1 shall be licensed for inland river (B) by striking ‘‘wildlife;’’ and inserting ‘‘(b)(1) In addition to the collection of fees route with a limited or unlimited tonnage; ‘‘wildlife, including advance planning with and charges established under subsection (a), ‘‘(III) 2 shall have a master’s license or a respect to the closing and reopening of fish- in providing a service or thing of value under master of towing vessels license; ing areas following a discharge;’’; this subtitle the Secretary may accept in- ‘‘(IV) 1 shall have significant tanker expe- (3) in subparagraph (B)(iii), by striking kind transportation, travel, and subsistence. ‘‘and local’’ and inserting ‘‘, local, and trib- rience; and ‘‘(2) The value of in-kind transportation, al’’; and ‘‘(V) to the extent practicable— travel, and subsistence accepted under this (4) in subparagraph (C)— ‘‘(aa) 1 shall represent the viewpoint of paragraph may not exceed applicable per (A) in clause (iv), by striking ‘‘and Federal, labor; and diem rates set forth in regulations prescribed State, and local agencies’’ and inserting ‘‘, ‘‘(bb) another shall represent a manage- under section 464 of title 37.’’; and Federal, State, and local agencies, and tribal ment perspective; (2) in subsection (c), by striking ‘‘sub- governments’’; ‘‘(ii) 3 engineering officers who represent sections (a) and (b),’’ and inserting ‘‘sub- (B) by redesignating clauses (vii) and (viii) the viewpoint of merchant marine engineer- section (a),’’. as clauses (viii) and (ix), respectively; and ing officers, of whom— (b) TITLE 14, UNITED STATES CODE.—Sec- ‘‘(I) 2 shall be licensed as chief engineer tion 664 of title 14, United States Code, is (C) by inserting after clause (vi) the fol- any horsepower; amended by redesignating subsections (e) lowing: ‘‘(II) 1 shall be licensed as either a limited though (g) as subsections (f) through (h), re- ‘‘(vii) include a framework for advance chief engineer or a designated duty engineer; spectively, and by inserting after subsection planning and decisionmaking with respect to and (d) the following: the closing and reopening of fishing areas ‘‘(III) to the extent practicable— ‘‘(e)(1) In addition to the collection of fees following a discharge, including protocols ‘‘(aa) 1 shall represent a labor viewpoint; and charges established under this section, and standards for the closing and reopening and in the provision of a service or thing of value of fishing areas;’’. ‘‘(bb) another shall represent a manage- by the Coast Guard the Secretary may ac- SEC. 314. INTERNATIONAL ICE PATROL REFORM. ment perspective; cept in-kind transportation, travel, and sub- (a) IN GENERAL.—Chapter 803 of title 46, ‘‘(iii) 2 unlicensed seamen, of whom— sistence. United States Code, is amended— ‘‘(I) 1 shall represent the viewpoint of able- ‘‘(2) The value of in-kind transportation, (1) in section 80301, by adding at the end bodied seamen; and travel, and subsistence accepted under this the following: ‘‘(II) another shall represent the viewpoint paragraph may not exceed applicable per ‘‘(c) PAYMENTS.—Payments received pursu- of qualified members of the engine depart- diem rates set forth in regulations prescribed ant to subsection (b)(1) shall be credited to ment; and under section 464 of title 37.’’. the appropriation for operating expenses of ‘‘(iv) 1 pilot who represents the viewpoint (c) LIMITATION.—The Secretary of the De- the Coast Guard.’’; of merchant marine pilots; partment in which the Coast Guard is oper- (2) in section 80302— ‘‘(B) 6 marine educators, including— ating may not accept in-kind transportation, (A) in subsection (b), by striking ‘‘An ice ‘‘(i) 3 marine educators who represent the travel, or subsistence under section 664(e) of patrol vessel’’ and inserting ‘‘The ice pa- viewpoint of maritime academies, includ- title 14, United States Code, or section trol’’; ing— 2110(d)(4) of title 46, United States Code, as (B) in subsection (c)(1), by striking ‘‘An ice ‘‘(I) 2 who represent the viewpoint of State amended by this section, until the Com- patrol vessel’’ and inserting ‘‘The ice pa- maritime academies and are jointly rec- mandant of the Coast Guard— trol’’; and

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6553 (C) in the first sentence of subsection (d), ing the planned response to a worst case dis- ‘‘(I) was paroled into the United States by striking ‘‘vessels’’ and inserting ‘‘air- charge, and to a threat of such a discharge. under section 212(d)(5) of the Immigration craft’’; and (b) DEFINITIONS.—In this section: and Nationality Act (8 U.S.C. 1182(d)(5)), or (3) by adding at the end the following: (1) MOBILE OFFSHORE DRILLING UNIT.—The for whom the Secretary has requested parole ‘‘§ 80304. Limitation on ice patrol data term ‘‘mobile offshore drilling unit’’ has the under such section; and meaning given that term in section 1001 of ‘‘Notwithstanding sections 80301 and 80302, ‘‘(II) is involved in an investigation, re- the Oil Pollution Act of 1990 (33 U.S.C. 2701). data collected by an ice patrol conducted by porting, documentation, or adjudication of (2) RESPONSE PLAN.—The term ‘‘response the Coast Guard under this chapter may not any matter that is related to the administra- plan’’ means a response plan prepared under be disseminated to a vessel unless such ves- tion or enforcement of law by the Coast section 311(j) of the Federal Water Pollution sel is— Guard; or Control Act (33 U.S.C. 1321(j)). ‘‘(1) documented under the laws of the ‘‘(ii) who— (3) WORST CASE DISCHARGE.—The term United States; or ‘‘(I) is physically present in the United ‘‘worst case discharge’’ has the meaning ‘‘(2) documented under the laws of a for- States; given that term under section 311(a) of the eign country that made the payment or con- ‘‘(II) the Secretary determines was aban- Federal Water Pollution Control Act (33 tribution required under section 80301(b) for doned in the United States; and U.S.C. 1321(a)). the year preceding the year in which the ‘‘(III) has not applied for asylum under the (c) RULE OF CONSTRUCTION.—Nothing in Immigration and Nationality Act (8 U.S.C. data is collected.’’. this section shall be construed to require the (b) CLERICAL AMENDMENT.—The analysis 1101 et seq.); and Coast Guard to review or approve a facility ‘‘(B) to reimburse a vessel owner or oper- for such chapter is amended by adding at the response plan for a mobile offshore drilling end the following: ator for the costs of necessary support of a unit. seafarer who has been paroled into the ‘‘80304. Limitation on ice patrol data.’’. SEC. 318. REGIONAL CITIZENS’ ADVISORY COUN- United States to facilitate an investigation, (c) EFFECTIVE DATE.—This section shall CIL. reporting, documentation, or adjudication of take effect on January 1, 2017. Section 5002(k)(3) of the Oil Pollution Act any matter that is related to the administra- SEC. 315. OFFSHORE SUPPLY VESSEL THIRD- of 1990 (33 U.S.C. 2732(k)(3)) is amended by tion or enforcement of law by the Coast PARTY INSPECTION. striking ‘‘not more than $1,000,000’’ and in- Guard, if— Section 3316 of title 46, United States Code, serting ‘‘not less than $1,400,000’’. ‘‘(i) the vessel owner or operator is not is amended by redesignating subsection (f) as SEC. 319. UNINSPECTED PASSENGER VESSELS IN convicted of a criminal offense related to subsection (g), and by inserting after sub- THE UNITED STATES VIRGIN IS- such matter; or section (e) the following: LANDS. ‘‘(ii) the Secretary determines that reim- ‘‘(f)(1) Upon request of an owner or oper- (a) IN GENERAL.—Section 4105 of title 46, bursement is appropriate. ator of an offshore supply vessel, the Sec- United States Code, is amended— ‘‘(3) CREDITING OF AMOUNTS TO FUND.— retary shall delegate the authorities set (1) by redesignating subsection (b) as sub- ‘‘(A) IN GENERAL.—Except as provided in forth in paragraph (1) of subsection (b) with section (c); and subparagraph (B), there shall be credited to respect to such vessel to a classification so- (2) by inserting after subsection (a) the fol- the Fund the following: ciety to which a delegation is authorized lowing: ‘‘(i) Penalties deposited in the Fund under under that paragraph. A delegation by the ‘‘(b)(1) In applying this title with respect section 9 of the Act to Prevent Pollution Secretary under this subsection shall be used to an uninspected vessel of less than 24 me- from Ships (33 U.S.C. 1908). for any vessel inspection and examination ters overall in length that carries passengers ‘‘(ii) Amounts reimbursed or recovered function carried out by the Secretary, in- to or from a port in the United States Virgin under subsection (c). cluding the issuance of certificates of inspec- Islands, the Secretary shall substitute ‘12 ‘‘(B) LIMITATION.—Amounts may be cred- tion and all other related documents. passengers’ for ‘6 passengers’ each place it ited to the Fund under subparagraph (A) ‘‘(2) If the Secretary determines that a cer- appears in section 2101(42) if the Secretary only if the unobligated balance of the Fund tificate of inspection or related document determines that the vessel complies with, as is less than $5,000,000. issued under authority delegated under para- applicable to the vessel— ‘‘(4) REPORT REQUIRED.—On the date on graph (1) of this subsection with respect to a ‘‘(A) the Code of Practice for the Safety of which the President submits each budget for vessel has reduced the operational safety of Small Commercial Motor Vessels (commonly a fiscal year pursuant to section 1105 of title that vessel, the Secretary may terminate the referred to as the ‘Yellow Code’), as pub- 31, the Secretary shall submit to the Com- certificate or document, respectively. lished by the U.K. Maritime and Coastguard mittee on Transportation and Infrastructure ‘‘(3) Not later than 2 years after the date of Agency and in effect on January 1, 2014; or of the House of Representatives and the the enactment of the Howard Coble Coast ‘‘(B) the Code of Practice for the Safety of Committee on Commerce, Science, and Guard and Maritime Transportation Act of Small Commercial Sailing Vessels (com- Transportation of the Senate a report that 2014, and for each year of the subsequent 2- monly referred to as the ‘Blue Code’), as pub- describes— year period, the Secretary shall provide to lished by such agency and in effect on such ‘‘(A) the amounts credited to the Fund the Committee on Transportation and Infra- date. under paragraph (2) for the preceding fiscal structure of the House of Representatives ‘‘(2) If the Secretary establishes standards year; and and the Committee on Commerce, Science, to carry out this subsection— ‘‘(B) amounts in the Fund that were ex- and Transportation of the Senate a report ‘‘(A) such standards shall be identical to pended for the preceding fiscal year. describing— those established in the Codes of Practice re- ‘‘(A) the number of vessels for which a del- ferred to in paragraph (1); and ‘‘(b) LIMITATION.—Nothing in this section egation was made under paragraph (1); ‘‘(B) on any dates before the date on which shall be construed— ‘‘(B) any savings in personnel and oper- such standards are in effect, the Codes of ‘‘(1) to create a private right of action or ational costs incurred by the Coast Guard Practice referred to in paragraph (1) shall any other right, benefit, or entitlement to that resulted from the delegations; and apply with respect to the vessels referred to necessary support for any person; or ‘‘(C) based on measurable marine casualty in paragraph (1).’’. ‘‘(2) to compel the Secretary to pay or re- and other data, any impacts of the delega- (b) TECHNICAL CORRECTION.—Section 4105(c) imburse the cost of necessary support. tions on the operational safety of vessels for of title 46, United States Code, as redesig- ‘‘(c) REIMBURSEMENT; RECOVERY.— which the delegations were made, and on the nated by subsection (a)(1) of this section, is ‘‘(1) IN GENERAL.—A vessel owner or oper- amended by striking ‘‘Within twenty-four crew on those vessels.’’. ator shall reimburse the Fund an amount months of the date of enactment of this sub- SEC. 316. WATCHES. equal to the total amount paid from the section, the’’ and inserting ‘‘The’’. Section 8104 of title 46, United States Code, Fund for necessary support of a seafarer, if— is amended— SEC. 320. TREATMENT OF ABANDONED SEA- ‘‘(A) the vessel owner or operator— (1) in subsection (d), by striking ‘‘coal FARERS. ‘‘(i) during the course of an investigation, passers, firemen, oilers, and water tenders’’ (a) IN GENERAL.—Chapter 111 of title 46, reporting, documentation, or adjudication of and inserting ‘‘and oilers’’; and United States Code, is amended by adding at any matter under this Act that the Coast (2) in subsection (g)(1), by striking ‘‘(ex- the end the following: Guard referred to a United States attorney cept the coal passers, firemen, oilers, and ‘‘§ 11113. Treatment of abandoned seafarers or the Attorney General, fails to provide nec- water tenders)’’. ‘‘(a) ABANDONED SEAFARERS FUND.— essary support of a seafarer who was paroled SEC. 317. COAST GUARD RESPONSE PLAN RE- ‘‘(1) ESTABLISHMENT.—There is established into the United States to facilitate the in- QUIREMENTS. in the Treasury a separate account to be vestigation, reporting, documentation, or ad- (a) VESSEL RESPONSE PLAN CONTENTS.—The known as the Abandoned Seafarers Fund. judication; and Secretary of the department in which the ‘‘(2) AUTHORIZED USES.—Amounts in the ‘‘(ii) subsequently is— Coast Guard is operating shall require that Fund may be appropriated to the Secretary ‘‘(I) convicted of a criminal offense related each vessel response plan prepared for a mo- for use— to such matter; or bile offshore drilling unit includes informa- ‘‘(A) to pay necessary support of a sea- ‘‘(II) required to reimburse the Fund pursu- tion from the facility response plan prepared farer— ant to a court order or negotiated settlement for the mobile offshore drilling unit regard- ‘‘(i) who— related to such matter; or

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6554 CONGRESSIONAL RECORD — SENATE December 10, 2014 ‘‘(B) the vessel owner or operator abandons 3507(g)(3)(A) of title 46, United States Code, vessel classification, tonnage, offshore activ- a seafarer in the United States, as deter- is amended— ity or function, alternative certifications, or mined by the Secretary based on substantial (1) in clause (ii) by striking ‘‘the incident any other appropriate criteria. evidence. to an Internet based portal maintained by (b) LIMITATION.—The Secretary may not ‘‘(2) ENFORCEMENT.—If a vessel owner or the Secretary’’ and inserting ‘‘each incident issue proposed regulations relating to safety operator fails to reimburse the Fund under specified in clause (i) to the Internet website and environmental management system re- paragraph (1) within 60 days after receiving a maintained by the Secretary of Transpor- quirements for vessels on the United States written, itemized description of reimburs- tation under paragraph (4)(A)’’; and Outer Continental Shelf for which noticed able expenses and a demand for payment, the (2) in clause (iii) by striking ‘‘based portal was published on September 10, 2013 (78 Fed. Secretary may— maintained by the Secretary’’ and inserting Reg. 55230) earlier than 6 months after the ‘‘(A) proceed in rem against the vessel on ‘‘website maintained by the Secretary of submittal of the analysis required by sub- which the seafarer served in the Federal dis- Transportation under paragraph (4)(A)’’. section (a). trict court for the district in which the ves- (b) AVAILABILITY OF INCIDENT DATA ON TITLE IV—FEDERAL MARITIME sel is found; and INTERNET.—Section 3507(g)(4) of title 46, COMMISSION ‘‘(B) withhold or revoke the clearance re- United States Code, is amended— quired under section 60105 for the vessel and (1) by striking subparagraph (A) and in- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. any other vessel operated by the same oper- serting the following: There is authorized to be appropriated to the Federal Maritime Commission $24,700,000 ator (as that term is defined in section 2(9)(a) ‘‘(A) WEBSITE.— for fiscal year 2015. of the Act to Prevent Pollution from Ships ‘‘(i) IN GENERAL.—The Secretary of Trans- (33 U.S.C. 1901(9)(a)) as the vessel on which portation shall maintain a statistical com- SEC. 402. AWARD OF REPARATIONS. the seafarer served. pilation of all incidents on board a cruise Section 41305 of title 46, United States ‘‘(3) OBTAINING CLEARANCE.—A vessel may vessel specified in paragraph (3)(A)(i) on an Code, is amended— obtain clearance from the Secretary after it Internet website that provides a numerical (1) in subsection (b), by striking ‘‘, plus is withheld or revoked under paragraph accounting of the missing persons and al- reasonable attorney fees’’; and (2)(B) if the vessel owner or operator— leged crimes reported under that paragraph (2) by adding at the end the following: ‘‘(A) reimburses the Fund the amount re- without regard to the investigative status of ‘‘(e) ATTORNEY FEES.—In any action quired under paragraph (1); or the incident. brought under section 41301, the prevailing ‘‘(B) provides a bond, or other evidence of ‘‘(ii) UPDATES AND OTHER REQUIREMENTS.— party may be awarded reasonable attorney financial responsibility, sufficient to meet The compilation under clause (i) shall— fees.’’. the amount required to be reimbursed under ‘‘(I) be updated not less frequently than SEC. 403. TERMS OF COMMISSIONERS. paragraph (1). quarterly; (a) IN GENERAL.—Section 301(b) of title 46, ‘‘(4) NOTIFICATION REQUIRED.—The Sec- ‘‘(II) be able to be sorted by cruise line; United States Code, is amended— retary shall notify the vessel at least 72 ‘‘(III) identify each cruise line by name; (1) by amending paragraph (2) to read as hours before taking any action under para- ‘‘(IV) identify each crime or alleged crime follows: graph (2)(B). committed or allegedly committed by a pas- ‘‘(2) TERMS.—The term of each Commis- ‘‘(d) DEFINITIONS.—In this section: senger or crewmember; sioner is 5 years. When the term of a Com- ‘‘(1) ABANDONS; ABANDONED.—Each of the ‘‘(V) identify the number of individuals al- missioner ends, the Commissioner may con- terms ‘abandons’ and ‘abandoned’ means— leged overboard; and tinue to serve until a successor is appointed ‘‘(A) a vessel owner’s or operator’s unilat- ‘‘(VI) include the approximate number of and qualified, but for a period not to exceed eral severance of ties with a seafarer; or passengers and crew carried by each cruise one year. Except as provided in paragraph ‘‘(B) a vessel owner’s or operator’s failure line during each quarterly reporting period. (3), no individual may serve more than 2 to provide necessary support of a seafarer. ‘‘(iii) USER-FRIENDLY FORMAT.—The Sec- terms.’’; and ‘‘(2) FUND.—The term ‘Fund’ means the retary of Transportation shall ensure that (2) by redesignating paragraph (3) as para- Abandoned Seafarers Fund established under the compilation, data, and any other infor- graph (5), and inserting after paragraph (2) this section. mation provided on the Internet website the following: ‘‘(3) NECESSARY SUPPORT.—The term ‘nec- maintained under this subparagraph are in a ‘‘(3) VACANCIES.—A vacancy shall be filled essary support’ means normal wages and ex- user-friendly format. The Secretary shall, to in the same manner as the original appoint- penses the Secretary considers reasonable the greatest extent practicable, use existing ment. An individual appointed to fill a va- for lodging, subsistence, clothing, medical commercial off the shelf technology to cancy is appointed only for the unexpired care (including hospitalization), repatri- transfer and establish the website, and shall term of the individual being succeeded. An ation, and any other support the Secretary not independently develop software, or ac- individual appointed to fill a vacancy may considers to be appropriate. quire new hardware in operating the site.’’; serve 2 terms in addition to the remainder of ‘‘(4) SEAFARER.—The term ‘seafarer’ means and the term for which the predecessor of that an alien crew member who is employed or (2) in subparagraph (B) by striking ‘‘Sec- individual was appointed. engaged in any capacity on board a vessel retary’’ and inserting ‘‘Secretary of Trans- ‘‘(4) CONFLICTS OF INTEREST.— subject to the jurisdiction of the United portation’’. ‘‘(A) LIMITATION ON RELATIONSHIPS WITH States. SEC. 322. COAST GUARD REGULATIONS. REGULATED ENTITIES.—A Commissioner may ‘‘(5) VESSEL SUBJECT TO THE JURISDICTION (a) IN GENERAL.—Not later than 1 year not have a pecuniary interest in, hold an of- OF THE UNITED STATES.—The term ‘vessel after the date of the enactment of this Act, ficial relation to, or own stocks or bonds of subject to the jurisdiction of the United the Secretary of the department in which any entity the Commission regulates under States’ has the meaning given that term in the Coast Guard is operating shall submit to chapter 401 of this title. section 70502(c), except that it does not in- the Committee on Commerce, Science, and ‘‘(B) LIMITATION ON OTHER ACTIVITIES.—A clude a vessel that is— Transportation of the Senate and the Com- Commissioner may not engage in another ‘‘(A) owned, or operated under a bareboat mittee on Transportation and Infrastructure business, vocation, or employment.’’. charter, by the United States, a State or po- of the House of Representatives an analysis (b) APPLICABILITY.—The amendment made litical subdivision thereof, or a foreign na- of the Coast Guard’s proposed promulgation by subsection (a)(1) does not apply with re- tion; and of safety and environmental management spect to a Commissioner of the Federal Mari- ‘‘(B) not engaged in commerce.’’. system requirements for vessels engaged in time Commission appointed and confirmed (b) CLERICAL AMENDMENT.—The analysis Outer Continental Shelf activities. The anal- by the Senate before the date of the enact- for such chapter is amended by adding at the ysis shall include— ment of this Act. end the following: (1) a discussion of any new operational, TITLE V—ARCTIC MARITIME ‘‘11113. Treatment of abandoned seafarers.’’. management, design and construction, finan- TRANSPORTATION (c) CONFORMING AMENDMENT.—Section 9 of cial, and other mandates that would be im- SEC. 501. ARCTIC MARITIME TRANSPORTATION. the Act to Prevent Pollution from Ships (33 posed on vessel owners and operators; (a) ARCTIC MARITIME TRANSPORTATION.— U.S.C. 1908) is amended by adding at the end (2) an estimate of all associated direct and Chapter 5 of title 14, United States Code, is the following: indirect operational, management, per- amended by inserting after section 89 the fol- ‘‘(g) Any penalty collected under sub- sonnel, training, vessel design and construc- lowing: section (a) or (b) that is not paid under that tion, record keeping, and other costs; subsection to the person giving information (3) an identification and justification of ‘‘§ 90. Arctic maritime transportation leading to the conviction or assessment of any of such proposed requirements that ex- ‘‘(a) PURPOSE.—The purpose of this section such penalties shall be deposited in the ceed those in international conventions ap- is to ensure safe and secure maritime ship- Abandoned Seafarers Fund established under plicable to the design, construction, oper- ping in the Arctic including the availability section 11113 of title 46, United States ation, and management of vessels engaging of aids to navigation, vessel escorts, spill re- Code.’’. in United States Outer Continental Shelf ac- sponse capability, and maritime search and SEC. 321. WEBSITE. tivities; and rescue in the Arctic. (a) REPORTS TO SECRETARY OF TRANSPOR- (4) an identification of exemptions to the ‘‘(b) INTERNATIONAL MARITIME ORGANIZA- TATION; INCIDENTS AND DETAILS.—Section proposed requirements, that are based upon TION AGREEMENTS.—To carry out the purpose

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6555 of this section, the Secretary is encouraged ‘‘(9) The National Science Foundation. SEC. 505. ICEBREAKERS. to enter into negotiations through the Inter- ‘‘(10) The Arctic Research Commission. (a) COAST GUARD POLAR ICEBREAKERS.— national Maritime Organization to conclude ‘‘(11) Any Federal agency or commission or Section 222 of the Coast Guard and Maritime and execute agreements to promote coordi- State the Commandant determines is appro- Transportation Act of 2012 (Public Law 112– nated action among the United States, Rus- priate. 213; 126 Stat. 1560) is amended— sia, Canada, Iceland, Norway, and Denmark ‘‘(c) COOPERATION.—The Commandant and (1) in subsection (d)(2)— and other seafaring and Arctic nations to en- the head of a department or agency listed in (A) in the paragraph heading by striking ‘‘; sure, in the Arctic— subsection (b) may by agreement, on a reim- BRIDGING STRATEGY’’; and ‘‘(1) placement and maintenance of aids to bursable basis or otherwise, share personnel, (B) by striking ‘‘Commandant of the Coast navigation; services, equipment, and facilities to carry Guard’’ and all that follows through the pe- ‘‘(2) appropriate marine safety, tug, and out the requirements of this section. riod at the end and inserting ‘‘Commandant salvage capabilities; ‘‘(d) 5-YEAR STRATEGIC PLAN.—Not later of the Coast Guard may decommission the ‘‘(3) oil spill prevention and response capa- than January 1, 2016 and every 5 years there- Polar Sea.’’; bility; after, the Commandant shall submit to the (2) by adding at the end of subsection (d) ‘‘(4) maritime domain awareness, including Committee on Commerce, Science, and the following: long-range vessel tracking; and Transportation of the Senate and the Com- ‘‘(3) RESULT OF NO DETERMINATION.—If in ‘‘(5) search and rescue. mittee on Transportation and Infrastructure the analysis submitted under this section ‘‘(c) COORDINATION BY COMMITTEE ON THE of the House of Representatives a 5-year the Secretary does not make a determina- MARITIME TRANSPORTATION SYSTEM.—The strategic plan to guide interagency and tion under subsection (a)(5) regarding wheth- Committee on the Maritime Transportation international intergovernmental cooperation er it is cost effective to reactivate the Polar System established under section 55501 of and coordination for the purpose of improv- Sea, then— title 46, United States Code, shall coordinate ing maritime domain awareness in the Arc- ‘‘(A) the Commandant of the Coast Guard the establishment of domestic transpor- tic may decommission the Polar Sea; or tation policies in the Arctic necessary to ‘‘(e) DEFINITIONS.—In this section the term ‘‘(B) the Secretary may make such deter- carry out the purpose of this section. ‘Arctic’ has the meaning given that term in mination, not later than 90 days after the ‘‘(d) AGREEMENTS AND CONTRACTS.—The section 112 of the Arctic Research and Policy date of the enactment of Howard Coble Coast Secretary may, subject to the availability of Act of 1984 (15 U.S.C. 4111).’’. Guard and Maritime Transportation Act of appropriations, enter into cooperative agree- (b) CLERICAL AMENDMENT.—The analysis 2014, and take actions in accordance with ments, contracts, or other agreements with, for such chapter is amended by inserting this subsection as though such determina- or make grants to, individuals and govern- after the item relating to section 153 the fol- tion was made in the analysis previously ments to carry out the purpose of this sec- lowing: submitted.’’; tion or any agreements established under (3) by redesignating subsections (e), (f), and ‘‘154. Arctic maritime domain awareness.’’. subsection (b). (g) as subsections (f), (g), and (h), respec- ‘‘(e) ICEBREAKING.—The Secretary shall SEC. 503. IMO POLAR CODE NEGOTIATIONS. tively; and promote safe maritime navigation by means Not later than 30 days after the date of the (4) by inserting after subsection (d) the fol- of icebreaking where necessary, feasible, and enactment of this Act, and thereafter with lowing: effective to carry out the purposes of this the submission of the budget proposal sub- ‘‘(e) STRATEGIES.— section. mitted for each of fiscal years 2016, 2017, and ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(f) ARCTIC DEFINITION.—In this section, 2018 under section 1105 of title 31, United after the date on which the analysis required the term ‘Arctic’? has the meaning given States Code, the Secretary of the depart- under subsection (a) is submitted, the Com- such term in section 112 of the Arctic Re- ment in which the Coast Guard is operating mandant of the Coast Guard shall submit to search and Policy Act of 1984 (15 U.S.C. shall submit to the Committee on Transpor- the Committee on Transportation and Infra- 4111).’’. tation and Infrastructure of the House of structure of the House of Representatives (b) CLERICAL AMENDMENT.—The analysis Representatives and the Committee on Com- and the Committee on Commerce, Science, for such chapter is amended by inserting merce, Science, and Transportation of the and Transportation of the Senate— after the item relating to section 89 the fol- Senate, a report on— ‘‘(A) unless the Secretary makes a deter- lowing: (1) the status of the negotiations at the mination under this section that it is cost ef- ‘‘90. Arctic maritime transportation’’. International Maritime Organization regard- fective to reactivate the Polar Sea, a bridg- (c) CONFORMING AMENDMENT.—Section 307 ing the establishment of a draft inter- ing strategy for maintaining the Coast of the Coast Guard Authorization Act of 2010 national code of safety for ships operating in Guard’s polar icebreaking services until at (Public Law 111–281; 14 U.S.C. 92 note) is re- polar waters, popularly known as the Polar least September 30, 2024; pealed. Code, and any amendments proposed by such ‘‘(B) a strategy to meet the Coast Guard’s SEC. 502. ARCTIC MARITIME DOMAIN AWARE- a code to be made to the International Con- Arctic ice operations needs through Sep- NESS. vention for the Safety of Life at Sea and the tember 30, 2050; and (a) IN GENERAL.—Chapter 7 of title 14, International Convention for the Prevention ‘‘(C) a strategy to meet the Coast Guard’s United States Code, is amended by adding at of Pollution from Ships; Antarctic ice operations needs through Sep- the end the following: (2) the coming into effect of such a code tember 30, 2050 ‘‘§ 154. Arctic maritime domain awareness and such amendments for nations that are ‘‘(2) REQUIREMENT.—The strategies re- parties to those conventions; ‘‘(a) IN GENERAL.—The Commandant shall quired under paragraph (1) shall include a improve maritime domain awareness in the (3) impacts, for coastal communities lo- business case analysis comparing the leasing Arctic— cated in the Arctic (as that term is defined and purchasing of icebreakers to maintain ‘‘(1) by promoting interagency cooperation in the section 112 of the Arctic Research and the needs and services described in that and coordination; Policy Act of 1984 (15 U.S.C. 4111)) of such a paragraph.’’. ‘‘(2) by employing joint, interagency, and code or such amendments, on— (b) CUTTER ‘‘POLAR SEA’’.—Upon the sub- international capabilities; and (A) the costs of delivering fuel and freight; mission of a service life extension plan in ac- ‘‘(3) by facilitating the sharing of informa- and cordance with section 222(d)(1)(C) of the tion, intelligence, and data related to the (B) the safety of maritime transportation; Coast Guard and Maritime Transportation Arctic maritime domain between the Coast and Act of 2012 (Public Law 112–213; 126 Stat. Guard and departments and agencies listed (4) actions the Secretary must take to im- 1560), the Secretary of the department in in subsection (b). plement the requirements of such a code and which the Coast Guard is operating may use ‘‘(b) COORDINATION.—The Commandant such amendments. funds authorized under section 101 of this shall seek to coordinate the collection, shar- SEC. 504. FORWARD OPERATING FACILITIES. Act to conduct a service life extension of 7 to ing, and use of information, intelligence, and The Secretary of the department in which 10 years for the Coast Guard Cutter Polar Sea data related to the Arctic maritime domain the Coast Guard is operating may construct (WAGB 11) in accordance with such plan. between the Coast Guard and the following: facilities in the Arctic (as that term is de- (c) LIMITATION.— ‘‘(1) The Department of Homeland Secu- fined in section 112 of the Arctic Research (1) IN GENERAL.—The Secretary of the de- rity. and Policy Act of 1984 (15 U.S.C. 4111). The fa- partment in which the Coast Guard is oper- ‘‘(2) The Department of Defense. cilities shall— ating may not expend amounts appropriated ‘‘(3) The Department of Transportation. (1) support aircraft maintenance, including for the Coast Guard for any of fiscal years ‘‘(4) The Department of State. exhaust ventilation, heat, an engine wash 2015 through 2024, for— ‘‘(5) The Department of the Interior. system, fuel, ground support services, and (A) design activities related to a capability ‘‘(6) The National Aeronautics and Space electrical power; of a Polar-Class Icebreaker that is based Administration. (2) provide shelter for both current heli- solely on an operational requirement of an- ‘‘(7) The National Oceanic and Atmos- copter assets and those projected to be lo- other Federal department or agency, except pheric Administration. cated at Air Station Kodiak, Alaska, for at for amounts appropriated for design activi- ‘‘(8) The Environmental Protection Agen- least 20 years; and ties for a fiscal year before fiscal year 2016; cy. (3) include accommodations for personnel. or

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(1) IN GENERAL.—Section 8902 of title 46, (c) SURVEY.—The exact acreage and legal (2) OTHER AMOUNTS.—Amounts made avail- United States Code, shall not apply to the description of the property described in sub- able to the Secretary under an agreement vessel John Craig (United States official section (a) shall be determined by a survey with another Federal department or agency number D1110613) when such vessel is oper- satisfactory to the Commandant. and expended on a capability of a Polar-Class ating on the portion of the Kentucky River, (d) FAIR MARKET VALUE.—The fair market Icebreaker that is based solely on an oper- Kentucky, located at approximately mile value of the property described in subsection ational requirement of that or another Fed- point 158, in Pool Number 9, between Lock (a) shall— eral department or agency shall not be treat- and Dam Number 9 and Lock and Dam Num- (1) be determined by appraisal; and ed as amounts expended by the Secretary for ber 10. (2) be subject to the approval of the Com- purposes of the limitation established under (2) APPLICATION.—Paragraph (1) shall apply mandant. (e) COSTS OF CONVEYANCE.—The responsi- paragraph (1). on and after the date on which the Secretary of the department in which the Coast Guard bility for all reasonable and necessary costs, SEC. 506. ICEBREAKING IN POLAR REGIONS. including real estate transaction and envi- is operating determines that a licensing re- (a) IN GENERAL.—Chapter 5 of title 14, ronmental documentation costs, associated quirement has been established under Ken- United States Code, is amended by inserting with a conveyance under subsection (a) shall tucky State law that applies to an operator after section 86 the following: be determined by the Commandant and the of the vessel John Craig. ‘‘§ 87. Icebreaking in polar regions purchaser. (b) ‘‘F/V WESTERN CHALLENGER’’.—Not- ‘‘The President shall facilitate planning (f) ADDITIONAL TERMS AND CONDITIONS.— withstanding section 12132 of title 46, United The Commandant may require such addi- for the design, procurement, maintenance, States Code, the Secretary of the depart- deployment, and operation of icebreakers as tional terms and conditions in connection ment in which the Coast Guard is operating with a conveyance under subsection (a) as needed to support the statutory missions of may issue a certificate of documentation the Coast Guard in the polar regions by allo- the Commandant considers appropriate and with a coastwise endorsement for the F/V reasonable to protect the interests of the cating all funds to support icebreaking oper- Western Challenger (IMO number 5388108). ations in such regions, except for recurring United States. SEC. 605. COMPETITION BY UNITED STATES FLAG (g) DEPOSIT OF PROCEEDS.—Any proceeds incremental costs associated with specific VESSELS. from a conveyance under subsection (a) shall projects, to the Coast Guard.’’. (a) IN GENERAL.—The Commandant of the be deposited in the fund established under (b) CLERICAL AMENDMENT.—The analysis Coast Guard shall enter into an arrangement section 687 of title 14, United States Code. for such chapter is amended by inserting with the National Academy of Sciences to after the item relating to section 86 the fol- SEC. 608. CONVEYANCE OF CERTAIN PROPERTY conduct an assessment of authorities under IN GIG HARBOR, WASHINGTON. lowing: subtitle II of title 46, United States Code, (a) DEFINITIONS.—In this section, the fol- ‘‘87. Icebreaking in polar regions.’’. that have been delegated to the Coast Guard lowing definitions apply: TITLE VI—MISCELLANEOUS and that impact the ability of vessels docu- (1) CITY.—The term ‘‘City’’ means the city SEC. 601. DISTANT WATER TUNA FLEET. mented under the laws of the United States of Gig Harbor, Washington. Section 421 of the Coast Guard and Mari- to effectively compete in international (2) PROPERTY.—The term ‘‘Property’’ time Transportation Act of 2006 (46 U.S.C. transportation markets. means the parcel of real property, together 8103 note) is amended— (b) REVIEW OF DIFFERENCES WITH IMO with any improvements thereon, consisting (1) by striking subsections (c) and (e); and STANDARDS.—The assessment under sub- of approximately 0.86 acres of fast lands com- (2) by redesignating subsections (d) and (f) section (a) shall include a review of dif- monly identified as tract 65 of lot 1 of sec- as subsections (c) and (d), respectively. ferences between United States laws, poli- tion 8, township 21 north, range 2 east, Wil- cies, regulations, and guidance governing the lamette Meridian, on the north side of the SEC. 602. EXTENSION OF MORATORIUM. inspection of vessels documented under the entrance of Gig Harbor, narrows of Puget Section 2(a) of Public Law 110–299 (33 laws of the United States and standards set Sound, Washington. U.S.C. 1342 note) is amended by striking by the International Maritime Organization (3) SECRETARY.—The term ‘‘Secretary’’ ‘‘2014’’ and inserting ‘‘2017’’. governing the inspection of vessels. means the Secretary of the Interior. SEC. 603. NATIONAL MARITIME STRATEGY. (c) DEADLINE.—Not later than 180 days (b) CONVEYANCE.— (a) IN GENERAL.—Not later than 60 days after the date on which the Commandant en- (1) AUTHORITY TO CONVEY.—Not later than after the date of the enactment of this Act, ters into an arrangement with the National 30 days after the date on which the Secretary the Secretary of Transportation, in consulta- Academy of Sciences under subsection (a), of the department in which the Coast Guard tion with the Secretary of the department in the Commandant shall submit to the Com- is operating relinquishes the reservation of which the Coast Guard is operating, shall mittee on Transportation and Infrastructure the Property for lighthouse purposes, at the submit to the Committee on Transportation of the House of Representatives and the request of the City and subject to the re- and Infrastructure of the House of Rep- Committee on Commerce, Science, and quirements of this section, the Secretary resentatives and the Committee on Com- Transportation of the Senate the assessment shall convey to the City all right, title, and merce, Science, and Transportation of the required under such subsection. interest of the United States in and to the Senate a national maritime strategy. SEC. 606. VESSEL REQUIREMENTS FOR NOTICES Property, notwithstanding the land use plan- (b) CONTENTS.—The strategy required OF ARRIVAL AND DEPARTURE AND ning requirements of sections 202 and 203 of under subsection (a) shall— AUTOMATIC IDENTIFICATION SYS- the Federal Land Policy and Management (1) identify— TEM. Act of 1976 (43 U.S.C. 1712, 1713). (A) Federal regulations and policies that Not later than 30 days after the date of the (2) TERMS OF CONVEYANCE.—A conveyance reduce the competitiveness of United States enactment of this Act, the Secretary of the made under paragraph (1) shall be made— flag vessels in international transportation department in which the Coast Guard is op- (A) subject to valid existing rights; markets; and erating shall notify the Committee on Trans- (B) at the fair market value as described in (B) the impact of reduced cargo flow due to portation and Infrastructure of the House of subsection (c); and reductions in the number of members of the Representatives and the Committee on Com- (C) subject to any other condition that the United States Armed Forces stationed or de- merce, Science, and Transportation of the Secretary may consider appropriate to pro- ployed outside of the United States; and Senate of the status of the final rule that re- tect the interests of the United States. (2) include recommendations to— lates to the notice of proposed rulemaking (3) COSTS.—The City shall pay any trans- (A) make United States flag vessels more titled ‘‘Vessel Requirements for Notices of action or administrative costs associated competitive in shipping routes between Arrival and Departure, and Automatic Iden- with a conveyance under paragraph (1), in- United States and foreign ports; tification System’’ and published in the Fed- cluding the costs of the appraisal, title (B) increase the use of United States flag eral Register on December 16, 2008 (73 Fed. searches, maps, and boundary and cadastral vessels to carry cargo imported to and ex- Reg. 76295). surveys. ported from the United States; SEC. 607. CONVEYANCE OF COAST GUARD PROP- (4) CONVEYANCE IS NOT A MAJOR FEDERAL (C) ensure compliance by Federal agencies ERTY IN ROCHESTER, NEW YORK. ACTION.—A conveyance under paragraph (1) with chapter 553 of title 46, United States (a) CONVEYANCE AUTHORIZED.—The Com- shall not be considered a major Federal ac- Code; mandant of the Coast Guard is authorized to tion for purposes of section 102(2) of the Na- (D) increase the use of third-party inspec- convey, at fair market value, all right, title, tional Environmental Policy Act of 1969 (42 tion and certification authorities to inspect and interest of the United States in and to a U.S.C. 4332(2)). and certify vessels; parcel of real property, consisting of approxi- (c) FAIR MARKET VALUE.— (E) increase the use of short sea transpor- mately 0.2 acres, that is under the adminis- (1) DETERMINATION.—The fair market value tation routes, including routes designated trative control of the Coast Guard and lo- of the Property shall be— under section 55601(c) of title 46, United cated at 527 River Street in Rochester, New (A) determined by an appraisal conducted States Code, to enhance intermodal freight York. by an independent appraiser selected by the movements; and (b) RIGHT OF FIRST REFUSAL.—The City of Secretary; and (F) enhance United States shipbuilding ca- Rochester, New York, shall have the right of (B) approved by the Secretary in accord- pability. first refusal with respect to the purchase, at ance with paragraph (3).

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(2) REQUIREMENTS.—An appraisal con- year thereafter in which spaces are allocated disruption, modification, or destruction of ducted under paragraph (1) shall— and assigned under subsection (a)(2), the Ad- information or information systems, includ- (A) be conducted in accordance with na- ministrator shall provide to the Committee ing such related consequences caused by an tionally recognized appraisal standards, in- on Commerce, Science, and Transportation act of terrorism; cluding— of the Senate and the Committee on Trans- ‘‘(2) the term ‘incident’ means an occur- (i) the Uniform Appraisal Standards for portation and Infrastructure of the House of rence that— Federal Land Acquisitions; and Representatives a report on— ‘‘(A) actually or imminently jeopardizes, (ii) the Uniform Standards of Professional (1) the impact of assigning and allocating without lawful authority, the integrity, con- Appraisal Practice; and parking spaces under subsection (a) on the fidentiality, or availability of information (B) shall reflect the equitable consider- congestion of roads connecting the St. Eliza- on an information system; or ations described in paragraph (3). beths Campus to the portions of Suitland ‘‘(B) constitutes a violation or imminent (3) EQUITABLE CONSIDERATIONS.—In approv- Parkway and I–295 located in the Anacostia threat of violation of law, security policies, ing the fair market value of the Property section of the District of Columbia; and security procedures, or acceptable use poli- under this subsection, the Secretary shall (2) progress made toward completion of es- cies; take into consideration matters of equity sential transportation improvements identi- ‘‘(3) the term ‘information sharing and and fairness, including the City’s past and fied in the Transportation Management Pro- analysis organization’ has the meaning given current lease of the Property, any mainte- gram for the St. Elizabeths Campus. that term in section 212(5); and nance or improvements by the City to the (c) REALLOCATION.—Notwithstanding sub- ‘‘(4) the term ‘information system’ has the Property, and such other factors as the Sec- section (a), the Administrator may revise meaning given that term in section 3502(8) of retary considers appropriate. the allocation and assignment of spaces to title 44, United States Code. (d) REVOCATION; REVERSION.—Effective on members and employees of the Coast Guard ‘‘(b) CENTER.—There is in the Department and after the date on which a conveyance of made under subsection (a) as necessary to a national cybersecurity and communica- the Property is made under subsection accommodate employees of the Department tions integration center (referred to in this (b)(1)— of Homeland Security, other than the Coast section as the ‘Center’) to carry out certain (1) Executive Order 3528, dated August 9, Guard, when such employees are assigned to responsibilities of the Under Secretary ap- 1921, is revoked; and the St. Elizabeths Campus. pointed under section 103(a)(1)(H). ‘‘(c) FUNCTIONS.—The cybersecurity func- (2) the use of the tide and shore lands be- tions of the Center shall include— longing to the State of Washington and ad- SA 3998. Mrs. BOXER (for Mr. ROCKE- ‘‘(1) being a Federal civilian interface for joining and bordering the Property, that FELLER) proposed an amendment to the the multi-directional and cross-sector shar- were granted to the Government of the bill S. 2444, to authorize appropriations ing of information related to cybersecurity United States pursuant to the Act of the for the Coast Guard for fiscal year 2015, risks, incidents, analysis, and warnings for Legislature, State of Washington, approved and for other purposes; as follows: Federal and non-Federal entities; March 13, 1909, the same being chapter 110 of Amend the title so as to read: ‘‘A bill to ‘‘(2) providing shared situational awareness the Session Laws of 1909, shall revert to the authorize appropriations for the Coast Guard to enable real-time, integrated, and oper- State of Washington. for fiscal year 2015, and for other purposes.’’. ational actions across the Federal Govern- SEC. 609. VESSEL DETERMINATION. ment and non-Federal entities to address cy- The vessel assigned United States official SA 3999. Mrs. BOXER (for Mr. CAR- bersecurity risks and incidents to Federal number 1205366 is deemed a new vessel effec- PER) proposed an amendment to the and non-Federal entities; tive on the date of delivery of the vessel ‘‘(3) coordinating the sharing of informa- after January 1, 2012, from a privately owned bill S. 2519, to codify an existing oper- ations center for cybersecurity; as fol- tion related to cybersecurity risks and inci- United States shipyard, if no encumbrances dents across the Federal Government; are on record with the Coast Guard at the lows: ‘‘(4) facilitating cross-sector coordination time of the issuance of the new certificate of Strike all after the enacting clause and in- to address cybersecurity risks and incidents, documentation for the vessel. sert the following: including cybersecurity risks and incidents SEC. 610. SAFE VESSEL OPERATION IN THUNDER SECTION 1. SHORT TITLE. that may be related or could have con- BAY. This Act may be cited as the ‘‘National Cy- sequential impacts across multiple sectors; The Secretary of the department in which bersecurity Protection Act of 2014’’. ‘‘(5)(A) conducting integration and anal- the Coast Guard is operating and the Admin- SEC. 2. DEFINITIONS. ysis, including cross-sector integration and istrator of the Environmental Protection In this Act— analysis, of cybersecurity risks and inci- Agency may not prohibit a vessel operating (1) the term ‘‘Center’’ means the national dents; and within the existing boundaries and any fu- cybersecurity and communications integra- ‘‘(B) sharing the analysis conducted under ture expanded boundaries of the Thunder tion center under section 226 of the Home- subparagraph (A) with Federal and non-Fed- Bay National Marine Sanctuary and Under- land Security Act of 2002, as added by section eral entities; water Preserve from taking up or dis- 3; ‘‘(6) upon request, providing timely tech- charging ballast water to allow for safe and (2) the term ‘‘critical infrastructure’’ has nical assistance, risk management support, efficient vessel operation if the uptake or the meaning given that term in section 2 of and incident response capabilities to Federal discharge meets all Federal and State bal- the Homeland Security Act of 2002 (6 U.S.C. and non-Federal entities with respect to cy- last water management requirements that 101); bersecurity risks and incidents, which may would apply if the area were not a marine (3) the term ‘‘cybersecurity risk’’ has the include attribution, mitigation, and remedi- sanctuary. meaning given that term in section 226 of the ation; and SEC. 611. PARKING FACILITIES. Homeland Security Act of 2002, as added by ‘‘(7) providing information and rec- (a) ALLOCATION AND ASSIGNMENT.— section 3; ommendations on security and resilience (1) IN GENERAL.—Subject to the require- (4) the term ‘‘information sharing and measures to Federal and non-Federal enti- ments of this section, the Administrator of analysis organization’’ has the meaning ties, including information and recommenda- General Services, in coordination with the given that term in section 212(5) of the tions to— Commandant of the Coast Guard, shall allo- Homeland Security Act of 2002 (6 U.S.C. ‘‘(A) facilitate information security; and cate and assign the spaces in parking facili- 131(5)); ‘‘(B) strengthen information systems ties at the Department of Homeland Secu- (5) the term ‘‘information system’’ has the against cybersecurity risks and incidents. rity St. Elizabeths Campus to allow any meaning given that term in section 3502(8) of ‘‘(d) COMPOSITION.— member or employee of the Coast Guard, title 44, United States Code; and ‘‘(1) IN GENERAL.—The Center shall be com- who is assigned to the Campus, to use such (6) the term ‘‘Secretary’’ means the Sec- posed of— spaces. retary of Homeland Security. ‘‘(A) appropriate representatives of Federal (2) TIMING.—In carrying out paragraph (1), SEC. 3. NATIONAL CYBERSECURITY AND COMMU- entities, such as— and in addition to the parking spaces allo- NICATIONS INTEGRATION CENTER. ‘‘(i) sector-specific agencies; cated and assigned to Coast Guard members (a) IN GENERAL.—Subtitle C of title II of ‘‘(ii) civilian and law enforcement agen- and employees in fiscal year 2014, the Admin- the Homeland Security Act of 2002 (6 U.S.C. cies; and istrator shall allocate and assign not less 141 et seq.) is amended by adding at the end ‘‘(iii) elements of the intelligence commu- than— the following: nity, as that term is defined under section (A) 300 parking spaces not later than Sep- ‘‘SEC. 226. NATIONAL CYBERSECURITY AND COM- 3(4) of the National Security Act of 1947 (50 tember 30, 2015; MUNICATIONS INTEGRATION CEN- U.S.C. 3003(4)); (B) 700 parking spaces not later than Sep- TER. ‘‘(B) appropriate representatives of non- tember 30, 2016; and ‘‘(a) DEFINITIONS.—In this section— Federal entities, such as— (C) 1,042 parking spaces not later than Sep- ‘‘(1) the term ‘cybersecurity risk’ means ‘‘(i) State and local governments; tember 30, 2017. threats to and vulnerabilities of information ‘‘(ii) information sharing and analysis or- (b) TRANSPORTATION MANAGEMENT RE- or information systems and any related con- ganizations; and PORT.—Not later than 1 year after the date of sequences caused by or resulting from unau- ‘‘(iii) owners and operators of critical in- the enactment of this Act, and each fiscal thorized access, use, disclosure, degradation, formation systems;

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6558 CONGRESSIONAL RECORD — SENATE December 10, 2014 ‘‘(C) components within the Center that rity purposes between the Center and non- House of Representatives a report on the ef- carry out cybersecurity and communications Federal entities (referred to in this section fectiveness of the Center in carrying out its activities; as ‘‘cybersecurity information-sharing cybersecurity mission. ‘‘(D) a designated Federal official for oper- agreements’’) to— SEC. 7. CYBER INCIDENT RESPONSE PLAN; ational coordination with and across each (1) the Committee on Homeland Security CLEARANCES; BREACHES. sector; and and Governmental Affairs and the Com- (a) CYBER INCIDENT RESPONSE PLAN; CLEAR- ‘‘(E) other appropriate representatives or mittee on the Judiciary of the Senate; and ANCES.—Subtitle C of title II of the Home- entities, as determined by the Secretary. (2) the Committee on Homeland Security land Security Act of 2002 (6 U.S.C. 141 et ‘‘(2) INCIDENTS.—In the event of an inci- and the Committee on the Judiciary of the seq.), as amended by section 3, is amended by dent, during exigent circumstances the Sec- House of Representatives. adding at the end the following: retary may grant a Federal or non-Federal (b) CONTENTS.—In submitting recommenda- ‘‘SEC. 227. CYBER INCIDENT RESPONSE PLAN. entity immediate temporary access to the tions under subsection (a), the Secretary ‘‘The Under Secretary appointed under sec- Center. shall— tion 103(a)(1)(H) shall, in coordination with ‘‘(e) PRINCIPLES.—In carrying out the func- (1) address the development and utilization appropriate Federal departments and agen- tions under subsection (c), the Center shall of a scalable form that retains all privacy cies, State and local governments, sector co- ensure— and other protections in cybersecurity infor- ordinating councils, information sharing and ‘‘(1) to the extent practicable, that— mation-sharing agreements that are in effect analysis organizations (as defined in section ‘‘(A) timely, actionable, and relevant infor- as of the date on which the Secretary sub- 212(5)), owners and operators of critical infra- mation related to cybersecurity risks, inci- mits the recommendations, including Coop- structure, and other appropriate entities and dents, and analysis is shared; erative Research and Development Agree- individuals, develop, regularly update, main- ‘‘(B) when appropriate, information related ments; and tain, and exercise adaptable cyber incident to cybersecurity risks, incidents, and anal- (2) include in the recommendations any ad- response plans to address cybersecurity risks ysis is integrated with other relevant infor- ditional authorities or resources that may be (as defined in section 226) to critical infra- mation and tailored to the specific charac- needed to carry out the implementation of structure. teristics of a sector; any new cybersecurity information-sharing ‘‘SEC. 228. CLEARANCES. ‘‘(C) activities are prioritized and con- agreements. ‘‘The Secretary shall make available the ducted based on the level of risk; SEC. 5. ANNUAL REPORT. process of application for security clearances ‘‘(D) industry sector-specific, academic, Not later than 1 year after the date of en- under Executive Order 13549 (75 Fed. Reg. 162; and national laboratory expertise is sought actment of this Act, and every year there- relating to a classified national security in- and receives appropriate consideration; after for 3 years, the Secretary shall submit formation program) or any successor Execu- ‘‘(E) continuous, collaborative, and inclu- to the Committee on Homeland Security and tive Order to appropriate representatives of sive coordination occurs— Governmental Affairs and the Committee on sector coordinating councils, sector informa- ‘‘(i) across sectors; and the Judiciary of the Senate, the Committee tion sharing and analysis organizations (as ‘‘(ii) with— on Homeland Security and the Committee on defined in section 212(5)), owners and opera- ‘‘(I) sector coordinating councils; the Judiciary of the House of Representa- tors of critical infrastructure, and any other ‘‘(II) information sharing and analysis or- tives, and the Comptroller General of the person that the Secretary determines appro- ganizations; and United States a report on the Center, which priate.’’. ‘‘(III) other appropriate non-Federal part- shall include— (b) BREACHES.— ners; (a) information on the Center, including— (1) REQUIREMENTS.—The Director of the Of- ‘‘(F) as appropriate, the Center works to (1) an assessment of the capability and ca- fice of Management and Budget shall ensure develop and use mechanisms for sharing in- pacity of the Center to carry out its cyberse- that data breach notification policies and formation related to cybersecurity risks and curity mission under this Act; guidelines are updated periodically and re- incidents that are technology-neutral, inter- (2) the number of representatives from quire— operable, real-time, cost-effective, and resil- non-Federal entities that are participating (A) except as provided in paragraph (4), no- ient; and in the Center, including the number of rep- tice by the affected agency to each com- ‘‘(G) the Center works with other agencies resentatives from States, nonprofit organiza- mittee of Congress described in section to reduce unnecessarily duplicative sharing tions, and private sector entities, respec- 3544(c)(1) of title 44, United States Code, the of information related to cybersecurity risks tively; Committee on the Judiciary of the Senate, and incidents; (3) the number of requests from non-Fed- and the Committee on Homeland Security ‘‘(2) that information related to cybersecu- eral entities to participate in the Center and and the Committee on the Judiciary of the rity risks and incidents is appropriately safe- the response to such requests; House of Representatives, which shall— guarded against unauthorized access; and (4) the average length of time taken to re- (i) be provided expeditiously and not later ‘‘(3) that activities conducted by the Cen- solve requests described in paragraph (3); than 30 days after the date on which the ter comply with all policies, regulations, and (5) the identification of— agency discovered the unauthorized acquisi- laws that protect the privacy and civil lib- (A) any delay in resolving requests de- tion or access; and erties of United States persons. scribed in paragraph (3) involving security (ii) include— ‘‘(f) NO RIGHT OR BENEFIT.— clearance processing; and (I) information about the breach, including ‘‘(1) IN GENERAL.—The provision of assist- (B) the agency involved with a delay de- a summary of any information that the ance or information to, and inclusion in the scribed in subparagraph (A); agency knows on the date on which notifica- Center of, governmental or private entities (6) a description of any other obstacles or tion is provided about how the breach oc- under this section shall be at the sole and challenges to resolving requests described in curred; unreviewable discretion of the Under Sec- paragraph (3) and a summary of the reasons (II) an estimate of the number of individ- retary appointed under section 103(a)(1)(H). for denials of any such requests; uals affected by the breach, based on infor- ‘‘(2) CERTAIN ASSISTANCE OR INFORMATION.— (7) the extent to which the Department is mation that the agency knows on the date The provision of certain assistance or infor- engaged in information sharing with each on which notification is provided, including mation to, or inclusion in the Center of, one critical infrastructure sector, including— an assessment of the risk of harm to affected governmental or private entity pursuant to (A) the extent to which each sector has individuals; this section shall not create a right or ben- representatives at the Center; (III) a description of any circumstances ne- efit, substantive or procedural, to similar as- (B) the extent to which owners and opera- cessitating a delay in providing notice to af- sistance or information for any other gov- tors of critical infrastructure in each critical fected individuals; and ernmental or private entity.’’. infrastructure sector participate in informa- (IV) an estimate of whether and when the (b) TECHNICAL AND CONFORMING AMEND- tion sharing at the Center; and agency will provide notice to affected indi- MENT.—The table of contents in section 1(b) (C) the volume and range of activities with viduals; and of the Homeland Security Act of 2002 (6 respect to which the Secretary has collabo- (B) notice by the affected agency to af- U.S.C. 101 note) is amended by inserting rated with the sector coordinating councils fected individuals, pursuant to data breach after the item relating to section 225 the fol- and the sector-specific agencies to promote notification policies and guidelines, which lowing: greater engagement with the Center; and shall be provided as expeditiously as prac- ‘‘Sec. 226. National cybersecurity and com- (8) the policies and procedures established ticable and without unreasonable delay after munications integration cen- by the Center to safeguard privacy and civil the agency discovers the unauthorized acqui- ter.’’. liberties. sition or access. SEC. 4. RECOMMENDATIONS REGARDING NEW SEC. 6. GAO REPORT. (2) NATIONAL SECURITY; LAW ENFORCEMENT; AGREEMENTS. Not later than 2 years after the date of en- REMEDIATION.—The Attorney General, the (a) IN GENERAL.—Not later than 180 days actment of this Act, the Comptroller General head of an element of the intelligence com- after the date of enactment of this Act, the of the United States shall submit to the munity (as such term is defined under sec- Secretary shall submit recommendations on Committee on Homeland Security and Gov- tion 3(4) of the National Security Act of 1947 how to expedite the implementation of infor- ernmental Affairs of the Senate and the (50 U.S.C. 3003(4)), or the Secretary may mation-sharing agreements for cybersecu- Committee on Homeland Security of the delay the notice to affected individuals

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.025 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6559 under paragraph (1)(B) if the notice would tions, or any successor thereto, at a thresh- ‘‘(12) the terms ‘tiering’ and ‘tiering meth- disrupt a law enforcement investigation, en- old quantity set pursuant to relevant risk- odology’ mean the procedure by which the danger national security, or hamper security related security principles; and Secretary assigns a tier to each covered remediation actions. ‘‘(B) is not an excluded facility; chemical facility based on the risk assess- (3) OMB REPORT.—During the first 2 years ‘‘(3) the term ‘covered chemical facility’ ment for that covered chemical facility; beginning after the date of enactment of this means a facility that— ‘‘(13) the term ‘Top-Screen’ has the mean- Act, the Director of the Office of Manage- ‘‘(A) the Secretary— ing given the term in section 27.105 of title 6, ment and Budget shall, on an annual basis— ‘‘(i) identifies as a chemical facility of in- Code of Federal Regulations, or any suc- (A) assess agency implementation of data terest; and cessor thereto; and breach notification policies and guidelines in ‘‘(ii) based upon review of the facility’s ‘‘(14) the term ‘vulnerability assessment’ aggregate; and Top-Screen, determines meets the risk cri- means the identification of weaknesses in (B) include the assessment described in teria developed under section 2102(e)(2)(B); the security of a chemical facility of inter- clause (i) in the report required under sec- and est. tion 3543(a)(8) of title 44, United States Code. ‘‘(B) is not an excluded facility; ‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TER- (4) EXCEPTION.—Any element of the intel- ‘‘(4) the term ‘excluded facility’ means— RORISM STANDARDS PROGRAM. ligence community (as such term is defined ‘‘(A) a facility regulated under the Mari- ‘‘(a) PROGRAM ESTABLISHED.— under section 3(4) of the National Security time Transportation Security Act of 2002 ‘‘(1) IN GENERAL.—There is in the Depart- Act of 1947 (50 U.S.C. 3003(4)) that is required (Public Law 107–295; 116 Stat. 2064); ment a Chemical Facility Anti-Terrorism to provide notice under paragraph (1)(A) ‘‘(B) a public water system, as that term is Standards Program. shall only provide such notice to appropriate defined in section 1401 of the Safe Drinking ‘‘(2) REQUIREMENTS.—In carrying out the committees of Congress. Water Act (42 U.S.C. 300f); Chemical Facility Anti-Terrorism Standards (c) RULE OF CONSTRUCTION.—Nothing in the ‘‘(C) a Treatment Works, as that term is Program, the Secretary shall— amendment made by subsection (a) or in sub- defined in section 212 of the Federal Water ‘‘(A) identify— section (b)(1) shall be construed to alter any Pollution Control Act (33 U.S.C. 1292); ‘‘(i) chemical facilities of interest; and authority of a Federal agency or depart- ‘‘(D) a facility owned or operated by the ‘‘(ii) covered chemical facilities; ment. Department of Defense or the Department of ‘‘(B) require each chemical facility of in- (d) TECHNICAL AND CONFORMING AMEND- Energy; or terest to submit a Top-Screen and any other MENT.—The table of contents in section 1(b) ‘‘(E) a facility subject to regulation by the information the Secretary determines nec- of the Homeland Security Act of 2002 (6 Nuclear Regulatory Commission, or by a essary to enable the Department to assess U.S.C. 101 note), as amended by section 3, is State that has entered into an agreement the security risks associated with the facil- amended by inserting after the item relating with the Nuclear Regulatory Commission ity; to section 226 the following: under section 274 b. of the Atomic Energy ‘‘(C) establish risk-based performance Act of 1954 (42 U.S.C. 2021(b)) to protect standards designed to address high levels of ‘‘Sec. 227. Cyber incident response plan. against unauthorized access of any material, security risk at covered chemical facilities; ‘‘Sec. 228. Clearances.’’. activity, or structure licensed by the Nu- and SEC. 8. RULES OF CONSTRUCTION. clear Regulatory Commission; ‘‘(D) require each covered chemical facility (a) PROHIBITION ON NEW REGULATORY AU- ‘‘(5) the term ‘existing CFATS regulation’ to— THORITY.—Nothing in this Act or the amend- means— ‘‘(i) submit a security vulnerability assess- ments made by this Act shall be construed to ‘‘(A) a regulation promulgated under sec- ment; and grant the Secretary any authority to pro- tion 550 of the Department of Homeland Se- ‘‘(ii) develop, submit, and implement a site mulgate regulations or set standards relat- curity Appropriations Act, 2007 (Public Law security plan. ing to the cybersecurity of private sector 109–295; 6 U.S.C. 121 note) that is in effect on ‘‘(b) SECURITY MEASURES.— critical infrastructure that was not in effect the day before the date of enactment of the ‘‘(1) IN GENERAL.—A facility, in developing on the day before the date of enactment of Protecting and Securing Chemical Facilities a site security plan as required under sub- this Act. from Terrorist Attacks Act of 2014; and section (a), shall include security measures (b) PRIVATE ENTITIES.—Nothing in this Act ‘‘(B) a Federal Register notice or other that, in combination, appropriately address or the amendments made by this Act shall be published guidance relating to section 550 of the security vulnerability assessment and construed to require any private entity— the Department of Homeland Security Ap- the risk-based performance standards for se- (1) to request assistance from the Sec- propriations Act, 2007 that is in effect on the curity for the facility. retary; or day before the date of enactment of the Pro- ‘‘(2) EMPLOYEE INPUT.—To the greatest ex- (2) that requested such assistance from the tecting and Securing Chemical Facilities tent practicable, a facility’s security vulner- Secretary to implement any measure or rec- from Terrorist Attacks Act of 2014; ability assessment and site security plan ommendation suggested by the Secretary. ‘‘(6) the term ‘expedited approval facility’ shall include input from at least 1 facility means a covered chemical facility for which employee and, where applicable, 1 employee SA 4000. Mrs. BOXER (for Mr. CAR- the owner or operator elects to submit a site representative from the bargaining agent at PER (for himself and Mr. COBURN)) pro- security plan in accordance with section that facility, each of whom possesses, in the posed an amendment to the bill H.R. 2102(c)(4); determination of the facility’s security offi- 4007, to recodify and reauthorize the ‘‘(7) the term ‘facially deficient’, relating cer, relevant knowledge, experience, train- to a site security plan, means a site security ing, or education as pertains to matters of Chemical Facility Anti-Terrorism plan that does not support a certification site security. Standards Program; as follows: that the security measures in the plan ad- ‘‘(c) APPROVAL OR DISAPPROVAL OF SITE SE- In lieu of the matter proposed to be in- dress the security vulnerability assessment CURITY PLANS.— serted, insert the following: and the risk-based performance standards for ‘‘(1) IN GENERAL.— SECTION 1. SHORT TITLE. security for the facility, based on a review ‘‘(A) REVIEW.—Except as provided in para- This Act may be cited as the ‘‘Protecting of— graph (4), the Secretary shall review and ap- and Securing Chemical Facilities from Ter- ‘‘(A) the facility’s site security plan; prove or disapprove each site security plan rorist Attacks Act of 2014’’. ‘‘(B) the facility’s Top-Screen; submitted pursuant to subsection (a). ‘‘(C) the facility’s security vulnerability ‘‘(B) BASES FOR DISAPPROVAL.—The Sec- SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM. assessment; or retary— ‘‘(D) any other information that— ‘‘(i) may not disapprove a site security (a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended ‘‘(i) the facility submits to the Depart- plan based on the presence or absence of a by adding at the end the following: ment; or particular security measure; and ‘‘(ii) the Department obtains from a public ‘‘(ii) shall disapprove a site security plan if ‘‘TITLE XXI—CHEMICAL FACILITY ANTI– source or other source; the plan fails to satisfy the risk-based per- TERRORISM STANDARDS ‘‘(8) the term ‘guidance for expedited ap- formance standards established pursuant to ‘‘SEC. 2101. DEFINITIONS. proval facilities’ means the guidance issued subsection (a)(2)(C). ‘‘In this title— under section 2102(c)(4)(B)(i); ‘‘(2) ALTERNATIVE SECURITY PROGRAMS.— ‘‘(1) the term ‘CFATS regulation’ means— ‘‘(9) the term ‘risk assessment’ means the ‘‘(A) AUTHORITY TO APPROVE.— ‘‘(A) an existing CFATS regulation; and Secretary’s application of relevant risk cri- ‘‘(i) IN GENERAL.—The Secretary may ap- ‘‘(B) any regulation or amendment to an teria identified in section 2102(e)(2)(B); prove an alternative security program estab- existing CFATS regulation issued pursuant ‘‘(10) the term ‘terrorist screening data- lished by a private sector entity or a Fed- to the authority under section 2107; base’ means the terrorist screening database eral, State, or local authority or under other ‘‘(2) the term ‘chemical facility of interest’ maintained by the Federal Government Ter- applicable laws, if the Secretary determines means a facility that— rorist Screening Center or its successor; that the requirements of the program meet ‘‘(A) holds, or that the Secretary has a rea- ‘‘(11) the term ‘tier’ has the meaning given the requirements under this section. sonable basis to believe holds, a chemical of the term in section 27.105 of title 6, Code of ‘‘(ii) ADDITIONAL SECURITY MEASURES.—If interest, as designated under Appendix A to Federal Regulations, or any successor there- the requirements of an alternative security part 27 of title 6, Code of Federal Regula- to; program do not meet the requirements under

VerDate Mar 15 2010 06:21 Aug 29, 2015 Jkt 049060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD14\DEC 2014\S10DE4.REC S10DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6560 CONGRESSIONAL RECORD — SENATE December 10, 2014 this section, the Secretary may recommend except where indicated in the site security force compliance in accordance with section additional security measures to the program plan; 2104. that will enable the Secretary to approve the ‘‘(II) any deviations from the guidance for ‘‘(F) AMENDMENTS TO SITE SECURITY PLAN.— program. expedited approval facilities in the site secu- ‘‘(i) REQUIREMENT.— ‘‘(B) SATISFACTION OF SITE SECURITY PLAN rity plan meet the risk-based performance ‘‘(I) IN GENERAL.—If the owner or operator REQUIREMENT.—A covered chemical facility standards for the tier to which the facility is of an expedited approval facility amends a may satisfy the site security plan require- assigned; and site security plan submitted under subpara- ment under subsection (a) by adopting an al- ‘‘(III) the owner or operator has provided graph (A), the owner or operator shall sub- ternative security program that the Sec- an explanation of how the site security plan mit the amended site security plan and a retary has— meets the risk-based performance standards certification relating to the amended site se- ‘‘(i) reviewed and approved under subpara- for any material deviation; curity plan that contains the information graph (A); and ‘‘(iv) the owner or operator has visited, ex- described in subparagraph (C). ‘‘(ii) determined to be appropriate for the amined, documented, and verified that the ‘‘(II) TECHNICAL AMENDMENTS.—For pur- operations and security concerns of the cov- expedited approval facility meets the cri- poses of this clause, an amendment to a site ered chemical facility. teria set forth in the site security plan; security plan includes any technical amend- ‘‘(3) SITE SECURITY PLAN ASSESSMENTS.— ‘‘(v) the expedited approval facility has im- ment to the site security plan. ‘‘(A) RISK ASSESSMENT POLICIES AND PROCE- plemented all of the required performance ‘‘(ii) AMENDMENT REQUIRED.—The owner or DURES.—In approving or disapproving a site measures outlined in the site security plan operator of an expedited approval facility security plan under this subsection, the Sec- or set out planned measures that will be im- shall amend the site security plan if— retary shall employ the risk assessment poli- plemented within a reasonable time period ‘‘(I) there is a change in the design, con- cies and procedures developed under this stated in the site security plan; struction, operation, or maintenance of the title. ‘‘(vi) each individual responsible for imple- expedited approval facility that affects the ‘‘(B) PREVIOUSLY APPROVED PLANS.—In the menting the site security plan has been site security plan; case of a covered chemical facility for which made aware of the requirements relevant to ‘‘(II) the Secretary requires additional se- the Secretary approved a site security plan the individual’s responsibility contained in curity measures or suspends a certification before the date of enactment of the Pro- the site security plan and has demonstrated tecting and Securing Chemical Facilities competency to carry out those requirements; and recommends additional security meas- from Terrorist Attacks Act of 2014, the Sec- ‘‘(vii) the owner or operator has com- ures under subparagraph (G); or retary may not require the facility to resub- mitted, or, in the case of planned measures ‘‘(III) the owner or operator receives notice mit the site security plan solely by reason of will commit, the necessary resources to fully from the Secretary of a change in tiering the enactment of this title. implement the site security plan; and under subsection (e)(3). EADLINE ‘‘(4) EXPEDITED APPROVAL PROGRAM.— ‘‘(viii) the planned measures include an ‘‘(iii) D .—An amended site security ‘‘(A) IN GENERAL.—A covered chemical fa- adequate procedure for addressing events be- plan and certification shall be submitted cility assigned to tier 3 or 4 may meet the re- yond the control of the owner or operator in under clause (i)— quirement to develop and submit a site secu- implementing any planned measures. ‘‘(I) in the case of a change in design, con- rity plan under subsection (a)(2)(D) by devel- ‘‘(D) DEADLINE.— struction, operation, or maintenance of the oping and submitting to the Secretary— ‘‘(i) IN GENERAL.—Not later than 120 days expedited approval facility that affects the ‘‘(i) a site security plan and the certifi- after the date described in clause (ii), the security plan, not later than 120 days after cation described in subparagraph (C); or owner or operator of an expedited approval the date on which the change in design, con- ‘‘(ii) a site security plan in conformance facility shall submit to the Secretary the struction, operation, or maintenance oc- with a template authorized under subpara- site security plan and the certification de- curred; graph (H). scribed in subparagraph (C). ‘‘(II) in the case of the Secretary requiring ‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL ‘‘(ii) DATE.—The date described in this additional security measures or suspending a FACILITIES.— clause is— certification and recommending additional ‘‘(i) IN GENERAL.—Not later than 180 days ‘‘(I) for an expedited approval facility that security measures under subparagraph (G), after the date of enactment of the Protecting was assigned to tier 3 or 4 under existing not later than 120 days after the date on and Securing Chemical Facilities from Ter- CFATS regulations before the date of enact- which the owner or operator receives notice rorist Attacks Act of 2014, the Secretary ment of the Protecting and Securing Chem- of the requirement for additional security shall issue guidance for expedited approval ical Facilities from Terrorist Attacks Act of measures or suspension of the certification facilities that identifies specific security 2014, the date that is 210 days after the date and recommendation of additional security measures that are sufficient to meet the of enactment of that Act; and measures; and risk-based performance standards. ‘‘(II) for any expedited approval facility ‘‘(III) in the case of a change in tiering, not ‘‘(ii) MATERIAL DEVIATION FROM GUID- not described in subclause (I), the later of— later than 120 days after the date on which ANCE.—If a security measure in the site secu- ‘‘(aa) the date on which the expedited ap- the owner or operator receives notice under rity plan of an expedited approval facility proval facility is assigned to tier 3 or 4 under subsection (e)(3). materially deviates from a security measure subsection (e)(2)(A); or ‘‘(G) FACIALLY DEFICIENT SITE SECURITY in the guidance for expedited approval facili- ‘‘(bb) the date that is 210 days after the PLANS.— ties, the site security plan shall include an date of enactment of the Protecting and Se- ‘‘(i) PROHIBITION.—Notwithstanding sub- explanation of how such security measure curing Chemical Facilities from Terrorist paragraph (A) or (E), the Secretary may sus- meets the risk-based performance standards. Attacks Act of 2014. pend the authority of a covered chemical fa- ‘‘(iii) APPLICABILITY OF OTHER LAWS TO DE- ‘‘(iii) NOTICE.—An owner or operator of an cility to certify a site security plan if the VELOPMENT AND ISSUANCE OF INITIAL GUID- expedited approval facility shall notify the Secretary— ANCE.—During the period before the Sec- Secretary of the intent of the owner or oper- ‘‘(I) determines the certified site security retary has met the deadline under clause (i), ator to certify the site security plan for the plan or an amended site security plan is in developing and issuing, or amending, the expedited approval facility not later than 30 facially deficient; and guidance for expedited approval facilities days before the date on which the owner or ‘‘(II) not later than 100 days after the date under this subparagraph and in collecting in- operator submits the site security plan and on which the Secretary receives the site se- formation from expedited approval facilities, certification described in subparagraph (C). curity plan and certification, provides the the Secretary shall not be subject to— ‘‘(E) COMPLIANCE.— covered chemical facility with written noti- ‘‘(I) section 553 of title 5, United States ‘‘(i) IN GENERAL.—For an expedited ap- fication that the site security plan is facially Code; proval facility submitting a site security deficient, including a clear explanation of ‘‘(II) subchapter I of chapter 35 of title 44, plan and certification in accordance with each deficiency in the site security plan. United States Code; or subparagraphs (A), (B), (C), and (D)— ‘‘(ii) ADDITIONAL SECURITY MEASURES.— ‘‘(III) section 2107(b) of this title. ‘‘(I) the expedited approval facility shall ‘‘(I) IN GENERAL.—If, during or after a com- ‘‘(C) CERTIFICATION.—The owner or oper- comply with all of the requirements of its pliance inspection of an expedited approval ator of an expedited approval facility shall site security plan; and facility, the Secretary determines that submit to the Secretary a certification, ‘‘(II) the Secretary— planned or implemented security measures signed under penalty of perjury, that— ‘‘(aa) except as provided in subparagraph in the site security plan of the facility are ‘‘(i) the owner or operator is familiar with (G), may not disapprove the site security insufficient to meet the risk-based perform- the requirements of this title and part 27 of plan; and ance standards based on misrepresentation, title 6, Code of Federal Regulations, or any ‘‘(bb) may audit and inspect the expedited omission, or an inadequate description of the successor thereto, and the site security plan approval facility under subsection (d) to site, the Secretary may— being submitted; verify compliance with its site security plan. ‘‘(aa) require additional security measures; ‘‘(ii) the site security plan includes the se- ‘‘(ii) NONCOMPLIANCE.—If the Secretary de- or curity measures required by subsection (b); termines an expedited approval facility is ‘‘(bb) suspend the certification of the facil- ‘‘(iii)(I) the security measures in the site not in compliance with the requirements of ity. security plan do not materially deviate from the site security plan or is otherwise in vio- ‘‘(II) RECOMMENDATION OF ADDITIONAL SECU- the guidance for expedited approval facilities lation of this title, the Secretary may en- RITY MEASURES.—If the Secretary suspends

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.027 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6561 the certification of an expedited approval fa- ‘‘(II) subchapter I of chapter 35 of title 44, mental entity shall be assigned in coordina- cility under subclause (I), the Secretary United States Code; or tion with a regional supervisor with respon- shall— ‘‘(III) section 2107(b) of this title. sibility for supervising inspectors within the ‘‘(aa) recommend specific additional secu- ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in Infrastructure Security Compliance Division rity measures that, if made part of the site this subparagraph shall be construed to pre- of the Department for the region in which security plan by the facility, would enable vent a covered chemical facility from devel- the audit or inspection is to be conducted. the Secretary to approve the site security oping and certifying its own security plan in ‘‘(ii) REQUIREMENT TO REPORT.—While an plan; and accordance with subparagraph (A). individual employed by a nondepartmental ‘‘(bb) provide the facility an opportunity to ‘‘(I) EVALUATION.— or nongovernmental entity is in the field submit a new or modified site security plan ‘‘(i) IN GENERAL.—Not later than 18 months conducting an audit or inspection under this and certification under subparagraph (A). after the date of enactment of the Protecting subsection, the individual shall report to the ‘‘(III) SUBMISSION; REVIEW.—If an expedited and Securing Chemical Facilities from Ter- regional supervisor with responsibility for approval facility determines to submit a new rorist Attacks Act of 2014, the Secretary supervising inspectors within the Infrastruc- or modified site security plan and certifi- shall take any appropriate action necessary ture Security Compliance Division of the De- cation as authorized under subclause for a full evaluation of the expedited ap- partment for the region in which the indi- (II)(bb)— proval program authorized under this para- vidual is operating. ‘‘(aa) not later than 90 days after the date graph, including conducting an appropriate ‘‘(iii) APPROVAL.—The authority to ap- on which the facility receives recommenda- number of inspections, as authorized under prove a site security plan under subsection subsection (d), of expedited approval facili- (c) or determine if a covered chemical facil- tions under subclause (II)(aa), the facility ties. ity is in compliance with an approved site se- shall submit the new or modified plan and ‘‘(ii) REPORT.—Not later than 18 months curity plan shall be exercised solely by the certification; and after the date of enactment of the Protecting Secretary or a designee of the Secretary ‘‘(bb) not later than 45 days after the date and Securing Chemical Facilities from Ter- within the Department. on which the Secretary receives the new or rorist Attacks Act of 2014, the Secretary ‘‘(E) STANDARDS FOR AUDITORS AND INSPEC- modified plan under item (aa), the Secretary shall submit to the Committee on Homeland TORS.—The Secretary shall prescribe stand- shall review the plan and determine whether Security and Governmental Affairs of the ards for the training and retraining of each the plan is facially deficient. Senate and the Committee on Homeland Se- individual used by the Department as an ‘‘(IV) DETERMINATION NOT TO INCLUDE ADDI- curity and the Committee on Energy and auditor or inspector, including each indi- TIONAL SECURITY MEASURES.— Commerce of the House of Representatives a vidual employed by the Department and all ‘‘(aa) REVOCATION OF CERTIFICATION.—If an report that contains— nondepartmental or nongovernmental per- expedited approval facility does not agree to ‘‘(I)(aa) the number of eligible facilities sonnel, including— include in its site security plan specific addi- using the expedited approval program au- ‘‘(i) minimum training requirements for tional security measures recommended by thorized under this paragraph; and new auditors and inspectors; the Secretary under subclause (II)(aa), or ‘‘(bb) the number of facilities that are eli- ‘‘(ii) retraining requirements; does not submit a new or modified site secu- gible for the expedited approval program but ‘‘(iii) minimum education and experience rity plan in accordance with subclause (III), are using the standard process for developing levels; the Secretary may revoke the certification and submitting a site security plan under ‘‘(iv) the submission of information as re- of the facility by issuing an order under sec- subsection (a)(2)(D); quired by the Secretary to enable determina- tion 2104(a)(1)(B). ‘‘(II) any costs and efficiencies associated tion of whether the auditor or inspector has ‘‘(bb) EFFECT OF REVOCATION.—If the Sec- with the expedited approval program; a conflict of interest; retary revokes the certification of an expe- ‘‘(III) the impact of the expedited approval ‘‘(v) the proper certification or certifi- dited approval facility under item (aa) by program on the backlog for site security cations necessary to handle chemical-ter- issuing an order under section 2104(a)(1)(B)— plan approval and authorization inspections; rorism vulnerability information (as defined ‘‘(AA) the order shall require the owner or ‘‘(IV) an assessment of the ability of expe- in section 27.105 of title 6, Code of Federal operator of the facility to submit a site secu- dited approval facilities to submit facially Regulations, or any successor thereto); rity plan or alternative security program for sufficient site security plans; ‘‘(vi) the reporting of any issue of non-com- review by the Secretary review under sub- ‘‘(V) an assessment of any impact of the pliance with this section to the Secretary section (c)(1); and expedited approval program on the security within 24 hours; and ‘‘(BB) the facility shall no longer be eligi- of chemical facilities; and ‘‘(vii) any additional qualifications for fit- ble to certify a site security plan under this ‘‘(VI) a recommendation by the Secretary ness of duty as the Secretary may require. paragraph. on the frequency of compliance inspections ‘‘(F) CONDITIONS FOR NONGOVERNMENTAL ‘‘(V) FACIAL DEFICIENCY.—If the Secretary that may be required for expedited approval AUDITORS AND INSPECTORS.—If the Secretary determines that a new or modified site secu- facilities. arranges for an audit or inspection under rity plan submitted by an expedited approval ‘‘(d) COMPLIANCE.— subparagraph (B) to be carried out by a non- facility under subclause (III) is facially defi- ‘‘(1) AUDITS AND INSPECTIONS.— governmental entity, the Secretary shall— cient— ‘‘(A) DEFINITIONS.—In this paragraph— ‘‘(i) prescribe standards for the qualifica- ‘‘(aa) not later than 120 days after the date ‘‘(i) the term ‘nondepartmental’— tion of the individuals who carry out such of the determination, the owner or operator ‘‘(I) with respect to personnel, means per- audits and inspections that are commensu- of the facility shall submit a site security sonnel that is not employed by the Depart- rate with the standards for similar Govern- plan or alternative security program for re- ment; and ment auditors or inspectors; and view by the Secretary under subsection ‘‘(II) with respect to an entity, means an ‘‘(ii) ensure that any duties carried out by (c)(1); and entity that is not a component or other au- a nongovernmental entity are not inherently ‘‘(bb) the facility shall no longer be eligible thority of the Department; and governmental functions. to certify a site security plan under this ‘‘(ii) the term ‘nongovernmental’— ‘‘(2) PERSONNEL SURETY.— paragraph. ‘‘(I) with respect to personnel, means per- ‘‘(A) PERSONNEL SURETY PROGRAM.—For ‘‘(H) TEMPLATES.— sonnel that is not employed by the Federal purposes of this title, the Secretary shall es- ‘‘(i) IN GENERAL.—The Secretary may de- Government; and tablish and carry out a Personnel Surety velop prescriptive site security plan tem- ‘‘(II) with respect to an entity, means an Program that— plates with specific security measures to entity that is not an agency, department, or ‘‘(i) does not require an owner or operator meet the risk-based performance standards other authority of the Federal Government. of a covered chemical facility that volun- under subsection (a)(2)(C) for adoption and ‘‘(B) AUTHORITY TO CONDUCT AUDITS AND IN- tarily participates in the program to submit certification by a covered chemical facility SPECTIONS.—The Secretary shall conduct au- information about an individual more than 1 assigned to tier 3 or 4 in lieu of developing dits or inspections under this title using— time; and certifying its own plan. ‘‘(i) employees of the Department; ‘‘(ii) provides a participating owner or op- ‘‘(ii) APPLICABILITY OF OTHER LAWS TO DE- ‘‘(ii) nondepartmental or nongovernmental erator of a covered chemical facility with VELOPMENT AND ISSUANCE OF INITIAL SITE SE- personnel approved by the Secretary; or relevant information about an individual CURITY PLAN TEMPLATES AND RELATED GUID- ‘‘(iii) a combination of individuals de- based on vetting the individual against the ANCE.—During the period before the Sec- scribed in clauses (i) and (ii). terrorist screening database, to the extent retary has met the deadline under subpara- ‘‘(C) SUPPORT PERSONNEL.—The Secretary that such feedback is necessary for the facil- graph (B)(i), in developing and issuing, or may use nongovernmental personnel to pro- ity to be in compliance with regulations pro- amending, the site security plan templates vide administrative and logistical services in mulgated under this title; and under this subparagraph, in issuing guidance support of audits and inspections under this ‘‘(iii) provides redress to an individual— for implementation of the templates, and in title. ‘‘(I) whose information was vetted against collecting information from expedited ap- ‘‘(D) REPORTING STRUCTURE.— the terrorist screening database under the proval facilities, the Secretary shall not be ‘‘(i) NONDEPARTMENTAL AND NONGOVERN- program; and subject to— MENTAL AUDITS AND INSPECTIONS.—Any audit ‘‘(II) who believes that the personally iden- ‘‘(I) section 553 of title 5, United States or inspection conducted by an individual em- tifiable information submitted to the De- Code; ployed by a nondepartmental or nongovern- partment for such vetting by a covered

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chemical facility, or its designated rep- ‘‘(A) MAINTENANCE OF RECORDS.—The Sec- centers (as that term is defined in section resentative, was inaccurate. retary shall document the basis for each in- 210A(j)(1)) and State and local government ‘‘(B) PERSONNEL SURETY PROGRAM IMPLE- stance in which— officials, as the Secretary determines appro- MENTATION.—To the extent that a risk-based ‘‘(i) tiering for a covered chemical facility priate, such information as is necessary to performance standard established under sub- is changed; or help ensure that first responders are prop- section (a) requires identifying individuals ‘‘(ii) a covered chemical facility is deter- erly prepared and provided with the situa- with ties to terrorism— mined to no longer be subject to the require- tional awareness needed to respond to secu- ‘‘(i) a covered chemical facility— ments under this title. rity incidents at covered chemical facilities. ‘‘(I) may satisfy its obligation under the ‘‘(B) REQUIRED INFORMATION.—The records ‘‘(2) DISSEMINATION.—The Secretary shall standard by using any Federal screening pro- maintained under subparagraph (A) shall in- disseminate information under paragraph (1) gram that periodically vets individuals clude information on whether and how the through a medium or system determined by against the terrorist screening database, or Secretary confirmed the information that the Secretary to be appropriate to ensure the any successor program, including the Per- was the basis for the change or determina- secure and expeditious dissemination of such sonnel Surety Program established under tion described in subparagraph (A). information to necessary selected individ- subparagraph (A); and ‘‘(4) SEMIANNUAL PERFORMANCE REPORT- uals. ‘‘(II) shall— ING.—Not later than 6 months after the date ‘‘(d) ENFORCEMENT PROCEEDINGS.—In any ‘‘(aa) accept a credential from a Federal of enactment of the Protecting and Securing proceeding to enforce this section, vulner- screening program described in subclause (I) Chemical Facilities from Terrorist Attacks ability assessments, site security plans, and if an individual who is required to be Act of 2014, and not less frequently than once other information submitted to or obtained screened presents such a credential; and every 6 months thereafter, the Secretary by the Secretary under this title, and related vulnerability or security information, shall ‘‘(bb) address in its site security plan or al- shall submit to the Committee on Homeland be treated as if the information were classi- ternative security program the measures it Security and Governmental Affairs of the fied information. will take to verify that a credential or docu- Senate and the Committee on Homeland Se- curity and the Committee on Energy and ‘‘(e) AVAILABILITY OF INFORMATION.—Not- mentation from a Federal screening program withstanding any other provision of law (in- described in subclause (I) is current; Commerce of the House of Representatives a report that includes, for the period covered cluding section 552(b)(3) of title 5, United ‘‘(ii) visual inspection shall be sufficient to States Code), section 552 of title 5, United meet the requirement under clause by the report— ‘‘(A) the number of covered chemical facili- States Code (commonly known as the ‘Free- (i)(II)(bb), but the facility should consider dom of Information Act’) shall not apply to other means of verification, consistent with ties in the United States; ‘‘(B) information— information protected from public disclosure the facility’s assessment of the threat posed pursuant to subsection (a) of this section. ‘‘(i) describing— by acceptance of such credentials; and ‘‘(f) SHARING OF INFORMATION WITH MEM- ‘‘(I) the number of instances in which the ‘‘(iii) the Secretary may not require a cov- BERS OF CONGRESS.—Nothing in this section ered chemical facility to submit any infor- Secretary— shall prohibit the Secretary from disclosing mation about an individual unless the indi- ‘‘(aa) placed a covered chemical facility in information developed under this title to a vidual— a lower risk tier; or Member of Congress in response to a request ‘‘(I) is to be vetted under the Personnel ‘‘(bb) determined that a facility that had by a Member of Congress. previously met the criteria for a covered Surety Program; or ‘‘SEC. 2104. CIVIL ENFORCEMENT. chemical facility under section 2101(3) no ‘‘(II) has been identified as presenting a ‘‘(a) NOTICE OF NONCOMPLIANCE.— longer met the criteria; and terrorism security risk. ‘‘(1) NOTICE.—If the Secretary determines ‘‘(II) the basis, in summary form, for each ‘‘(C) RIGHTS UNAFFECTED.—Nothing in this that a covered chemical facility is not in action or determination under subclause (I); section shall supersede the ability— compliance with this title, the Secretary and ‘‘(i) of a facility to maintain its own poli- shall— ‘‘(ii) that is provided in a sufficiently cies regarding the access of individuals to re- ‘‘(A) provide the owner or operator of the anonymized form to ensure that the informa- stricted areas or critical assets; or facility with— tion does not identify any specific facility or ‘‘(ii) of an employing facility and a bar- ‘‘(i) not later than 14 days after date on company as the source of the information gaining agent, where applicable, to negotiate which the Secretary makes the determina- when viewed alone or in combination with tion, a written notification of noncompli- as to how the results of a background check other public information; ance that includes a clear explanation of any may be used by the facility with respect to ‘‘(C) the average number of days spent re- deficiency in the security vulnerability as- employment status. viewing site security or an alternative secu- sessment or site security plan; and ‘‘(3) AVAILABILITY OF INFORMATION.—The rity program for a covered chemical facility ‘‘(ii) an opportunity for consultation with Secretary shall share with the owner or op- prior to approval; the Secretary or the Secretary’s designee; erator of a covered chemical facility any in- ‘‘(D) the number of covered chemical facili- and formation that the owner or operator needs ties inspected; ‘‘(B) issue to the owner or operator of the to comply with this section. ‘‘(E) the average number of covered chem- facility an order to comply with this title by ical facilities inspected per inspector; and ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— a date specified by the Secretary in the ‘‘(F) any other information that the Sec- ‘‘(1) IDENTIFICATION OF CHEMICAL FACILITIES order, which date shall be not later than 180 retary determines will be helpful to Congress OF INTEREST.—In carrying out this title, the days after the date on which the Secretary in evaluating the performance of the Chem- Secretary shall consult with the heads of issues the order. ical Facility Anti-Terrorism Standards Pro- other Federal agencies, States and political ‘‘(2) CONTINUED NONCOMPLIANCE.—If an gram. subdivisions thereof, relevant business asso- owner or operator remains noncompliant ciations, and public and private labor organi- ‘‘SEC. 2103. PROTECTION AND SHARING OF IN- after the procedures outlined in paragraph FORMATION. zations to identify all chemical facilities of (1) have been executed, or demonstrates re- ‘‘(a) IN GENERAL.—Notwithstanding any interest. peated violations of this title, the Secretary ‘‘(2) RISK ASSESSMENT.— other provision of law, information devel- oped under this title, including vulnerability may enter an order in accordance with this ‘‘(A) IN GENERAL.—For purposes of this section assessing a civil penalty, an order to title, the Secretary shall develop a security assessments, site security plans, and other security related information, records, and cease operations, or both. risk assessment approach and corresponding ‘‘(b) CIVIL PENALTIES.— tiering methodology for covered chemical fa- documents shall be given protections from public disclosure consistent with the protec- ‘‘(1) VIOLATIONS OF ORDERS.—Any person cilities that incorporates the relevant ele- tion of similar information under section who violates an order issued under this title ments of risk, including threat, vulner- 70103(d) of title 46, United States Code. shall be liable for a civil penalty under sec- ability, and consequence. ‘‘(b) SHARING OF INFORMATION WITH STATES tion 70119(a) of title 46, United States Code. ‘‘(B) CRITERIA FOR DETERMINING SECURITY AND LOCAL GOVERNMENTS.—Nothing in this ‘‘(2) NON-REPORTING CHEMICAL FACILITIES OF RISK.—The criteria for determining the secu- section shall be construed to prohibit the INTEREST.—Any owner of a chemical facility rity risk of terrorism associated with a cov- sharing of information developed under this of interest who fails to comply with, or ered chemical facility shall take into ac- title, as the Secretary determines appro- knowingly submits false information under, count— priate, with State and local government offi- this title or the CFATS regulations shall be ‘‘(i) relevant threat information; cials possessing a need to know and the nec- liable for a civil penalty under section ‘‘(ii) potential severe economic con- essary security clearances, including law en- 70119(a) of title 46, United States Code. sequences and the potential loss of human forcement officials and first responders, for ‘‘(c) EMERGENCY ORDERS.— life in the event of the facility being subject the purpose of carrying out this title, pro- ‘‘(1) IN GENERAL.—Notwithstanding sub- to attack, compromise, infiltration, or ex- vided that such information may not be dis- section (a) or any site security plan or alter- ploitation by terrorists; and closed pursuant to any State or local law. native security program approved under this ‘‘(iii) vulnerability of the facility to at- ‘‘(c) SHARING OF INFORMATION WITH FIRST title, if the Secretary determines that there tack, compromise, infiltration, or exploi- RESPONDERS.— is an imminent threat of death, serious ill- tation by terrorists. ‘‘(1) REQUIREMENT.—The Secretary shall ness, or severe personal injury, due to a vio- ‘‘(3) CHANGES IN TIERING.— provide to State, local, and regional fusion lation of this title or the risk of a terrorist

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incident that may affect a chemical facility the individual making the report, the Sec- ‘‘(c) PUBLICATION OF RIGHTS.—The Sec- of interest, the Secretary— retary shall promptly respond to the indi- retary, in partnership with industry associa- ‘‘(A) shall consult with the facility, if prac- vidual directly and shall promptly acknowl- tions and labor organizations, shall make ticable, on steps to mitigate the risk; and edge receipt of the report. publicly available both physically and online ‘‘(B) may order the facility, without notice ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The the rights that an individual who discloses or opportunity for a hearing, effective imme- Secretary— information, including security-sensitive in- diately or as soon as practicable, to— ‘‘(A) shall review and consider the informa- formation, regarding problems, deficiencies, ‘‘(i) implement appropriate emergency se- tion provided in any report submitted under or vulnerabilities at a covered chemical fa- curity measures; or paragraph (1); and cility would have under Federal whistle- ‘‘(ii) cease or reduce some or all oper- ‘‘(B) may take action under section 2104 of blower protection laws or this title. ations, in accordance with safe shutdown this title if necessary to address any sub- ‘‘(d) PROTECTED INFORMATION.—All infor- procedures, if the Secretary determines that stantiated violation of a requirement under mation contained in a report made under such a cessation or reduction of operations is this title identified in the report. this subsection (a) shall be protected in ac- the most appropriate means to address the ‘‘(5) DUE PROCESS FOR FACILITY OWNER OR cordance with section 2103. risk. OPERATOR.— ‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS. ‘‘(2) LIMITATION ON DELEGATION.—The Sec- ‘‘(A) IN GENERAL.—If, upon the review de- ‘‘(a) OTHER FEDERAL LAWS.—Nothing in retary may not delegate the authority under scribed in paragraph (4), the Secretary deter- this title shall be construed to supersede, paragraph (1) to any official other than the mines that a violation of a provision of this amend, alter, or affect any Federal law Under Secretary responsible for overseeing title, or a regulation prescribed under this that— critical infrastructure protection, cybersecu- title, has occurred, the Secretary may— ‘‘(1) regulates (including by requiring in- rity, and other related programs of the De- ‘‘(i) institute a civil enforcement under formation to be submitted or made avail- partment appointed under section section 2104(a) of this title; or able) the manufacture, distribution in com- 103(a)(1)(H). ‘‘(ii) if the Secretary makes the determina- merce, use, handling, sale, other treatment, ‘‘(3) LIMITATION ON AUTHORITY.—The Sec- tion under section 2104(c), issue an emer- or disposal of chemical substances or mix- retary may exercise the authority under this gency order. tures; or subsection only to the extent necessary to ‘‘(B) WRITTEN ORDERS.—The action of the ‘‘(2) authorizes or requires the disclosure of abate the imminent threat determination Secretary under paragraph (4) shall be in a any record or information obtained from a under paragraph (1). written form that— chemical facility under any law other than ‘‘(4) DUE PROCESS FOR FACILITY OWNER OR ‘‘(i) describes the violation; this title. OPERATOR.— ‘‘(ii) states the authority under which the ‘‘(b) STATES AND POLITICAL SUBDIVISIONS.— Secretary is proceeding; and ‘‘(A) WRITTEN ORDERS.—An order issued by This title shall not preclude or deny any the Secretary under paragraph (1) shall be in ‘‘(iii) describes the standards and proce- right of any State or political subdivision the form of a written emergency order that— dures for obtaining relief from the order. thereof to adopt or enforce any regulation, ‘‘(i) describes the violation or risk that ‘‘(C) OPPORTUNITY FOR REVIEW.—After tak- requirement, or standard of performance creates the imminent threat; ing action under paragraph (4), the Secretary with respect to chemical facility security shall provide for review of the action if a pe- ‘‘(ii) states the security measures or order that is more stringent than a regulation, re- tition for review is filed within 20 calendar issued or imposed; and quirement, or standard of performance days of the date of issuance of the order for ‘‘(iii) describes the standards and proce- issued under this section, or otherwise im- the action. dures for obtaining relief from the order. pair any right or jurisdiction of any State ‘‘(D) EXPIRATION OF EFFECTIVENESS OF with respect to chemical facilities within ‘‘(B) OPPORTUNITY FOR REVIEW.—After ORDER.—If a petition for review of an action issuing an order under paragraph (1) with re- that State, unless there is an actual conflict is filed under subparagraph (C) and the re- spect to a chemical facility of interest, the between this section and the law of that view under that subparagraph is not com- Secretary shall provide for review of the State. pleted by the end of the 30-day period begin- order under section 554 of title 5 if a petition ‘‘SEC. 2107. CFATS REGULATIONS. ning on the date the petition is filed, the ac- for review is filed not later than 20 days after ‘‘(a) GENERAL AUTHORITY.—The Secretary tion shall cease to be effective at the end of may, in accordance with chapter 5 of title 5, the date on which the Secretary issues the such period unless the Secretary determines, order. United States Code, promulgate regulations in writing, that the violation providing a or amend existing CFATS regulations to im- ‘‘(C) EXPIRATION OF EFFECTIVENESS OF basis for the action continues to exist. plement the provisions under this title. ORDER.—If a petition for review of an order is ‘‘(6) RETALIATION PROHIBITED.— ‘‘(b) EXISTING CFATS REGULATIONS.— filed under subparagraph (B) and the review ‘‘(A) IN GENERAL.—An owner or operator of ‘‘(1) IN GENERAL.—Notwithstanding section under that paragraph is not completed by a chemical facility of interest or agent 4(b) of the Protecting and Securing Chemical the last day of the 30-day period beginning thereof may not discharge an employee or Facilities from Terrorist Attacks Act of 2014, on the date on which the petition is filed, the otherwise discriminate against an employee each existing CFATS regulation shall re- order shall vacate automatically at the end with respect to the compensation provided main in effect unless the Secretary amends, of that period unless the Secretary deter- to, or terms, conditions, or privileges of the consolidates, or repeals the regulation. mines, in writing, that the imminent threat employment of, the employee because the ‘‘(2) REPEAL.—Not later than 30 days after providing a basis for the order continues to employee (or an individual acting pursuant the date of enactment of the Protecting and exist. to a request of the employee) submitted a re- Securing Chemical Facilities from Terrorist ‘‘(d) RIGHT OF ACTION.—Nothing in this port under paragraph (1). Attacks Act of 2014, the Secretary shall re- title confers upon any person except the Sec- ‘‘(B) EXCEPTION.—An employee shall not be peal any existing CFATS regulation that the retary or his or her designee a right of action entitled to the protections under this section Secretary determines is duplicative of, or against an owner or operator of a covered if the employee— conflicts with, this title. chemical facility to enforce any provision of ‘‘(i) knowingly and willfully makes any ‘‘(c) AUTHORITY.—The Secretary shall ex- this title. false, fictitious, or fraudulent statement or clusively rely upon authority provided under ‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. representation; or this title in— ‘‘(a) PROCEDURE FOR REPORTING PROB- ‘‘(ii) uses any false writing or document ‘‘(1) determining compliance with this LEMS.— knowing the writing or document contains title; ‘‘(1) ESTABLISHMENT OF A REPORTING PROCE- any false, fictitious, or fraudulent statement ‘‘(2) identifying chemicals of interest; and DURE.—Not later than 180 days after the date or entry. ‘‘(3) determining security risk associated of enactment of the Protecting and Securing ‘‘(b) PROTECTED DISCLOSURES.—Nothing in with a chemical facility. Chemical Facilities from Terrorist Attacks this title shall be construed to limit the ‘‘SEC. 2108. SMALL COVERED CHEMICAL FACILI- Act of 2014, the Secretary shall establish, right of an individual to make any disclo- TIES. and provide information to the public re- sure— ‘‘(a) DEFINITION.—In this section, the term garding, a procedure under which any em- ‘‘(1) protected or authorized under section ‘small covered chemical facility’ means a ployee or contractor of a chemical facility of 2302(b)(8) or 7211 of title 5, United States covered chemical facility that— interest may submit a report to the Sec- Code; ‘‘(1) has fewer than 100 employees em- retary regarding a violation of a requirement ‘‘(2) protected under any other Federal or ployed at the covered chemical facility; and under this title. State law that shields the disclosing indi- ‘‘(2) is owned and operated by a small busi- ‘‘(2) CONFIDENTIALITY.—The Secretary shall vidual against retaliation or discrimination ness concern (as defined in section 3 of the keep confidential the identity of an indi- for having made the disclosure in the public Small Business Act (15 U.S.C. 632)). vidual who submits a report under paragraph interest; or ‘‘(b) ASSISTANCE TO FACILITIES.—The Sec- (1) and any such report shall be treated as a ‘‘(3) to the Special Counsel of an agency, retary may provide guidance and, as appro- record containing protected information to the inspector general of an agency, or any priate, tools, methodologies, or computer the extent that the report does not consist of other employee designated by the head of an software, to assist small covered chemical publicly available information. agency to receive disclosures similar to the facilities in developing the physical security, ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re- disclosures described in paragraphs (1) and cybersecurity, recordkeeping, and reporting port submitted under paragraph (1) identifies (2). procedures required under this title.

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‘‘(c) REPORT.—The Secretary shall submit (i) a description of the steps taken to propriations Act, 2007 (Public Law 109–295; to the Committee on Homeland Security and achieve that progress and the metrics used 120 Stat. 1388), is repealed as of the effective Governmental Affairs of the Senate and the to measure the progress; date of this Act. Committee on Homeland Security and the (ii) information on whether facilities that SEC. 5. TERMINATION. Committee on Energy and Commerce of the submitted Top-Screens as a result of the The authority provided under title XXI of House of Representatives a report on best identification of chemical facilities of inter- the Homeland Security Act of 2002, as added practices that may assist small covered est were tiered and in what tiers those facili- by section 2(a), shall terminate on the date chemical facilities in development of phys- ties were placed; and that is 4 years after the effective date of this ical security best practices. (iii) an action plan to better identify chem- Act. ‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES ical facilities of interest and bring those fa- OF INTEREST. cilities into compliance with title XXI of the SA 4001. Mrs. BOXER (for Mr. CAR- ‘‘Not later than 90 days after the date of Homeland Security Act of 2002, as added by PER) proposed an amendment to the enactment of the Protecting and Securing section 2; bill H.R. 2952, to require the Secretary Chemical Facilities from Terrorist Attacks (B) a certification by the Secretary that of Homeland Security to assess the cy- Act of 2014, the Secretary shall establish an the Secretary has developed a risk assess- bersecurity workforce of the Depart- outreach implementation plan, in coordina- ment approach and corresponding tiering ment of Homeland Security and de- tion with the heads of other appropriate Fed- methodology under section 2102(e)(2) of the velop a comprehensive workforce strat- eral and State agencies, relevant business as- Homeland Security Act of 2002, as added by egy, and for other purposes; as follows: sociations, and public and private labor orga- section 2; Strike all after the enacting clause and in- nizations, to— (C) an assessment by the Secretary of the sert the following: ‘‘(1) identify chemical facilities of interest; implementation by the Department of the and recommendations made by the Homeland Se- SECTION 1. SHORT TITLE. ‘‘(2) make available compliance assistance curity Studies and Analysis Institute as out- This Act may be cited as the ‘‘Cybersecu- rity Workforce Assessment Act’’. materials and information on education and lined in the Institute’s Tiering Methodology training.’’. Peer Review (Publication Number: RP12–22– SEC. 2. DEFINITIONS. (b) CLERICAL AMENDMENT.—The table of 02); and In this Act— contents in section 1(b) of the Homeland Se- (D) a description of best practices that (1) the term ‘‘Cybersecurity Category’’ curity Act of 2002 (Public Law 107–196; 116 may assist small covered chemical facilities, means a position’s or incumbent’s primary Stat. 2135) is amended by adding at the end as defined in section 2108(a) of the Homeland work function involving cybersecurity, the following: Security Act of 2002, as added by section 2, in which is further defined by Specialty Area; (2) the term ‘‘Department’’ means the De- ‘‘TITLE XXI—CHEMICAL FACILITY ANTI– the development of physical security best practices. partment of Homeland Security; TERRORISM STANDARDS (3) the term ‘‘Secretary’’ means the Sec- (2) ANNUAL GAO REPORT.— ‘‘Sec. 2101. Definitions. retary of Homeland Security; and (A) IN GENERAL.—During the 3-year period ‘‘Sec. 2102. Chemical Facility Anti-Ter- (4) the term ‘‘Specialty Area’’ means any beginning on the date of enactment of this rorism Standards Program. of the common types of cybersecurity work Act, the Comptroller General of the United ‘‘Sec. 2103. Protection and sharing of infor- as recognized by the National Initiative for States shall submit to Congress an annual mation. Cybersecurity Education’s National Cyberse- report that assesses the implementation of ‘‘Sec. 2104. Civil enforcement. curity Workforce Framework report. ‘‘Sec. 2105. Whistleblower protections. this Act and the amendments made by this Act. SEC. 3. CYBERSECURITY WORKFORCE ASSESS- ‘‘Sec. 2106. Relationship to other laws. MENT AND STRATEGY. (B) INITIAL REPORT.—Not later than 180 ‘‘Sec. 2107. CFATS regulations. (a) WORKFORCE ASSESSMENT.— days after the date of enactment of this Act, ‘‘Sec. 2108. Small covered chemical facili- (1) IN GENERAL.—Not later than 180 days ties. the Comptroller General shall submit to after the date of enactment of this Act, and ‘‘Sec. 2109. Outreach to chemical facilities of Congress the first report under subparagraph annually thereafter for 3 years, the Sec- interest.’’. (A). retary shall assess the cybersecurity work- SEC. 3. ASSESSMENT; REPORTS. (C) SECOND ANNUAL REPORT.—Not later force of the Department. (a) DEFINITIONS.—In this section— than 1 year after the date of the initial re- (2) CONTENTS.—The assessment required (1) the term ‘‘Chemical Facility Anti-Ter- port required under subparagraph (B), the under paragraph (1) shall include, at a min- rorism Standards Program’’ means— Comptroller General shall submit to Con- imum— (A) the Chemical Facility Anti-Terrorism gress the second report under subparagraph (A) an assessment of the readiness and ca- Standards program initially authorized (A), which shall include an assessment of the pacity of the workforce of the Department to under section 550 of the Department of whistleblower protections provided under meet its cybersecurity mission; Homeland Security Appropriations Act, 2007 section 2105 of the Homeland Security Act of (B) information on where cybersecurity (Public Law 109-295; 6 U.S.C. 121 note); and 2002, as added by section 2, and— workforce positions are located within the (B) the Chemical Facility Anti-Terrorism (i) describes the number and type of prob- Department; Standards Program subsequently authorized lems, deficiencies, and vulnerabilities with (C) information on which cybersecurity under section 2102(a) of the Homeland Secu- respect to which reports have been sub- workforce positions are— rity Act of 2002, as added by section 2; mitted under such section 2105; (i) performed by— (2) the term ‘‘Department’’ means the De- (ii) evaluates the efforts of the Secretary (I) permanent full-time equivalent employ- partment of Homeland Security; and in addressing the problems, deficiencies, and ees of the Department, including, to the (3) the term ‘‘Secretary’’ means the Sec- vulnerabilities described in subsection (a)(1) greatest extent practicable, demographic in- retary of Homeland Security. of such section 2105; and formation about such employees; (b) THIRD-PARTY ASSESSMENT.—Using (iii) evaluates the efforts of the Secretary (II) independent contractors; and amounts appropriated to the Department be- to inform individuals of their rights, as re- (III) individuals employed by other Federal fore the date of enactment of this Act, the quired under subsection (c) of such section agencies, including the National Security Secretary shall commission a third-party 2105. Agency; or study to assess vulnerabilities of covered (D) THIRD ANNUAL REPORT.—Not later than (ii) vacant; and chemical facilities, as defined in section 2101 1 year after the date on which the Comp- (D) information on— of the Homeland Security Act of 2002 (as troller General submits the second report re- (i) the percentage of individuals within added by section 2), to acts of terrorism. quired under subparagraph (A), the Comp- each Cybersecurity Category and Specialty (c) REPORTS.— troller General shall submit to Congress the Area who received essential training to per- (1) REPORT TO CONGRESS.—Not later than 18 third report under subparagraph (A), which form their jobs; and months after the date of enactment of this shall include an assessment of— (ii) in cases in which such essential train- Act, the Secretary shall submit to the Com- (i) the expedited approval program author- ing was not received, what challenges, if any, mittee on Homeland Security and Govern- ized under section 2102(c)(4) of the Homeland were encountered with respect to the provi- mental Affairs of the Senate and the Com- Security Act of 2002, as added by section 2; sion of such essential training. mittee on Homeland Security and the Com- and (b) WORKFORCE STRATEGY.— mittee on Energy and Commerce of the (ii) the report on the expedited approval (1) IN GENERAL.—The Secretary shall— House of Representatives a report on the program submitted by the Secretary under (A) not later than 1 year after the date of Chemical Facility Anti-Terrorism Standards subparagraph (I)(ii) of such section 2102(c)(4). enactment of this Act, develop a comprehen- Program that includes— SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. sive workforce strategy to enhance the read- (A) a certification by the Secretary that (a) EFFECTIVE DATE.—This Act, and the iness, capacity, training, recruitment, and the Secretary has made significant progress amendments made by this Act, shall take ef- retention of the cybersecurity workforce of in the identification of all chemical facilities fect on the date that is 30 days after the date the Department; and of interest under section 2102(e)(1) of the of enactment of this Act. (B) maintain and, as necessary, update the Homeland Security Act of 2002, as added by (b) CONFORMING REPEAL.—Section 550 of comprehensive workforce strategy developed section 2, including— the Department of Homeland Security Ap- under subparagraph (A).

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.027 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6565 (2) CONTENTS.—The comprehensive work- which was ordered to lie on the table; SEC. 5007. VALLES CALDERA NATIONAL PRE- force strategy developed under paragraph (1) as follows: SERVE, NEW MEXICO. shall include a description of— Notwithstanding any other provision of At the end of subtitle J of title XXX of di- (A) a multi-phased recruitment plan, in- this Act, section 3043 shall have no force or vision B, add the following: cluding with respect to experienced profes- effect. lll sionals, members of disadvantaged or under- SEC. 30 . ELIGIBILITY FOR PAYMENTS IN SEC. 5008. VICKSBURG NATIONAL MILITARY LIEU OF TAXES. served communities, the unemployed, and PARK. Any land designated as a unit of the Na- veterans; Notwithstanding any other provision of tional Park System or a component of the (B) a 5-year implementation plan; this Act, section 3044 shall have no force or National Wilderness Preservation System (C) a 10-year projection of the cybersecu- effect. under this title shall not be subject to chap- rity workforce needs of the Department; SEC. 5009. REVOLUTIONARY WAR AND WAR OF ter 69 of title 31, United States Code. (D) any obstacle impeding the hiring and 1812 AMERICAN BATTLEFIELD PRO- development of a cybersecurity workforce in TECTION PROGRAM. the Department; and SA 4005. Mr. COBURN submitted an Notwithstanding any other provision of (E) any gap in the existing cybersecurity amendment intended to be proposed by this Act, section 3050 shall have no force or workforce of the Department and a plan to him to the bill H.R. 3979, to amend the effect. fill any such gap. Internal Revenue Code of 1986 to ensure SEC. 5010. SPECIAL RESOURCE STUDIES. (c) UPDATES.—The Secretary submit to the that emergency services volunteers are Notwithstanding any other provision of appropriate congressional committees an- not taken into account as employees this Act, section 3051 shall have no force or nual updates on— under the shared responsibility re- effect. (1) the cybersecurity workforce assessment quirements contained in the Patient SEC. 5011. NATIONAL HERITAGE AREAS AND COR- required under subsection (a); and RIDORS. (2) the progress of the Secretary in car- Protection and Affordable Care Act; which was ordered to lie on the table; Notwithstanding any other provision of rying out the comprehensive workforce this Act, section 3052 shall have no force or strategy required to be developed under sub- as follows: effect. section (b). At the end of subtitle J of title XXX of di- SEC. 5012. COMMISSION TO STUDY THE POTEN- SEC. 4. CYBERSECURITY FELLOWSHIP PROGRAM. vision B, add the following: TIAL CREATION OF A NATIONAL Not later than 120 days after the date of SEC. 30ll. PROHIBITION ON AVAILABILITY OF WOMEN’S HISTORY MUSEUM. enactment of this Act, the Secretary shall FUNDS FOR FEDERAL LAND ACQUI- Notwithstanding any other provision of submit to the appropriate congressional SITION. this Act, section 3056 shall have no force or committees a report on the feasibility, cost, None of the funds authorized to be appro- effect. and benefits of establishing a Cybersecurity priated by this Act (or an amendment made SEC. 5013. ALPINE LAKES WILDERNESS ADDI- Fellowship Program to offer a tuition pay- by this Act) may be obligated or expended to TIONS AND PRATT AND MIDDLE ment plan for individuals pursuing under- establish a new unit of the National Park FORK SNOQUALMIE RIVERS PRO- graduate and doctoral degrees who agree to System or to acquire Federal land until the TECTION. work for the Department for an agreed-upon date on which the Secretary of the Interior Notwithstanding any other provision of period of time. certifies that the maintenance backlog on this Act, section 3060 shall have no force or Federal land has declined for at least 2 con- effect. SA 4002. Mrs. BOXER (for Mr. CAR- secutive years. SEC. 5014. COLUMBINE-HONDO WILDERNESS. PER) proposed an amendment to the Notwithstanding any other provision of bill H.R. 2952, to require the Secretary SA 4006. Mr. COBURN submitted an this Act, section 3061 shall have no force or of Homeland Security to assess the cy- amendment intended to be proposed by effect. bersecurity workforce of the Depart- him to the bill H.R. 3979, to amend the SEC. 5015. HERMOSA CREEK WATERSHED PRO- ment of Homeland Security and de- Internal Revenue Code of 1986 to ensure TECTION. velop a comprehensive workforce strat- that emergency services volunteers are Notwithstanding any other provision of egy, and for other purposes; as follows: not taken into account as employees this Act, section 3062 shall have no force or effect. Amend the title so as to read: ‘‘To require under the shared responsibility re- quirements contained in the Patient SEC. 5016. NORTH FORK FEDERAL LANDS WITH- the Secretary of Homeland Security to as- DRAWAL AREA. sess the cybersecurity workforce of the De- Protection and Affordable Care Act; Notwithstanding any other provision of partment of Homeland Security and develop which was ordered to lie on the table; this Act, section 3063 shall have no force or a comprehensive workforce strategy, and for as follows: effect. other purposes.’’. At the end, add the following: SEC. 5017. PINE FOREST RANGE WILDERNESS. SA 4003. Mr. COBURN submitted an DIVISION E—EFFECT OF CERTAIN Notwithstanding any other provision of amendment intended to be proposed by PROVISIONS this Act, section 3064 shall have no force or him to the bill H.R. 3979, to amend the SEC. 5001. SEALASKA LAND ENTITLEMENT FINAL- effect. Internal Revenue Code of 1986 to ensure IZATION. SEC. 5018. ROCKY MOUNTAIN FRONT CONSERVA- TION MANAGEMENT AREA AND WIL- that emergency services volunteers are Notwithstanding any other provision of this Act, section 3002 shall have no force or DERNESS ADDITIONS. not taken into account as employees effect. Notwithstanding any other provision of this Act, section 3065 shall have no force or under the shared responsibility re- SEC. 5002. BLACKSTONE RIVER VALLEY NA- quirements contained in the Patient TIONAL HISTORICAL PARK. effect. Protection and Affordable Care Act; Notwithstanding any other provision of SEC. 5019. WOVOKA WILDERNESS. which was ordered to lie on the table; this Act, section 3031 shall have no force or Notwithstanding any other provision of as follows: effect. this Act, section 3066 shall have no force or effect. At the end of subtitle J of title XXX of di- SEC. 5003. COLTSVILLE NATIONAL HISTORICAL vision B, add the following: PARK. SEC. 5020. WITHDRAWAL AREA RELATED TO WOVOKA WILDERNESS. SEC. 30ll. DEFERRED MAINTENANCE BACKLOG Notwithstanding any other provision of ON FEDERAL LAND. this Act, section 3032 shall have no force or Notwithstanding any other provision of Section 7(a) of the Land and Water Con- effect. this Act, section 3067 shall have no force or servation Fund Act of 1965 (16 U.S.C. 460l– SEC. 5004. FIRST STATE NATIONAL HISTORICAL effect. 9(a)) is amended by adding at the end the fol- PARK. SEC. 5021. ILLABOT CREEK, WASHINGTON, WILD lowing: Notwithstanding any other provision of AND SCENIC RIVER. ‘‘(4) To address the maintenance backlog this Act, section 3033 shall have no force or Notwithstanding any other provision of on Federal land.’’. effect. this Act, section 3071 shall have no force or SEC. 5005. HINCHLIFFE STADIUM ADDITION TO effect. SA 4004. Mr. COBURN submitted an PATERSON GREAT FALLS NATIONAL SEC. 5022. MISSISQUOI AND TROUT WILD AND amendment intended to be proposed by HISTORICAL PARK. SCENIC RIVERS, VERMONT. him to the bill H.R. 3979, to amend the Notwithstanding any other provision of Notwithstanding any other provision of Internal Revenue Code of 1986 to ensure this Act, section 3037 shall have no force or this Act, section 3072 shall have no force or effect. effect. that emergency services volunteers are SEC. 5006. MANHATTAN PROJECT NATIONAL HIS- SEC. 5023. WHITE CLAY CREEK WILD AND SCENIC not taken into account as employees TORICAL PARK. RIVER EXPANSION. under the shared responsibility re- Notwithstanding any other provision of Notwithstanding any other provision of quirements contained in the Patient this Act, section 3039 shall have no force or this Act, section 3073 shall have no force or Protection and Affordable Care Act; effect. effect.

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SEC. 5024. STUDIES OF WILD AND SCENIC RIV- repair, including replacement of equipment (I) HEALTH CARE.—That the program, ERS. to be given to coalition partners. project, activity, or item is for health care Notwithstanding any other provision of (ii) Replacement of in-theater stocks above as follows: this Act, section 3074 shall have no force or customary equipping levels, if jointly deter- (i) Provision of short-term care directly re- effect. mined by the Director and the Secretary of lated to combat. SEC. 5025. MISCELLANEOUS ISSUES RELATED TO Defense to be consistent with the purposes of (ii) Procurement of infrastructure that is LAS VEGAS VALLEY PUBLIC LAND certification under paragraph (1). only to be used during the current conflict. AND TULE SPRINGS FOSSIL BEDS (C) EQUIPMENT MODIFICATIONS.—That the (J) PERSONNEL.—That the item is for pay NATIONAL MONUMENT. program, project, activity, or item is for and allowances for members of the Armed Notwithstanding any other provision of operationally-required modifications to Forces as follows: this Act, section 3092 shall have no force or equipment used in a theater of operations or (i) Payment of incremental special pays effect. in direct support of combat operations, other and allowances for members of the Armed SEC. 5026. REFINANCING OF PACIFIC COAST than modifications already programmed in Forces and civilians deployed to a combat GROUNDFISH FISHING CAPACITY the future-years defense program. zone. REDUCTION LOAN. (D) MUNITIONS.—That the program, (ii) Payment of incremental pay, special Notwithstanding any other provision of project, activity, or item is for munitions as pays, and allowances for members of the re- this Act, section 3095 shall have no force or follows: serve components of the Armed Forces who effect. (i) Replenishment of munitions expended are mobilized to support war missions. SEC. 5027. PAYMENTS IN LIEU OF TAXES. in combat operations in a theater of oper- (K) SPECIAL OPERATIONS COMMAND.—That Notwithstanding any other provision of ations. the program, project, activity, or item is for this Act, section 3096 shall have no force or (ii) Procurement of training ammunition the United States Special Operations Com- effect. for training events unique to a theater of op- mand as follows: erations. (i) Operations certifiable under another SA 4007. Mr. COBURN submitted an (iii) Anticipated procurement of munitions subparagraph of this paragraph. amendment intended to be proposed by where existing stocks are insufficient to sus- (ii) Equipment certifiable under another him to the bill H.R. 3979, to amend the tain combat operations in a theater of oper- subparagraph of this paragraph. Internal Revenue Code of 1986 to ensure ations, if jointly determined by the Director (L) PREPOSITIONED SUPPLIED AND EQUIP- and the Secretary to be consistent with the MENT.—That the program, project, activity, that emergency services volunteers are purposes of certification under paragraph (1). not taken into account as employees or item is for procurement of prepositioned (E) AIRCRAFT REPLACEMENT.—That the pro- supplies and equipment for resetting in-the- under the shared responsibility re- gram, project, activity, or item is for re- ater stocks of supplies and equipment to pre- quirements contained in the Patient placement of aircraft as follows: conflict levels. Protection and Affordable Care Act; (i) Replacement of combat losses by acci- (M) SECURITY FORCES.—That the program, which was ordered to lie on the table; dent that occur in a theater of operations. project, activity, or item is for training, as follows: (ii) Replacement of combat losses by equipping, and sustaining military and po- enemy action that occur in a theater of oper- lice forces of countries in a theater of oper- At the appropriate place, insert the fol- ations. lowing: ations. (F) MILITARY CONSTRUCTION.—That the pro- (N) FUEL.—That the program, project, ac- SEC. ll. CRITERIA FOR OCO FUNDING RE- gram, project, activity, or item is for mili- QUESTS. tivity, or item is for fuel as follows: tary construction as follows: (i) Procurement of fuel for logistical sup- (a) CERTIFICATION BY DIRECTOR OF OMB.— (i) Construction of facilities and infra- port for combat operations. (1) IN GENERAL.—Any request of the Presi- structure in a theater of operations in direct (ii) Maintenance of Defense Working Cap- dent for funds for overseas contingency oper- support of combat operations. ations to be carried out by the Armed Forces ital Funds to cover seven-day disbursements (ii) Construction at non-enduring locations for base fuel shortfalls attributable to fuel (including any request for supplemental of facilities, and infrastructure for tem- funding for a fiscal year for such purpose) price increases. porary use. (b) SENATE POINT OF ORDER.— shall include, for each program, project, ac- (iii) Construction at enduring locations of (1) IN GENERAL.—In the Senate, it shall not tivity, or other item for which funds are so facilities and infrastructure for temporary be in order to consider any appropriations requested, a certification by the Director of use. legislation, including any amendment there- the Office of Management and Budget wheth- (iv) Construction an enduring locations for to, motion in relation thereto, or conference er such program, project, activity, or item surge operations or major changes in oper- report thereon, that includes amounts des- meets one or more of the criteria specified in ational requirements, if jointly determined ignated for overseas contingency operations paragraph (3). by the Director and the Secretary to be con- unless such amounts are for a program, (2) SCOPE OF CERTIFICATION.—Each certifi- sistent with the purposes of certification project, activity, or other item that meets cation under paragraph (1) for a program, under paragraph (1). one or more of the criteria specified in sub- project, activity, or item that meets more (G) RESEARCH AND DEVELOPMENT.—That the section (a)(3). than one of the criteria specified in para- program, project, activity, or item is for re- (2) WAIVER AND APPEAL.— graph (3) shall specify each of the criteria search and development for combat oper- (A) WAIVER.—In the Senate, paragraph (1) which such program, project, activity, or ations that can be delivered in 12 months. may be waived or suspended only by an af- item meets. (H) OPERATIONS.—That the item is for oper- firmative vote of three-fifths of the Mem- (3) CRITERIA.—The criteria specified in this ations as follows: bers, duly chosen and sworn. paragraph are as follows: (i) Direct war costs, including the fol- (B) APPEAL.—An affirmative vote of three- (A) MAJOR EQUIPMENT.—That the program, lowing: fifths of the Members of the Senate, duly project, activity, or item is for major equip- (I) Transport of personnel, equipment, and chosen and sworn, shall be required to sus- ment as follows: supplies to, from, and within a theater of op- tain an appeal of the ruling of the Chair on (i) Replacement of loses that have oc- erations. a point of order raised under paragraph (1). curred, other than— (II) Deployment-specific training and prep- (c) ADJUSTMENTS TO DISCRETIONARY SPEND- (I) items already programmed for replace- aration for units and personnel (whether ING LIMITS.—Notwithstanding section ment in the future-years defense program; military or civilian) to assume their directed 251(b)(2)(A) of the Balanced Budget and and missions as defined in the orders for deploy- Emergency Deficit Control Act of 1985 (2 (II) accelerations of replacements. ment into a theater of operations. U.S.C. 901(b)(2)(A)), if, for any fiscal year, ap- (ii) Replacement or repair to original capa- (ii) Within a theater of operations, incre- propriations for discretionary accounts are bility (to upgraded capability if currently mental costs for purposes as follows: enacted that the Congress designates for available) of equipment returning from a (I) To support commanders in the conduct Overseas Contingency Operations/Global War theater operations— of their directed missions (including Emer- on Terrorism, the adjustment to discre- (I) including replacement by a similar end gency Response Programs). tionary spending limits under such section item if the original item is no longer in pro- (II) To build and maintain temporary fa- 251(b)(2)(A) for Overseas Contingency Oper- duction; but cilities. ations/Global War on Terrorism shall be the (II) excluding incremental cost of non-war (III) To provide food, fuel, supplies, con- total of only such appropriations in discre- related upgrades. tracted services and other support. tionary accounts that are certified by the (iii) Procurement of specialized, theater- (IV) To cover the operational costs of coa- Director of the Office of Management and specific equipment. lition partners supporting military missions Budget to be for a program, project, activity, (B) GROUND EQUIPMENT REPLACEMENT.— of the United States Armed Forces. or other item that meets one or more cri- That the program, project, activity, or item (iii) Indirect war costs incurred outside a teria specified in subsection (a)(3). is for replacement of ground equipment as theater of operations, if jointly determined follows: by the Director and the Secretary to be con- SA 4008. Mr. COBURN submitted an (i) Replacement of combat losses and re- sistent with the purposes of certification amendment intended to be proposed by turning equipment that is not economical to under paragraph (1). him to the bill H.R. 3979, to amend the

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.029 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6567 Internal Revenue Code of 1986 to ensure Code or section 4705(b) of title 41, United cial Improvement and Audit Readiness Plan that emergency services volunteers are States Code, to officials described in such described in paragraph (6), and codified as a not taken into account as employees sections.’’. statutory requirement the goal of the Plan under the shared responsibility re- (2) EXECUTIVE AGENCY DEFINED.—The term in ensuring that Department of Defense fi- ‘‘executive agency’’ has the meaning given nancial statements are validated as ready for quirements contained in the Patient the term in section 133 of title 41, United audit not later than September 30, 2017. In Protection and Affordable Care Act; States Code. addition, the National Defense Authorization which was ordered to lie on the table; Act for Fiscal Year 2013 (Public Law 112–239) as follows: SA 4010. Mr. COBURN submitted an requires that the statement of budgetary re- At the appropriate place in title III, insert amendment intended to be proposed by sources of the Department of Defense be vali- the following: him to the bill H.R. 3979, to amend the dated as ready for audit by not later than SEC. ll. INSTALLATION RENEWABLE ENERGY Internal Revenue Code of 1986 to ensure September 30, 2014. PROJECT DATABASE. that emergency services volunteers are (8) At a September 2010 hearing of the Sen- (a) LIMITATION.—Not later than 90 days not taken into account as employees ate, the Government Accountability Office after the date of the enactment of this Act, stated that past expenditures by the Depart- the Secretary of Defense shall establish a under the shared responsibility re- ment of Defense of $5,800,000,000 to improve searchable database to uniformly report in- quirements contained in the Patient financial information, and billions of dollars formation regarding installation renewable Protection and Affordable Care Act; more of anticipated expenditures on new in- energy projects undertaken since 2010. which was ordered to lie on the table; formation technology systems for that pur- (b) ELEMENTS.—The database established as follows: pose, may not suffice to achieve full audit under subsection (a) shall include, for each At the appropriate place, insert the fol- readiness of the financial statement of the installation energy project— lowing: Department. At that hearing, the Govern- (1) the estimated project costs; ment Accountability Office could not predict (2) estimated power generation; TITLE lll—AUDIT OF THE when the Department would achieve full (3) estimated total cost savings; DEPARTMENT OF DEFENSE audit readiness of such statements. (4) estimated payback period; SEC. ll01. SHORT TITLE. (9) At a 2013 hearing of the Senate, Sec- (5) total project costs; This title may be cited as the ‘‘Audit the retary of Defense Chuck Hagel affirmed his (6) actual power generation; Pentagon Act of 2014’’. commitment to audit-ready budget state- (7) actual cost savings to date; SEC. ll02. FINDINGS. ments for the Department of Defense by the (8) current operational status; and Congress makes the following findings: end of 2014, and stated that he ‘‘will do ev- (9) access to relevant business case docu- (1) Section 9 of Article I of the Constitu- erything he can to fulfill this commitment’’. ments, including the economic viability as- tion of the United States requires all agen- At that hearing, Secretary Hagel noted that sessment. cies of the Federal Government, including auditable financial statements were essen- (c) UPDATES.—The database established the Department of Defense, to publish ‘‘a tial to the Department not only for improv- under subsection (a) shall be updated not less regular statement and account of the re- ing the quality of its financial information, than quarterly. ceipts and expenditures of all public money’’. but also for reassuring the public and Con- (2) Section 3515 of title 31, United States gress that it is a good steward of public SA 4009. Mr. COBURN submitted an Code, requires the agencies of the Federal funds. amendment intended to be proposed by Government, including the Department of SEC. ll03. CESSATION OF APPLICABILITY OF him to the bill H.R. 3979, to amend the Defense, to present auditable financial state- REPORTING REQUIREMENTS RE- Internal Revenue Code of 1986 to ensure ments beginning not later than March 1, GARDING THE FINANCIAL STATE- that emergency services volunteers are 1997. The Department has not complied with MENTS OF THE DEPARTMENT OF DE- not taken into account as employees this law. FENSE. (3) The Federal Financial Management Im- under the shared responsibility re- (a) CESSATION OF APPLICABILITY.— provement Act of 1996 (31 U.S.C. 3512 note) quirements contained in the Patient (1) MILITARY DEPARTMENTS.—The financial requires financial systems acquired by the statements of a military department shall Protection and Affordable Care Act; Federal Government, including the Depart- which was ordered to lie on the table; cease to be covered by the reporting require- ment of Defense, to be able to provide infor- ments specified in subsection (b) upon the as follows: mation to leaders to manage and control the issuance of an unqualified audit opinion on At the appropriate place in title VIII, in- cost of Government. The Department has not such financial statements. complied with this law. sert the following: (2) DEPARTMENT OF DEFENSE.—The report- SEC. ll. ENHANCED WHISTLEBLOWER PROTEC- (4) The financial management of the De- ing requirements specified in subsection (b) TION FOR CONTRACTOR EMPLOY- partment of Defense has been on the ‘‘High- shall cease to be effective when an unquali- EES. Risk’’ list of the Government Accountability fied audit opinion is issued on the financial (a) PROHIBITION ON PREVENTION OF WHIS- Office, which means that the Department is statements of the Department of Defense, in- TLEBLOWER DISCLOSURES.— not consistently able to ‘‘control costs; en- cluding each of the military departments (1) DEFENSE CONTRACTS.—Section 2409(a)(1) sure basic accountability; anticipate future and the other reporting entities defined by of title 10, United States Code, is amended by costs and claims on the budget; measure per- the Office of Management and Budget. striking ‘‘may not be discharged, demoted, formance; maintain funds control; [and] pre- or otherwise discriminated against as a re- vent and detect fraud, waste, and abuse’’. (b) REPORTING REQUIREMENTS.—The report- prisal for disclosing’’ and inserting ‘‘may not (5) The National Defense Authorization ing requirements specified in this subsection be prohibited in any way from, or dis- Act for Fiscal Year 2002 (Public Law 107–107) are the following: charged, demoted, or otherwise discrimi- requires the Secretary of Defense to report (1) The requirement for annual reports in nated against as a reprisal for, disclosing’’. to Congress annually on the reliability of the section 892(b) of the Ike Skelton National (2) CIVILIAN CONTRACTS.—Section 4705(b) of financial statements of the Department of Defense Authorization Act for Fiscal Year title 41, United States Code, is amended by Defense, to minimize resources spent on pro- 2011 (Public Law 111–383; 124 Stat. 4311; 10 striking ‘‘may not be discharged, demoted, ducing unreliable financial statements, and U.S.C. 2306a note). or otherwise discriminated against as a re- to use resources saved to improve financial (2) The requirement for semi-annual re- prisal for disclosing’’ and inserting ‘‘may not management policies, procedures, and inter- ports in section 1003(b) of the National De- be prohibited in any way from, or dis- nal controls. fense Authorization Act for Fiscal Year 2010 charged, demoted, or otherwise discrimi- (6) In 2005, the Department of Defense cre- (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. nated against as a reprisal for, disclosing’’. ated a Financial Improvement and Audit 2222 note). (b) CONTRACT CLAUSE REQUIREMENT.— Readiness (FIAR) Plan, overseen by a direc- (3) The requirement for annual reports in (1) IN GENERAL.—Not later than 180 days torate within the office of the Under Sec- section 817(d) of the Bob Stump National De- after the date of the enactment of this Act, retary of Defense (Comptroller), to improve fense Authorization Act for Fiscal Year 2003 the Federal Acquisition Regulation and the Department business processes with the goal (10 U.S.C. 2306a note). Defense Supplement to the Federal Acquisi- of producing timely, reliable, and accurate (4) The requirement for annual reports in tion Regulation shall be amended to require financial information that could generate an section 1008(a) of the National Defense Au- that any contract entered into after such audit-ready annual financial statement. In thorization Act for Fiscal Year 2002 (Public date by an executive agency, and any sub- December 2005, that directorate, known as Law 107–107; 115 Stat. 1204; 10 U.S.C. 113 contract at any tier, include the following the FIAR Directorate, issued the first of a note). clause: ‘‘The contractor shall not enter into series of semiannual reports on the status of (5) The requirement for periodic reports in any agreement with an employee performing the Financial Improvement and Audit Readi- section 908(b) of the Defense Acquisition Im- work under this contract that would prohibit ness Plan. provement Act of 1986 (Public Law 99–500; 100 that employee from disclosing information (7) The National Defense Authorization Stat. 1783–140; 10 U.S.C. 2326 note) and dupli- as described in subparagraph (A), (B), or (C) Act for Fiscal Year 2010 (Public Law 111–84) cate requirements as provided for in section of section 2409(a)(1) of title 10, United States requires regular status reports on the Finan- 6 of the Defense Technical Corrections Act of

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1987 (Public Law 100–26; 101 Stat. 274; 10 (B) DUTIES AND POWERS.—The duties and that has received an audit with an unquali- U.S.C. 2302 note). powers of the individual serving as Under fied opinion on such agency’s financial state- SEC. ll04. ENHANCED REPROGRAMMING AU- Secretary of Defense (Comptroller) shall in- ments during the time of such individual’s THORITY FOLLOWING ACHIEVE- clude, in addition to the duties and powers service; or MENT BY DEPARTMENT OF DEFENSE specified in section 135(c) of title 10, United (ii) as the chief financial officer or equiva- AND MILITARY DEPARTMENTS OF States Code, such duties and powers with re- lent position of a public company that has AUDIT WITH UNQUALIFIED OPINION spect to the financial management of the De- OF STATEMENT OF BUDGETARY RE- received an audit with an unqualified opin- SOURCES FOR FISCAL YEARS AFTER partment of Defense as the Deputy Secretary ion on such company’s financial statements FISCAL YEAR 2014. of Defense (acting in the capacity of Chief during the time of such individual’s service. (a) DEPARTMENT OF DEFENSE GENERALLY.— Management Officer of the Department of (B) RESPONSIBILITIES.—The responsibilities Subject to section ll06(1), if the Depart- Defense) or a successor official in the De- of the individual serving as Assistant Sec- ment of Defense obtains an audit with an un- partment of Defense (acting in such capac- retary of the Air Force for Financial Man- qualified opinion on its statement of budg- ity) may prescribe. agement shall include, in addition to the re- etary resources for any fiscal year after fis- (2) ADDITIONAL QUALIFICATIONS AND RESPON- sponsibilities specified in section 8016(b)(4) of cal year 2014, the limitation on the total SIBILITIES OF ASA FOR FINANCIAL MANAGE- title 10, United States Code, such respon- amount of authorizations that the Secretary MENT.— sibilities as the Deputy Secretary of Defense of Defense may transfer pursuant to general (A) QUALIFICATIONS.—Any individual nomi- (acting in the capacity of Chief Management transfer authority available to the Secretary nated for appointment to the position of As- Officer of the Department of Defense) or a in the national interest in the succeeding fis- sistant Secretary of the Army for Financial successor official in the Department of De- cal year shall be $8,000,000,000. Management under section 3016 of title 10, fense (acting in such capacity) may pre- (b) MILITARY DEPARTMENTS, DEFENSE United States Code, shall be an individual scribe. AGENCIES, AND DEFENSE FIELD ACTIVITIES.— who has served— (b) PUBLIC COMPANY DEFINED.—In this sec- Subject to section ll07(a), if a military de- (i) as the chief financial officer or equiva- tion, the term ‘‘public company’’ has the partment, Defense Agency, or defense field lent position of a Federal or State agency meaning given the term ‘‘issuer’’ in section activity obtains an audit with an unqualified that has received an audit with an unquali- 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 opinion on its statement of budgetary re- fied opinion on such agency’s financial state- U.S.C. 7201(a)(7)). sources for any fiscal year after fiscal year ments during the time of such individual’s 2014, the thresholds for reprogramming of SEC. ll06. FAILURE OF THE DEPARTMENT OF service; or DEFENSE TO OBTAIN AUDITS WITH funds of such military department, Defense (ii) as the chief financial officer or equiva- UNQUALIFIED OPINION OF FISCAL Agency, or defense field activity, as the case lent position of a public company that has YEAR 2018 FINANCIAL STATEMENTS. may be, without prior notice to Congress for received an audit with an unqualified opin- If the Department of Defense fails to ob- the succeeding fiscal year shall be deemed to ion on such company’s financial statements tain an audit with an unqualified opinion on be the thresholds as follows: during the time of such individual’s service. its general fund statement of budgetary re- (1) In the case of an increase or decrease to (B) RESPONSIBILITIES.—The responsibilities sources for fiscal year 2018 by December 31, the program base amount for a procurement of the individual serving as Assistant Sec- 2018: program, $60,000,000. retary of the Army for Financial Manage- (1) PERMANENT CESSATION OF ENHANCED (2) In the case of an increase or decrease to ment shall include, in addition to the respon- GENERAL TRANSFER AUTHORITY.—Effective as the program base amount for a research pro- sibilities specified in section 3016(b)(4) of of January 1, 2019, the authority in section gram, $30,000,000. title 10, United States Code, such respon- ll04(a) shall cease to be available to the (3) In the case of an increase or decrease to sibilities as the Deputy Secretary of Defense Department of Defense for fiscal year 2018 the amount for a budget activity for oper- (acting in the capacity of Chief Management and any fiscal year thereafter. ation and maintenance, $45,000,000. Officer of the Department of Defense) or a (2) REORGANIZATION OF RESPONSIBILITIES OF (4) In the case of an increase or decrease to successor official in the Department of De- CHIEF MANAGEMENT OFFICER.—Effective as of the amount for a budget activity for mili- fense (acting in such capacity) may pre- April 1, 2019: tary personnel, $30,000,000. scribe. (A) POSITION OF CHIEF MANAGEMENT OFFI- (c) CONSTRUCTION.—Nothing in this section (3) ADDITIONAL QUALIFICATIONS AND RESPON- shall be construed to alter or revise any re- CER.—Section 132a of title 10, United States SIBILITIES OF ASN FOR FINANCIAL MANAGE- Code, is amended to read as follows: quirement (other than a threshold amount) MENT.— for notice to Congress on transfers covered (A) QUALIFICATIONS.—Any individual nomi- ‘‘§ 132a. Chief Management Officer by subsection (a) or reprogrammings covered nated for appointment to the position of As- ‘‘(a) IN GENERAL.—(1) There is a Chief Man- by subsection (b) under any other provision sistant Secretary of the Navy for Financial agement Officer of the Department of De- of law. Management under section 5016 of title 10, fense, appointed from civilian life by the (d) DEFINITIONS.—In this section, the terms United States Code, shall be an individual President, by and with the advice and con- ‘‘program base amount’’, ‘‘procurement pro- who has served— sent of the Senate. gram’’, ‘‘research program’’, and ‘‘budget ac- (i) as the chief financial officer or equiva- ‘‘(2) Any individual nominated for appoint- tivity’’ have the meanings given such terms lent position of a Federal or State agency ment as Chief Management Officer shall be in chapter 6 of volume 3 of the Financial that has received an audit with an unquali- an individual who has— Management Regulation of the Department fied opinion on such agency’s financial state- ‘‘(A) extensive executive level leadership of Defense (DoD 7000.14R), dated March 2011, ments during the time of such individual’s and management experience in the public or or any successor document. service; or private sector; SEC. ll05. FAILURE TO OBTAIN AUDITS WITH (ii) as the chief financial officer or equiva- ‘‘(B) strong leadership skills; UNQUALIFIED OPINION OF FISCAL YEAR 2015 GENERAL FUND STATE- lent position of a public company that has ‘‘(C) a demonstrated ability to manage MENT OF BUDGETARY RESOURCES received an audit with an unqualified opin- large and complex organizations; and OF THE DEPARTMENT OF DEFENSE. ion on such company’s financial statements ‘‘(D) a proven record in achieving positive (a) IN GENERAL.—If the Department of De- during the time of such individual’s service. operational results. fense fails to obtain an audit with an un- (B) RESPONSIBILITIES.—The responsibilities ‘‘(b) POWERS AND DUTIES.—The Chief Man- qualified opinion on its general fund state- of the individual serving as Assistant Sec- agement Officer shall perform such duties ment of budgetary resources for fiscal year retary of the Navy for Financial Manage- and exercise such powers as the Secretary of 2015 by December 31, 2015, the following shall ment shall include, in addition to the respon- Defense may prescribe. take effect on January 1, 2016: sibilities specified in section 5016(b)(4) of ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- (1) ADDITIONAL QUALIFICATIONS AND DUTIES title 10, United States Code, such respon- CER.—(1) The Chief Management Officer is OF USD (COMPTROLLER).— sibilities as the Deputy Secretary of Defense the Chief Management Officer of the Depart- (A) QUALIFICATIONS.—Any individual nomi- (acting in the capacity of Chief Management ment of Defense. nated for appointment to the position of Officer of the Department of Defense) or a ‘‘(2) In serving as the Chief Management Under Secretary of Defense (Comptroller) successor official in the Department of De- Officer of the Department of Defense, the under section 135 of title 10, United States fense (acting in such capacity) may pre- Chief Management Officer shall be respon- Code, shall be an individual who has served— scribe. sible for the management and administra- (i) as the chief financial officer or equiva- (4) ADDITIONAL QUALIFICATIONS AND RESPON- tion of the Department of Defense with re- lent position of a Federal or State agency SIBILITIES OF ASAF FOR FINANCIAL MANAGE- spect to the following: that has received an audit with an unquali- MENT.— ‘‘(A) The expenditure of funds, accounting, fied opinion on such agency’s financial state- (A) QUALIFICATIONS.—Any individual nomi- and finance. ments during the time of such individual’s nated for appointment to the position of As- ‘‘(B) Procurement, including procurement service; or sistant Secretary of the Air Force for Finan- of any enterprise resource planning (ERP) (ii) as the chief financial officer or equiva- cial Management under section 8016 of title system and any information technology (IT) lent position of a public company that has 10, United States Code, shall be an individual system that is a financial feeder system, received an audit with an unqualified opin- who has served— human resources system, or logistics system. ion on such company’s financial statements (i) as the chief financial officer or equiva- ‘‘(C) Facilities, property, nonmilitary during the time of such individual’s service. lent position of a Federal or State agency equipment, and other resources.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.031 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6569 ‘‘(D) Strategic planning, annual perform- transfer under this paragraph through the (A) The current Business Enterprise Archi- ance planning, and identification and track- Financial Management Service of the De- tecture established by the Chief Manage- ing of performance measures. partment of the Treasury. ment Officer of the Department of Defense. ‘‘(E) Internal audits and management anal- (C) MEMORANDUM OF UNDERSTANDING.—The (B) The provisions of section 2222 of title yses of the programs and activities of the Secretary of Defense and the Secretary of 10, United States Code. Department, including the Defense Contract the Treasury shall jointly enter into a (4) The Deputy Secretary of Defense (act- Audit Agency. memorandum of understanding regarding the ing in the capacity of Chief Management Of- ‘‘(F) Such other areas or matters as the transfer of jurisdiction of the Defense Fi- ficer of the Department of Defense) or a suc- Secretary of Defense may designate. nance and Accounting Service under this cessor official in the Department of Defense ‘‘(3) The head of the Defense Contract paragraph. The memorandum of under- (acting in such capacity) shall have the au- Audit Agency shall be under the supervision standing shall provide for the transfer of the thority to replace any program manager of, and shall report directly to, the Chief personnel and other resources of the Service (whether in a military department or a De- Management Officer. to the Department of the Treasury and for fense Agency) for the procurement of an En- ‘‘(d) PRECEDENCE.—The Chief Management the assumption of responsibility for such terprise Resource Planning business system Officer takes precedence in the Department personnel and resources by the Department if procurement of the system takes longer of Defense after the Secretary of Defense and of the Treasury. than three years from initial obligation of the Deputy Secretary of Defense.’’. (D) CONSTRUCTION.—Nothing in this para- funds to full deployment and sustainment. (B) CONFORMING AMENDMENTS.— graph shall be construed as terminating, al- (5) Any integrator contract for the imple- (i) Section 131(b) of title 10, United States tering, or revising any responsibilities or au- mentation of an Enterprise Resource Plan- Code, is amended— thorities of the Defense Finance and Ac- ning business system shall only be awarded (I) by striking paragraph (3); counting Service (other than responsibilities to companies that have a history of success- (II) by redesignating paragraph (2) as para- and authorities in connection with the exer- ful implementation of other Enterprise Re- graph (3); and cise of jurisdiction of the Service following source Planning business systems for the (III) by inserting after paragraph (1) the transfer under this paragraph). Federal Government (whether with the De- following new paragraph (2): partment of Defense or another department ‘‘(2) The Chief Management Officer of the SEC. ll07. FAILURE OF THE MILITARY DEPART- MENTS TO OBTAIN AUDITS WITH UN- or agency of the Federal Government), in- Department of Defense.’’. QUALIFIED OPINION OF FINANCIAL cluding meeting cost and schedule goals. (ii) Section 132 of such title is amended— STATEMENTS FOR FISCAL YEARS (I) by striking subsection (c); and AFTER FISCAL YEAR 2018. (II) by redesignating subsections (d) and (e) Mr. COBURN submitted an (a) PERMANENT CESSATION OF AUTHORITIES SA 4011. as subsections (c) and (d), respectively. ON REPROGRAMMING OF FUNDS.—If a military amendment intended to be proposed by (iii) Section 133(e)(1) of such title is amend- department fails to obtain an audit with an him to the bill H.R. 3979, to amend the ed by striking ‘‘and the Deputy Secretary of unqualified opinion on its financial state- Internal Revenue Code of 1986 to ensure Defense’’ and inserting ‘‘, the Deputy Sec- ments for fiscal year 2018 by December 31, that emergency services volunteers are retary of Defense, and the Chief Management 2018, effective as of January 1, 2019, the au- Officer of the Department of Defense’’. not taken into account as employees thorities in section ll04(b) shall cease to be (iv) Such title is further amended by in- under the shared responsibility re- available to the military department for fis- quirements contained in the Patient serting ‘‘the Chief Management Officer of cal year 2018 and any fiscal year thereafter. the Department of Defense,’’ after ‘‘the Dep- Protection and Affordable Care Act; uty Secretary of Defense,’’ each place it ap- (b) ANNUAL PROHIBITION ON EXPENDITURE which was ordered to lie on the table; OF FUNDS FOR CERTAIN MDAPS PAST MILE- pears in the provisions as follows: as follows: (I) Section 133(e)(2). STONE B IN CONNECTION WITH FAILURE.— (II) Section 134(c). (1) PROHIBITION.—Effective for fiscal years At the appropriate place, insert the fol- (v) Section 137a(d) of such title is amended after fiscal year 2017, if a military depart- lowing: by striking ‘‘the Secretaries of the military ment fails to obtain an audit with an un- SEC. lll. PROHIBITION ON EMPLOYMENT BY departments,’’ and all that follows and in- qualified opinion on its financial statements for any fiscal year, effective as of the date of THE DEPARTMENT OF DEFENSE OF serting ‘‘the Chief Management Officer of INDIVIDUALS AND CONTRACTORS the Department of Defense, the Secretaries the issuance of the opinion on such audit, WITH SERIOUSLY DELINQUENT TAX of the military departments, and the Under amounts available to the military depart- DEBTS. Secretaries of Defense.’’. ment for the following fiscal year may not be (a) PROHIBITION.—An individual or con- (vi) Section 138(d) of such title is amended obligated by the military department for a weapon or weapon system or platform being tractor with a seriously delinquent tax debt by striking ‘‘the Secretaries of the military may not be appointed to, or continue serving departments,’’ and all that follows through acquired as a major defense acquisition pro- gram for any activity beyond Milestone B in, a position within or funded by the De- the period and inserting ‘‘the Chief Manage- partment of Defense. ment Officer of the Department of Defense, approval unless such program has already the Secretaries of the military departments, achieved Milestone B approval of the date of (b) SERIOUSLY DELINQUENT TAX DEBT DE- the Under Secretaries of Defense, and the Di- the issuance of the opinion on such audit. FINED.—In this section, the term ‘‘seriously rector of Defense Research and Engineer- (2) DEFINITIONS.—In this subsection: delinquent tax debt’’ means an outstanding ing.’’. (A) The term ‘‘major defense acquisition debt under the Internal Revenue Code of 1986 (C) CLERICAL AMENDMENT.—The table of program’’ has the meaning given that term for which a notice of lien has been filed in sections at the beginning of chapter 4 of such in section 2430 of title 10, United States public records pursuant to section 6323 of title is amended by striking the item relat- Code. such Code, except that such term does not ing to section 132a and inserting the fol- (B) The term ‘‘Milestone B approval’’ has include— lowing new item: the meaning given that term in section (1) a debt that is being paid in a timely 2366(e)(7) of title 10, United States Code. ‘‘132a. Chief Management Officer.’’. manner pursuant to an agreement under sec- SEC. ll08. ENTERPRISE RESOURCE PLANNING. tion 6159 or section 7122 of such Code; and (D) EXECUTIVE SCHEDULE.—Section 5313 of (2) a debt with respect to which a collec- title 5, United States Code, is amended by The Secretary of Defense shall amend the tion due process hearing under section 6330 adding at the end the following: acquisition guidance of the Department of of such Code, or relief under subsection (a), ‘‘Chief Management Officer of the Depart- Defense to provide for the following: (b), or (f) of section 6015 of such Code, is re- ment of Defense.’’. (1) The Defense Business System Manage- quested or pending. (E) REFERENCE IN LAW.—Any reference in ment Committee may not approve procure- any provision of law to the Chief Manage- ment of any Enterprise Resource Planning ment Officer of the Department of Defense (ERP) business system that is independently SA 4012. Mr. COBURN submitted an shall be deemed to refer to the Chief Man- estimated to take longer than three years to amendment intended to be proposed by agement Officer of the Department of De- procure from initial obligation of funds to him to the bill H.R. 3979, to amend the fense under section 132a of title 10, United full deployment and sustainment. Internal Revenue Code of 1986 to ensure States Code (as amended by this paragraph). (2) Any contract for the acquisition of an (3) JURISDICTION OF DFAS.—Effective as of Enterprise Resource Planning business sys- that emergency services volunteers are April 1, 2019: tem shall include a provision authorizing not taken into account as employees (A) TRANSFER TO DEPARTMENT OF THE termination of the contract at no cost to the under the shared responsibility re- TREASURY.—Jurisdiction of the Defense Fi- Government if procurement of the system quirements contained in the Patient nance and Accounting Service (DFAS) is takes longer than three years from initial Protection and Affordable Care Act; transferred from the Department of Defense obligation of funds to full deployment and which was ordered to lie on the table; to the Department of the Treasury. sustainment. as follows: (B) ADMINISTRATION.—The Secretary of the (3) Any implementation of an Enterprise Treasury shall administer the Defense Fi- Resource Planning system shall comply with At the appropriate place, insert the fol- nance and Accounting Service following each of the following: lowing:

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SEC. lll. CONSOLIDATION OF DUPLICATIVE (2) UPDATES.—The Secretary shall update the degree to which the Secretary is com- AND OVERLAPPING AGENCIES, PRO- the database required by paragraph (1) not plying with the provisions of this section. GRAMS, AND ACTIVITIES OF THE less frequently than once every six months. FEDERAL GOVERNMENT. (3) UNAVAILABLE MEASURES.—For any SA 4015. Mr. COBURN submitted an Not later than 180 days after the date of measure that the Secretary would otherwise amendment intended to be proposed by the enactment of this Act, the Secretary of publish in the database required by para- Defense shall, in coordination with the heads him to the bill H.R. 3979, to amend the graph (1) but has not done so because such of other departments and agencies of the Internal Revenue Code of 1986 to ensure measure is not available, the Secretary shall Federal Government— that emergency services volunteers are publish notice in the database of the reason (1) use available administrative authority not taken into account as employees for such unavailability and a timeline for to eliminate, consolidate, or streamline Gov- making such measure available in the data- under the shared responsibility re- ernment agencies, programs, and activities base. quirements contained in the Patient with duplicative and overlapping missions as (4) ACCESSIBILITY.—The Secretary shall en- Protection and Affordable Care Act; identified in Government Accountability Of- sure that the database required by paragraph fice reports on duplication and overlap in which was ordered to lie on the table; (1) is accessible to the public through the Government programs; as follows: primary Internet website of the Department (2) identify and submit to Congress a re- At the appropriate place, insert the fol- and through each primary Internet website port setting the legislative action required lowing: of a Department medical center. to further eliminate, consolidate, or stream- SEC. ll. LIMITATION ON GOVERNMENT AGENCY line Government agencies, programs, and ac- (b) SHARING OF INFORMATION BETWEEN DE- EXPENDITURES ON CONFERENCES. tivities with duplicative and overlapping PARTMENT MEDICAL CENTERS AND DEFENSE (a) CONFERENCE LIMITATIONS.— missions as identified in the reports referred HEALTH AGENCY.—The Secretary of Defense (1) LIMITATION ON AMOUNT EXPENDED ON A to in paragraph (1); and shall take appropriate actions to facilitate CONFERENCE.— (3) determine the total cost savings that— and enhance sharing between the medical (A) IN GENERAL.—No agency may expend (A) will accrue to each department, agen- centers of the Department of Defense and the more than $500,000 to support a single con- cy, and office effected by an action under Defense Health Agency on information on ference, unless the head of the agency and paragraph (1) as a result of the actions taken patient safety, quality of care, and outcomes the Chief Financial Officer of the agency under that paragraph; and for health care provided by such medical submits to Congress before the conference a (B) could accrue to each department, agen- centers, including information obtained written certification that the conference is cy, and office effected by an action under through the measures developed pursuant to in the national interest, which shall in- paragraph (2) as a result of the actions pro- subsection (a). clude— posed to be taken under that paragraph (c) HOSPITAL COMPARE WEBSITE OF DEPART- (i) an estimate of the total cost of the con- using the legislative authority set forth MENT OF HEALTH AND HUMAN SERVICES.— ference; under that paragraph. (1) AGREEMENT REQUIRED.—Not later than (ii) the dates of the conference; 180 days after the date of the enactment of (iii) an estimate of the number of full-time SA 4013. Mr. COBURN submitted an this Act, the Secretary of Defense shall enter equivalent employees attending the con- amendment intended to be proposed by into an agreement with the Secretary of ference; him to the bill H.R. 3979, to amend the Health and Human Services for the provision (iv) any costs associated with planning for Internal Revenue Code of 1986 to ensure by the Secretary of Defense of such informa- the conference; and tion as the Secretary of Health and Human that emergency services volunteers are (v) an explanation of how the conference Services may require to report and make advances the mission of the agency. not taken into account as employees publicly available patient quality and out- (B) RULE OF CONSTRUCTION.—Nothing in under the shared responsibility re- come information concerning Department of this paragraph shall be construed to preclude quirements contained in the Patient Defense medical centers through the Hos- an agency from receiving financial support Protection and Affordable Care Act; pital Compare Internet website of the De- or other assistance from a foundation or which was ordered to lie on the table; partment of Health and Human Services or other non-Federal source to pay or defray as follows: any successor Internet website. the costs of a conference. (2) INFORMATION PROVIDED.—The informa- At the appropriate place, insert the fol- (2) LIMITATION ON CONFERENCE POLICIES.— tion provided by the Secretary of Defense to lowing: An agency may not establish or implement a the Secretary of Health and Human Services SEC. ll. TERMINATION OF US FAMILY HEALTH policy that discourages or prohibits the se- PLAN. under paragraph (1) shall include the fol- lection of a location for travel, an event, a lowing: (a) TERMINATION.—The US Family Health meeting, or a conference because the loca- Plan (USFHP) is hereby terminated. (A) Measures of timely and effective health tion is perceived to be a resort or vacation (b) WIND-UP OF ACTIVITIES.—The Secretary care. destination. of Defense shall take appropriate actions to (B) Measures of readmissions, complica- (b) DEFINITIONS.—In this section— wind up the activities of the US Family tions of death, including with respect to 30- (1) the term ‘‘agency’’ has the meaning Health Plan as soon as practicable after the day mortality rates and 30-day readmission given that term under section 5701(1) of title date of the enactment of this Act. rates, surgical complication measures, and 5, United States Code; and health care related infection measures. (2) the term ‘‘conference’’ means a meet- SA 4014. Mr. COBURN submitted an (C) Survey data of patient experiences, in- ing, retreat, seminar, symposium, or event amendment intended to be proposed by cluding the Hospital Consumer Assessment that involves attendee travel. him to the bill H.R. 3979, to amend the of Healthcare Providers and Systems or any Mr. COBURN submitted an Internal Revenue Code of 1986 to ensure similar successor survey developed by the SA 4016. Department of Health and Human Services. amendment intended to be proposed by that emergency services volunteers are (D) Any other measures required of or re- him to the bill H.R. 3979, to amend the not taken into account as employees ported with respect to hospitals partici- Internal Revenue Code of 1986 to ensure under the shared responsibility re- pating in the Medicare program under title that emergency services volunteers are quirements contained in the Patient XVIII of the Social Security Act (42 U.S.C. not taken into account as employees Protection and Affordable Care Act; 1395 et seq.). under the shared responsibility re- which was ordered to lie on the table; (3) UNAVAILABLE INFORMATION.—For any quirements contained in the Patient as follows: applicable metric collected by the Depart- ment of Defense or required to be provided Protection and Affordable Care Act; At the appropriate place, insert the fol- under paragraph (2) and withheld from or un- lowing: which was ordered to lie on the table; available in the Hospital Compare Internet as follows: SEC. ll. DATABASE ON PATIENT SAFETY, QUAL- website or successor Internet website, the ITY OF CARE, AND OUTCOME MEAS- At the appropriate place, insert the fol- URES REGARDING HEALTH CARE Secretary of Defense shall publish a notice lowing: on such Internet website stating the reason PROVIDED BY THE DEPARTMENT OF SEC. ll. PROHIBITION ON ARMY NATIONAL DEFENSE. why such metric was withheld from public GUARD SPONSORSHIP OF PROFES- (a) PUBLICLY AVAILABLE DATABASE.— disclosure and a timeline for making such SIONAL WRESTLING ENTERTAIN- (1) IN GENERAL.—Not later than 180 days metric available, if applicable. MENT OR MOTOR SPORTS. after the date of the enactment of this Act, (d) COMPTROLLER GENERAL REVIEW OF PUB- Section 503(a) of title 10, United States the Secretary of Defense shall develop and LICLY AVAILABLE SAFETY AND QUALITY Code, is amended by adding at the end the make available to the public a comprehen- METRICS.—Not later than 18 months after the following new paragraph: sive database containing all applicable pa- date of the enactment of this Act, the Comp- ‘‘(3) Recruiting and advertising campaigns tient safety, quality of care, and outcome troller General of the United States shall authorized by paragraphs (1) and (2) or by measures for health care provided by the De- conduct a review of the safety and quality any other provision of law, including section partment of Defense that are tracked by the metrics made publicly available by the Sec- 561(b) of the Floyd D. Spence National De- Secretary. retary of Defense under this section to assess fense Authorization Act for Fiscal Year 2001

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.032 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6571 (as enacted into law by Public Law 106–398; 10 Committee on Armed Services of the Senate; and the areas surrounding UNRWA locations U.S.C. 503 note), for the purposes of branding and to store weapons, harbor their fighters, and or marketing of, or promoting enlistment in, (B) the Committee on Foreign Affairs, the conduct attacks. the Army National Guard may not include Committee on Appropriations, and the Com- SEC. 1283. DECLARATION OF POLICY. payments for professional wrestling enter- mittee on Armed Services of the House of It shall be the policy of the United tainment sponsorships or motor sports spon- Representatives. States— sorships. Nothing in this paragraph shall be (2) DEFENSE ARTICLE; DEFENSE SERVICE; (1) to deny United States assistance to any construed to prohibit recruiters from mak- TRAINING.—The terms ‘‘defense article’’, ‘‘de- entity or international organization that ing direct, personal contact with secondary fense service’’, and ‘‘training’’ have the harbors or collaborates with Hamas, a des- school students and other prospective re- meanings given those terms in section 47 of ignated terrorist organization, until Hamas cruits.’’. the Arms Export Control Act (22 U.S.C. 2794). agrees to recognize Israel, renounces vio- SA 4017. Mr. RUBIO submitted an Mr. RUBIO submitted an lence, disarms, and accepts prior Israeli-Pal- SA 4018. estinian agreements; amendment intended to be proposed by amendment intended to be proposed by (2) to seek a negotiated settlement of this him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the conflict only under the condition that Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure Hamas and any United States-designated that emergency services volunteers are that emergency services volunteers are terrorist groups are required to entirely dis- not taken into account as employees not taken into account as employees arm; and under the shared responsibility re- under the shared responsibility re- (3) to continue to provide security assist- quirements contained in the Patient quirements contained in the Patient ance to the Government of Israel to assist its Protection and Affordable Care Act; Protection and Affordable Care Act; efforts to defend its territory and people which was ordered to lie on the table; which was ordered to lie on the table; from rockets, missiles, and other threats. as follows: as follows: SEC. 1284. RESTRICTIONS ON AID TO THE PALES- TINIAN AUTHORITY. At the end of title XII, add the following: At the end of subtitle A of title XII, add For purposes of section 620K of the Foreign the following: Subtitle F—Palestinian Authority Reform Assistance Act of 1961 (22 U.S.C. 2378b), any SEC. 1212. INCREASED MILITARY ASSISTANCE SEC. 1281. SHORT TITLE. power-sharing government, including the FOR THE GOVERNMENT OF This subtitle may be cited as the ‘‘Pales- current government, formed in connection UKRAINE. tinian and United Nations Anti-Terrorism with the agreement signed on April 23, 2014, (a) IN GENERAL.—The President is author- Act of 2014’’. ized to provide defense articles, defense serv- between the Palestinian Liberation Organi- SEC. 1282. FINDINGS. ices, and training to the Government of zation and Hamas is considered a ‘‘Hamas- Congress makes the following findings: Ukraine for the purpose of countering offen- controlled Palestinian Authority’’. (1) On April 23, 2014, representatives of the sive weapons and reestablishing the sov- SEC. 1285. REFORM OF UNITED NATIONS HUMAN Palestinian Liberation Organization and ereignty and territorial integrity of Ukraine, RIGHTS COUNCIL. Hamas, a designated terrorist organization, including anti-tank and anti-armor weapons, (a) IN GENERAL.—Until the Secretary of signed an agreement to form a government crew weapons and ammunition, counter-ar- State submits to the appropriate congres- tillery radars to identify and target artillery of national consensus. sional committees a certification that the batteries, fire control, range finder, and opti- (2) On June 2, 2014, Palestinian President requirements described in subsection (b) cal and guidance and control equipment, tac- Mahmoud Abbas announced a unity govern- have been satisfied— tical troop-operated surveillance drones, and ment as a result of the April 23, 2014, agree- (1) the United States contribution to the secure command and communications equip- ment. regular budget of the United Nations shall be ment, pursuant to the provisions of the Arms (3) United States law requires that any reduced by an amount equal to the percent- Export Control Act (22 U.S.C. 2751 et seq.), Palestinian government that ‘‘includes age of such contribution that the Secretary the Foreign Assistance Act of 1961 (22 U.S.C. Hamas as a member’’, or over which Hamas determines would be allocated by the United 2151 et seq.), and other relevant provisions of exercises ‘‘undue influence’’, only receive Nations to support the United Nations law. United States assistance if certain certifi- Human Rights Council or any of its Special (b) REPORT REQUIRED.—Not later than 60 cations are made to Congress. Procedures; days after the date of the enactment of this (4) The President has taken the position (2) the Secretary shall not make a vol- Act, the President shall submit to the appro- that the current Palestinian government untary contribution to the United Nations priate congressional committees a report does not include members of Hamas or is in- Human Rights Council; and that includes— fluenced by Hamas and has thus not made (3) the United States shall not run for a (1) a detailed description of the anticipated the certifications required under current seat on the United Nations Human Rights defense articles, defense services, and train- law. Council. ing to be provided pursuant to this section; (5) The leadership of the Palestinian Au- (b) CERTIFICATION.—The annual certifi- (2) a timeline for the provision of such de- thority has failed to completely denounce cation referred to in subsection (a) is a cer- fense articles, defense services, and training; and distance itself from Hamas’ campaign of tification made by the Secretary of State to and terrorism against Israel. Congress that the United Nations Human (3) a list of defense articles, defense serv- (6) President Abbas has refused to dissolve Rights Council’s agenda does not include a ices, and training authorized to be provided the power-sharing agreement with Hamas permanent item related to the State of Israel by subsection (a) that have been requested even as more than 2,300 rockets have tar- or the Palestinian territories. by the Government of Ukraine but are not geted Israel since July 2, 2014. (c) REVERSION OF FUNDS.—Funds appro- being provided and an explanation with re- (7) President Abbas and other Palestinian priated and available for a United States spect to why such defense articles, defense Authority officials have failed to condemn contribution to the United Nations but with- services, and training are not being provided. Hamas’ extensive use of the Palestinian peo- held from obligation and expenditure pursu- (c) AUTHORIZATION OF APPROPRIATIONS.— ple as human shields. ant to this section shall immediately revert (1) IN GENERAL.—There are authorized to be (8) The Israeli Defense Forces have gone to to the United States Treasury and the appropriated to the Secretary of State unprecedented lengths for a modern military United States Government shall not consider $350,000,000 for fiscal year 2015 to carry out to limit civilian casualties. them arrears to be repaid to any United Na- activities under this section. (9) On July 23, 2014, the United Nations tions entity. Human Rights Council adopted a one-sided (2) AVAILABILITY OF AMOUNTS.—Amounts SEC. 1286. UNITED STATES CONTRIBUTIONS TO authorized to be appropriated pursuant to resolution criticizing Israel’s ongoing mili- THE UNITED NATIONS RELIEF AND paragraph (1) shall remain available for obli- tary operations in Gaza. WORKS AGENCY FOR PALESTINE gation and expenditure through the end of (10) The United Nations Human Rights REFUGEES IN THE NEAR EAST fiscal year 2017. Council has a long history of taking anti- (UNRWA). (d) AUTHORITY FOR THE USE OF FUNDS.—The Israel actions while ignoring the widespread Section 301(c) of the Foreign Assistance funds made available pursuant to subsection and egregious human rights violations of Act of 1961 (22 U.S.C. 2221(c)) is amended to (c) for provision of defense articles, defense many other countries, including some of its read as follows: services, and training may be used to pro- own members. ‘‘(c) PALESTINE REFUGEES; CONSIDERATIONS cure such articles, services, and training (11) On July 16, 2014, officials of the United AND CONDITIONS FOR FURNISHING ASSIST- from the United States Government or other Nations Relief and Works Agency for Pal- ANCE.— appropriate sources. estine Refugees in the Near East (UNRWA) ‘‘(1) IN GENERAL.—No contributions by the (e) DEFINITIONS.—In this section: discovered 20 rockets in one of the organiza- United States to the United Nations Relief (1) APPROPRIATE CONGRESSIONAL COMMIT- tion’s schools in Gaza, before returning the and Works Agency for Palestine Refugees in TEES.—The term ‘‘appropriate congressional weapons to local Palestinian officials rather the Near East (UNRWA) for programs in the committees’’ means— than dismantling them. West Bank and Gaza, a successor entity or (A) the Committee on Foreign Relations, (12) On multiple occasions during the con- any related entity, or to the regular budget the Committee on Appropriations, and the flict in Gaza, Hamas has used the facilities of the United Nations for the support of

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.033 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6572 CONGRESSIONAL RECORD — SENATE December 10, 2014 UNRWA or a successor entity for programs (1) The results of the investigation into the (8) Simulation training can be a cost-effec- in the West Bank and Gaza, may be provided failure of the radar system supporting the tive means for units to improve combat read- until the Secretary certifies to the appro- Eastern range in March 2014, including the iness and tactical decisionmaking skills and priate congressional committees that— causes for the failure. ultimately to save lives. ‘‘(A) no official, employee, consultant, con- (2) An assessment of each current radar (9) The Department of Defense could meet tractor, subcontractor, representative, or af- and other system as well as supporting infra- the training challenges of the future in a fis- filiate of UNRWA— structure required to support the mission re- cally austere environment by leveraging ‘‘(i) is a member of Hamas or any United quirement of the range, including back-up simulation training that uses simulators States-designated terrorist group; or systems. owned and operated by the Federal Govern- ‘‘(ii) has propagated, disseminated, or in- (3) An estimate of the annual level of dedi- ment combined with simulation training cited anti-Israel, or anti-Semitic rhetoric or cated funding required to maintain and mod- services provided by universities and indus- propaganda; ernize the range infrastructure in adequate try. ‘‘(B) no UNRWA school, hospital, clinic, condition to meet national security require- (b) SENSE OF CONGRESS.—It is the sense of other facility, or other infrastructure or re- ments. Congress that— source is being used by Hamas or an affili- (4) A review of requirements to repair, up- (1) the use of simulators offers cost savings ated group for operations, planning, train- grade, and modernize the radars and other and provides members of the Armed Forces ing, recruitment, fundraising, indoctrina- mission support systems to current tech- exceptional preparation for combat; and tion, communications, sanctuary, storage of nologies. (2) existing synergies between the Depart- weapons or other materials, or any other (5) A prioritized list of projects, costs, and ment of Defense and entities in the private purposes; projected funding schedules needed to carry sector should be maintained and cultivated ‘‘(C) UNRWA is subject to comprehensive out the maintenance, repair, and moderniza- to provide members of the Armed Forces financial audits by an internationally recog- tion requirements. with the best simulation experience possible. nized third party independent auditing firm and has implemented an effective system of SA 4020. Mr. RUBIO submitted an SA 4021. Mr. RUBIO submitted an vetting and oversight to prevent the use, re- amendment intended to be proposed by amendment intended to be proposed by ceipt, or diversion of any UNRWA resources him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the by Hamas or any United States-designated Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure terrorist group, or their members; and that emergency services volunteers are that emergency services volunteers are ‘‘(D) no recipient of UNRWA funds or loans not taken into account as employees is a member of Hamas or any United States- not taken into account as employees designated terrorist group. under the shared responsibility re- under the shared responsibility re- ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- quirements contained in the Patient quirements contained in the Patient TEES DEFINED.—In this subsection, the term Protection and Affordable Care Act; Protection and Affordable Care Act; ‘appropriate congressional committees’ which was ordered to lie on the table; which was ordered to lie on the table; means— as follows: as follows: ‘‘(A) the Committees on Foreign Relations, At the end of subtitle G of title X, add the Strike section 601 and insert the following: Appropriations, and Homeland Security and following: Governmental Affairs of the Senate; and SEC. 601. FISCAL YEAR 2015 INCREASE IN MILI- SEC. 1080. SENSE OF CONGRESS ON BENEFITS OF TARY BASIC PAY. ‘‘(B) the Committees on Foreign Affairs, USING SIMULATORS. Appropriations, and Oversight and Govern- (a) WAIVER OF SECTION 1009 ADJUSTMENT.— (a) FINDINGS.—Congress makes the fol- The adjustment to become effective during ment Reform of the House of Representa- lowing findings: tives.’’. fiscal year 2015 required by section 1009 of (1) The use of technologies such as virtual title 37, United States Code, in the rates of SEC. 1287. ISRAELI SECURITY ASSISTANCE. reality and modeling and simulation tools monthly basic pay authorized members of The equivalent amount of all United provides cutting-edge, cost-effective training the uniformed services shall not be made. States contributions withheld from the Pal- and technology development for members of (b) INCREASE IN BASIC PAY.—Effective on estinian Authority, the United Nations the Armed Forces. January 1, 2015, the rates of monthly basic Human Rights Council, and the United Na- (2) Leveraging such technologies is an es- pay for members of the uniformed services tions Relief and Works Agency for Palestine pecially relevant supplement to live training are increased by 1.8 percent for enlisted Refugees in the Near East under this subtitle given the future of declining defense budg- member pay grades, warrant officer pay is authorized to be provided to— ets. grades, and commissioned officer pay grades (1) the Government of Israel for the Iron (3) The implementation by the Air Force below pay grade O–7. Dome missile defense system and other mis- Agency for Modeling and Simulation of vir- (c) APPLICATION OF EXECUTIVE SCHEDULE sile defense programs; and tual reality centers is part of a coordinated LEVEL II CEILING ON PAYABLE RATES FOR (2) underground warfare training and tech- effort to broaden the use of virtual training GENERAL AND FLAG OFFICERS.—Section nology and assistance to identify and deter methods. 203(a)(2) of title 37, United States Code, shall tunneling from Palestinian-controlled terri- (4) Those centers use of a variety of train- be applied for rates of basic pay payable for tories into Israel. ing tools that give members of the Armed commissioned officers in pay grades O–7 Forces and developers alike a realistic train- SA 4019. Mr. RUBIO submitted an through O–10 during calendar year 2015 by ing experience that contributes to improved using the rate of pay for level II of the Exec- amendment intended to be proposed by readiness and system effectiveness. utive Schedule in effect during 2014. him to the bill H.R. 3979, to amend the (5) Organizations like the United States (d) INCREASE IN AMOUNT FOR MILITARY PER- Internal Revenue Code of 1986 to ensure Army Program Executive Office for Simula- SONNEL.—The amount authorized to be ap- that emergency services volunteers are tion, Training, and Instrumentation would propriated for fiscal year 2015 by section 421 not taken into account as employees benefit from increased utilization of virtual for military personnel is hereby increased by under the shared responsibility re- reality and modeling and simulations tools. $600,000,000. (6) Modeling and simulation tools can pro- quirements contained in the Patient vide powerful planning and training capabili- Protection and Affordable Care Act; SA 4022. Mr. COBURN submitted an ties to expose a member of the Armed Forces amendment intended to be proposed by which was ordered to lie on the table; to the complexities and uncertainties of as follows: combat before ever leaving the member’s him to the bill H.R. 3979, to amend the At the end of subtitle D of title III, add the home station. For example, the Naval Air Internal Revenue Code of 1986 to ensure following: Warfare Center Training Systems Division that emergency services volunteers are SEC. 333. REPORT ON SUPPORT FOR LAUNCHES integrates the science of learning with per- not taken into account as employees IN SUPPORT OF NATIONAL SECU- formance-based training focused on improv- under the shared responsibility re- RITY. ing the performance of members of the Army quirements contained in the Patient (a) IN GENERAL.—Not later than 180 days and Marine Corps and measures the effec- Protection and Affordable Care Act; after the date of the enactment of this Act, tiveness of such training. The Naval Air which was ordered to lie on the table; the Secretary of the Air Force shall submit Warfare Center Training Systems Division to the congressional defense committees a continually engages members of the Army as follows: report on the requirements and investments and Marine Corps to understand challenges, At the end of subtitle J of title XXX of di- needed to modernize Department of Defense solve problems, create new capabilities, and vision B, add the following: space launch facilities and supporting infra- provide essential support. SEC. 30ll. PAYMENT IN LIEU OF TAXES RE- structure at Cape Canaveral Air Force Sta- (7) The use of simulation training has FORM. tion and Vandenberg Air Force Base. yielded military units that are better (a) AMENDMENTS TO PILT.— (b) ELEMENTS.—The report required under trained, more capable, and more confident (1) DEFINITION OF ENTITLEMENT LAND.—Sec- subsection (a) shall include the following ele- when compared to units that do not have ac- tion 6901(1) of title 31, United States Code, is ments: cess to modern simulation training devices. amended—

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.033 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6573 (A) in subparagraph (A), by striking ‘‘the SEC. 3097. RELEASE OF PROPERTY INTERESTS IN SEC. 3097. COMMEMORATION OF CENTENNIAL OF National Park System or’’; and BUREAU OF LAND MANAGEMENT WORLD WAR I. (B) in subparagraph (H), by inserting ‘‘, LAND CONVEYED TO THE STATE OF Notwithstanding any other provision of other than land that is a unit of the National OREGON FOR ESTABLISHMENT OF this Act, section 3091 shall have no force or HERMISTON AGRICULTURAL RE- Park System’’ before the period at the end. SEARCH AND EXTENSION CENTER. effect. (2) ADDITIONAL PAYMENTS.—Section 6904(a) Notwithstanding any other provision of of title 31, United States Code, is amended by this Act, section 3083 shall have no force or SA 4030. Mr. COBURN submitted an striking paragraph (1) and inserting the fol- effect. amendment intended to be proposed by lowing: him to the bill H.R. 3979, to amend the ‘‘(1) the United States acquired for the Na- Internal Revenue Code of 1986 to ensure tional Forest Wilderness Areas; and’’. SA 4026. Mr. COBURN submitted an (3) REDWOOD NATIONAL PARK.—Section 6905 amendment intended to be proposed by that emergency services volunteers are of title 31, United States Code, is repealed. him to the bill H.R. 3979, to amend the not taken into account as employees (4) CONFORMING AMENDMENTS.— Internal Revenue Code of 1986 to ensure under the shared responsibility re- (A) Section 501 of the Department of the that emergency services volunteers are quirements contained in the Patient Interior and Related Agencies Appropria- not taken into account as employees Protection and Affordable Care Act; tions Act, 1998 (16 U.S.C. 471j) is amended by under the shared responsibility re- which was ordered to lie on the table; striking subsection (f). quirements contained in the Patient as follows: (B) The chapter analysis for chapter 69 of title 31, United States Code, is amended by Protection and Affordable Care Act; At the end of subtitle J of title XXX of di- striking the item relating to section 6905. which was ordered to lie on the table; vision B, add the following: (b) DEFERRED MAINTENANCE BACKLOG.—Any as follows: SEC. 3097. MISCELLANEOUS ISSUES RELATED TO amounts saved as a result of the amend- At the end of subtitle J of title XXX of di- LAS VEGAS VALLEY PUBLIC LAND AND TULE SPRINGS FOSSIL BEDS ments made by subsection (a) shall be made vision B, add the following: available to the Secretary of the Interior, NATIONAL MONUMENT. SEC. 3097. BUREAU OF RECLAMATION HYDRO- Notwithstanding any other provision of without further appropriation, to address the POWER DEVELOPMENT. maintenance backlog on National Park Sys- this Act, section 3092 shall have no force or Notwithstanding any other provision of tem land. effect. this Act, section 3087 shall have no force or effect. SA 4023. Mr. COBURN submitted an SA 4031. Mr. COBURN submitted an amendment intended to be proposed by amendment intended to be proposed by Mr. COBURN submitted an SA 4027. him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the amendment intended to be proposed by Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the that emergency services volunteers are that emergency services volunteers are Internal Revenue Code of 1986 to ensure not taken into account as employees not taken into account as employees that emergency services volunteers are under the shared responsibility re- under the shared responsibility re- not taken into account as employees quirements contained in the Patient quirements contained in the Patient under the shared responsibility re- Protection and Affordable Care Act; Protection and Affordable Care Act; quirements contained in the Patient which was ordered to lie on the table; which was ordered to lie on the table; Protection and Affordable Care Act; as follows: as follows: which was ordered to lie on the table; At the end of subtitle J of title XXX of di- as follows: At the end of subtitle J of title XXX of di- vision B, add the following: vision B, add the following: At the end of subtitle J of title XXX of di- SEC. 3097. NATIONAL DESERT STORM AND SEC. 3097. ENSURING PUBLIC ACCESS TO THE vision B, add the following: SUMMIT OF RATTLESNAKE MOUN- DESERT SHIELD MEMORIAL. TAIN IN THE HANFORD REACH NA- SEC. 3097. TOLEDO BEND HYDROELECTRIC Notwithstanding any other provision of TIONAL MONUMENT. PROJECT. this Act, section 3093 shall have no force or Notwithstanding any other provision of Notwithstanding any other provision of effect. this Act, section 3081 shall have no force or this Act, section 3088 shall have no force or effect. effect. SA 4032. Mr. COBURN submitted an amendment intended to be proposed by Mr. COBURN submitted an SA 4024. Mr. COBURN submitted an SA 4028. him to the bill H.R. 3979, to amend the amendment intended to be proposed by amendment intended to be proposed by Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the that emergency services volunteers are Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure not taken into account as employees that emergency services volunteers are that emergency services volunteers are under the shared responsibility re- not taken into account as employees not taken into account as employees quirements contained in the Patient under the shared responsibility re- under the shared responsibility re- Protection and Affordable Care Act; quirements contained in the Patient quirements contained in the Patient which was ordered to lie on the table; Protection and Affordable Care Act; Protection and Affordable Care Act; as follows: which was ordered to lie on the table; which was ordered to lie on the table; as follows: At the end of subtitle J of title XXX of di- as follows: vision B, add the following: At the end of subtitle J of title XXX of di- At the end of subtitle J of title XXX of di- SEC. 3097. EXTENSION OF LEGISLATIVE AUTHOR- vision B, add the following: vision B, add the following: ITY FOR ESTABLISHMENT OF COM- SEC. 3097. ANCHORAGE, ALASKA, CONVEYANCE SEC. 3097. EAST BENCH IRRIGATION DISTRICT MEMORATIVE WORK IN HONOR OF OF REVERSIONARY INTERESTS. CONTRACT EXTENSION. FORMER PRESIDENT JOHN ADAMS. Notwithstanding any other provision of Notwithstanding any other provision of Notwithstanding any other provision of this Act, section 3082 shall have no force or this Act, section 3089 shall have no force or this Act, section 3094 shall have no force or effect. effect. effect.

SA 4025. Mr. COBURN submitted an SA 4029. Mr. COBURN submitted an SA 4033. Mr. COBURN submitted an amendment intended to be proposed by amendment intended to be proposed by amendment intended to be proposed by him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure that emergency services volunteers are that emergency services volunteers are that emergency services volunteers are not taken into account as employees not taken into account as employees not taken into account as employees under the shared responsibility re- under the shared responsibility re- under the shared responsibility re- quirements contained in the Patient quirements contained in the Patient quirements contained in the Patient Protection and Affordable Care Act; Protection and Affordable Care Act; Protection and Affordable Care Act; which was ordered to lie on the table; which was ordered to lie on the table; which was ordered to lie on the table; as follows: as follows: as follows: At the end of subtitle J of title XXX of di- At the end of subtitle J of title XXX of di- At the end of subtitle J of title XXX of di- vision B, add the following: vision B, add the following: vision B, add the following:

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.037 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6574 CONGRESSIONAL RECORD — SENATE December 10, 2014 SEC. 3097. REFINANCING OF PACIFIC COAST SA 4038. Mr. COBURN submitted an him to the bill H.R. 3979, to amend the GROUNDFISH FISHING CAPACITY amendment intended to be proposed by Internal Revenue Code of 1986 to ensure REDUCTION LOAN. Notwithstanding any other provision of him to the bill H.R. 3979, to amend the that emergency services volunteers are this Act, section 3095 shall have no force or Internal Revenue Code of 1986 to ensure not taken into account as employees effect. that emergency services volunteers are under the shared responsibility re- not taken into account as employees quirements contained in the Patient SA 4034. Mr. COBURN submitted an under the shared responsibility re- Protection and Affordable Care Act; amendment intended to be proposed by quirements contained in the Patient which was ordered to lie on the table; him to the bill H.R. 3979, to amend the Protection and Affordable Care Act; as follows: Internal Revenue Code of 1986 to ensure which was ordered to lie on the table; At the end of subtitle J of title XXX of di- that emergency services volunteers are as follows: vision B, add the following: not taken into account as employees At the end of subtitle J of title XXX of di- SEC. 5045. NORTH FORK FEDERAL LANDS WITH- under the shared responsibility re- vision B, add the following: DRAWAL AREA. Notwithstanding any other provision of quirements contained in the Patient SEC. 3097. STUDIES OF WILD AND SCENIC RIV- this Act, section 3063 shall have no force or Protection and Affordable Care Act; ERS. effect. which was ordered to lie on the table; Notwithstanding any other provision of as follows: this Act, section 3074 shall have no force or Mr. COBURN submitted an effect. SA 4043. At the end of subtitle J of title XXX of di- amendment intended to be proposed by vision B, add the following: SA 4039. Mr. COBURN submitted an him to the bill H.R. 3979, to amend the SEC. 3097. PAYMENTS IN LIEU OF TAXES. amendment intended to be proposed by Internal Revenue Code of 1986 to ensure Notwithstanding any other provision of him to the bill H.R. 3979, to amend the that emergency services volunteers are this Act, section 3096 shall have no force or not taken into account as employees effect. Internal Revenue Code of 1986 to ensure that emergency services volunteers are under the shared responsibility re- SA 4035. Mr. COBURN submitted an not taken into account as employees quirements contained in the Patient amendment intended to be proposed by under the shared responsibility re- Protection and Affordable Care Act; him to the bill H.R. 3979, to amend the quirements contained in the Patient which was ordered to lie on the table; Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; as follows: that emergency services volunteers are which was ordered to lie on the table; At the end of subtitle J of title XXX of di- not taken into account as employees as follows: vision B, add the following: under the shared responsibility re- At the end of subtitle J of title XXX of di- SEC. 3097. PINE FOREST RANGE WILDERNESS. vision B, add the following: Notwithstanding any other provision of quirements contained in the Patient this Act, section 3064 shall have no force or Protection and Affordable Care Act; SEC. 3097. LAND TAKEN INTO TRUST FOR BEN- effect. which was ordered to lie on the table; EFIT OF THE NORTHERN CHEYENNE TRIBE. Mr. COBURN submitted an as follows: Notwithstanding any other provision of SA 4044. At the end of subtitle J of title XXX of di- this Act, section 3077 shall have no force or amendment intended to be proposed by vision B, add the following: effect. him to the bill H.R. 3979, to amend the SEC. 3097. ILLABOT CREEK, WASHINGTON, WILD Internal Revenue Code of 1986 to ensure AND SCENIC RIVER. SA 4040. Mr. COBURN submitted an that emergency services volunteers are Notwithstanding any other provision of amendment intended to be proposed by not taken into account as employees this Act, section 3071 shall have no force or him to the bill H.R. 3979, to amend the under the shared responsibility re- effect. Internal Revenue Code of 1986 to ensure quirements contained in the Patient SA 4036. Mr. COBURN submitted an that emergency services volunteers are Protection and Affordable Care Act; amendment intended to be proposed by not taken into account as employees which was ordered to lie on the table; him to the bill H.R. 3979, to amend the under the shared responsibility re- as follows: Internal Revenue Code of 1986 to ensure quirements contained in the Patient At the end of subtitle J of title XXX of di- that emergency services volunteers are Protection and Affordable Care Act; vision B, add the following: not taken into account as employees which was ordered to lie on the table; SEC. 3097. ROCKY MOUNTAIN FRONT CONSERVA- as follows: TION MANAGEMENT AREA AND WIL- under the shared responsibility re- DERNESS ADDITIONS. quirements contained in the Patient At the end of subtitle J of title XXX of di- Notwithstanding any other provision of Protection and Affordable Care Act; vision B, add the following: this Act, section 3065 shall have no force or which was ordered to lie on the table; SEC. 3097. TRANSFER OF ADMINISTRATIVE JU- effect. RISDICTION, BADGER ARMY AMMU- as follows: NITION PLANT, BARABOO, WIS- SA 4045. Mr. COBURN submitted an CONSIN. At the end of subtitle J of title XXX of di- amendment intended to be proposed by vision B, add the following: Notwithstanding any other provision of him to the bill H.R. 3979, to amend the SEC. 3097. MISSISQUOI AND TROUT WILD AND this Act, section 3078 shall have no force or SCENIC RIVERS, VERMONT. effect. Internal Revenue Code of 1986 to ensure Notwithstanding any other provision of that emergency services volunteers are this Act, section 3072 shall have no force or SA 4041. Mr. COBURN submitted an not taken into account as employees effect. amendment intended to be proposed by under the shared responsibility re- him to the bill H.R. 3979, to amend the quirements contained in the Patient SA 4037. Mr. COBURN submitted an Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; amendment intended to be proposed by that emergency services volunteers are which was ordered to lie on the table; him to the bill H.R. 3979, to amend the not taken into account as employees as follows: Internal Revenue Code of 1986 to ensure under the shared responsibility re- At the end of subtitle J of title XXX of di- that emergency services volunteers are quirements contained in the Patient vision B, add the following: not taken into account as employees Protection and Affordable Care Act; SEC. 3097. WOVOKA WILDERNESS. under the shared responsibility re- which was ordered to lie on the table; Notwithstanding any other provision of quirements contained in the Patient as follows: this Act, section 3066 shall have no force or effect. Protection and Affordable Care Act; At the end of subtitle J of title XXX of di- which was ordered to lie on the table; vision B, add the following: Mr. COBURN submitted an as follows: SA 4046. SEC. 5044. HERMOSA CREEK WATERSHED PRO- amendment intended to be proposed by TECTION. At the end of subtitle J of title XXX of di- him to the bill H.R. 3979, to amend the vision B, add the following: Notwithstanding any other provision of Internal Revenue Code of 1986 to ensure SEC. 3097. WHITE CLAY CREEK WILD AND SCENIC this Act, section 3062 shall have no force or RIVER EXPANSION. effect. that emergency services volunteers are Notwithstanding any other provision of not taken into account as employees this Act, section 3073 shall have no force or SA 4042. Mr. COBURN submitted an under the shared responsibility re- effect. amendment intended to be proposed by quirements contained in the Patient

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.039 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6575 Protection and Affordable Care Act; SEC. 5038. NATIONAL PARK SYSTEM DONOR AC- SEC. 5042. ALPINE LAKES WILDERNESS ADDI- which was ordered to lie on the table; KNOWLEDGMENT. TIONS AND PRATT AND MIDDLE Notwithstanding any other provision of FORK SNOQUALMIE RIVERS PRO- as follows: TECTION. this Act, section 3054 shall have no force or At the end of subtitle J of title XXX of di- Notwithstanding any other provision of effect. vision B, add the following: this Act, section 3060 shall have no force or SEC. 3097. WITHDRAWAL AREA RELATED TO effect. WOVOKA WILDERNESS. SA 4051. Mr. COBURN submitted an Notwithstanding any other provision of amendment intended to be proposed by SA 4055. Mr. COBURN submitted an this Act, section 3067 shall have no force or him to the bill H.R. 3979, to amend the amendment intended to be proposed by effect. Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the that emergency services volunteers are Internal Revenue Code of 1986 to ensure SA 4047. Mr. COBURN submitted an that emergency services volunteers are amendment intended to be proposed by not taken into account as employees under the shared responsibility re- not taken into account as employees him to the bill H.R. 3979, to amend the under the shared responsibility re- Internal Revenue Code of 1986 to ensure quirements contained in the Patient Protection and Affordable Care Act; quirements contained in the Patient that emergency services volunteers are Protection and Affordable Care Act; not taken into account as employees which was ordered to lie on the table; as follows: which was ordered to lie on the table; under the shared responsibility re- as follows: quirements contained in the Patient At the end of subtitle J of title XXX of di- At the end of subtitle J of title XXX of di- Protection and Affordable Care Act; vision B, add the following: vision B, add the following: which was ordered to lie on the table; SEC. 5039. COIN TO COMMEMORATE 100TH ANNI- SEC. 5031. SAN ANTONIO MISSIONS NATIONAL as follows: VERSARY OF THE NATIONAL PARK HISTORICAL PARK. SERVICE. At the end of subtitle J of title XXX of di- Notwithstanding any other provision of vision B, add the following: Notwithstanding any other provision of this Act, section 3042 shall have no force or effect. SEC. 3097. WITHDRAWAL AND RESERVATION OF this Act, section 3055 shall have no force or ADDITIONAL PUBLIC LAND FOR effect. NAVAL AIR WEAPONS STATION, SA 4056. Mr. COBURN submitted an amendment intended to be proposed by CHINA LAKE, CALIFORNIA. SA 4052. Mr. COBURN submitted an Notwithstanding any other provision of amendment intended to be proposed by him to the bill H.R. 3979, to amend the this Act, section 3068 shall have no force or Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the effect. that emergency services volunteers are Internal Revenue Code of 1986 to ensure not taken into account as employees SA 4048. Mr. COBURN submitted an that emergency services volunteers are under the shared responsibility re- amendment intended to be proposed by not taken into account as employees quirements contained in the Patient him to the bill H.R. 3979, to amend the under the shared responsibility re- Protection and Affordable Care Act; Internal Revenue Code of 1986 to ensure quirements contained in the Patient which was ordered to lie on the table; that emergency services volunteers are Protection and Affordable Care Act; as follows: not taken into account as employees which was ordered to lie on the table; under the shared responsibility re- At the end of subtitle J of title XXX of di- as follows: vision B, add the following: quirements contained in the Patient At the end of subtitle J of title XXX of di- SEC. 5032. VALLES CALDERA NATIONAL PRE- Protection and Affordable Care Act; vision B, add the following: SERVE, NEW MEXICO. which was ordered to lie on the table; SEC. 5040. COMMISSION TO STUDY THE POTEN- Notwithstanding any other provision of as follows: TIAL CREATION OF A NATIONAL this Act, section 3043 shall have no force or At the end of subtitle J of title XXX of di- WOMEN’S HISTORY MUSEUM. effect. vision B, add the following: Notwithstanding any other provision of SA 4057. Mr. COBURN submitted an SEC. 5043. COLUMBINE-HONDO WILDERNESS. this Act, section 3056 shall have no force or Notwithstanding any other provision of effect. amendment intended to be proposed by this Act, section 3061 shall have no force or him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure effect. Mr. COBURN submitted an SA 4053. that emergency services volunteers are SA 4049. Mr. COBURN submitted an amendment intended to be proposed by not taken into account as employees amendment intended to be proposed by him to the bill H.R. 3979, to amend the under the shared responsibility re- him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure quirements contained in the Patient Internal Revenue Code of 1986 to ensure that emergency services volunteers are Protection and Affordable Care Act; that emergency services volunteers are not taken into account as employees which was ordered to lie on the table; not taken into account as employees under the shared responsibility re- as follows: quirements contained in the Patient under the shared responsibility re- At the end of subtitle J of title XXX of di- quirements contained in the Patient Protection and Affordable Care Act; vision B, add the following: Protection and Affordable Care Act; which was ordered to lie on the table; SEC. 5033. VICKSBURG NATIONAL MILITARY which was ordered to lie on the table; as follows: PARK. as follows: At the end of subtitle J of title XXX of di- Notwithstanding any other provision of vision B, add the following: this Act, section 3044 shall have no force or At the end of subtitle J of title XXX of di- effect. vision B, add the following: SEC. 5041. CAPE HATTERAS NATIONAL SEASHORE SEC. 5037. NATIONAL HISTORIC SITE SUPPORT RECREATIONAL AREA. SA 4058. Mr. COBURN submitted an FACILITY IMPROVEMENTS. Notwithstanding any other provision of amendment intended to be proposed by Notwithstanding any other provision of this Act, section 3057 shall have no force or him to the bill H.R. 3979, to amend the this Act, section 3053 shall have no force or effect. effect. Internal Revenue Code of 1986 to ensure that emergency services volunteers are SA 4050. Mr. COBURN submitted an SA 4054. Mr. COBURN submitted an not taken into account as employees amendment intended to be proposed by amendment intended to be proposed by under the shared responsibility re- him to the bill H.R. 3979, to amend the him to the bill H.R. 3979, to amend the quirements contained in the Patient Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; that emergency services volunteers are that emergency services volunteers are which was ordered to lie on the table; not taken into account as employees not taken into account as employees as follows: under the shared responsibility re- under the shared responsibility re- At the end of subtitle J of title XXX of di- quirements contained in the Patient quirements contained in the Patient vision B, add the following: Protection and Affordable Care Act; Protection and Affordable Care Act; SEC. 5034. REVOLUTIONARY WAR AND WAR OF which was ordered to lie on the table; 1812 AMERICAN BATTLEFIELD PRO- which was ordered to lie on the table; TECTION PROGRAM. as follows: as follows: Notwithstanding any other provision of At the end of subtitle J of title XXX of di- At the end of subtitle J of title XXX of di- this Act, section 3050 shall have no force or vision B, add the following: vision B, add the following: effect.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.041 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6576 CONGRESSIONAL RECORD — SENATE December 10, 2014 SA 4059. Mr. COBURN submitted an not taken into account as employees At the end of subtitle J of title XXX of di- amendment intended to be proposed by under the shared responsibility re- vision B, add the following: him to the bill H.R. 3979, to amend the quirements contained in the Patient SEC. 3097. COLTSVILLE NATIONAL HISTORICAL PARK. Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; Notwithstanding any other provision of that emergency services volunteers are which was ordered to lie on the table; this Act, section 3032 shall have no force or not taken into account as employees as follows: effect. under the shared responsibility re- At the end of subtitle J of title XXX of di- quirements contained in the Patient vision B, add the following: SA 4068. Mr. COBURN submitted an Protection and Affordable Care Act; SEC. 3097. GRAZING PERMITS AND LEASES. amendment intended to be proposed by which was ordered to lie on the table; Notwithstanding any other provision of him to the bill H.R. 3979, to amend the as follows: this Act, section 3023 shall have no force or Internal Revenue Code of 1986 to ensure effect. that emergency services volunteers are At the end of subtitle J of title XXX of di- vision B, add the following: not taken into account as employees SA 4064. Mr. COBURN submitted an under the shared responsibility re- SEC. 5035. SPECIAL RESOURCE STUDIES. amendment intended to be proposed by Notwithstanding any other provision of quirements contained in the Patient him to the bill H.R. 3979, to amend the Protection and Affordable Care Act; this Act, section 3051 shall have no force or Internal Revenue Code of 1986 to ensure effect. which was ordered to lie on the table; that emergency services volunteers are as follows: SA 4060. Mr. COBURN submitted an not taken into account as employees At the end of subtitle J of title XXX of di- amendment intended to be proposed by under the shared responsibility re- vision B, add the following: him to the bill H.R. 3979, to amend the quirements contained in the Patient SEC. 3097. FIRST STATE NATIONAL HISTORICAL Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; PARK. Notwithstanding any other provision of that emergency services volunteers are which was ordered to lie on the table; as follows: this Act, section 3033 shall have no force or not taken into account as employees effect. under the shared responsibility re- At the end of subtitle J of title XXX of di- quirements contained in the Patient vision B, add the following: SA 4069. Mr. COBURN submitted an Protection and Affordable Care Act; SEC. 3097. CABIN USER AND TRANSFER FEES. amendment intended to be proposed by which was ordered to lie on the table; Notwithstanding any other provision of him to the bill H.R. 3979, to amend the this Act, section 3024 shall have no force or Internal Revenue Code of 1986 to ensure as follows: effect. At the end of subtitle J of title XXX of di- that emergency services volunteers are vision B, add the following: SA 4065. Mr. COBURN submitted an not taken into account as employees SEC. 5036. NATIONAL HERITAGE AREAS AND COR- amendment intended to be proposed by under the shared responsibility re- RIDORS. him to the bill H.R. 3979, to amend the quirements contained in the Patient Notwithstanding any other provision of Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; this Act, section 3052 shall have no force or that emergency services volunteers are which was ordered to lie on the table; effect. not taken into account as employees as follows: under the shared responsibility re- At the end of subtitle J of title XXX of di- SA 4061. Mr. COBURN submitted an vision B, add the following: quirements contained in the Patient amendment intended to be proposed by SEC. 3097. GETTYSBURG NATIONAL MILITARY him to the bill H.R. 3979, to amend the Protection and Affordable Care Act; PARK. Internal Revenue Code of 1986 to ensure which was ordered to lie on the table; Notwithstanding any other provision of that emergency services volunteers are as follows: this Act, section 3034 shall have no force or effect. not taken into account as employees At the end of subtitle J of title XXX of di- vision B, add the following: under the shared responsibility re- SA 4070. Mr. COBURN submitted an quirements contained in the Patient SEC. 3097. ADDITION OF ASHLAND HARBOR BREAKWATER LIGHT TO THE APOS- amendment intended to be proposed by Protection and Affordable Care Act; TLE ISLANDS NATIONAL SEASHORE. him to the bill H.R. 3979, to amend the which was ordered to lie on the table; Notwithstanding any other provision of Internal Revenue Code of 1986 to ensure as follows: this Act, section 3030 shall have no force or that emergency services volunteers are At the end of subtitle J of title XXX of di- effect. not taken into account as employees vision B, add the following: under the shared responsibility re- SA 4066. Mr. COBURN submitted an SEC. 5030. OREGON CAVES NATIONAL MONU- quirements contained in the Patient MENT AND PRESERVE. amendment intended to be proposed by Protection and Affordable Care Act; Notwithstanding any other provision of him to the bill H.R. 3979, to amend the which was ordered to lie on the table; this Act, section 3041 shall have no force or Internal Revenue Code of 1986 to ensure as follows: effect. that emergency services volunteers are At the end of subtitle J of title XXX of di- not taken into account as employees vision B, add the following: SA 4062. Mr. COBURN submitted an under the shared responsibility re- SEC. 3097. HARRIET TUBMAN UNDERGROUND amendment intended to be proposed by quirements contained in the Patient RAILROAD NATIONAL HISTORICAL him to the bill H.R. 3979, to amend the Protection and Affordable Care Act; PARK, MARYLAND. Internal Revenue Code of 1986 to ensure which was ordered to lie on the table; Notwithstanding any other provision of that emergency services volunteers are this Act, section 3035 shall have no force or as follows: effect. not taken into account as employees At the end of subtitle J of title XXX of di- under the shared responsibility re- vision B, add the following: SA 4071. Mr. COBURN submitted an quirements contained in the Patient SEC. 3097. BLACKSTONE RIVER VALLEY NA- amendment intended to be proposed by Protection and Affordable Care Act; TIONAL HISTORICAL PARK. him to the bill H.R. 3979, to amend the which was ordered to lie on the table; Notwithstanding any other provision of Internal Revenue Code of 1986 to ensure as follows: this Act, section 3031 shall have no force or that emergency services volunteers are effect. At the end of subtitle J of title XXX of di- not taken into account as employees vision B, add the following: SA 4067. Mr. COBURN submitted an under the shared responsibility re- SEC. 3097. INTERNET-BASED ONSHORE OIL AND amendment intended to be proposed by quirements contained in the Patient GAS LEASE SALES. Protection and Affordable Care Act; Notwithstanding any other provision of him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure which was ordered to lie on the table; this Act, section 3022 shall have no force or as follows: effect. that emergency services volunteers are not taken into account as employees At the end of subtitle J of title XXX of di- SA 4063. Mr. COBURN submitted an under the shared responsibility re- vision B, add the following: amendment intended to be proposed by quirements contained in the Patient SEC. 3097. HARRIET TUBMAN NATIONAL HISTOR- ICAL PARK, AUBURN, NEW YORK. him to the bill H.R. 3979, to amend the Protection and Affordable Care Act; Notwithstanding any other provision of Internal Revenue Code of 1986 to ensure which was ordered to lie on the table; this Act, section 3036 shall have no force or that emergency services volunteers are as follows: effect.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.044 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6577 SA 4072. Mr. COBURN submitted an Internal Revenue Code of 1986 to ensure not taken into account as employees amendment intended to be proposed by that emergency services volunteers are under the shared responsibility re- him to the bill H.R. 3979, to amend the not taken into account as employees quirements contained in the Patient Internal Revenue Code of 1986 to ensure under the shared responsibility re- Protection and Affordable Care Act; that emergency services volunteers are quirements contained in the Patient which was ordered to lie on the table; not taken into account as employees Protection and Affordable Care Act; as follows: under the shared responsibility re- which was ordered to lie on the table; At the end of subtitle J of title XXX of di- quirements contained in the Patient as follows: vision B, add the following: Protection and Affordable Care Act; At the end of subtitle J of title XXX of di- SEC. 3097. SPECIAL RULES FOR INYO NATIONAL which was ordered to lie on the table; vision B, add the following: FOREST, CALIFORNIA, LAND EX- CHANGE. as follows: SEC. 3097. LAND CONVEYANCE, WAINWRIGHT, ALASKA. Notwithstanding any other provision of At the end of subtitle J of title XXX of di- this Act, section 3005 shall have no force or vision B, add the following: Notwithstanding any other provision of this Act, section 3001 shall have no force or effect. SEC. 3097. HINCHLIFFE STADIUM ADDITION TO effect. PATERSON GREAT FALLS NATIONAL SA 4081. Mr. COBURN submitted an HISTORICAL PARK. Notwithstanding any other provision of SA 4077. Mr. COBURN submitted an amendment intended to be proposed by this Act, section 3037 shall have no force or amendment intended to be proposed by him to the bill H.R. 3979, to amend the effect. him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure Internal Revenue Code of 1986 to ensure that emergency services volunteers are SA 4073. Mr. COBURN submitted an that emergency services volunteers are not taken into account as employees amendment intended to be proposed by not taken into account as employees under the shared responsibility re- him to the bill H.R. 3979, to amend the under the shared responsibility re- quirements contained in the Patient Internal Revenue Code of 1986 to ensure quirements contained in the Patient Protection and Affordable Care Act; that emergency services volunteers are Protection and Affordable Care Act; which was ordered to lie on the table; not taken into account as employees which was ordered to lie on the table; as follows: under the shared responsibility re- as follows: At the end of subtitle J of title XXX of di- quirements contained in the Patient At the end of subtitle J of title XXX of di- vision B, add the following: Protection and Affordable Care Act; vision B, add the following: SEC. 3097. LAND EXCHANGE, TRINITY PUBLIC UTILITIES DISTRICT, TRINITY COUN- which was ordered to lie on the table; SEC. 3097. SEALASKA LAND ENTITLEMENT FINAL- TY, CALIFORNIA, THE BUREAU OF as follows: IZATION. LAND MANAGEMENT, AND THE FOR- At the end of subtitle J of title XXX of di- Notwithstanding any other provision of EST SERVICE. vision B, add the following: this Act, section 3002 shall have no force or Notwithstanding any other provision of SEC. 5027. LOWER EAST SIDE TENEMENT NA- effect. this Act, section 3006 shall have no force or TIONAL HISTORIC SITE. effect. Notwithstanding any other provision of SA 4078. Mr. COBURN submitted an this Act, section 3038 shall have no force or amendment intended to be proposed by SA 4082. Mr. COBURN submitted an effect. him to the bill H.R. 3979, to amend the amendment intended to be proposed by Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the SA 4074. Mr. COBURN submitted an that emergency services volunteers are Internal Revenue Code of 1986 to ensure amendment intended to be proposed by not taken into account as employees that emergency services volunteers are him to the bill H.R. 3979, to amend the under the shared responsibility re- not taken into account as employees Internal Revenue Code of 1986 to ensure quirements contained in the Patient under the shared responsibility re- that emergency services volunteers are Protection and Affordable Care Act; quirements contained in the Patient not taken into account as employees which was ordered to lie on the table; Protection and Affordable Care Act; under the shared responsibility re- as follows: which was ordered to lie on the table; quirements contained in the Patient At the end of subtitle J of title XXX of di- as follows: Protection and Affordable Care Act; vision B, add the following: which was ordered to lie on the table; At the end of subtitle J of title XXX of di- SEC. 3097. SOUTHEAST ARIZONA LAND EX- vision B, add the following: as follows: CHANGE AND CONSERVATION. SEC. 3097. IDAHO COUNTY, IDAHO, SHOOTING At the end of subtitle J of title XXX of di- Notwithstanding any other provision of RANGE LAND CONVEYANCE. vision B, add the following: this Act, section 3003 shall have no force or Notwithstanding any other provision of SEC. 5028. MANHATTAN PROJECT NATIONAL HIS- effect this Act, section 3007 shall have no force or TORICAL PARK. effect. Notwithstanding any other provision of SA 4079. Mr. COBURN submitted an this Act, section 3039 shall have no force or amendment intended to be proposed by SA 4083. Mr. COBURN submitted an effect. him to the bill H.R. 3979, to amend the amendment intended to be proposed by Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the SA 4075. Mr. COBURN submitted an that emergency services volunteers are amendment intended to be proposed by Internal Revenue Code of 1986 to ensure not taken into account as employees that emergency services volunteers are him to the bill H.R. 3979, to amend the under the shared responsibility re- Internal Revenue Code of 1986 to ensure not taken into account as employees quirements contained in the Patient under the shared responsibility re- that emergency services volunteers are Protection and Affordable Care Act; not taken into account as employees quirements contained in the Patient which was ordered to lie on the table; Protection and Affordable Care Act; under the shared responsibility re- as follows: quirements contained in the Patient which was ordered to lie on the table; At the end of subtitle J of title XXX of di- as follows: Protection and Affordable Care Act; vision B, add the following: which was ordered to lie on the table; At the end of subtitle J of title XXX of di- SEC. 3097. LAND EXCHANGE, CIBOLA NATIONAL vision B, add the following: as follows: WILDLIFE REFUGE, ARIZONA, AND At the end of subtitle J of title XXX of di- BUREAU OF LAND MANAGEMENT SEC. 3097. SCHOOL DISTRICT 318, MINNESOTA, LAND EXCHANGE. vision B, add the following: LAND IN RIVERSIDE COUNTY, CALI- FORNIA. Notwithstanding any other provision of SEC. 5029. NORTH CASCADES NATIONAL PARK this Act, section 3008 shall have no force or AND STEPHEN MATHER WILDER- Notwithstanding any other provision of NESS. this Act, section 3004 shall have no force or effect. Notwithstanding any other provision of effect. this Act, section 3040 shall have no force or SA 4084. Mr. COBURN submitted an effect. SA 4080. Mr. COBURN submitted an amendment intended to be proposed by amendment intended to be proposed by him to the bill H.R. 3979, to amend the SA 4076. Mr. COBURN submitted an him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure amendment intended to be proposed by Internal Revenue Code of 1986 to ensure that emergency services volunteers are him to the bill H.R. 3979, to amend the that emergency services volunteers are not taken into account as employees

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.048 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6578 CONGRESSIONAL RECORD — SENATE December 10, 2014 under the shared responsibility re- At the end of subtitle J of title XXX of di- COMMITTEE ON BANKING, HOUSING, AND URBAN quirements contained in the Patient vision B, add the following: AFFAIRS Protection and Affordable Care Act; SEC. 3097. LAND CONVEYANCE, HANFORD SITE, Mrs. BOXER. Mr. President, I ask which was ordered to lie on the table; WASHINGTON. unanimous consent that the Com- as follows: Notwithstanding any other provision of mittee on Banking, Housing, and this Act, section 3013 shall have no force or At the end of subtitle J of title XXX of di- effect. Urban Affairs be authorized to meet vision B, add the following: during the session of the Senate on De- SEC. 3097. NORTHERN NEVADA LAND CONVEY- SA 4089. Mr. COBURN submitted an cember 10, 2014, at 10 a.m., to conduct a ANCES. amendment intended to be proposed by hearing entitled ‘‘Cybersecurity: En- Notwithstanding any other provision of hancing Coordination To Protect the this Act, section 3009 shall have no force or him to the bill H.R. 3979, to amend the effect. Internal Revenue Code of 1986 to ensure Financial Sector.’’ that emergency services volunteers are The PRESIDING OFFICER. Without SA 4085. Mr. COBURN submitted an not taken into account as employees objection, it is so ordered. amendment intended to be proposed by under the shared responsibility re- COMMITTEE ON COMMERCE, SCIENCE, AND him to the bill H.R. 3979, to amend the quirements contained in the Patient TRANSPORTATION Internal Revenue Code of 1986 to ensure Protection and Affordable Care Act; Mrs. BOXER. Mr. President, I ask that emergency services volunteers are which was ordered to lie on the table; unanimous consent that the Com- not taken into account as employees as follows: mittee on Commerce, Science, and under the shared responsibility re- At the end of subtitle J of title XXX of di- Transportation be authorized to meet quirements contained in the Patient vision B, add the following: during the session of the Senate on De- Protection and Affordable Care Act; SEC. 3097. BUREAU OF LAND MANAGEMENT PER- cember 10, 2014, at 2:30 p.m., in room which was ordered to lie on the table; MIT PROCESSING. SR–253 of the Russell Senate Office Notwithstanding any other provision of as follows: Building to conduct a hearing entitled At the end of subtitle J of title XXX of di- this Act, section 3021 shall have no force or effect. ‘‘Passenger Rail: Investing in our Na- vision B, add the following: tion’s Future.’’ SEC. 3097. SAN JUAN COUNTY, NEW MEXICO, FED- ERAL LAND CONVEYANCE. SA 4090. Mr. COBURN submitted an The PRESIDING OFFICER. Without Notwithstanding any other provision of amendment intended to be proposed by objection, it is so ordered. this Act, section 3010 shall have no force or him to the bill H.R. 3979, to amend the COMMITTEE ON ENERGY AND NATURAL effect. Internal Revenue Code of 1986 to ensure RESOURCES that emergency services volunteers are Mrs. BOXER. Mr. President, I ask SA 4086. Mr. COBURN submitted an not taken into account as employees amendment intended to be proposed by unanimous consent that the Com- under the shared responsibility re- mittee on Energy and Natural Re- him to the bill H.R. 3979, to amend the quirements contained in the Patient Internal Revenue Code of 1986 to ensure sources be authorized to meet during Protection and Affordable Care Act; the session of the Senate on December that emergency services volunteers are which was ordered to lie on the table; not taken into account as employees 10, 2014, at 10 a.m., room SD–366 of the as follows: Dirksen Senate Office Building. under the shared responsibility re- At the end of subtitle J of title XXX of di- quirements contained in the Patient The PRESIDING OFFICER. Without vision B, add the following: objection, it is so ordered. Protection and Affordable Care Act; SEC. 3097. RANCH A WYOMING CONSOLIDATION which was ordered to lie on the table; AND MANAGEMENT IMPROVEMENT. COMMITTEE ON FOREIGN RELATIONS as follows: Notwithstanding any other provision of Mrs. BOXER. Mr. President, I ask At the end of subtitle J of title XXX of di- this Act, section 3014 shall have no force or unanimous consent that the Com- vision B, add the following: effect. mittee on Foreign Relations be author- SEC. 3097. LAND CONVEYANCE, UINTA-WASATCH- ized to meet during the session of the CACHE NATIONAL FOREST, UTAH. SA 4091. Mr. SCHATZ (for himself, Senate on December 10, 2014, at 10:30 Notwithstanding any other provision of Mr. MURPHY, Ms. BALDWIN, Mr. BOOK- a.m., to hold a Subcommittee on Afri- this Act, section 3011 shall have no force or ER, Mrs. GILLIBRAND, and Mr. BEGICH) can Affairs hearing entitled, ‘‘The effect. submitted an amendment intended to Ebola Epidemic: The Keys to Success be proposed by him to the bill H.R. SA 4087. Mr. COBURN submitted an for the International Response.’’ 3979, to amend the Internal Revenue amendment intended to be proposed by Code of 1986 to ensure that emergency The PRESIDING OFFICER. Without him to the bill H.R. 3979, to amend the services volunteers are not taken into objection, it is so ordered. Internal Revenue Code of 1986 to ensure account as employees under the shared COMMITTEE ON THE JUDICIARY that emergency services volunteers are responsibility requirements contained Mrs. BOXER. Mr. President, I ask not taken into account as employees in the Patient Protection and Afford- unanimous consent that the Com- under the shared responsibility re- able Care Act; which was ordered to lie mittee on the Judiciary be authorized quirements contained in the Patient on the table; as follows: to meet during the session of the Sen- Protection and Affordable Care Act; ate, on December 10, 2014, at 10 a.m., in which was ordered to lie on the table; Strike section 1209. room SD–226 of the Dirksen Senate Of- as follows: f fice Building, to conduct a hearing en- At the end of subtitle J of title XXX of di- titled ‘‘Executive Nominations.’’ vision B, add the following: AUTHORITY FOR COMMITTEES TO SEC. 3097. CONVEYANCE OF CERTAIN LAND TO MEET The PRESIDING OFFICER. Without THE CITY OF FRUIT HEIGHTS, UTAH. objection, it is so ordered. COMMITTEE ON AGRICULTURE, NUTRITION, AND Notwithstanding any other provision of FORESTRY COMMITTEE ON THE JUDICIARY this Act, section 3012 shall have no force or effect. Mrs. BOXER. Mr. President, I ask Mrs. BOXER. Mr. President, I ask unanimous consent that the Com- unanimous consent that the Com- SA 4088. Mr. COBURN submitted an mittee on Agriculture, Nutrition, and mittee on the Judiciary be authorized amendment intended to be proposed by Forestry, be authorized to meet during to meet during the session of the Sen- him to the bill H.R. 3979, to amend the the session of the Senate on December ate, on December 10, 2014, at 2:30 p.m., Internal Revenue Code of 1986 to ensure 10, 2014, at 10 a.m., in room SR–328A of in room SD–226 of the Dirksen Senate that emergency services volunteers are the Russell Senate Office Building, to Office Building, to conduct a hearing not taken into account as employees conduct a hearing entitled ‘‘The Com- entitled ‘‘Keeping Families Together: under the shared responsibility re- modity Futures Trading Commission: The President’s Executive Action On quirements contained in the Patient Effective Enforcement and the Future Immigration And The Need To Pass Protection and Affordable Care Act; of Derivatives Regulation.’’ Comprehensive Reform.’’ which was ordered to lie on the table; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without as follows: objection, it is so ordered. objection, it is so ordered.

VerDate Sep 11 2014 09:52 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A10DE6.055 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6579 PRIVILEGES OF THE FLOOR Whereas, in October 1994, the International demning the Government of Bashar al Assad Criminal Tribunal for Rwanda (ICTR) was es- of Syria for the use of chemical weapons Mr. UDALL of New Mexico. Mr. tablished as the first international tribunal against civilians, killing more than 1,400 of President, I ask unanimous consent with the mandate to prosecute the crime of his own people in August 2013; and that Deepa Ghosh, a foreign affairs fel- genocide and ultimately prosecuted 63 indi- Whereas United Nations Secretary-General low in my office, and Kaveh viduals for war crimes, including genocide Ban Ki-moon recommended to the United Sadeghzadeh, a natural resources fel- and crimes against humanity as well as the Nations Security Council the establishment low, be granted floor privileges for the first convictions for rape as a weapon of war; of a United Nations peacekeeping mission in remainder of the Congress. Whereas the United States Government the Central African Republic with the pri- mary mandate to protect civilians: Now, The PRESIDING OFFICER. Without supports initiatives to ensure that victims of genocide and mass atrocities are not forgot- therefore, be it objection, it is so ordered. ten, and has committed to work with inter- Resolved, That the Senate— Mr. BEGICH. Mr. President, I ask national partners to help prevent genocide (1) recognizes the United Nations designa- unanimous consent that the following and mass atrocities and identify and support tion of April 7th as the International Day of people from my office be granted floor a range of actions to protect civilian popu- Reflection on the Genocide in Rwanda; (2) honors the memory of the more than privileges for the remainder of the lations at risk; Whereas, in July 2004, the Senate adopted 800,000 victims of the Rwandan genocide and 113th Congress: Military Fellow, Chief expresses sympathy for those whose lives Master Sergeant Lavor Kirkpatrick; Senate Concurrent Resolution 133 and the House of Representatives adopted House were forever changed by this horrific event; Interns Lee Kearns, Eleanor Murphy, (3) expresses support for the people of Concurrent Resolution 467, declaring that Rwanda as they remember the victims of Morgan Mena, and Joy Demmert. ‘‘the atrocities unfolding in Darfur, Sudan, genocide; The PRESIDING OFFICER. Without are genocide’’, and calling on the United objection. (4) affirms it is in the national interest of States Government and the international the United States to work in close coordina- Ms. LANDRIEU. I ask unanimous community to take measures to address the tion with international partners to prevent consent that Jonathon Burpee, a Na- situation immediately; and mitigate acts of genocide and mass tional Park Service fellow on the staff Whereas, in September 2004, the United atrocities; of the Energy and Natural Resources States Government, in testimony by Sec- (5) condemns ongoing acts of violence and Committee, be granted floor privileges retary of State Colin Powell before the Com- mass atrocities perpetrated against innocent mittee on Foreign Relations of the Senate, for the duration of the 113th Congress. civilians in Syria, the Central African Re- declared the ongoing conflict in Darfur, public, South Sudan, Sudan and elsewhere; f Sudan, a ‘‘genocide’’ perpetrated by the gov- (6) urges the President to confer with Con- RECOGNIZING 20 YEARS SINCE THE ernment based in Khartoum against its own gress on an ongoing basis regarding the pri- people and affecting over 2,400,000 people in GENOCIDE IN RWANDA orities and objectives of the Atrocities Pre- Sudan, including an estimated 200,000 fatali- vention Board; On Tuesday, December 9, 2014, the ties; (7) urges the President to work with Con- Senate adopted S. Res. 413, as amended, Whereas, in September 2005, the United gress to strengthen the United States Gov- with its preamble, as amended, as fol- States joined other members of the United ernment’s ability to identify and more rap- lows: Nations in adopting United Nations General idly respond to genocide and mass atrocities Assembly Resolution 60/1, which affirmed in order to prevent where possible and miti- S. RES. 413 that the international community has a re- gate the impact of such events; Whereas in the aftermath of the Holocaust, sponsibility to use appropriate diplomatic, (8) clarifies that nothing in this resolution the United Nations General Assembly adopt- humanitarian and other peaceful means to shall be construed as an authorization for ed the Convention on the Prevention and help protect populations from genocide, war the use of force or a declaration of war; and Punishment of the Crime of Genocide declar- crimes, ethnic cleansing, and crimes against (9) supports ongoing United States and ing that genocide, whether committed in a humanity; international efforts to— time of peace or war, is a crime under inter- Whereas, in December 2011, the Senate (A) strengthen multilateral peacekeeping national law; unanimously passed Senate Concurrent Res- capacities; Whereas the United States was the first olution 71, recognizing the United States na- (B) build capacity for democratic rule of country to sign the Convention on the Pre- tional interest in helping to prevent and law, security sector reform, and other meas- vention and Punishment of the Crime of mitigate acts of genocide and other mass ures to improve civilian protection in areas Genocide, and the Senate voted to ratify the atrocities against civilians, and urging the of conflict; (C) ensure measures of accountability for Convention on the Prevention and Punish- development of a whole of government ap- per-petrators of mass atrocities and crimes ment of the Crime of Genocide on February proach to prevent and mitigate such acts; against humanity; and 11, 1986; Whereas, in April 2012, President Barack (D) strengthen the work of United States Whereas, for approximately 100 days be- Obama established the Atrocities Prevention and international institutions, such as the tween April 7, 1994, and July 1994, more than Board within the United States inter-agency Holocaust Memorial Museum, which are 800,000 civilians were killed in a genocide in structure, chaired by National Security working to document, identify, and prevent Rwanda that targeted members of the Tutsi, staff, to help identify and more effectively mass atrocities and inspire citizens and lead- moderate Hutu, and Twa populations, result- address atrocity threats, including genocide, ers worldwide to confront hatred and prevent ing in the horrific deaths of nearly 70 percent as a core national security interest and core genocide. of the Tutsi population living in Rwanda; moral responsibility; Whereas the massacres of innocent Rwan- Whereas, in July 2013, the National Intel- f dan civilians were premeditated and system- ligence Council completed the first ever Na- DEATH IN CUSTODY REPORTING atic attempts to eliminate the Tutsi popu- tional Intelligence Estimate on the global ACT OF 2013 lation by Hutu extremists, fueled by hatred risk for mass atrocities and genocide; and incitement propagated by newspapers Whereas, in January 2014, the National Di- Mr. BENNET. Mr. President, I ask and radio; rector of Intelligence testified before the Se- unanimous consent that the Senate Whereas in addition to systematic tar- lect Committee on Intelligence of the Sen- proceed to the consideration of Cal- geting of an ethnic minority in Rwanda re- ate, stating that ‘‘the overall risk of mass endar No. 604, H.R. 1447. sulting in the mass slaughter of innocent ci- atrocities worldwide will probably increase The PRESIDING OFFICER. The vilians, rape was also used as a weapon of in 2014 and beyond. . . . Much of the world war; clerk will report the bill by title. will almost certainly turn to the United The assistant legislative clerk read Whereas, despite the deployment of the States for leadership to prevent and respond United Nations Assistance Mission for Rwan- to mass atrocities.’’; as follows: da (UNAMIR) in October 1993 following the Whereas, despite measures taken by the A bill (H.R. 1447) to encourage States to re- end of the Rwandan Civil War, its mandate United States Government and other govern- port to the Attorney General certain infor- was insufficient to ensure the protection of ments since 1994, the international commu- mation regarding the death of individuals in large swathes of the population, dem- nity still faces the challenges of responding the custody of law enforcement agencies, and onstrating the inability of the United Na- to escalation of violence, atrocities, and reli- for other purposes. tions to effectively respond to the unfolding gious-based conflict in many corners of the There being no objection, the Senate genocide and stop or mitigate its impact; globe, including Syria and the Central Afri- proceeded to consider the bill. Whereas, on July 4, 1994, the Rwandan Pa- can Republic, and a failure of the inter- Mr. LEAHY. Mr. President, today triotic Front, a trained military group con- national community to appropriately re- Senators have finally come together to sisting of formerly exiled Tutsis, began its spond to and address the rapidly deterio- takeover of the country, which resulted in rating situation could result in further pass the Death in Custody Reporting an ending of the genocide, though not a com- atrocities; Act, which will provide important plete end to the violence, including retribu- Whereas the United Nations Security transparency to law enforcement ef- tion; Council was unable to pass a resolution con- forts and our prison system. At a time

VerDate Sep 11 2014 10:04 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.029 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6580 CONGRESSIONAL RECORD — SENATE December 10, 2014 when our Nation is having an impor- The PRESIDING OFFICER. Without PROPANE EDUCATION AND RE- tant conversation about police encoun- objection, it is so ordered. SEARCH ENHANCEMENT ACT OF ters that result in the loss of life, we The clerk will report the bill by title. 2014 know that hundreds of police-related The assistant legislative clerk read as follows: Mr. BENNET. Mr. President, I ask deaths are unaccounted for in Federal unanimous consent that the Senate statistics. The Death in Custody Re- A bill (H.R. 3374) to provide for the use of savings promotion raffle products by finan- proceed to the consideration of H.R. porting Act will require that State and 5705, which was received from the Federal law enforcement officials re- cial institutions to encourage savings, and for other purposes. House and is at the desk. port deaths in their custody, including The PRESIDING OFFICER. The those that occur during arrest. The There being no objection, the Senate clerk will report the bill by title. Justice Department will then have the proceeded to consider the bill. Mr. BENNET. Mr. President, I ask The assistant legislative clerk read opportunity to analyze the data and unanimous consent that the bill be as follows: see what we can learn from it. The read a third time and passed and the American people deserve as much. A bill (H.R. 5705) to modify certain provi- motion to reconsider be considered Too many communities across our sions relating to the Propane Education and made and laid upon the table with no country are losing faith in our justice Research Council. intervening action or debate. system. This bill provides a step to- There being no objection, the Senate The PRESIDING OFFICER. Without proceeded to consider the bill. ward accountability, and it is my hope objection, it is so ordered. that it may ultimately lead to restor- The bill (H.R. 3374) was ordered to a Mr. BENNET. I ask unanimous con- ing some measure of trust in these third reading, was read the third time, sent that the bill be read a third time communities. If we are ever able to and passed. and passed, and the motion to recon- truly embody the words engraved in sider be considered made and laid upon f Vermont marble above the United the table with no intervening action or States Supreme Court building, ‘‘Equal SMART SAVINGS ACT debate. Justice Under the Law,’’ then more of Mr. BENNET. Mr. President, I ask The PRESIDING OFFICER. Without course must be done. I look forward to unanimous consent that the Senate objection, it is so ordered. continuing these efforts in the next proceed to the consideration of H.R. The bill (H.R. 5705) was ordered to a Congress. 4193, which was received from the third reading, was read the third time, The prior authorization for the Death House and is at the desk. and passed. in Custody Reporting Act expired in The PRESIDING OFFICER. The 2006, and after too many years of inac- clerk will report the bill by title. f tion, I am glad that Democrats and Re- The assistant legislative clerk read publicans have come together and sent as follows: DIGNIFIED INTERMENT OF OUR this reauthorization bill to the Presi- A bill (H.R. 4193) to amend title 5, United VETERANS ACT OF 2014 dent for signature. My appreciation States Code, to change the default invest- goes to Congressman BOBBY SCOTT, who ment fund under the Thrift Savings Plan, Mr. BENNET. Mr. President, I ask sponsored and has long championed and for other purposes. unanimous consent that the Veterans’ this legislation, as well Senator RICH- There being no objection, the Senate Affairs Committee be discharged from ARD BLUMENTHAL, who sponsored a proceeded to consider the bill. further consideration of S. 2822 and the Senate version. Mr. BENNET. Mr. President, I ask Senate proceed to its consideration. This has been an important week for unanimous consent that the bill be The PRESIDING OFFICER. Without transparency. On Monday, the Senate read three times and passed and the objection, it is so ordered. came together to pass my bipartisan motion to reconsider be considered The clerk will report the bill by title. FOIA Improvement Act and I hope the made and laid upon the table with no The assistant legislative clerk read House will soon take up this bill. On intervening action or debate. as follows: Tuesday, I spoke on the Senate floor in The PRESIDING OFFICER. Without A bill (S. 2822) to require the Secretary of favor of the release of the executive objection, it is so ordered. Veterans Affairs to conduct a study on mat- The bill (H.R. 4193) was ordered to a summary of the Senate Intelligence ters relating to the burial of unclaimed re- third reading, was read the third time, Committee Study of the CIA’s Deten- mains of veterans in national cemeteries, and passed. and for other purposes. tion and Interrogation Program. Both There being no objection, the Senate of these actions did not come easily, f proceeded to consider the bill. but in both instances the interests of JAMES L. OBERSTAR MEMORIAL Mr. BENNET. I further ask unani- the American public and our values as HIGHWAY mous consent that the bill be read a a democracy prevailed. Today, we have Mr. BENNET. Mr. President, I ask again come together in the interest of third time and passed, and the motion unanimous consent that the Senate to reconsider be made and laid upon transparency for the betterment of our proceed to the immediate consider- Nation. the table with no intervening action or ation of H.R. 4926, which is at the desk. debate. Mr. BENNET. Mr. President, I ask The PRESIDING OFFICER. The unanimous consent that the bill be The PRESIDING OFFICER. Without clerk will report the bill by title. objection, it is so ordered. read a third time and passed, and the The assistant legislative clerk read motion to reconsider be considered as follows: The bill (S. 2822) was ordered to be engrossed for a third reading, was read made and laid upon the table with no A bill (H.R. 4926) to designate a segment of intervening action or debate. Interstate Route 35 in the State of Min- the third time, and passed, as follows: The PRESIDING OFFICER. Without nesota as the ‘‘James L. Oberstar Memorial S. 2822 objection, it is so ordered. Highway.’’ Be it enacted by the Senate and House of Rep- The bill (H.R. 1447) was ordered to a There being no objection, the Senate resentatives of the United States of America in third reading, was read the third time, proceeded to consider the bill. Congress assembled, and passed. Mr. BENNET. I ask unanimous con- SECTION 1. SHORT TITLE. f sent that the bill be read three times This Act may be cited as the ‘‘Dignified In- and passed and the motion to recon- terment of Our Veterans Act of 2014’’. AMERICAN SAVINGS PROMOTION sider be considered made and laid upon SEC. 2. DEPARTMENT OF VETERANS AFFAIRS ACT the table with no intervening action or STUDY ON MATTERS RELATING TO Mr. BENNET. Mr. President, I ask BURIAL OF UNCLAIMED REMAINS OF debate. VETERANS IN NATIONAL CEME- unanimous consent that the Banking, The PRESIDING OFFICER. Without TERIES. Housing, and Urban Affairs Committee objection, it is so ordered. (a) STUDY AND REPORT REQUIRED.—Not be discharged from further consider- The bill (H.R. 4926) was ordered to a later than one year after the date of the en- ation of H.R. 3374 and the Senate pro- third reading, was read the third time, actment of this Act, the Secretary of Vet- ceed to its immediate consideration. and passed. erans Affairs shall—

VerDate Sep 11 2014 10:11 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.124 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6581 (1) complete a study on matters relating to The assistant legislative clerk read DISCHARGE AND REFERRAL—H.R. the interring of unclaimed remains of vet- as follows: 5471 erans in national cemeteries under the con- A resolution (S. Res. 598) expressing condo- trol of the National Cemetery Administra- Mr. BENNET. Mr. President, I ask lences to the family of Abdul-Rahman Peter tion; and unanimous consent that the Banking Kassig and condemning the terrorist acts of (2) submit to Congress a report on the find- the Islamic State of Iraq and the Levant. Committee be discharged from further ings of the Secretary with respect to the consideration of H.R. 5471, and the bill There being no objection, the Senate study required under paragraph (1). be referred to the Committee on Agri- (b) MATTERS STUDIED.—The matters stud- proceeded to consider the resolution. ied under subsection (a)(1) shall include the Mr. BENNET. I ask unanimous con- culture. following: sent that the resolution be agreed to, The PRESIDING OFFICER. Without (1) Determining the scope of issues relating the preamble be agreed to, and the mo- objection, it is so ordered. to unclaimed remains of veterans, including tions to reconsider be considered made an estimate of the number of unclaimed re- f mains of veterans. and laid upon the table with no inter- (2) Assessing the effectiveness of the proce- vening action or debate. dures of the Department of Veterans Affairs The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, for working with persons or entities having objection, it is so ordered. DECEMBER 11, 2014 custody of unclaimed remains to facilitate The resolution (S. Res. 598) was Mr. BENNET. Mr. President, I ask interment of unclaimed remains of veterans agreed to. unanimous consent that when the Sen- in national cemeteries under the control of The preamble was agreed to. the National Cemetery Administration. (The resolution, with its preamble, is ate completes its business today, it ad- (3) Assessing State and local laws that af- journ until 9:30 a.m. on Thursday, De- fect the ability of the Secretary to inter un- printed in today’s RECORD under ‘‘Sub- mitted Resolutions.’’) cember 11, 2014; that following the claimed remains of veterans in national prayer and pledge, the morning hour be cemeteries under the control of the National f Cemetery Administration. deemed expired, the Journal of pro- (4) Developing recommendations for such MEASURE PLACED ON THE ceedings be approved to date, and the legislative or administrative action as the CALENDAR—S. 2992 time for the two leaders be reserved for Secretary considers appropriate. Mr. BENNET. Mr. President, I under- their use later in the day; and that fol- (c) METHODOLOGY.— stand that S. 2992 is at the desk and lowing any leader remarks, the Senate (1) NUMBER OF UNCLAIMED REMAINS.—In es- due for a second reading. resume consideration of the motion to timating the number of unclaimed remains concur in the House amendment to the of veterans under subsection (b)(1), the Sec- The PRESIDING OFFICER. The retary may review such subset of applicable clerk will read the bill by title for the Senate amendment to accompany H.R. entities as the Secretary considers appro- second time. 3979, NDAA. priate, including a subset of funeral homes The assistant legislative clerk read The PRESIDING OFFICER. Without and coroner offices that possess unclaimed as follows: objection, it is so ordered. veterans remains. A bill (S. 2992) to amend title 10, United (2) ASSESSMENT OF STATE AND LOCAL States Code, to reform procedures for deter- f LAWS.—In assessing State and local laws minations to proceed in trial by court-mar- under subsection (b)(3), the Secretary may tial for certain offenses under the Uniform assess such sample of applicable State and Code of Military Justice, and for other pur- PROGRAM local laws as the Secretary considers appro- poses. priate in lieu of reviewing all applicable Mr. BENNET. For the information of State and local laws. Mr. BENNET. I object to any further all Senators, there will be a cloture f proceedings with respect to the bill. vote on the motion to concur on the The PRESIDING OFFICER. Objec- Defense authorization bill at 10:30 a.m. EXPRESSING CONDOLENCES TO tion having been heard, the bill will be THE FAMILY OF ABDUL-RAHMAN placed on the calendar. f PETER KASSIG AND CON- f DEMNING THE TERRORIST ACTS OF THE ISLAMIC STATE OF IRAQ ORDER FOR PRINTING OF SENATE ADJOURNMENT UNTIL 9:30 A.M. AND THE LEVANT DOCUMENT TOMORROW Mr. BENNET. I ask unanimous con- Mr. BENNET. I ask unanimous con- Mr. BENNET. If there is no further sent that the Senate proceed to the im- sent that the tributes to retiring Sen- business to come before the Senate, I mediate consideration of S. Res. 598, ators be printed as a Senate document ask unanimous consent that it adjourn submitted earlier today. and that Senators be permitted to sub- under the previous order. The PRESIDING OFFICER. The mit tributes until December 23, 2014. There being no objection, the Senate, clerk will report the resolution by The PRESIDING OFFICER. Without at 7:55 p.m., adjourned until Thursday, title. objection, it is so ordered. December 11, 2014, at 9:30 a.m.

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