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

Vol. 160 WASHINGTON, THURSDAY, JULY 10, 2014 No. 107 Senate The Senate met at 10 a.m. and was Senator from the State of Montana, to per- leaders or their designees. At 11:45 a.m. called to order by the Honorable JOHN form the duties of the Chair. there will be a cloture vote on the Bi- E. WALSH, a Senator from the State of PATRICK J. LEAHY, partisan Sportsmen’s Act, as we just Montana. President pro tempore. had approved by the Chair. The filing Mr. WALSH thereupon assumed the deadline for all first-degree amend- PRAYER chair as Acting President pro tempore. ments to S. 2363 is 10:30 a.m. this morn- The Chaplain, Dr. Barry C. Black, of- f ing and the deadline for second-degree fered the following prayer: RECOGNITION OF THE MAJORITY amendments is 11:30 a.m. this morning. Let us pray. LEADER Following the vote, the Senate will O God, You are our God. We earnestly turn to executive session to consider search for You, the source of our hope The ACTING PRESIDENT pro tem- the nominations of Shaun Donovan to and the center of our joy. Enable our pore. The majority leader is recog- be Director of the Office of Manage- Senators to gaze upon Your power and nized. ment and Budget, Douglas Silliman to experience Your glory. Lord, encourage f be Ambassador to the State of Kuwait, them with Your precepts that provide TERRORISM RISK INSURANCE PRO- and Dana Smith to be Ambassador to light for the dark road ahead. Answer GRAM REAUTHORIZATION ACT the State of Qatar. At 2 p.m. the Sen- their prayers and arm our lawmakers OF 2014—MOTION TO PROCEED ate will proceed to vote on confirma- with Your might, giving them reveren- tion of the nominations in the order tial awe that will keep them from evil. Mr. REID. Mr. President, I move to listed. I expect a rollcall vote on the Strengthen them to be faithful during proceed to Calendar No. 438, S. 2244, the Donovan nomination and voice votes life’s crises as well as the routine of Terrorism Risk Insurance Act. on the Silliman and Smith nomina- daily duties. O God, we belong to You. The ACTING PRESIDENT pro tem- tions. pore. The clerk will report the motion. Crown our years with the bountiful NOMINATIONS harvest that Your mercy provides. The legislative clerk read as follows: We pray in Your Holy Name. Amen. Motion to proceed to Calendar No. 438, S. Mr. President, I was late coming in 2244, a bill to extend the termination date of here today because I just completed a f the Terrorism Insurance Program estab- conversation with John Kerry, the Sec- lished under the Terrorism Risk Insurance retary of State of our country. Because PLEDGE OF ALLEGIANCE Act of 2002, and for other purposes. of his travel schedule and my schedule The Presiding Officer led the Pledge ORDER OF PROCEDURE and the time difference, it has been dif- of Allegiance, as follows: Mr. REID. Mr. President, I ask unan- ficult for us to talk the last 24 hours, I pledge allegiance to the Flag of the imous consent that at 11:45 a.m., the but we were able to speak as he was United States of America, and to the Repub- Senate resume consideration of S. 2363, rushing to an airplane, going from lic for which it stands, one nation under God, the Bipartisan Sportsmen’s Act, and China to Afghanistan. He called me to indivisible, with liberty and justice for all. the Senate proceed to vote on the mo- lament what is going on in the U.S. tion to invoke cloture on the bill; fur- Senate about these nominations. He f ther, that notwithstanding rule XXII, has 53 State Department nominations following the cloture vote, the Senate APPOINTMENT OF ACTING pending—53. proceed to executive session, as pro- PRESIDENT PRO TEMPORE We have problems all over the world. vided under the previous order. We have the Afghan war. We have the The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- problems with Pakistan. We have the clerk will please read a communication pore. Without objection, it is so or- Middle East, which every country there to the Senate from the President pro dered. is in some form of difficulty. We have a tempore (Mr. LEAHY). SCHEDULE problem in the Far East—all kinds of The legislative clerk read the fol- Mr. REID. Mr. President, following problems there. It is all over the news lowing letter: my remarks and those of the Repub- today. We have the situation in Israel. U.S. SENATE, lican leader, there will be a period of The Palestinians—rocket fire coming PRESIDENT PRO TEMPORE, morning business until 11:45 a.m. from Palestine; nondirected missiles, Washington, DC, July 10, 2014. To the Senate: today, with Senators permitted to similar to the Fourth of July. They set Under the provisions of rule I, paragraph 3, speak for up to 10 minutes each during them off. They don’t know or care of the Standing Rules of the Senate, I hereby that time, with the time equally di- where they go. And we are being held appoint the Honorable JOHN E. WALSH, a vided and controlled between the two up here as a country from doing the

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

S4367

.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4368 CONGRESSIONAL RECORD — SENATE July 10, 2014 country’s work as a result of this stall- try, and it is mainly due to the admin- the squeeze our constituents are feel- ing, this obstruction, the constant fili- istration’s failure to enforce immigra- ing. One of our bills would restore the busters we have in the Senate. tion laws and secure the border. 40-hour workweek and reverse a pay We have these Ambassadors who have This is a real crisis. So we are taking cut that is built into ObamaCare. Oth- worked their entire lives. They are a hard look at the proposal the Presi- ers would do things such as increase brilliant. It is hard to be a Foreign dent sent over, but we want to make educational opportunities and put an Service officer, but these men and sure we actually get the right tools to end to policies that prevent women women work very hard all over the fix the problem, and that is not what from getting pay raises when they out- world. They dignify our country. Then we have seen so far from the President. perform their male colleagues. they work their way up to make it to What he appears to be asking for is a One bill I introduced with Senator this ‘‘Super Bowl.’’ They are selected blank check—one that would allow him AYOTTE—the Family Friendly and to be an ambassador, and do you know to sustain his current failed policy. Workplace Flexibility Act—would what happens? They get stalled here— Last night in a speech that at- allow workers to take time off as a stalled. Who are the Republicans hurt- tempted to shift the blame from his form of overtime compensation. It is ing? They are not hurting me. Is this failed approach, he doubled down on a an idea that is tailored to the needs of some payback for me? What about the blank check, which is what he has our modern workforce. It is something President? He has a country to run, a asked for. He led Americans to believe a lot of working men and women say world to take care of, and we are being that the problem could be solved if they want, and there is no reason not held up here. I truly appreciate today. only Congress would pass his last- to provide a little more flexibility to We get two ambassadors. We only have minute request, but it is not that sim- working families. 27 more to go, plus all the other State ple. Much more needs to be done, and Another bill I introduced would re- Department people. the President certainly knows it. His duce the cost and hassle of childcare The Secretary of State is a very busy original letter to Congress called for for working parents by allowing them man. He has been trying for 24 hours to reforms we all know are needed to ad- to write off a home office, even if they tell me how bad the situation is around dress the crisis. Under pressure from happen to have a crib in the room. Cur- the world. He does not have people to the left, he has since backed away from rent law prevents working moms and do this country’s work. Twenty-five these critical reforms, but lawmakers dads from taking that deduction if percent of the Ambassadors in Africa in both parties have not. So he needs to they care for a child while working at are not there. work with us to get the right policy home. This is simply unfair. Making that change is just common So I do not understand this. They into effect, not just throw money at sense, and so are all of the bills we want to hold up some of the President’s the problem—get the right policy into have introduced. effect. nominations to be Assistant Secretary Our middle-class agenda is not built He needs to halt this endless cam- of this or Deputy Secretary of that. It around creating massive government paigning, at least for a moment. With is unfair. But that is fine. What they bureaucracies or taking from one the President actually in the region are doing to these Ambassadors is out- struggling neighbor to give to another. right now, one would think he would be rageous. It is about identifying smart, common- able to carve out just a few minutes to MEASURES PLACED ON THE CALENDAR—S. 2578 sense fixes that can have a significant view the situation on the border for AND S. 2579 impact on the lives of the people we himself. Apparently, though, he has de- Mr. REID. Mr. President, I under- represent—middle-class Americans who stand there are two bills at the desk cided there are more important things have never felt more squeezed. due for a second reading. to do—such as campaigning with Gary There is no reason the President and The ACTING PRESIDENT pro tem- Hart and practicing his bank shot. his Democratic allies should not be pore. The clerk will read the bills by All this continues to make the Presi- able to embrace such commonsense title for the second time. dent look detached from the ongoing ideas too. Unfortunately, President The legislative clerk read as follows: crisis on the border. Even a Democratic Obama’s Democratic majority in the A bill (S. 2578) to ensure that employers Congressman has called it ‘‘bizarre.’’ Senate has blocked just about every- cannot interfere in their employees’ birth Honestly, this is just the latest exam- thing we have proposed—just as they control and other health care decisions. ple of a much broader pattern he has blocked the dozens of bills that have A bill (S. 2579) to require the Secretary of displayed, a pattern that makes him already passed the House of Represent- State to offer rewards totaling up to appear disconnected from the day-to- atives. $5,000,000 for information on the kidnapping day concerns of most Americans. and murder of Naftali Fraenkel, a dual As just about everyone acknowledges The fact is on issue after issue—but at this point, the Democratic-run Sen- United States-Israeli citizen, that began on especially on issues affecting the mid- June 12, 2014. ate has become the place where good dle class—instead of addressing the ideas go to die. The Democratic leader- Mr. REID. Mr. President, what is the huge problems his policies have cre- name of the legislation S. 2578? ship will not even listen to its own ated, the President keeps retreating Members anymore. So it is no wonder The ACTING PRESIDENT pro tem- into the bubble with his favorite left- pore. ‘‘To ensure that employers can- that one Democratic Senator remarked wing pals—the kind of folks who al- that he has never experienced a less not interfere in their employees’ birth ways tell him what a great job he is control and other health care deci- productive time in his life than right doing, and of course that is what they now in the Senate. That was a Demo- sions.’’ do. Unlike most Americans, these are Mr. REID. Mr. President, I object to cratic Senator saying that—never ex- not generally the kinds of people who perienced a less productive time in his any further proceedings with respect to worry about car payments or utility both of these bills. life than right now in the Senate. bills or tuition or medical costs. Well, it is time for Washington The ACTING PRESIDENT pro tem- When the President does try to prove Democrats to stop obstructing jobs and pore. Objection is heard. he is willing to listen to the concerns opportunity for the middle class. They The bills will be placed on the Cal- of average Americans—as he did this need to understand that their powerful endar. week—it is usually little more than a pals on the left will continue doing just RECOGNITION OF THE MINORITY LEADER photo-op. But if the President is truly fine in the Obama economy. It is time The ACTING PRESIDENT pro tem- serious about helping the middle class, to stop worrying so much about them pore. The Republican leader is recog- he will stop trying to convince every- and to start paying more attention to nized. one of that. He will join Republicans to the vast American middle class, to the HELPING THE MIDDLE CLASS actually do something about it because people who feel Washington has not Mr. MCCONNELL. Mr. President, the we have been asking him to join us for been listening to them over the past ongoing humanitarian crisis at the bor- a long time now. It is about time he few years. der seems to be getting worse by the took us up on the offer. I am talking about people whose day. Large numbers of foreign nation- We have already introduced a number wages are stagnant, people who are ei- als are unlawfully entering our coun- of bills aimed squarely at addressing ther unemployed or cannot find work

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4369 to match their skills, and people who vice versa. The same can happen get- Mark Twain once said: ‘‘[In the West] feel the burden of outdated policies ting into Montana. Whiskey is for drinking; Water is for that are diminishing opportunities in This is just a commonsense amend- fighting over.’’ the workplace and leaving them torn ment because it provides parity for So for States such as Wyoming, between the demands of work and fam- bows and firearms. In 2009 Congress water is scarce, and we try to save ily. passed a law to prevent the right of in- every drop. One-size-fits-all Federal Republicans are committed to doing dividuals to bear arms in units of the control like the EPA wants to impose everything we can to deliver relief and national park system and the National won’t work, but Senator BARRASSO innovative new ideas to help these Wildlife Refuge System. This body con- won’t get a vote on his amendment. Americans. I hope President Obama sidered it a commonsense provision be- Another amendment by Senator and Washington Democrats will at fore. Language on this issue was in- WICKER, which I have cosponsored, some point here finally join us in the cluded in the Sportsmen’s Act of 2012, would allow folks to carry firearms on effort. S. 3525, but now the Senate won’t even Corps of Engineers recreational prop- erty. This is another parity amend- f get a chance to vote on whether to add this language to the Bipartisan Sports- ment. But in this case, we would allow RESERVATION OF LEADER TIME men’s Act of 2014. This is the appro- law-abiding gun owners to carry fire- The ACTING PRESIDENT pro tem- priate place for sportsmen’s issues to arms on Corps land just as they can pore. Under the previous order, the be brought up. carry firearms on national park and leadership time is reserved. Second, I offered an amendment with National Wildlife Refuge lands, but Senator WICKER won’t get a vote on his f Senators LEE and THUNE to ensure that those traveling with a properly secured amendment. MORNING BUSINESS knife are not prosecuted under local or I am also supporting an amendment from Senator TESTER to make cabin The ACTING PRESIDENT pro tem- State laws which banned certain knives. This amendment is necessary user fees more affordable and predict- pore. Under the previous order, the able, allowing families to keep their Senate will be in a period of morning because there is a broad patchwork of State and local laws regulating knife cabins on Forest Service land on which business until 11:45 a.m. with Senators some have been for generations. Wyo- permitted to speak therein for up to 10 possession. For example, 36 States allow civilian ming cabin owners shouldn’t have to minutes each, with the time equally di- worry about the Forest Service trying vided between the two leaders or their possession of automatic knives to vary- ing degrees. But there are no restric- to drive them off with ever-increasing designees. fees—sometimes a 300-percent increase Mr. MCCONNELL. Mr. President, I tions at all in 22 States, and in some States possession is a serious crime. in a single year. suggest the absence of a quorum. Incidentally, the Federal Govern- This can be incidental, again, just pass- The ACTING PRESIDENT pro tem- ment pays taxes in lieu of private own- ing through a State. pore. The clerk will call the roll. ership of the land. Those don’t go up by The legislative clerk proceeded to The current situation with knives is 300 percent. It seems to me that if the call the roll. similar to the circumstances that ex- value of the land went up by 300 per- Mr. ENZI. I ask unanimous consent isted for gun owners before the passage cent, the Federal Government’s pay- that the order for the quorum call be of the Firearm Owners Protection Act ment in lieu of taxes would go up by rescinded. of 1986. That law protects law-abiding the same amount. It doesn’t happen. The ACTING PRESIDENT pro tem- gun owners from an inconsistent patch- Wyoming cabin owners shouldn’t have pore. Without objection, it is so or- work of laws, and my amendment pro- to worry about the Forest Service try- dered. vides parity between knife and gun ing to drive them off with ever-increas- f owner. This commonsense amendment ing fees. uses language similar to that used in This amendment provides a con- SPORTSMEN’S AMENDMENTS the 1986 law. sistent, fiscally responsible formula for Mr. ENZI. Mr. President, we are back I have also filed an amendment with how the fees are calculated so families for another week of work, but the play- Senators BARRASSO, CRAPO, HATCH, can spend more time enjoying the out- book hasn’t changed. LEE, MURKOWSKI, and RISCH to require doors instead of worrying about the un- Once again the majority leader has the Department of Interior to suspend certainty of next year’s fees, but Sen- prevented 98 Senators from offering for 10 years the listing decision in ator TESTER won’t get a vote on his amendments to improve a bill he chose States with approved or endorsed sage- amendment. for us to debate. I would like to speak grouse management plans. Wyoming These aren’t the only good amend- for a few moments about some of the has an endorsed and an approved plan, ments to this bill. There have been 80 amendments the Democratic leader and sage-grouse is coming back. A new amendments filed on this bill—about a prevented us from voting on this week. report on numbers just showed an in- third filed by the majority party. Many First, I have been working on amend- crease. The amendment allows States of the amendments are bipartisan, but ments with Senators BENNET, FLAKE, to manage and conserve sage-grouse in it sounds as if only the one chosen by RISCH, SESSIONS, and THUNE to allow a manner that protects their jurisdic- the majority leader is going to get a bows and archery equipment to be tion over State wildlife and takes into vote. transported through the national account local stakeholders. I am sad to say no one should be sur- parks. This bipartisan effort is nec- I believe it is related to the under- prised by this because it has become essary because some bow hunters need lying bill because of the substantial par for the course. In 2005 and 2006 the to travel across national parks to get impact a sage-grouse listing would Senate voted on almost 700 amend- to land where they intend to hunt. have on sporting and recreation in ments on the Senate floor. In 2011 and It is also important for our archery Western States. Incidentally, even 2012 it was about half that, around 350 competitors who currently have to go though they say there is a sage-grouse amendments. In the past year the ma- out of their way to avoid national problem, the bag limits for hunting jority leader has allowed only 11 Sen- parks to get to their tournaments. A them have not gone down. ate Republican amendments. Let me lot of people don’t realize that Yellow- I have also cosponsored some amend- repeat that. In the past year the major- stone National Park, which is in the ments that would improve this bill. ity leader has allowed votes on only 11 upper left-hand corner of Wyoming, is One of these amendments by Senator Senate Republican amendments. Over about the size of Connecticut. To get to BARRASSO would prevent the EPA from that same period of time the House has Idaho, sometimes you have to go 250 regulating all bodies of water—even voted on 169 Democratic amendments. miles out of your way if you can’t go ones that are dried up, even ones that How can the House, which has more through the park. There is a lot of are seasonal—no matter how small and constraint than the Senate, have that competition between Wyoming and regardless of whether the water is on many more votes for the minority Idaho when it comes to archery and public or on private property. party—169 to our 11? The majority

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4370 CONGRESSIONAL RECORD — SENATE July 10, 2014 party in the Senate isn’t faring any that vote and all of the others that I proven investments in children that better. I am told the majority leader mentioned this morning. help prevent crime in the first place. has only allowed his own party to have Mr. President, I yield the floor and The result has been a cycle of spending seven amendments voted on since July reserve the remainder of our time. and incarceration that has led to the of last year. In fact, my friends on the The ACTING PRESIDENT pro tem- ballooning of this Federal prison bu- other side of the aisle haven’t gotten a pore. The Senator from New Jersey. reaucracy, more than one-quarter of a vote on one of their amendments in Mr. BOOKER. Mr. President, I rise to trillion dollars a year from our econ- over 100 days—and they are in control. speak about our Nation’s broken crimi- omy going to unproductive and even To prevent us from offering amend- nal justice system, a system that has counterproductive uses. ments, the majority leader has used a taken an unimaginable and I believe Our country’s misguided criminal tactic called filling the amendment unsustainable toll on our Nation. justice policies place an economic drag tree. In the last 8 years he has used The United States remarkably is on local communities and on our Na- this tactic 90 times. By comparison, home to between 4 and 5 percent of the tion’s global competitiveness. Remem- the last six majority leaders combined entire globe’s population, but we have ber, if we are putting 25 percent of the only filled the tree 40 times in over 16 25 percent of the world’s prison popu- globe’s prison population in our Amer- years. So the last 8 years, 90 times; the lation. This phenomenon is unaccept- ican prisons, paying the price for that, previous 16 years, 40 times. able, that the land of the free would our competitive democracies, our com- Almost half of the Senate has been have 25 percent of the globe’s impris- petitive economies aren’t paying that here less than 6 years. Forty-five of the oned people. What is startling about price, we are paying this egregious 100 Senators are in their first term, so that is the majority of those people are price, and it is not making us any more they may think this is the way the nonviolent offenders. In fact, the ma- safe. In fact, I would say it is making Senate does business. I say to those jority are nonviolent drug offenders. us less safe as a community. Senators, there is a better way. We This phenomenon has largely Many of my colleagues in this body, need to be able to vote on amendments. emerged since around 1980, a period I am proud to say, recognize the urgent need for reform and have already put We need the bills to go to committee. during which the Federal prison popu- forth pieces of legislation that seek to We need to have bills come to the floor. lation has grown nearly tenfold. Since improve various parts of this broken We need amendments both places. All 1980 we have seen a 10-time increase in system. I am grateful and I applaud the 100 Members of the Senate should have our prison population. Again, if we bipartisan efforts that exist in this an opportunity to improve the bills we were locking up violent offenders, peo- body amongst my colleagues—Senators consider because each of us looks at ple who are terrorizing our streets or LEAHY, FLAKE, DURBIN, LEE, WHITE- every proposal from a different point of inflicting vicious and violent harm on HOUSE, LANDRIEU, FRANKEN, and oth- view and different experience. When all our communities, then ridding our ers—who stand up to say: We have to the decisions are made by the majority streets of such dangerous criminals would be understandable and it would save taxpayer dollars, we have to ele- leader, the vast majority of Americans vate human potential, and we have to be a price worth paying. But that is not get shortchanged. This won’t change make our streets safer. the story of this unbelievable explosion unless those who are here exercise our So to build off the momentum of rights. of our Federal prisons and our Nation’s these leaders in the Senate, I join with It is time for the 99 Senators who are incarcerated people. The reality is that Senator RAND PAUL to introduce today being denied the opportunity to rep- nearly three-quarters of Federal pris- the RECORD Expungement Designed to resent their constituents to stand up to oners are nonviolent and have no his- Enhance Employment—or REDEEM— the leader and insist on amendments. tory of violence whatsoever. Act. This bipartisan legislation will es- We should all demand that we be al- What is worse and what is anguishing tablish much needed, sensible, prag- lowed to do our jobs. That will show up is that once they are convicted of a matic reforms that keep kids out of an in votes, and it has shown up in votes. crime, American citizens then face adult system in the first place, protect When our side doesn’t get amendments, daunting obstacles to successfully re- their privacy so a youthful mistake we don’t let the bill pass. We have that join society, to being able to raise their can remain a youthful mistake and not capability, and the minority needs that family, put food on the table, provide haunt young people throughout their capability in order to get control of sit- for themselves. As a result of that, our lives, and help make it actually less uations such as this. State and Federal prison exits have likely that low-level nonviolent offend- We need to be able to vote on amend- now become revolving doors, with two ers reoffend. ments. It has been the process of this of every three ex-offenders getting re- Among other measures, our bill body for the history of the United arrested within 5 years. Two-thirds of incentivizes States to raise the age of States, with unlimited debate in the those nonviolent folks leaving our pris- original jurisdiction for criminal Senate. Occasionally, when the debate ons come back within 5 years. courts to 18 years old. Trying juveniles has gone on for 2 or 3 days or 2 or 3 When ex-offenders return to prison who have committed low-level, non- weeks, there has been the exercise we again and again, they are not just pay- violent crimes as adults is counter- see here but not at the start of a bill so ing a price; we all are paying the price. productive. They don’t emerge from that no amendments can be voted on. We are contributing so much of our na- prison reformed and ready to re- It doesn’t take very long to vote if tional treasure to rearresting the same integrate into a high school. The crimi- you get to vote. But what we are going people over and over, to reincarcer- nal record they have won’t help them through is a process of negotiations to ating the same people over and over. A as they try to get a job. We need a sys- see if the majority leader can pick the recent Pew report concluded that if tem that treats juveniles toughly but votes for the minority party. That is just 10 States cut their recidivism just fairly and with an eye toward a produc- not right. That hasn’t happened, and 10 percent, it would save taxpayers $470 tive adulthood, with an eye toward re- we don’t intend to let it happen. million—money this Nation urgently storative justice. It is time that we have our amend- could use either to keep in the pockets For kids in the dozen States that ments, particularly amendments that of taxpayers or invest in things such as treat 17- and even 16-year-olds as are relevant to the bill. This is the lowering the cost of college or in our adults, no longer would it be likely sportsmen’s bill. I am talking about roads and bridges or our crumbling in- that getting into a scuffle at school the right to take archery equipment frastructure. would result in an adult record that through a national park. We can do As hard-working, taxpaying Ameri- could follow an individual for the rest that with guns, but we can’t do that cans have increased the fund for our of their life, restricting access to a col- with bows? Some of those parks are prisons, funding more and more, there lege degree, limiting employment pros- pretty big, and you have to go 250 miles have been fewer and fewer resources pects, and increasing the likelihood of out of the way to get around them. left for these other crucial parts of our engaging in further criminal activity. That shouldn’t be imposed on sports- society—fewer resources for law en- It is time that we empower our chil- men. They ought to have the right to forcement, fewer resources for rehabili- dren to succeed, not undermine their do that, and we are going to be denied tative programs, fewer resources for long-term prospects for life’s success.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4371 The REDEEM Act also enhances Fed- I urge my colleagues to support the But I will tell you that many of my eral juvenile record confidentiality REDEEM Act so we can make our com- constituents—Republicans and Demo- provisions and provides for automatic munities safer and stronger and truly crats alike—and many of my col- expungement of records for kids who be a nation that savors and values free- leagues in the Congress are wondering: commit nonviolent crimes before they dom and empowers its citizens to live Why would the President show such lit- turn 15 and automatic sealing of productive, strong lives of contribu- tle respect for what the communities records for those who commit non- tion. along the border are experiencing as violent crimes after they turn 15. Mr. President, I yield the floor, and I they try to deal with this humani- It will also ban the very cruel and note the absence of a quorum. tarian crisis? Why would the President counterproductive practice of juvenile The ACTING PRESIDENT pro tem- show such little respect for the Border solitary confinement that can have im- pore. The clerk will call the roll. Patrol, FEMA, and other Federal ac- mediate and long-term detrimental ef- The assistant legislative clerk pro- tors that are trying to help these com- fects on youth detainee mental and ceeded to call the roll. munities deal with this crisis? It just physical health. In fact, the majority The ACTING PRESIDENT pro tem- does not add up. of suicides by juveniles in prisons hap- pore. The Republican whip is recog- Since the President so stubbornly re- pens by young people who are in soli- nized. fuses to visit the border even though he tary confinement. Other nations even Mr. CORNYN. Mr. President, I would is in Texas and has been there for the consider it torture. ask unanimous consent that the order last 2 days, people have asked me: Well, For adults, this legislation offers the for the quorum call be rescinded. if the President showed up, what would first broad-based Federal path to the The PRESIDING OFFICER. Without he see? sealing of criminal records. A person objection, it is so ordered. First of all, he would learn this crisis who commits a nonviolent crime will f is in large part a product of the Presi- be able to petition a court and make dent’s own policy judgments, particu- his or her case. SPRING, TEXAS larly starting with the ICE memo in Furthermore, employers requesting a Mr. CORNYN. Mr. President, before I 2011, the so-called Morton memo No. 1, background check from the Federal begin my prepared remarks today I then the Morton memo No. 2, and then Bureau of Investigation will be pro- want to offer my sympathy to the com- the deferred action Executive order vided with only relevant and accurate munity of Spring, TX. Last night in saying that certain young people would information thanks to a provision that this quiet suburban area north of Hous- will protect job applicants by improv- never be returned to their country of ton they experienced the horrific mur- ing the quality of the Bureau’s back- origin but the President will act alone ders of six people. It is reported that ground check. to defer action against them. Think about this: 17 million back- four of these people who were killed Then there is the continued discus- ground checks were done by the FBI were young people. As we move forward sion the President has here in Wash- last year, many of them for private in the days and weeks ahead I hope we ington that says he wants to go even providers, and upward of half of them will keep these victims and the com- further. So I think one of the things were inaccurate or incomplete, often munity in our thoughts and prayers. the President would learn is that peo- causing people to lose a job, miss an f ple actually pay attention to what he is saying. The impression is that he is economic opportunity, and be trapped BORDER CRISIS with few options to address the basic not going to faithfully execute the law. Mr. CORNYN. Shifting to a different economic security that could lead So the children continue to come, part of my State where they are experi- someone to reoffend in order to feed a and they will continue to come until encing another type of crisis, every day child. The REDEEM Act lifts a ban on we fix the problem. The President has this week I have come to the floor and receiving Supplemental Nutritional to be an important part of that solu- spoken on President Obama’s refusal to Assistance Program, or SNAP, bene- tion. travel to the southern border of Texas As I have said before, these young fits. These benefits were conceived in a where a humanitarian crisis continues children traveled through some of the way that should empower people when to unfold. Those aren’t just my words; most dangerous territory on the plan- they have to leave, and those convicted those are the President’s words—a hu- et, because the smuggling corridors are of drug use or possession having paid manitarian crisis. controlled by cartels such as the Zetas their dues now have a path to the rein- As I have said before, the President and these cartels are in the business of statement of those benefits so that has been in Dallas; he has been in Aus- crime—smuggling people, drugs, weap- they can get their lives together so tin, where he spent the night last ons, you name it—smuggling women they can be empowered and successful. Taken together, these measures will night; and he is there this morning for sex slavery and human trafficking. help keep kids who get in trouble out speaking, reportedly, on the economy. They don’t really care about the of a lifetime of crime and help adults Why he persists in his refusal to travel human element. They care about the who commit nonviolent crimes become to the border really is beyond my money. Migrants who travel across more self-reliant and less likely to re- imagination. I just don’t understand it. Mexico from Central America are sub- offend. The fact that the President has himself jected to rape and kidnapping—where The time to act is now. We cannot af- described it as a humanitarian crisis they are held for ransom so their rel- ford to let our criminal justice system makes this even more strange. atives will pay off the cartels to let continue to grow at the rate that it is. People can infer whatever they want them go and continue their journey. We cannot afford to sap billions of tax- to about his potential motivations. I We don’t know how many of the chil- payer dollars from a broken system don’t know whether it means he dren that start this long journey from that is locking people up and then doesn’t really understand it, whether Central America—some 1,200 miles doing nothing to empower them to suc- his handlers have kept him in the bub- from Guatemala City to McAllen, TX, ceed. We are wasting human potential ble so much that simply the facts are alone—how many of them die in the and human productivity. We are hurt- not getting through to him or whether process and never make it. So the ing our economy, and by trapping peo- he is surrounded by political advisers 52,000-plus so far who have been de- ple without options, we often end up who say: This is going to be a political tained at our southwestern border making our communities less safe. liability for you, Mr. President. Don’t since October are the ones who made We have seen how other individual travel there. If you show up and have the trip successfully. We don’t know States are doing things to address this your picture taken with these children how many children and their parents issue and are actually lowering recidi- who are traveling by the tens of thou- have died in the process. vism and lowering their prison popu- sands unaccompanied from Central I do know—having traveled to Brooks lation and on top of it lowering actual America to Mexico, you will own the County, Texas—that I have seen some crime in their States. It is time that problem. I don’t know whether that is of the grave sites of unknown migrants the Federal Government act to do the the advice he is getting. Surely it can- who have actually died trying to get same. not be that he doesn’t care. through—to get past the Border Patrol

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4372 CONGRESSIONAL RECORD — SENATE July 10, 2014 checkpoint at Falfurrias, for example. Obama was changing his policies and I is coming. They have detained 418,000 So I am sure, tragically, that many mi- would be able to stay if I made it.’’ people last year alone. That number is grants don’t make it and die in the Since the President decided not to growing, and they are mainly coming process. make the short trip from Austin or through the Rio Grande sector—418,000 There is a powerful incentive for peo- Dallas to McAllen, TX, I wanted to people from 100 different countries. ple to travel to the United States. Ob- share a few stories about what I saw If you go to Brooks County and look viously, we understand people who there when I visited. I had a chance to at some of the rescue beacons—they want opportunity, people who are try- visit the McAllen Border Patrol sta- have actually put out rescue beacons. ing to flee violence. But the President tion, one of the busiest and most If an immigrant is so sick or suffering has effectively encouraged children and crowded of the facilities which are try- from exposure or dehydrated, they can their parents to make this treacherous, ing to deal with this surge of unaccom- hit the rescue beacon and a light will life-threatening journey by suggesting panied minors. I met another 13-year- go off and the Border Patrol will rescue that he won’t enforce the law. The old boy who had just arrived from Cen- them. If they are at risk of losing their President himself admits that even tral America. We asked him to come lives, sure, they may not want to be under his deferred action order—his out of the detention cell that was so caught, but they would rather be Executive order that he issued in 2012— jam-packed with teenage boys that no- caught than die due to exposure. Those these children wouldn’t be covered, but body even had space to lay down and rescue beacons are not just written in they come because they have the im- sleep. I hate to think about how Spanish and English, they are also pression that they will be allowed to unhygienic those circumstances are. written in Chinese. stay once they make it here. But this young 13-year-old boy—we Yesterday I said I don’t know a lot of The New York Times recently re- asked him, through a wonderful young Chinese speakers from Brooks County, ported the story of one 13-year-old woman who works with me in my Har- TX. It is a small rural county. The rea- Honduran boy who was detained in lingen general office in South Texas son that rescue beacon is written in Mexico trying to reach the United who asked him in Spanish: ‘‘Where are Chinese, among other languages, is be- States. The Times reported that this your parents?’’ He said, ‘‘They are both cause people can come from all over young boy said his mother believed the dead.’’ It was heartbreaking. I think the world through the southern border Obama administration had quietly the President would benefit from see- of Mexico into the United States. changed its policy with regard to unac- ing and talking to young victims of There were 418,000 people detained from companied minors and that if he made this trafficking like this Honduran more than 100 countries. Admittedly, it across, he would have a better shot boy. most were from Mexico and Central at staying. And, in fact, that is proving As I said, inside these facilities there America, but they also come from na- to be true. are dozens of children packed into tions that are state sponsors of inter- So many of these children are now, holding cells, with one toilet, that are national terrorism, which is why Gen- because of a 2008 law, placed with rel- meant for just a few people. There were eral Kelly, the head of Southern Com- atives here in the United States who young women only 15 years of age who mand, said this is a national security themselves may not be legally present. were pregnant, some of whom already threat. They are given a notice to appear for a had babies that they were nursing. The The President would learn more subsequent court hearing and the over- babies were clothed only in diapers and about this if he took the trouble to go whelming number of them never show sleeping on cement floors. Unless you to the border and talk to people such up. Having done so, they have made it see it for yourself, I don’t think you as Chief Oaks and learn of the chal- because we don’t have the resources. get a full appreciation of the nature lenges they dealing with day in and We certainly don’t have the laws on and scope of this process. That is some- day out. They are doing the best they the books necessary to fill this hole thing I think the President could ben- can, but they simply don’t have the re- that the cartels are exploiting and that efit from. sources or the manpower to handle this is what we need to work on together as Conditions are so bad they are hous- influx, particularly of unaccompanied part of this supplemental appropriation ing people in a garage at the Border children. to try to fix. We cannot just vote for Patrol facility. I don’t have to tell the I am told that because the Border Pa- more money when the cause of the Presiding Officer, but it is hot in Texas trol has to deal with these children and problem that needs fixing remains in July, and you can imagine what the make sure they are taken care of— unfixed. conditions are like in that garage. which they should be—they are not The cartels are happy to tell parents: There must have been 100 people basi- interdicting illegal drugs coming Yes, send your kids to America, turn cally sitting or standing on that garage across the border, and that should con- them over to us, write us a check for floor because they simply don’t have cern all of us. $5,000—or whatever the amount is—and the capacity to deal with them. They I ask unanimous consent for an addi- maybe they will be able to escape Cen- simply don’t have the capacity to deal tional 5 minutes. tral America and make it to the United with them, and they certainly don’t The PRESIDING OFFICER (Mr. States. For every one of the parents have the capacity to deal with the BOOKER). Without objection, it is so or- who take the cartels up on that deal, numbers that are coming through. dered. for every one of the children subjected I wish to do something that I wish Mr. CORNYN. I thank my colleague to this horrific journey from Central the President of the United States from Maine for his courtesy. America to the southern part of the would do in person by traveling to This is something I hope my col- United States, the cartels are making McAllen. I wish to thank the Border leagues who have not spent as much money. So as long as the hole in the Patrol and the leadership of Chief time thinking about this—and that is 2008 law remains unfilled—and the Kevin Oaks, who has been doing a mag- logical because they don’t come from a President certainly hasn’t requested nificent job under very difficult cir- State contiguous to the Mexican bor- we fix it, but we need to do that—we cumstances. I thank all of the Border der or Central America and South will keep spending billions of dollars, Patrol—FEMA and other Federal em- America, but they need to know the and we will continue to see the surge of ployees—who are down there trying to facts, that these areas are now con- unaccompanied minors continue to go help the local community and the trolled by cartels and transnational up. State of Texas deal with this crisis. criminal organizations. In 2011 there were about 6,000 unac- Chief Oaks has maybe one of the One official from the mayor’s office companied minors detained at the toughest jobs on the planet these days. in Ciudad Hidalgo, Mexico, reported— southwestern border. But just since Oc- He is in charge of Rio Grande Valley when talking about the cartels that tober there have been more than 50,000. sector. It encompasses more than 1,700 control the smuggling—that in his city So something is going on here, and this square miles in 19 Texas counties. It ‘‘the Zetas control all trafficking, 13-year-old Honduran boy interviewed shares 320 river miles with Mexico and sending men to recruit women in Cen- for the New York Times story said: 250 coastal miles. This is the sector tral America and sometimes even kid- ‘‘Well, my mom thought President through which this flood of humanity napping migrant women riding the

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4373 buses. They sell the women to truck called, but it will not have ‘‘greatest’’ glected to clarify at the beginning—is drivers for a night and then throw in the title. Instead of a compliment, it the fact that the highway trust fund them away like unwanted scraps.’’ would be more of an epithet. We are goes broke in just a few weeks. The bottom line is there is nothing leaving our children a gigantic na- Funding from the Federal Govern- humane and nothing compassionate tional debt, crumbling infrastructure, ment for highways for infrastructure about encouraging people to travel and a changing climate that threatens around the country will decline pre- through cartel-dominated smuggling their well-being and future opportuni- cipitously starting in August, and routes in hopes of reaching the United ties in this country. around here we are about a patch, States only to find out our law does I rise to talk about one of those fac- about something that will get us not permit them to stay. There is noth- tors; that is, infrastructure. I had a through 2 or 3 months or maybe 8 ing humane about that. There is noth- great insight when I was the Governor months, but nobody is talking about ing compassionate about that. Yet that of Maine because every year Governors solving the problem. Everybody is talk- is the impression. Nobody should be go to New York to go through a cere- ing about all of these convoluted ways traveling to America this way and es- mony of genuflecting and kissing the to avoid the reality that we need to pecially not young children. ring of the rating agencies in order to pay for what we do. We need to pay for This is something the President of try to get our States a high bond rat- our highways, for our roads, for our the United States needs to see. If it is ing so they will have a low interest bridges, and right now we are not doing serious enough for him to call this a rate on their loans. I was all prepared it. humanitarian crisis and ask Congress for my meeting with the rating agen- This is really going to hurt Maine. to appropriate more than $3 billion on cies. I had all kinds of data about how The estimates from our Department of an emergency basis to help pay for ad- prudent Maine was, how low our debt Transportation is that it is going to ditional capacity, it is serious enough level was, how we paid it off in 10 cut our highway funding in our State to warrant his personal attention. I years, and how low our debt level was by 17 percent—almost 20 percent. It is just don’t get it. I really don’t. per capita. I was in the middle of this particularly going to hurt if we don’t I had an occasion to work with Presi- presentation when one of the rating do something in the next month be- dent Obama when he was in the Senate. agency officials stopped me and said: cause we have a short construction sea- I see him less often now that he is over Governor, just because you have low son. If we lose our funding between Au- in that big house on Pennsylvania Ave- debt, if you are not fixing your infra- gust and October, we have effectively nue, but that doesn’t strike me as who structure, that is debt just as if it is lost it for the next 8 or 9 months. It is he is. I wonder what in the world could debt on the books, just as if it is dol- going to impair projects that are ongo- be going on. Is he too wrapped up with lars you owe because the infrastructure ing, and it is going to essentially elimi- living in his bubble? I guess all Presi- is eventually going to have to be fixed. nate—across the country—new high- dents have experienced that. He needs Of course, when it is fixed, the later way and infrastructure projects. to break out of the bubble and find out you do it, the more it is going to cost. By the way, if you are the head of the what is actually happening on the That was an insight for me. Department of Transportation and ground. At the very least, I would We have this sort of mental book- your funding is going to be cut, what think the President would want to keeping where we have the dollars we are you going to do? You are going to take the opportunity to say thank you owe, but we don’t think about a bridge maintain, not invest. Maintaining is to Chief Oaks, the Border Patrol, being fixed as a form of debt. Yet that the bare minimum, but it is not invest- FEMA, and other Federal agencies that is exactly what we have in this coun- ing because investing is where we have are trying to help local communities. try. We are handing our children a gi- our wherewithal to compete in a global The invitation still stands. I think gantic debt on all fronts because we are the President is still in Austin speak- economy. unwilling to pay the bills. It is very revealing to me to compare ing at the Paramount Theater in my I had another exchange once with a hometown where I live now, but he is the funding levels of our infrastruc- fellow who was a clerk in a hardware ture, maintenance, and investment talking about the economy instead of store. This was in the early 2000s, and talking about this crisis. I bet the invi- with other countries. That is a fair I said: What do you think of the tax comparison. It sort of tells us how we tation still stands for him to take the cuts we recently passed? I was just are doing. It puts it in perspective. short trip to McAllen and about an making conversation. Right now our infrastructure invest- hour out of his day to say thank you to He said: There haven’t been any tax the Border Patrol and other Federal cuts. ment is about 2.6 percent of gross do- agencies and see for himself this un- I said: What are you talking about? mestic product—2.6 percent of GDP. In folding—and I would say escalating— You see it all over the news. There are Japan it is 5 percent and in China it is humanitarian crisis. all these tax cuts we just passed in 8.5 percent. It is more than three times I thank the Chair and the Senator Washington. the level in our principal future eco- from Maine for his courtesy. He said: No. No, we haven’t passed nomic competitor. They are investing, The PRESIDING OFFICER. The Sen- any tax cuts. and we are disinvesting because the in- ator from Maine. I said: Don’t you watch the news? frastructure is crumbling faster than INFRASTRUCTURE He said: Look, if you pass tax cuts we are fixing it. Mr. KING. Mr. President, a few years when you are in a deficit situation, all The joke in Maine this winter was ago Tom Brokaw wrote a brilliant and you are doing is borrowing more money the potholes were so bad that instead important book called ‘‘The Greatest and your kids are going to have to pay of filling them, we were going to lower Generation,’’ and he described our fa- for it with interest, so you are merely the roads. That is a joke, but it says thers and grandfathers and mothers shifting the taxes from us to them. something about the seriousness of this and grandmothers and what they did I had never thought about it that issue. Maine is no different than any for this country by coming through the way before. Of course, he was exactly other State. In fact, I would argue we searing fire of the Great Depression, right. If we cut taxes and cut expendi- have some of the best roads in the fighting and winning World War II, and tures at the same time, OK, that is le- country, particularly given the far- then rebuilding our economy in the gitimate public policy, but if we cut flung nature of our State, but this is 1950s. We owe that generation every- taxes and borrow the difference, we are going to hurt us. It is going to hurt thing we have. That generation sac- just shifting the cost to the next gen- every State in the country. Yet we are rificed—I have to repeat that word eration, and that is what we are doing around here trying to avoid talking ‘‘sacrificed’’—on our behalf. We are lit- right now, today, and we are doing it about paying for them. erally standing on their shoulders. We on all fronts. We are doing it in our There are indirect and direct costs. are driving on the highways they built. Federal debt and deficit posture, and Not fixing the highways is costing our We enjoy our freedoms because of their we are doing it in our infrastructure drivers more than an increase in the sacrifice in World War II and in Korea. posture. gas tax in terms of delay, in terms of If Tom Brokaw writes another book This is going to cost all of us. The maintenance of automobiles, in terms about us, I don’t know what it will be subject I am addressing—which I ne- of bent wheels from potholes.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4374 CONGRESSIONAL RECORD — SENATE July 10, 2014 I talked to some people from the know that no matter what we do, and in these days. And not surprisingly, the United Parcel Service, UPS. As to their no matter how much we try to avoid it, list of organizations that support the fleet nationwide, a 5-minute delay per we are going to have to pay our bills; Bipartisan Sportsmen’s Act is equally vehicle—because of congestion, because and to not pay our bills, we have to re- long and diverse. More than 40 organi- of lack of infrastructure investment— alize, is simply passing those bills to zations that span the ideological spec- costs that company $100 million a our kids. That is unethical. It is im- trum have actually endorsed this bill. year—a 5-minute delay. Multiply that moral, it is wrong, and it is not what Mr. President, I ask unanimous con- by everybody in the country and we are our parents and grandparents did for sent that six letters and statements of paying a high price. us. support that I have received on the Bi- The point is, we are paying a high I think we owe the same level of con- partisan Sportsmen’s Act be printed in price, but it is hidden. We do not notice sideration, the same level of sacrifice, the RECORD. it. If we increase the gas tax, every- the same level of realism, the same There being no objection, the mate- body is going to notice that. But that level of paying our bills to our children rial was ordered to be printed in the and grandchildren that we have been is called paying your bills. RECORD, as follows: As a young man, I represented a cli- the beneficiaries of. So I hope, as this debate unfolds in [From the Congressional Sportmen’s ent before the Maine legislature that Foundation, Feb. 4, 2014] was an engineering firm that was owed the next several weeks, that we pay at- a bill by the State of Maine, and for tention to the critical importance in- CONGRESSIONAL SPORTSMEN’S CAUCUS CO- CHAIR INTRODUCES BIPARTISAN SPORTS- some reason it had not been taken care frastructure plays in the competitive- MEN’S ACT OF 2014 of. I ended up appearing before the ap- ness of our society and in the future of propriations committee. This was 40 our children. The ‘‘greatest genera- WASHINGTON, DC.—Today, in a significant advancement for sportsmen and women years ago. But I remember distinctly tion’’ built the Interstate Highway System, and we cannot even keep it across the country, members of the Senate going before the committee and saying: Congressional Sportsmen’s Caucus (CSC) in- Here is this bill and it has to be paid, maintained. That is inexcusable. It is troduced the Bipartisan Sportsmen’s Act of and the members of the committee—by inexcusable, Mr. President, and I am 2014. Introduced by CSC Senate Co-Chair, the way, the senior members were all sorry to be so preachy about this, but Senator Kay Hagan and CSC member Sen- Republicans—they looked at each I think this is a really important issue, ator Lisa Murkowski, this bipartisan legisla- other and said: We have to pay our and I think it goes in some ways to the tive package includes 12 bills that would en- bills. That is called governing, and heart of our politics today where we sure our sportsmen’s traditions are protected and advanced, and addresses some of the right now we are not paying our bills. are trying to do things and accomplish things but not pay for them. The point most current concerns of American hunters It seems to me that is what we have to and recreational anglers and shooters. do. of my comments, though, is: They are going to be paid for; it is just going to The Bipartisan Sportsmen’s Act is cospon- One interesting thing about the gas sored by CSC Vice-Chair, Sen. Mark Pryor tax is—which, by the way, has not been be somebody else, that is, our children and CSC members, Sens. Mark Begich, John increased since 1993, 21 years ago; it and grandchildren, who are going to be Boozman, Dean Heller, John Hoeven, Mary has fallen in value by something like 35 paying that bill. I think we ought to Landrieu, Joe Manchin, Rob Portman, Jon percent because of inflation over that stand up and pay the bills ourselves Tester and David Vitter. period—but the interesting thing about and maintain the infrastructure this Congressional Sportsmen’s Foundation the gas tax is, it is the only tax that is country needs to compete and give the (CSF) President, Jeff Crane praised the in- troduction of this vital legislation. ‘‘We not effectively indexed. By that I mean same opportunity to our children and grandchildren we were given by the thank CSC Co-Chair Senator Hagan and CSC the sales tax, which many States member Senator Murkowski for introducing have—my State does—5 percent. You ‘‘greatest generation.’’ Mr. President, I suggest the absence this bipartisan package of legislation that say: Well, that is fixed over time. It is includes provisions vital to protecting our of a quorum. not indexed. But it is because the value hunting and angling traditions in the U.S., The PRESIDING OFFICER. Will the of goods to which the sales tax applies which the CSC and organizations within the Senator from Maine withhold his sug- goes up over time. On a hundred-dollar sportsmen’s community have been working gestion? tire, the sales tax, at 5 percent, is $5. on for years.’’ Mr. KING. I withhold my suggestion. The Bipartisan Sportsmen’s Act contains But 5 years from now, that tire is prob- The PRESIDING OFFICER. The Sen- six bills that are also found in the Sports- ably going to cost $110, so it is going to ator from North Carolina. men’s Heritage and Recreational Enhance- be higher revenue. It is the same thing f ment (SHARE) Act (H.R. 3590), which has with the income tax. It may be at a been introduced in the House of Representa- flat level—22 percent or 15 percent or in BIPARTISAN SPORTSMEN’S ACT tives by House CSC Co-Chairs, Representa- Maine 5 or 6 percent—but incomes go Mrs. HAGAN. Mr. President, in a few tives Bob Latta and Bennie Thompson and up, so revenues go up proportionately minutes the Senate will vote on wheth- Vice-Chairs, Representatives Rob Wittman to the changes in the economy. er to invoke cloture on the Bipartisan and Tim VValz. Similar provisions include The gas tax is a fixed number—18.4 protecting traditional lead ammunition and Sportsmen’s Act of 2014—legislation I fishing tackle from unwarranted regulation cents. That is what it has been since have introduced with my friend and under the Toxic Substances Control Act, 1993. It does not change at all. Do you colleague from Alaska, Senator LISA amending the Pittman-Robertson Act to al- think, Mr. President, the cost of build- MURKOWSKI. locate a greater proportion of funding for ing a road is the same today as it was At a time when Washington is stuck shooting ranges, allowing film crews of five in 1993—21 years ago? The answer is no. in political gridlock, I am proud to or fewer persons on federal lands with an an- We have to grapple with this. To me, have partnered with Senator MUR- nual permit for $200, and allowing the Sec- what bothers me about this is it is part KOWSKI to develop this sportsmen’s retary of Interior to authorize a permanent of a pattern. I started with Tom package that is cosponsored by 46 of electronic duck stamp, among others. Brokaw and the ‘‘greatest generation.’’ ‘‘I am proud to have partnered with Sen- the Senators here in this Chamber—al- ator Lisa Murkowski to develop the bipar- If you think of the legacy that ‘‘great- most half of this body—19 Democrats, tisan Sportsmen’s Act of 2014,’’ said CSC Co- est generation’’ left us—because they 26 Republicans, and 1 Independent. Chair, Sen. Kay Hagan. ‘‘In North Carolina, were willing to make sacrifices on our We actually put politics aside to get hunting, fishing and shooting are a way of behalf—and then you say: What is the behind a bill that benefits tens of mil- life. Many of these traditions have been legacy of our generation? it is debt and lions of hunters, anglers, and outdoor handed down through my own family, and it is crumbling infrastructure and it is enthusiasts across our country—a bill I’m proud that our bill protects these activi- the crippling of our ability to compete that protects our outdoor traditions ties for future generations while ensuring in a globalized economy. Shame on us. for future generations and ensures the that outdoor recreation can continue to sup- I do not know exactly what the an- port jobs and local economies across the outdoor recreation economy can con- country. At a time when Washington is swer is. I do not know whether it is a tinue to support jobs and local commu- stuck in political gridlock, our bill dem- gas tax, a mileage tax, a change of the nities in our States nationwide. onstrates that Democrats and Republicans tax to the wholesale level as opposed to This kind of widespread bipartisan can work together to find common ground, the retail level. I do not know. But I do support has been virtually unheard of and I look forward to working with Senator

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4375 Murkowski to advance this package through Permanent Electronic Duck Stamp Act of hunting, ethics in the field, and giving of the Senate and into law.’’ 2013 (S. 738), authorizing the U.S. Fish and their money, time and energies to enhance In addition to the bills shared by H.R. 3590, Wildlife Service to allow any state to pro- wildlife conservation and education. priorities in the Bipartisan Sportsmen’s Act vide federal duck stamps electronically. We are now delighted to learn you are include: reauthorization of the Federal Land North American Wetlands Conservation working together to introduce bipartisan Transaction Facilitation Act, which allows Act Reauthorization (S. 741), reauthorizing pro-hunting and pro-conservation legisla- the Bureau of Land Management to sell land through fiscal year 2017 NAWCA, which pro- tion. Your ongoing effort to introduce bi-par- to private owners for ranching, community vides matching grants to organizations, tisan legislation is a monumental step in development, and conservation projects; re- state and local governments, and private breaking the deadlock that hunters have felt authorization of the North American Wet- landowners for the acquisition, restoration in previous legislative efforts. lands Conservation Act; and ‘‘Making Public and enhancement of wetlands critical to the Improving hunting opportunities across Lands Public,’’ which requires that 1.5% of habitat of migratory birds. the U.S., being good role models for other fe- the Land and Water Conservation Fund be National Fish and Wildlife Foundation Re- male hunters, and improving funding for wildlife conservation has been a priority used for ensuring recreational public access authorization (S. 51), reauthorizing NFWF, a goal throughout our lives. We are proud to to federal public lands that have signifi- nonprofit that preserves and restores native see your leadership as fellow female hunter- cantly restricted access to fishing and hunt- wildlife species and habitats. conservationists in the U.S. Senate. Further- ing. Hunting, Fishing and Recreational Shoot- more as leaders of the Congressional Sports- ‘‘Senator Hagan and I have been able to ing Protection Act (S. 1505), exempting lead men’s Caucus and of the Energy and Natural combine the best of the bills from our indi- fishing tackle from being regulated under Resources Committee, your colleagues are vidual packages to support outdoor recre- the Toxic Substances Control Act. all looking to you for guidance on good pub- ation and created a truly bipartisan package Target Practice and Marksmanship Train- lic policy for hunting and conservation. We that will improve access to public lands for ing Support Act (S. 1212), enabling states to applaud your efforts and we are anxious to anglers, hunters, and recreational shooters allocate a greater proportion of federal fund- see you reach your legislative goals. across the nation,’’ Sen. Murkowski said. ing to create and maintain shooting ranges. Our organization, Safari Club Inter- ‘‘I’m hopeful that the Senate can follow suit Prominent sportsmen’s groups commended national, has an office in Washington, DC and work together to pass a sportsmen’s the bill. which we trust is working closely with your package this Congress, because these are ‘‘Pope and Young Club, speaking on behalf staffs to see your legislation become law. As some of the last remaining ’easy’ issues that of bowhunting, is excited to see the bipar- fellow female hunters, thank you for your enjoy widespread support here on Capitol tisan support for the Bipartisan Sportsmen’s leadership and demonstrating that we all Hill.’’ Act of 2014,’’ said Mike Schlegel, conserva- have a vested interest in our hunting herit- The SHARE Act is expected to be voted on tion committee chairman of the Pope & age and wildlife conservation. in the House of Representatives on February Young Club. ‘‘This act contains titles that Sincerely, 5. CSF will continue to work with our bipar- address key issues of concern within the con- Pamela S. Atwood, Diana Award Winner tisan partners in the CSC to advance these servation community nationwide.’’ 1997; Jackie Bartels, Diana Award Win- sportsmen’s priorities through Congress. ‘‘The Bipartisan Sportsmen’s Act of 2014 ner 2007; Suzie Brewster, Diana Award would expand hunter access and enable ac- Winner 2010; Deb Cunningham, Diana [From the Media Center, Feb. 4, 2014] tive habitat management, including con- Award Winner 2002; Abigail Day, Diana SENATE SPORTSMEN’S BILL UPHOLDS PUBLIC servation of some of the nation’s most valu- Award Winner 2008; Olivia Nalos Opre, ACCESS, CONSERVATION able federal lands,’’ said Becky Humphries, Diana Award Winner 2014; Charlotte M. executive vice president of conservation for WASHINGTON—A bipartisan legislative Peyerk, Diana Award Winner 2011; Bar- package introduced today in the U.S. Senate the National Wild Turkey Federation. ‘‘The bara Sackman, Diana Award Winner would increase public access opportunities National Wild Turkey Federation strongly 1999; Sandra Sadler, Diana Award Win- and advance conservation and is drawing supports this pro-sportsmen legislative pack- ner 2005; Renee Snider, Diana Award widespread support from prominent sports- age.’’ Winner 2012; Ingrid-Poole Williams, men’s groups, the Theodore Roosevelt Con- ‘‘More than 140 million Americans partici- Diana Award Winner 1998. servation Partnership announced today. pate in outdoor recreation activities, includ- The Bipartisan Sportsmen’s Act (S. 1996), ing hunting and fishing,’’ said Ducks Unlim- NATIONAL SHOOTING introduced by Sens. Kay Hagan and Lisa ited CEO Dale Hall. ‘‘DU appreciates the bi- SPORTS FOUNDATION, INC., Murkowski, attracted an impressive range of partisan effort of this bill in bringing to Newtown, CT, June 11, 2014. co-sponsors, including Sens. Mark Begich, light the economic impact and importance of Senator KAY HAGAN, John Boozman, Dean Heller, John Hoeven, sportsmen and -women to the United States. U.S. Senate, Mary Landrieu, Joe Manchin, Rob Portman, We are also grateful for its inclusion of the Washington, DC. Mark Pryor, Jon Tester and David Vitter. North American Wetlands Conservation Act, DEAR SENATOR HAGAN: The National ‘‘The Theodore Roosevelt Conservation which is an ideal model for successful pri- Shooting Sports Foundation (NSSF) is the Partnership supports the bipartisan sports- vate-public partnerships.’’ trade association for the firearms, ammuni- men’s package led by Senators Hagan and ‘‘Bipartisanship requires compromise,’’ tion, hunting, and recreational shooting Murkowski,’’ said TRCP President and CEO said Dr. Steve Williams, president of the sports industry. On behalf of our over 10,000 members, I would like to express our appre- Whit Fosburgh. ‘‘Sportsmen rely on both the Wildlife Management Institute and former ciation to you for your leadership and sup- conservation of important habitat and, just director of the U.S. Fish and Wildlife Serv- port in co-sponsoring the ‘‘Bipartisan as important, reasonable access to that habi- ice, ‘‘and this bipartisan bill encompasses Sportsmen’s Act of 2014’’ (S.2363). tat to enjoy productive days afield. This many of sportsmen’s priority issues. While not all of our needs are addressed, we com- As you know, S. 2363 is simply the most package includes bills that achieve both of important package of measures for the ben- those goals. mend our Senate leaders for introducing leg- islation that speaks to the values—respon- efit of sportsmen in a generation. This pack- ‘‘Hunting and fishing directly contribute age of pro-sportsmen legislation will pro- more than $86 billion to the U.S. economy sive natural resources management, con- servation and increased access opportunities mote, protect, and preserve our cherished each year and support approximately 1.5 mil- outdoor activities of hunting and the shoot- lion non-exportable jobs,’’ Fosburgh contin- among them—that are central to our out- door traditions.’’ ing sports. ued. ‘‘Sportsmen also are integral to the This vital piece of legislation will prevent broader outdoor recreation and conservation anti-hunting groups from taking away the APRIL 8, 2014. economy, which is responsible for $646 billion right of hunters to use the ammunition of Re Promoting Legislation to Improve Hunt- in direct consumer spending annually.’’ their choice, provide state fish and game ing in America The Senate legislation includes the fol- agencies with more flexibility to use Pitt- lowing: Senator KAY HAGAN, man-Robertson funds to build and maintain Recreational Fishing and Hunting Heritage Congressional Sportsmen’s Caucus, Co-Chair, badly needed public shooting ranges so that Opportunities Act (S. 170), requiring federal Washington, DC. tens of millions of recreational target shoot- land managers to consider how management Senator LISA MURKOWSKI, ers will have a place to safely enjoy their plans affect opportunities to engage in hunt- Energy and Natural Resource Committee, Rank- sport and hunters will have places to sight in ing, fishing and recreational shooting and re- ing Member, Washington, DC. their firearms for the hunting season. The quiring the Bureau of Land Management and DEAR SENATORS HAGAN AND MURKOWSKI, bill will also help facilitate and provide for the Forest Service to keep BLM lands open We write you to express our sincere grati- more access to public lands and waters for to these activities. tude for your leadership during the 113th hunting, recreational fishing, and shooting. Making Public Lands Public, requiring Congress for hunting and conservation. Indi- It will also prohibit additional fees for com- that 1.5 percent of annual Land and Water vidually you introduced pro-hunting and mercial filming on federal lands and water- Conservation Fund monies be made available conservation legislation. Collectively we are ways. to secure public access to existing federal all recipients of the Diana Award. This Companies in the United States that man- lands that have restricted access to hunting, award is bestowed on one female huntress ufacture, distribute, and sell firearms, am- fishing and other recreational activities. annually for their achievement in big game munition, and hunting equipment employ as

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4376 CONGRESSIONAL RECORD — SENATE July 10, 2014 many of 112,000 people in the United States thorization of NWFW will ensure continued so hard to achieve on behalf of sportsmen and are responsible for as much as $37.7 bil- substantial leveraging of federal dollars in this week. Pass a strong sportsmen’s bill. lion in total economic activity in the coun- the protection of species and habitats that Sincerely, try. In these difficult economic times the sportsmen depend on. Collin O’Mara, President and CEO, Na- firearms, ammunition, and hunting indus- Permanent Electronic Duck Stamp Act tional Wildlife Federation; Whit Fosburgh, tries are still one of the few domestic indus- This title gives the Secretary of the Inte- President and CEO, Theodore Roosevelt Con- tries that has grown its profits while also rior authority to permanently authorize servation Partnership; Scott Kovarovics, Ex- contributing increased tax revenues. We as electronic duck stamps. For 80 years duck ecutive Director, Izaak Walton League of an industry appreciate your continued sup- stamps have served a dual role, both as a li- America; Chris Wood, President and CEO, port of legislation to protect the hunting and cense to hunt waterfowl and as one of the Trout Unlimited. shooting sports. most effective and important programs to Mrs. HAGAN. I also want to share I want to thank you again for co-spon- protect wetland and wildlife refuge habitat. some excerpts from these letters and soring this important legislation. Thank you For every dollar spent on federal duck statements. for your service on behalf of America’s hunt- stamps, 98 cents goes to acquiring or leasing This one is from the National Shoot- wetland habitat for protection in the Na- ing, shooting, and conservation community. ing Sports Foundation. The Bipartisan Sincerely, tional Wildlife Refuge System. Permanently LAWRENCE G. KEANE. authorizing the electronic duck stamp will Sportsmen’s Act ‘‘is simply the most significantly increase both access to hunting important package of measures for the THE WILDERNESS SOCIETY, licenses for sportsmen and protection of high benefit of sportsmen in a generation. Washington, DC. quality habitat for waterfowl and other spe- This package of pro-sportsmen legisla- DEAR SENATOR, On behalf of The Wilder- cies. tion will promote, protect, and pre- ness Society and our 500,000 members and Further, the legislation does not include serve our cherished outdoor activities supporters, I am writing to express our sup- any of the provisions included in H.R. 3590, of hunting and the shooting sports.’’ port for S. 1996, the Bipartisan Sportsmen’s the Sportsmen’s Heritage and Recreational The CEOs of the National Wildlife Act of 2014, sponsored by Senator Hagan. We Enhancement Act, that would undermine the believe that hunting and fishing are impor- integrity of America’s National Wilderness Federation, Theodore Roosevelt Con- tant uses of our public lands, and this legis- Preservation system. servation Partnership, Izaak Walton lation would advance several vital programs For these reasons, we urge you to support League of America, and Trout Unlim- which would both safeguard sportsmen’s ac- S. 1996, the Bipartisan Sportsmen’s Act. ited, in one letter, wrote: The Bipar- cess to world class hunting and angling op- Sincerely, tisan Sportsmen’s Act of 2014 ‘‘includes portunities while simultaneously supporting ALAN ROWSOME, valuable provisions to conserve fish many programs that protect the high quality Senior Director of Gov- and wildlife habitat and expand public fish and wildlife habitat upon which sports- ernment Relations access for hunters and anglers. We for Lands, The Wil- men rely. know that time on the floor of the Sen- The Wilderness Society strongly supports derness Society. several provisions of this legislation, specifi- ate is extremely limited and precious, cally: JULY 9, 2014. but we believe that this bill is worthy Reauthorization of the Federal Land Trans- Hon. HARRY REID, of expedited floor consideration. It is a action Facilitation Act (FLTFA) Majority Leader, U.S. Senate, rare and splendid occurrence that such This legislation would also renew FLTFA, Washington, DC. a large and diverse coalition of hunt- an important tool allowing federal land man- Hon. MITCH MCCONNELL, ing, shooting, angling and other con- agement agencies to fund the acquisition of Minority Leader, U.S. Senate, servation organizations are so united critical conservation areas—Including wild- Washington, DC. behind a bill.’’ life refuges, national parks, national forests Hon. KAY HAGAN, and more—though the sale of BLM lands U.S. Senate, Washington, DC. Then a letter from Jeff Crane, who is with lower conservation values which have Hon. LISA MURKOWSKI, president of the Congressional Sports- been identified for disposal. This common U.S. Senate, Washington, DC. men’s Foundation. Senator MURKOWSKI sense ‘‘land for land’’ approach not only pro- DEAR MAJORITY LEADER REID, MINORITY and I both have worked very closely vides increased public access for hunting and LEADER MCCONNELL, SENATOR HAGAN AND with Jeff Crane, who is president of the fishing, but also benefits local businesses, SENATOR MURKOWSKI: The sportsmen and Congressional Sportsmen’s Founda- counties, economies, private land owners, women conservationists who we represent tion. In his letter he said: across the Nation deeply appreciate the and other outdoor recreation enthusiasts. We thank Congressional Sportsmen’s Cau- Making Public Lands Public strong bipartisan leadership that you have cus Co-Chair Senator Hagan and CSC mem- This provision would require the Secre- shown to bring the Bipartisan Sportsmen’s ber Senator Murkowski for introducing this taries of Interior and Agriculture to spend at Act of 2014 (S. 2363) to the floor this week. S. bipartisan package of legislation that in- least 1.5 percent of Land and Water Con- 2363 includes valuable provisions to conserve cludes provisions vital to protecting our servation Fund resources each year on par- fish and wildlife habitat and expand public hunting and angling traditions in the U.S., cels, easements or road maintenance access for hunters and anglers. We know that which the CSC and organizations within the projects which increase access to our public time on the floor of the Senate is extremely sportsmen’s community have been working lands for hunters, anglers and other rec- limited and precious, but we believe that on for years. reational users. We support this provision, this bill is worthy of expedited floor consid- and further, we support full and permanent eration. From the Wilderness Society, in authorization of the Land and Water Con- It is a rare and splendid occurrence that their letter: servation Fund to ensure continued access to such a large and diverse coalition of hunting, On behalf of our 500,000 members and sup- and protection of our public lands and shooting, angling and other conservation or- porters, I am writing to express our support waters. ganizations are so united behind a bill. for the Bipartisan Sportsmen’s Act of 2014. Reauthorization of the North American Wet- Therefore, we urge you to maximize the We believe that hunting and fishing are im- lands Conservation Act (NAWCA) value of such a rare opportunity for sports- portant uses of our public lands, and this leg- NAWCA is a proven and popular conserva- men by ensuring that floor consideration of islation would advance several vital pro- tion program with more than 25 years of suc- this important legislation and amendments grams which would both safeguard sports- cess in partnering with state, local and non- filed to it will be open, transparent and lim- men’s access to world class hunting and an- profit organizations to leverage federal dol- ited to issues that enhance our nation’s rich gling opportunities while simultaneously lars in the restoration and protection of over sportsmen’s heritage. supporting many programs that protect the 27 million acres of wetlands. The reauthor- In particular, we urge you to oppose any high quality fish and wildlife habitat upon ization of NAWCA is essential for the protec- amendments that would derail the proposal which sportsmen rely. tion and restoration of wetland habitat, by the U.S. Army Corps of Engineers and En- That was from the Wilderness Soci- which supports an enormous variety of wa- vironmental Protection Agency to clarify ety. terfowl, fish and other wildlife. and restore longstanding Clean Water Act The women of Safari Club Inter- Reauthorization of the National Fish and protections for headwater streams and wet- Wildlife Foundation (NFWF) lands across the country. On June 3, 2014, we national wrote to Senator MURKOWSKI Since its inception, NFWF has leveraged and 12 other sportsmen’s conservation and me. This letter was dated in April. $576 million in federal funds into $2 billion in groups wrote to you and urged you to reject We are delighted to learn you are working on-the-ground conservation. The National such legislation (attached). Such legislation together to introduce bipartisan pro-hunting Fish and Wildlife Foundation works with would severely undermine, not enhance, and pro-conservation legislation. Your ongo- public and private partners in all 50 states to sportsmen’s interests. ing effort to introduce bipartisan legislation protect species and habitats and promote Please take advantage of the great oppor- is a monumental step in breaking the dead- local stewardship of natural places, from tunity that you and the outstanding group of lock that hunters have felt in previous legis- community parks to wildlife refuges. Reau- bipartisan cosponsors of S. 2363 have worked lative efforts.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4377 The CEO of Ducks Unlimited said: Maine. The Federal Government is an BIPARTISAN SPORTSMEN’S ACT More than 140 million Americans partici- important partner in preserving our OF 2014 pate in outdoor recreation activities, includ- natural treasures, enhancing recre- The PRESIDING OFFICER. Under ing hunting and fishing. DU appreciates the ation, promoting economic growth, and bipartisan effort of this bill in bringing to the previous order, the Senate will re- helping to protect the environment, sume consideration of S. 2363, which light the economic impact and importance of which are all components in sustaining sports men and women to the United States. the clerk will report by title. We are also grateful for its inclusion of the our Nation’s outdoor heritage and tra- The assistant legislative clerk read North American Wetlands Conservation Act, ditions. as follows: which is an ideal model for successful pri- While I understand the concerns that A bill (S. 2363) to protect and enhance op- vate-public partnerships. have been raised about the need to portunities for recreational hunting, fishing, I agree. We have an opportunity strengthen the bill’s conservation and shooting, and for other purposes. today to take action on a bill that ad- measures, on balance S.2363 would ben- Pending: vances critical priorities for a wide efit hunting, fishing, outdoor recre- Reid (for Udall (CO)/Risch) amendment No. range of sportsmen and conservation ation, and conservation. One provision 3469, to clarify a provision relating to the groups across the country, bringing would promote hunting, fishing, and nonfederal share of the cost of acquiring land those two groups together. recreational shooting on Federal public for, expanding, or constructing a public tar- I am proud of the package Senator lands, preventing arbitrary closures. get range. MURKOWSKI and I crafted and put to- Reid amendment No. 3490 (to amendment Another would help States construct gether. I also recognize that Members No. 3469), of a perfecting nature. and maintain public shooting ranges by on both sides of the aisle have ideas on Reid motion to commit the bill to the allowing a larger proportion of Federal how to strengthen this bill. Committee on Energy and Natural Re- It was always my hope we could take funding to be used for this purpose. Ad- sources, with instructions, Reid amendment ditionally, the bill would reauthorize No. 3491, to change the enactment date. up, debate, and vote on sportsmen-re- Reid amendment No. 3492 (to (the instruc- lated amendments to the bill, includ- the North American Wetlands Con- servation Act and the National Fish tions) amendment No. 3491), of a perfecting ing amendments on some gun issues nature. that are important to sports men and and Wildlife Foundation, which lever- Reid amendment No. 3493 (to amendment women in my State and across the age funding for critical wetlands, mi- No. 3492), of a perfecting nature. gratory birds, native fish and wildlife country. I am disappointed we were not CLOTURE MOTION species, and habitat projects. A perma- able to reach an agreement to do so. The PRESIDING OFFICER. Pursuant nent authorization of electronic duck However, we should not let partisan to rule XXII, the Chair lays before the politics get in the way of passing a stamps, the proceeds of which go to the Senate the pending cloture motion, good bill that already has strong bipar- Migratory Bird Conservation Fund, is which the clerk will state. tisan support. It is fiscally responsible, also included in the bill. The assistant legislative clerk read and it is endorsed by more than 40 I am also pleased to be the sponsor of as follows: groups and stakeholders across the a bipartisan amendment that high- CLOTURE MOTION United States—6 of whom I have just lights the many important contribu- We, the undersigned Senators, in accord- made statements about from letters we tions of the Land and Water Conserva- ance with the provisions of rule XXII of the have received. tion Fund over the last 50 years. In ad- Standing Rules of the Senate, hereby move So here is what I am going to ask all dition to calling for the reauthoriza- to bring to a close debate on S. 2363, a bill to of my colleagues to do today: If you tion of this landmark conservation pro- protect and enhance opportunities for rec- support this bill, vote for this bill. Out- gram, the amendment calls for full, reational hunting, fishing, and shooting, and door recreation activities are a way of permanent, and dedicated funding, for other purposes. life in States across the country. Just Harry Reid, Kay R. Hagan, Patrick J. making good on the promise that was Leahy, Tim Kaine, Angus S. King, Jr., as importantly, they are the lifeblood made to the American people in 1964 to of many of our local communities. Thomas R. Carper, Bill Nelson, Jon take the proceeds from natural re- Tester, Patty Murray, Claire McCas- These activities actually contribute source development and invest a small kill, Mark Begich, Sheldon White- $145 billion to our economy every year, portion in conservation and outdoor house, Martin Heinrich, Debbie Stabe- and they support over 6 million jobs in recreation. I am deeply concerned now, Tom Harkin, Tom Udall, Joe Don- this country. This is big business—and about the continued annual diversion nelly. especially at a time when we are look- of these funds from their original con- The PRESIDING OFFICER. By unan- ing at jobs and the economic recovery. servation intent to other purposes. We imous consent, the mandatory quorum So at a time when we are desperately will not balance our Nation’s books call has been waived. trying to help the job market and get today by shortchanging our future. The question is, Is it the sense of the our economy back on track, I urge my Senate that the debate on S. 2363, a bill colleagues to please put politics aside Upholding Maine’s strong tradition to protect and enhance opportunities and vote to move forward with this bal- of outdoor recreation, including hunt- for recreational hunting, fishing, and anced bipartisan bill that boosts our ing and fishing, and protecting access shooting, and for other purposes, shall economy, protects our outdoor tradi- to the great outdoors for the enjoy- be brought to a close? tions, and preserves the special places ment of all Americans continue to be The yeas and nays are mandatory in this country where we hunt, where priorities of mine. I also strongly sup- under the rule. we fish, where we enjoy the outdoors, port conservation programs and ac- The clerk will call the roll. and to do this for our future genera- tions to preserve wildlife and natural The assistant bill clerk called the tions. habitats. The people of Maine have al- roll. Ms. COLLINS. Mr. President, I rise ways been faithful stewards of our en- Mr. DURBIN. I announce that the vironment because we understand its today in support of the Bipartisan Senator from Maryland (Mr. CARDIN), tremendous value to our way of life. Sportsmen’s Act, S.2363. This legisla- the Senator from Maryland (Ms. MI- The Bipartisan Sportsmen’s Act would tion aims to support outdoor recre- KULSKI), and the Senator from Hawaii have a positive impact on hunting, ation by improving access for anglers, (Mr. SCHATZ) are necessarily absent. hunters, and recreational shooters. It fishing, outdoor recreation, and con- The PRESIDING OFFICER (Ms. servation, and I support its passage. would also advance conservation by re- BALDWIN). Are there any other Sen- authorizing programs that protect ators in the Chamber desiring to vote? wildlife species and habitats, wetlands, f The yeas and nays resulted—yeas 41, migratory birds, and waterfowl. nays 56, as follows: Hunting, angling, outdoor recreation, CONCLUSION OF MORNING [Rollcall Vote No. 220 Leg.] and conservation are important eco- BUSINESS nomic contributors and support jobs in YEAS—41 communities across the country, in- The PRESIDING OFFICER. Morning Baldwin Bennet Cantwell cluding many across the State of business is closed. Begich Brown Carper

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4378 CONGRESSIONAL RECORD — SENATE July 10, 2014 Casey Klobuchar Sanders is so badly needed in this country now; EXECUTIVE SESSION Coons Landrieu Schumer Donnelly Leahy Shaheen that is, energy efficiency. Energy is Franken Levin wasted every day in this country. She Stabenow NOMINATION OF SHAUN L.S. DONO- Gillibrand Manchin Tester and some Republican colleagues Hagan McCaskill VAN TO BE DIRECTOR OF THE Udall (CO) worked on a measure to reduce the Harkin Merkley Udall (NM) OFFICE OF MANAGEMENT AND Heinrich Murray Walsh waste of energy. It is called the energy Heitkamp Nelson BUDGET Warner Johnson (SD) Pryor efficiency bill. Guess what. The Repub- Whitehouse Kaine Reid licans voted to kill their own bill. Wyden King Rockefeller NOMINATION OF DOUGLAS ALAN I was originally told by Republicans: NAYS—56 SILLIMAN TO BE AMBASSADOR Go ahead and let’s just vote on it as it EXTRAORDINARY AND PLENI- Alexander Enzi Menendez is. Ayotte Feinstein Moran POTENTIARY OF THE UNITED Barrasso Fischer Murkowski I thought that was great because STATES OF AMERICA TO THE Blumenthal Flake Murphy they had been working on it in com- STATE OF KUWAIT Blunt Graham Paul Booker Grassley Portman mittee. They had a significant number Boozman Hatch Reed of amendments that had been dealt NOMINATION OF DANA SHELL Boxer Heller Risch Burr Hirono with before on the floor, and they put Roberts SMITH TO BE AMBASSADOR EX- Chambliss Hoeven them in the bill and they brought it to Rubio TRAORDINARY AND PLENI- Coats Inhofe Scott the floor. But then I am told—and I Coburn Isakson POTENTIARY OF THE UNITED Cochran Johanns Sessions have said this before, and I will say it STATES OF AMERICA TO THE Collins Johnson (WI) Shelby again because we need to repeat some- STATE OF QATAR Corker Kirk Thune Cornyn Lee Toomey thing that needs repeating—give us a The PRESIDING OFFICER. Under Crapo Markey Vitter vote on the Keystone Pipeline. All we the previous order, the Senate will pro- Cruz McCain Warren want is a sense of the Senate. ceed to executive session to consider Durbin McConnell Wicker I didn’t like that because we already the following nominations, which the NOT VOTING—3 clerk will report. had an agreement. I came back and Cardin Mikulski Schatz The legislative clerk read the nomi- said: OK, do it. nations of Shaun L.S. Donovan, of New The PRESIDING OFFICER. On this York, to be Director of the Office of vote the yeas are 41, the nays are 56. Then we came back after a recess of Management and Budget; Douglas Alan Three-fifths of the Senators present a few days, and they said: Well, we Silliman, of Texas, a Career Member of and voting have not voted in the af- have a new deal now. the Senior Foreign Service, Class of firmative, the motion is rejected. What is that? Minister-Counselor, to be Ambassador Mr. REID. Madam President, for We want an up-or-down vote on Key- Extraordinary and Plenipotentiary of those students who are out there try- stone. the United States of America to the ing to learn what goes on in the Senate State of Kuwait; and Dana Shell and for those professors who teach We cannot do that. We already have Smith, of Virginia, a Career Member of what goes on in the Senate, this is not an agreement to get this moving. the Senior Foreign Service, Class of totally new, but this is in the category I go back and mostly talk to myself, Minister-Counselor, to be Ambassador of being fairly new. quite frankly, because it is not very of the United States to the State of This is an example of the Repub- logical what I am being asked to do, Qatar. licans filibustering not one of our bills but I talk to myself for a while, and I The PRESIDING OFFICER. Under but their own bill. How about that? come back and say: OK, on Keystone, the previous order, the time until 2 There are 26 Republican cosponsors, p.m. will be equally divided in the and they filibustered their own bill. an up-or-down vote right here on the Senate floor. usual form. We have asked on a number of occa- The Senator from New Hampshire. sions for what we have done around They couldn’t take yes for an answer Mrs. SHAHEEN. Madam President, I this body for decades: You come up even on that. ask unanimous consent to speak as if with a list of amendments, you come And then—the audacity—Republican in morning business. up with a list of amendments, and we Senators have come to the floor since The PRESIDING OFFICER. Without will work through those amendments. objection, it is so ordered. then and said: They won’t give us a Do you know why we don’t do that CHILDCARE TAX CREDIT vote on Keystone. anymore? The Republicans cannot Mrs. SHAHEEN. Madam President, I agree among themselves what they They did it on Shaheen-Portman. We come to the floor this afternoon to dis- want as amendments. They cannot had an economic development revital- cuss legislation that I introduced this come up with a list. They are so tan- ization act. One of the Republican co- week with our colleagues, BARBARA gled up with the tea party here, the tea sponsors there voted to block that. BOXER, PATTY MURRAY and KIRSTEN party there, people running for Presi- Small business innovation—three Re- GILLIBRAND. Our legislation responds dent, they cannot decide on a list of publican cosponsors voted to block to the rising cost of childcare in the amendments to bring before the body. that. United States and the impact it is hav- So what do they do? They block every- ing on millions of working families. thing. This is a new phenomenon for the Our bill, called the Helping Working I was hoping that with the majority professors and the students to figure Families Afford Child Care Act, would of the Republicans sponsoring a bill, we out. You sponsor a bill and then you help these working parents. It would could at least move forward on it. Peo- vote to kill it before you even bring it help them afford childcare so they can ple who sponsored this bill voted to the floor. So I guess sponsorship go to work and support their families. against it. They are bringing to this doesn’t mean what it used to mean What it does is update the child and de- body a new definition of what it means anymore. It means ‘‘I am sponsoring pendent care tax credit that was passed to sponsor legislation. I mean, who, of this bill, but watch out because I may in 1976 and has only been updated once the people who have come before us in vote against myself.’’ since that time. this body, ever voted to filibuster their Access to affordable childcare is a ne- own bill? That is what they have done. So we are going to continue to work cessity for working parents. I raised But it is nothing new. on this side of the aisle to try to get three daughters and I have seven I see on the floor the senior Senator work done, but observers need to look grandchildren, so I appreciate just how from New Hampshire. She worked for no further than Republican sponsors important it is for working parents to more than a year with some Repub- voting against their own bills to see know their children are being super- lican colleagues to do something that where the problem lies. vised by quality caregivers.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4379 Sadly, I struggled with childcare I have been working on early don’t pay for these costs. It is a whole from the time my first child was born childcare and education for most of my lot cheaper to pay for childcare than it in 1974 until the year my last child fi- public career, especially during my is to pay for prison. That is why we nally went off to college in 2004. Unfor- years as Governor of New Hampshire. have to respond to the rising cost of tunately, I am watching my daughters One of the lessons I have learned is childcare. We have to ensure that deal with that same struggle of how to that providing access to early and af- working families can afford quality find quality childcare for their kids. fordable childcare and education is not childcare. A working parent can be productive just about helping families make ends The legislation we introduced this in the workforce only when they know meet—although that is an important week will help working families in the their children are safe. That is why the piece of it—it is also a short-term and short term, and it will especially help rising cost of childcare is a real burden long-term issue for our businesses and working mothers as they go to work. It for millions of families—especially for our economy. will support the early development of working mothers. Childcare costs are As Governor I worked with the New our children, which is so critical to our taking up an increasingly larger share Hampshire business community and es- future, our economy, and our work- of a typical family’s take-home pay. tablished the Governor’s Business Com- force. I visited a great NAEYC accredited mission on Child Care and Early Child- I am hopeful we can get a lot of spon- childcare center in Nashua, NH, earlier hood Education to engage business sors for this legislation and get bipar- this week, and I saw their infant leaders in addressing the State’s tisan support just as the credit had room—where they care for infants. The childcare and early education needs. when it passed in 1976 so we can pro- average cost for full-time care for an We did a study that looked at the im- vide the help that working families infant in New Hampshire in a childcare pact of the shortage of quality need. center was almost $12,000 in 2012, the childcare in New Hampshire back in I thank the Presiding Officer, and I last year for which we have data. It the 1990s. We found that businesses yield the floor. costs $12,000. For a family trying to were losing up to $24 million a year as The PRESIDING OFFICER (Ms. make ends meet, this is a huge cost. a result of childcare-related absentee- HIRONO). The Senator from Alabama. In fact, in the Northeast the cost of ism, and nearly one in four employees Mr. SESSIONS. Madam President, I full-time, center-based care for chil- was forced to change jobs or switch to first wish to say to the distinguished dren now represents the highest single part time as a result of their inability majority leader that the recent fili- expense for a typical household. It to find satisfactory childcare. buster was supported by a number of costs more than housing, more than We have many national studies that Democratic Members, but most impor- college tuition, more than transpor- show that quality, dependable tantly it was supported by Members tation, food, utilities or health care. childcare for employees is vital to a who did, in fact, favor the legislation. Unfortunately, as the cost of company’s productivity. In fact, re- The reason they refused to go forward childcare has grown, one critical tax searchers estimate that childcare with the bill is because Senator REID— credit that helps defray childcare costs breakdowns leading to employee ab- in a dictatorial manner—has an- has failed to keep pace. The child and sences cost businesses $3 billion a year nounced that he intends to control dependent care tax credit was first en- because parents are concerned about amendments. You don’t get an amend- acted in 1976 with strong bipartisan. It where their kids are. ment unless you grovel to the majority was supported by both Democrats and In addition, a majority of companies leader. Republicans. This credit provides a tax report that employee absenteeism is There is no reference to the majority credit to working parents for a portion reduced when quality childcare serv- leader in the Constitution of the of their childcare expenses. However, ices are offered. Employee turnover is United States. He doesn’t get to tell an the limits on the credit are not indexed also reduced, and we know how impor- individual Senator they can’t have an to inflation, and so their value has ac- tant employee retention is to a amendment on a bill. He has been tually decreased over time. In fact, the business’s bottom line. doing that consistently, and it is not limits have been increased just once in The long-term benefits to our work- right. We have been on this bill long the past 25 years. The tax credit simply force are also clear. Research shows enough to cast 10 or 15 votes. It is not is not keeping pace with the growing that quality childcare and early child- a question of time as to why he will cost of childcare. hood development are critical to pre- not allow amendments. The Helping Working Families Afford paring our children for tomorrow’s The reason the majority leader will Child Care Act would update and im- jobs. We know that the first 5 years are not allow amendments is because he prove this tax credit so it responds to the most critical in the development of wants to protect his Members from ac- the increasing burden of childcare a child’s brain. During these years chil- tually being held accountable by the costs. First, the bill would increase the dren develop their cognitive, social, voters of the United States of America amount of childcare expenses that are emotional, and language skills that by having to cast votes and choose eligible for the credit. Right now fami- form a solid foundation for their lives. sides. That is what it is all about. It lies can only claim expenses up to Research shows that children who re- has gone on way too long. It is demean- $3,000 for one child and $6,000 for two or ceived quality childcare do much bet- ing to this Senate, and he demeans the more children. That just doesn’t make ter in school; they are less likely to loyal opposition who are doing the only sense in New Hampshire or anywhere drop out; they are more likely to read thing they have as a tool, which is re- else in the country. In New Hampshire at grade level; they are less likely to fusing to move forward with a bill be- the average cost of childcare can ex- repeat grades; they are less likely to cause the majority leader is going to ceed $12,000 for a single child. need special education; and they are use parliamentary maneuvers to block This bill increases the tax credit less likely to get into trouble. The ex- anybody’s amendment. I wish it were starting in 2015 and indexes the cost to periences children have in their first not true. inflation so they will continue to keep few years will affect them, their fami- I will not go quietly and allow him to pace with rising childcare costs. The lies, and our society for the rest of come down and blame others for the bill also makes the tax credit fully re- their lives. I think it makes more sense problem he has caused. We could have fundable and phases out the credit for for us to invest in early childhood care already had this bill up for final pas- families making over $200,000 a year. It and education because we can either sage. It is not a question of time. It is better targets how the money is spent. spend the money then or we can spend a question of control and domination of Right now the tax credit is poorly a whole lot more money later. When the Senate, and the majority leader is targeted. It provides zero benefit for kids don’t get a good start in life, they not entitled to do that. He is not enti- too many families who need it the wind up getting into trouble and can tled to do that, and it is not going to most. By making the credit refundable, end up in prison. continue. This will be broken sooner or the bill better targets the tax credit to I used to talk about the cost of early later. families who are most in need of care and education being about $1 for If the majority leader wants to move childcare assistance. $7 that gets spent at the other end if we important legislation, he is going to

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4380 CONGRESSIONAL RECORD — SENATE July 10, 2014 have to agree to a process that allows understand because he hasn’t had expe- these matters. They have been working duly elected representatives of various rience with them. Instead, it would on them. They have been negotiating States in America to be able to at least seem Mr. Donovan, as with the Presi- and producing plans. Mr. Donovan has offer an amendment. dent’s past Budget Directors, was cho- no knowledge of them. He cannot dis- My remarks today are to discuss the sen because he has good people skills cuss it with them intelligently. He has nomination of Shaun Donovan to be and personality and is politically loyal no background in that. He has shown the Director of the Office of Manage- and would defend the administration’s no interest in it. I suspect Mr. Donovan ment and Budget. This is a very impor- goals and priorities even when the re- was stunned when he was offered this tant office. sult might be unfavorable to the job. He certainly has not prepared him- I voted against Mr. Donovan in the public’s fiscal health. self for it. I am not criticizing him spe- Budget Committee, and I wish to take We have seen this time and again in cifically as a person; I am saying this this opportunity to share with my col- the President’s Budget Office. His past is not the kind of person we need leagues my concerns. My concerns are Budget Directors have done more to today. There is nothing in his back- not related to his character or person- conceal financial problems the Con- ground to suggest he is up to the task ality or decency but his experience and gressional Budget Office has told us we this urgent hour requires. qualifications to serve as the Nation’s face than to illuminate those problems. More troublingly, Mr. Donovan him- chief financial manager—the Director They have steadfastly sought to avoid self has a poor record of financial man- of the Office of Management and Budg- serious discussions about the agement at HUD. He is the Secretary et. unsustainable debt course we are on of Housing and Urban Development. Alexander Hamilton explained in and to lay out any credible policies to During his tenure HUD has received re- Federalist 76 why the Senate was as- fix that problem. They have been unre- peated and stark criticism from his signed a role in the confirmation proc- sponsive to congressional inquiry. own agency’s inspector general. They ess: They make false statements about appoint, within these Cabinet posi- It would be an excellent check upon the what their budget would actually do. tions, an inspector general who ana- spirit of favoritism in the President, and Indeed, they have repeated—Mr. Lew lyzes and acts independently to advise would tend greatly to prevent the appoint- did when he was Director—that our the Secretary and the Congress if ment of unfit characters from State preju- budget would pay down the debt when, something is wrong. Well, I would sug- dice, from family connection, from personal in fact, there was not a single year in gest what I am going to say evidences attachment, or from a view to popularity. his 10-year budget that the deficit was that Mr. Donovan’s skill is in spending The President has the right to nomi- less than $500 billion. They have tried money and making investments rather nate, and his nominations should be to break spending caps that are agreed than saving dollars and managing given deference, but as Hamilton made to by the President and are in law, and money. clear, when the President’s nominee they refused to comply with legal re- His record at HUD shows he spent does not have the fitness necessary for quirements to submit a plan to prevent money illegally, violating the a critical position, the Senate should Medicare’s insolvency—an edict the Antideficiency Act—a very important not provide its consent. law requires him to do, and President act. On the great financial issue of our The Director of the Office of Manage- Bush did. time—our Nation’s crippling debt bur- ment and Budget is one of the most im- The Office of Management and Budg- den—I asked Mr. Donovan at the hear- portant positions in the entire govern- et should be one of the least political ing in the Budget Committee about ment, entrusted to oversee our massive departments in government. Instead, what he would propose to fix the Federal bureaucracy and budget proc- the President has made it one of the unsustainable debt course. Shouldn’t ess during a time when the Nation is most political. Shouldn’t the American he do that? He offered no serious ideas facing tremendous financial danger. people be able to look to their Budget to get our debt under control. Clearly, Only weeks ago the Director of the Director with confidence, knowing he has no intention of providing the Congressional Budget Office reaffirmed their tax dollars have been entrusted leadership needed to reverse our disas- in testimony before Congress that the to someone with great wisdom and ex- trous current debt course. debt of this country is on an perience and independence? Shouldn’t For instance, the President’s most ‘‘unsustainable path,’’ and he meant they be able to know their Budget Di- recent 10-year budget plan he sub- exactly that. He went on to say that rector will look the American people in mitted would break the in-law spend- America faces the ‘‘risk of a fiscal cri- the eye and tell them squarely what ing limits he agreed to and increase sis.’’ He means Greece when he says ‘‘a the true facts are we are facing today, our Nation’s total debt by an average fiscal crisis.’’ and is someone who could lay out a of $800 billion a year. Over the next 10 Whoever holds the job of budget di- plan that would actually work to fix years, under his budget plan, we could rector must be one of the toughest, the debt course we are on? be expected to average deficits of $800 strongest, most able, and disciplined The President had the ability to billion a year, almost $1 trillion. In- managers in America. We ought to be scour the country for the most skilled, deed, in the 10th year, it is virtually $1 looking for the very best. We need talented, disciplined, and gifted man- trillion. someone who already understands this ager he could find for this office. Very I asked Mr. Donovan about this and massive Federal Government, the fi- few people of prominence would turn he replied: nancial stresses we are under, where down a request from the President to The President’s . . . budget includes fully- the problems arise, and how to manage fulfill that duty. A renowned manager paid for, fiscally responsible investments it. of great financial acumen and recog- that will create jobs, grow the economy, and We need somebody with the capa- nized independence is what we are expand opportunity for all Americans. bility and credibility to deal with looking for—someone with a track That is the answer we got. I submit strong-willed cabinet people who, as record, a proven record of saving tax- that is not responsible. That is not se- history shows, always want to spend payers’ dollars, developing new effi- rious. He is not in touch with reality. more and need to be told no by the Of- ciencies, taking on entrenched interest When Mr. Donovan was forced to fice of Management and Budget. in the service of the public good, not admit in follow-up written questions Sadly, what has become clear is that the special interest good. They have to that the President’s budget plan would the President did not choose Mr. Dono- be capable of meeting with someone add $6 trillion to the public debt over van because he met those criteria. such as PAUL RYAN, chairman of the the next 10 years, he called the in- That was not what he was looking for. House Budget Committee, to meet with crease ‘‘nominal.’’ It is precisely this Mr. Donovan does not come close to members of the Budget Committee cavalier attitude from government meeting those qualifications. He just such as Senator ROB PORTMAN who was elites that is leading our Nation to fi- does not. I enjoyed meeting with him, also a former OMB Director; Senator nancial catastrophe. CBO says these but I asked him questions that deal PAT TOOMEY, Senator CHUCK GRASSLEY, deficits put us on a path to a fiscal cri- with fundamental issues everybody in Senator RON JOHNSON, a businessman sis. Last year we paid $220 billion in in- Congress understands but he doesn’t and an accountant. They know about terest on our $17 billion debt. But the -

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4381 Congressional Budget Office projects Specifically, (1) HUD did not ensure that at include overobligation of personnel or that interest rates are going to return least half the debt service savings that re- payroll funds, making student loan to more normal levels in a few years sulted from refinancing were used to benefit payments in excess of the funds al- tenants or reduce housing assistance pay- and we continue to add more deficits ments, (2) consistent accountability for the lowed for that purpose, and obligating every year. They project that in 10 debt service savings was not always main- funds that were no longer available, years, interest on the debt will be $800 tained, and (3) some refinancing were proc- and some of these were done after clear billion. It will pass the defense budg- essed for projects that had negative debt warnings to stop it. et—interest in 1 year will pass the size service savings— In one of the most recent violations, of the defense budget by 2019. This is In other words, instead of saving HUD paid more than $620,000 to a senior dangerous. We cannot continue on this money, the refinancings cost money. adviser to Secretary Donovan—person- course. —which resulted in higher debt service costs ally his adviser, his staff—but they I would also share that in talking to than before the refinancing. paid for it not from Mr. Donovan’s my colleagues about their discussions It goes on to say: budget for that purpose—to hire staff with Mr. Donovan, they expressed con- These deficiencies were due to HUD’s lack with—they paid for it out of the Office cern that when he met with them indi- of adequate oversight and inconsistent na- of Public and Indian Housing funds vidually, he lacked basic knowledge tionwide policy implementation regarding even though Mr. Donovan’s adviser in about the fundamentals of the Federal debt service savings realized from Section his office was not employed in the Of- budget. Consider the written testimony 202 refinancing activities. As a result, mil- fice of Public and Indian Housing sec- he later provided to the committee lions of dollars in debt service savings were tion. This adviser’s pay was required to about his specific plans for entitlement not properly accounted for and available, the savings may not have been used to benefit come from the funds in the secretary’s reform—mandatory spending reform. tenants or for the reduction of housing as- office, his budget. He said: sistance payments, and some refinanced The inspector general found that I have not . . . written any papers or given projects ended up costing HUD additional HUD had ignored the advice of its own any talks or lectures that specifically lay housing assistance payments because of the legal counsel and disregarded concerns out a comprehensive plan for Medicare or additional cost for debt service. that had been previously expressed by Social Security. That is not the kind of glowing re- the House Appropriations Committee So this is the person who is supposed view one would hope to accompany a on antideficiency matters at HUD. to coordinate the effort to rein in nominee to an office who would oversee I do not see how he could not be spending and put us on a sound path. I the entire Government of the United aware of this. This is his own adviser. would say not only has he not written States of America. His own lawyer said: You should not any papers or given any lectures, I am But the problems get worse. Every pay for it out of the Office of Public not aware he has given any thought at year, the HUD inspector general con- and Indian Housing funds. But he did it all to fixing Medicare and Social Secu- ducts an audit to determine if HUD’s anyway. rity, two of the biggest challenges this financial statements are in order. Congress had specifically addressed Nation faces. I don’t think he has ever When an agency’s financial statements HUD’s salary funding for the Sec- expressed a serious thought about are in order, that agency is awarded an retary’s senior advisers—it had been a these issues. unqualified or clean audit, meaning subject of House discussion, which is In response to one question about there are no material defects in the unusual—and previous ADA violations. Medicare data, Mr. Donovan told me way the agency is managing its books. According to a July 26, 2010, House of the data did not exist. But the data For the years 2012 and 2013, under Sec- Representatives report, ‘‘all senior ad- does, in fact, exist. And his response retary Donovan’s leadership, HUD re- visors to the Secretary should be fund- cited the very report from which the ceived failing grades or a qualified ed directly through the Office of the data was found. At his hearing, Mr. audit, which means material problems Secretary.’’ Of course. In addition, a Donovan could not answer fundamental were found with HUD’s financial state- HUD appropriations attorney in the questions from Senator JOHNSON about ments. Twenty-four agencies undergo HUD staff wrote in a January 13, 2011, the Social Security trust fund. That is the audit process every year. Only two email that a special adviser to the Of- very important. With only 2 years left failed in 2013: HUD and DOD. And we fice of the Secretary would need to be in the President’s Administration, the all know DOD has never yet reached paid by that office—the Secretary’s of- Nation needs to have someone at OMB the kind of accounting the government fice—and not another office within who can hit the ground running, who requires in that massive agency. So HUD. Despite the direction in the knows these issues. HUD is the only non-DOD agency that House report and guidance from his I asked him about defense. I am a failed last year. own appropriations attorney, HUD paid senior member of the Armed Services Whereas DOD has historically had this adviser for his services from the Committee. He didn’t understand the problems with financial statements, Office of Public and Indian Housing F–35 program. He is not able to con- HUD had, prior to Mr. Donovan, re- program. verse intelligently about the troop lev- ceived clean reports. The inspector Subsequently, in June 2012, Congress els we are talking about having to re- general, in failing Mr. Donovan, noted again admonished HUD for the lack of duce. He couldn’t talk about aircraft that HUD had improper budgetary ac- staffing data it provided and had avail- carriers—something he has never had counting and lacked proper accounting able internally. Congress wrote: any experience with whatsoever. That for cash management. HUD, under Mr. This lack of essential information led to is why he couldn’t talk about it, and he Donovan’s watch, was also recently multiple Anti-Deficiency Act violations in has never given any thought to it. charged with an Antideficiency Act fiscal year 2011, in which HUD hired more This lack of basic knowledge and pro- violation by the inspector general—a people than it had resources to pay. To date, fessionalism is evidenced in the inspec- big problem, in my opinion. It is seri- HUD has not even tried to address these tor general reports about his tenure at ous. problems and thus the Committee has no Housing and Urban Development. Here, The Antideficiency Act essentially faith in HUD’s ability to appropriately staff for instance, is a representative exam- prohibits government employees or its operations. ple from an IG report issued on Feb- agencies from spending money that has It is a very serious criticism of the ruary 19 of this year about his multi- not been appropriated by Congress. No management ability of the man now family project refinances program. President, no Cabinet Secretary can put in charge of managing an entire They came up with a plan that sup- spend money under the Constitution government. It is not the kind of activ- posedly refinanced housing loans and that has not been appropriated for that ity that warrants a promotion. saved money. This is what the inspec- purpose by Congress. Finally, I have to say this. I have to tor general said: So according to information received mention this little matter: Mr. Dono- HUD did not have adequate controls to en- from the HUD inspector general, HUD, van’s membership in the Owl Club at sure that all Section 202 refinancing resulted under Mr. Donovan’s watch, has at Harvard—an item many of our Demo- in economical and efficient outcomes. least seven instances of violating the cratic colleagues found most reprehen- They went on to say: Antideficiency Act. These violations sible when Justice Alito came up for

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4382 CONGRESSIONAL RECORD — SENATE July 10, 2014 confirmation for the Supreme Court. ernmental Affairs Committee, and on cies more effectively. That is precisely This is a club the late Senator Ted which Senator PORTMAN serves is re- why the President asked him to chair Kennedy, resigned from because it did sponsible for working with the admin- the Hurricane Sandy Rebuilding Task not admit female members. Indeed, istration and others to help make sure Force—and boy did he do a job. Harvard kicked the club off campus in that Federal agencies work better and He has also had high-level experience 1984, but that was the very year Mr. more efficiently with the resources we in local government, as commissioner Donovan became a member and re- entrust to them. of the New York City Department of mained so until 1987. I have heard no During my years of public service, I Housing Preservation and Develop- complaints from my colleagues about have learned that an essential ingre- ment, and has worked in the private Mr. Donovan’s membership in the Owl dient in enabling organizations of any sector and the nonprofit sector. He Club even after it was kicked off cam- type to work well is leadership. It is knows this job. He knows his governing pus, but they howled mightily when what they say about integrity: If you responsibilities from all angles. He Justice Alito was found to be a member have it, nothing else matters; if you knows how the Federal budget is im- of a similar club at Princeton. don’t have it, nothing else matters. In pacted not only by Federal agencies So I would ask my colleagues, in con- an organization, if you have great lead- but communities, businesses, and indi- clusion, does this sound like the back- ership, that is most important. vidual Americans and their families. ground of someone who really is the That is the case both in government I believe he has the diverse experi- right man for the job at this time? and the private sector and in organiza- ence, strong work ethic, and leadership That is my fundamental concern. I do tions large and small. Part of our re- skills to get the job done and success- not believe his background, skills, and sponsibility here is ensuring that we fully continue his public service as Di- record indicate he is ready for one of have effective leaders in place across rector of OMB. the toughest jobs in government. our Federal Government. As Director of the Office of Manage- This President, even more than most It is every Senator’s constitutional ment and Budget, Secretary Donovan Presidents in their second term—and role to provide advice and consent on will be faced with helping to lead our they all tend to do this—is surrounding the President’s nominations in a thor- country back to a more fiscally sus- himself closer and closer with a small ough and timely manner as part of the tainable path. Let me just say, 5 years group of political loyalists—Secretary Senate’s confirmation process. ago when this administration took of- Lew, Secretary Johnson, Secretary Today we have an important nomina- fice, they inherited a deficit that was Perez. So do we need another loyalist tion before us. It is the nomination of $1 trillion. After the stimulus package, who protects him better? Wouldn’t the Shaun Donovan to be Director of the it was $1.4 trillion. This year we expect American people and the President Office of Management and Budget. I it to have been reduced by two-thirds. himself be better off with a strong, ca- wish to express my sincere gratitude, Is that good enough? Should we be sat- pable manager who can see through all not just to Secretary Donovan for his isfied and pat ourselves on the back? the fog and the political falderal and willingness to take on this critical No, but we are headed in the right di- make good decisions, preserving the role, but also I wish to thank his wife. rection. Under Shaun’s stewardship we taxpayers’ resources? I would like to thank his two boys who will continue to do just that. We need someone who will act inde- joined him at a hearing, and I want to I believe that the grand budget com- pendently on behalf of the President say if my son were that age, there is no promise that we need, though, must and the American people, who will re- way he could sit through that: atten- have three essential ingredients: spect the jurisdiction of Congress and tive, listening, thoughtful. What a trib- No. 1, we need entitlement reform legitimate congressional powers, who ute to their dad. It is all well and good that saves money, saves those pro- will follow the law and submit a Medi- what the rest of us think, but to have grams for our children and grand- care plan, as the law requires, because that kind of show of support from teen- children, and does not savage old peo- it is going into default. The law says if agers is pretty amazing these days. ple or poor people. it goes into default and the Medicare While Shaun has very large shoes to No. 2, we need tax reform, and not trustees send a notice—and they have— fill left by Sylvia Mathews Burwell, I only to lower—in my view—the cor- the President is supposed to submit a believe he is up to the task and, maybe porate rates to be competitive with the plan to fix it. OMB is the place that more importantly, she believes he is up rest of the world. We can forget all this has always come from. It has come to the task. Sylvia is somebody who we inversions mess—the nonsense that is from there previously. And shouldn’t admire deeply around here. She did a going on. We need to do that but also he tell the White House no if he is great job as OMB Director. She is now do tax reform and do it in a way that asked to do something that is improper the Secretary of Health and Human actually generates some additional for the financial future of America? Services. revenues, and then we use those reve- Well, I do not like having to oppose She has known Shaun Donovan since nues for deficit reduction. Mr. Donovan. He seems like a nice per- they were undergraduates together at No. 3, we need to look at everything son. But he is the wrong man for this Harvard. She knows what he is made we do in government and ask this ques- important job. I think he has been cho- of, she knows his values, she knows tion: How do we get a better result for sen for the wrong reasons, not for the just how smart, how bright, and also less money—everything we do from A right reasons. I will oppose his nomina- just how hard-working he is, and she to Z—and act accordingly. tion. The President himself, I truly be- has known him for a long, long time. OMB is critically involved in all lieve, and the Nation would benefit Secretary Donovan’s nomination was three of those approaches, whether it is from the most capable, strong, and successfully reported out of both the entitlement reform that is consistent competent nominee the country can Senate Budget Committee and the Sen- with the values for the least of these in produce at this critical time. That’s ate Homeland Security and Govern- our society or tax reform that gen- not Mr. Donovan. mental Affairs Committee. I am hope- erates some additional revenues and I thank the Chair and yield the floor. ful that we will be able to do our part lowers corporate rates. We are actually The PRESIDING OFFICER. The Sen- today and vote to fill this key vacancy. getting more for our money in every- ator from Virginia. We know that Secretary Donovan is thing we do. (The remarks of Mr. KAINE and Mr. a strong leader who can take on and OMB is essential and critical, and the PORTMAN pertaining to the introduc- solve tough problems. As Secretary of OMB Director is going to be the point tion of S. 2584 are printed in today’s the Department of Housing and Urban person for making sure we continue to RECORD under ‘‘Statements on Intro- Development for the past 5 years, he make progress in each of those three duced Bills and Joint Resolutions.’’) has guided our Nation through one of areas. The PRESIDING OFFICER. The Sen- the worst housing crises in our life- I know from my own conversations ator from Delaware. time. with Shaun Donovan—which now Mr. CARPER. Madam President, the We also know that Secretary Dono- stretch over 5 years—he will be a committee which I am privileged to van is someone who can cut through strong voice for fiscal responsibility chair, the Homeland Security and Gov- red tape and work together with agen- and effective government management.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4383 As Senator COLLINS and I pointed out That is the only response, the only only 95. Again, this is the same plum- in introducing Secretary Donovan be- message, the only visual that will stop meting trend, the same absolutely fore our committee just a couple of this mounting flow from continuing to plummeting trend. That is what we weeks ago, he is known for using rig- grow. That is the most humanitarian need to fundamentally reverse. orous data analysis to demand better response that will stop more and more To reverse that I have joined with results from government programs and of these Central and South American other Members, as I suggested, to get to save taxpayer money. She also children from being put in this illegal the right solution in Congress, both pointed out he will be a leader of integ- trade and being victimized along the changes in the law we need to make rity and intelligence in a critical job. way. and the resources we need to hold these I mentioned the word ‘‘integrity’’ be- Now, unfortunately, so far, that is illegal aliens and quickly turn around fore, and I will say it again: Integrity, not the response President Obama has the flow and send them back to their if you have it, nothing else matters; if made. home countries. That is why I have you don’t have it, nothing else mat- After speaking for weeks about the joined already with Senator FLAKE in ters. 2008 change in immigration law as a his amendment, which he was trying to He has integrity. He is a bright guy, factor in this scenario, when President propose on the Senate floor this week, a very smart guy, hard-working, a won- Obama presented a request to Congress to repeal the troublesome part of the derful family, and a great track on this issue, he did not request any 2008 law. record—not just in government but in change in that law. He talked about it. That is why I am going further and the private sector, nonprofits, local, He pointed to that law for weeks say- drafting additional legislation to give State, and Federal governments. ing this was the root cause of the prob- this administration the mandate, the He has demonstrated what he can do lem. Yet in his request to Congress he ability, the directive it clearly needs to leading a big agency such as Housing is not proposing we change that law. change that practice and to change and Urban Development and how he Instead, all he is proposing is more that policy—not to allow these illegals can lead in a cross-agency way when money—a lot more money—$3.7 billion. to be released into the country simply we were suffering under Superstorm Now, some more response and some on the honor system that they might Sandy, which came right through our more resources are undoubtedly nec- show up for a court date—we know that part of the country. essary, but the lion’s share of that, well over 90 percent never show up— I think he is well qualified for the po- again, doesn’t go to enforcement, and not simply send more money to sition for which he is nominated. I am doesn’t go to deportation, doesn’t go to HHS to properly care for these illegal pleased the President nominated him, sending these illegals back to their aliens with no end in sight. and I am pleased Sylvia Mathews home country quickly, humanely, and Of course, they need to be properly treated and cared for when they are in Burwell is still around over at HHS. efficiently. It goes to feeding them and this country and beyond, but we should Sean has done a wonderful job at housing them in this country for an ex- not just write a blank check to keep HUD, and he will do a great job at tended, indefinite period of time. OMB. I am pleased to support his nomi- That is not what we need again. them here forever but change the law nation, and I hope all my colleagues What we need, instead, is whatever and have the procedure in place to de- will as well. changes to the law are necessary to tain them—not to release them—and to I ask unanimous consent that the allow us to detain these folks in a prop- quickly, effectively, bring them back vote on confirmation of the Donovan er, humane way and quickly move to their home country. That is what happens in a much more nomination occur at 2:05 p.m. and that them back to their home countries. We routine way for illegal aliens from bor- Senator MURRAY be in control of the need the will and the resources to get final 2 minutes prior to the votes. der countries such as Mexico and Can- that done in a quick, efficient way. ada. That is what happens effectively The PRESIDING OFFICER. Without That is what I will be proposing with objection, it is so ordered. in those situations. We need to mirror many others in both the House and the that. We need to copy that and make The PRESIDING OFFICER. The Sen- Senate. ator from Louisiana. sure that happens effectively when the For this to work we also need the illegal alien is from a border State. UNACCOMPANIED BORDER CHILDREN will and the cooperation of the admin- I wrote a letter to DHS Secretary Mr. VITTER. Madam President, I rise istration, and I am concerned that Johnson back in January of this year today to discuss the growing crisis of there isn’t that real focus, real deter- regarding this very issue, before it be- unaccompanied alien children stream- mination, and real will. It is great to came the current crisis, regarding re- ing across our southern border. It has have the right law written down on a ports detailing actual DHS assistance been called a mounting crisis, includ- piece of paper, the right words on a in the completion of smuggling illegal ing the security crisis it is. There are page, but it is equally as important— alien minors. some 52,000 who have come across in perhaps more important—to have the In that case, a smuggled child in the last several months, according to right administration, the right spirit, many cases was transferred to illegal recent reports—up from just a few the right execution, the right follow- alien parents actually by DHS—by thousand 1 year ago—and the threat is through on those words on a page. HHS’s Office of Refugee Resettlement. that will grow significantly. It is con- Unfortunately, we haven’t had that So actually, in those cases, the Federal tinuing to grow. in the Obama administration either. Government was not completing the This has been called a humanitarian The Los Angeles Times, not exactly a object of the criminal conspiracy—was crisis, and it is. These are, in most right-leaning publication, has noted not stopping the smuggling, not pun- cases, vulnerable children who were that deportations of illegals has plum- ishing the smugglers, but completing taken through by human smugglers, by meted from the high in 2008, plum- the operation. Again, it is another clas- drug cartels, by other folks who do meted every year since then, to an ab- sic case of sending the wrong mes- not—absolutely do not—have their best solute low in 2013 of about 1,669—from a sage—a message that will increase the interests in mind. These children are high of 8,100, down each and every year flow and increase the problem, not de- often mistreated in all sorts of des- to 1,600. crease it. picable ways through that journey. This first drop probably had a lot to Ultimately, that goes back to the hu- How do we address this crisis? It do with the change in the law to which manitarian issue too, because encour- seems to me we need to get our core re- President Obama has alluded. We need aging human smuggling enriches drug sponse right, and the only way to stop to fix that. But these other drops have cartels, allows them to continue using this increasing flow is to make clear to do with the spirit, the focus, and the violence as a means to an end, and this activity will not be successful. determination—or lack thereof—of the wages war on Mexican and American The only way to do that is to detain present administration. citizens alike as well as the folks in- these illegal aliens in our country and Similarly, about 600 minors—all volved from Central and South Amer- keep them under our supervision until illegals—were ordered deported each ican countries. we quickly deport them to their coun- year from nonborder States a decade We need to change that basic mes- tries of origin. ago—a decade ago 600 and last year sage. We need to turn around those

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4384 CONGRESSIONAL RECORD — SENATE July 10, 2014 basic incentives. The only way to do There appears to be a sufficient sec- Dana Shell Smith, of Virginia, a Career that is to have a law and the execution ond. Member of the Senior Foreign Service, of the law that is reversing that flow, The clerk will call the roll. Class of Minister-Counselor, to be Am- that is apprehending these folks, that The bill clerk called the roll. bassador Extraordinary and Pleni- is treating them humanely, that is not Mr. DURBIN. I announce that the potentiary of the United States of releasing them out into American soci- Senator from California (Mrs. BOXER), America to the State of Qatar? ety, and that is quickly and effectively the Senator from West Virginia (Mr. The nomination was confirmed. returning them to their home coun- ROCKEFELLER), and the Senator from The PRESIDING OFFICER. Under tries. Hawaii (Mr. SCHATZ) are necessarily the previous order, the motions to re- That is the only message, that is the absent. consider are considered made and laid only visual, that will stop this mount- The PRESIDING OFFICER. Are there upon the table. The President will be ing wave and will address the horrible any other Senators in the Chamber de- immediately notified of the Senate’s humanitarian problems that flow di- siring to vote? action. The result was announced—yeas 75, rectly from it. f Madam President, I yield the floor. nays 22, as follows: The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 221 Ex.] LEGISLATIVE SESSION ator from Washington. YEAS—75 The PRESIDING OFFICER. The Sen- Mrs. MURRAY. Madam President, I Alexander Flake Merkley ate will resume legislative session. come to the floor for the last minute of Ayotte Franken Mikulski f this debate to support Sean Donovan’s Baldwin Gillibrand Murkowski nomination to be Director of the Office Begich Graham Murphy TERRORISM RISK INSURANCE PRO- Bennet Hagan Murray GRAM AUTHORIZATION ACT—MO- of Management and Budget. Blumenthal Harkin Nelson I have worked very closely with Sec- Booker Hatch Portman TION TO PROCEED—Continued retary Donovan over the last 5 years, Brown Heinrich Pryor The PRESIDING OFFICER. The Sen- and I know he has the skills and expe- Burr Heitkamp Reed Cantwell Hirono Reid ator from Oklahoma. rience to work with Congress on cre- Cardin Hoeven Sanders Mr. INHOFE. Madam President, the ating jobs and tackling our long-term Carper Isakson Schumer Senator from Minnesota was going to budget challenges fairly and respon- Casey Johanns Shaheen be recognized first. She is not in the sibly. Chambliss Johnson (SD) Shelby Coats Kaine Stabenow Chamber, so I will go first and then we In his role as Secretary of Housing Coburn King Tester will get back in order. and Urban Development, Secretary Cochran Klobuchar Udall (CO) I ask unanimous consent to be recog- Donovan has proven time and again Collins Landrieu Udall (NM) nized for 15 minutes. that he is focused first and foremost on Coons Leahy Vitter Corker Levin Walsh The PRESIDING OFFICER. Without strengthening our middle class by ex- Crapo Manchin Warner objection, it is so ordered. panding opportunities for families and Donnelly Markey Warren FOREIGN POLICY communities. Durbin McCain Whitehouse From his work on stabilizing the Enzi McCaskill Wicker Mr. INHOFE. Madam President, now Feinstein Menendez Wyden housing market following the financial that the results are in, I think it is crisis, to reinforcing the agency’s role NAYS—22 time to talk again—as we did 5 years in providing access to affordable hous- Barrasso Inhofe Roberts ago—about what is happening on what ing and building strong, sustainable Blunt Johnson (WI) Rubio I consider to be the greatest failed for- Boozman Kirk Scott neighborhoods, to ensuring commu- eign policy we have experienced. Cornyn Lee Sessions When we look around the world and nities hit hard by natural disasters Cruz McConnell Thune we see what happened and what is have the resources they need to get Fischer Moran Toomey Grassley Paul going on now—and this may be a nar- back on their feet, Secretary Donovan Heller Risch row opinion—it is a result of the apol- has been a highly effective and respon- NOT VOTING—3 ogy tour President Obama took imme- sive leader and a great partner to us in diately after becoming President of the Congress, Democrats and Republicans Boxer Rockefeller Schatz United States. alike. The nomination was confirmed. I remember standing at this podium Secretary Donovan’s nomination VOTE ON SILLIMAN NOMINATION at that time and saying you don’t go to passed through the Budget Committee The PRESIDING OFFICER. There is the Muslim world and say: I will not with bipartisan support. I am confident now 2 minutes of debate prior to a vote make a speech until we have the Mus- he will bring these strengths and many on the Silliman nomination. more to the OMB. His leadership will Mr. HARKIN. Madam President, I lim Brotherhood coming with their re- be critical, because while we have ask that we yield back all time. quired numbers. That was not good. made progress on our budget chal- The PRESIDING OFFICER. Without This is a deviation from what we al- lenges, there is a lot of work yet to be objection, it is so ordered. ways stood for and that was certainly a done. All time is yielded back. slap in the face of our best friends in I look forward to working with Sec- The question is, Will the Senate ad- the Middle East, Israel. retary Donovan to strengthen our fis- vise and consent to the nomination of Two weeks ago, three Israeli teen- cal outlook over the long term and en- Douglas Alan Silliman, of Texas, a Ca- agers were found dead in shallow sure we can make critical investments reer Member of the Senior Foreign graves in a West Bank village, and it in jobs and opportunities to support Service, Class of Minister-Counselor, to was such a tragedy, and, of course, rec- our families, workers, and the econ- be Ambassador Extraordinary and iprocity has taken place since then. omy. I know Secretary Donovan will be Plenipotentiary of the United States of Hamas has launched over 365 rockets a great partner in addressing these America to the State of Kuwait? indiscriminately into the Israeli civil- challenges, and I urge my colleagues to The nomination was confirmed. ian population. I have to say that when support his nomination. VOTE ON SMITH NOMINATION I look at some of the things we have I yield the floor. The PRESIDING OFFICER. There is worked on together with Israel—for ex- The PRESIDING OFFICER. The now 2 minutes of debate prior to the ample, the iron dome has performed question is, Will the Senate advise and vote on the Smith nomination. very well during that period of time. consent to the nomination of Shaun Mr. HARKIN. Madam President, I Also, I will say that Prime Minister L.S. Donovan, of New York, to be Di- ask that we yield back all remaining Netanyahu responded with some 700 or rector of the Office of Management and time. so airstrikes primarily using F–16s and Budget? The PRESIDING OFFICER. Without doing it very well. This started 5 years Ms. COLLINS. I ask for the yeas and objection, it is so ordered. ago, and we have had unrest in that nays. All time is yielded back. area ever since then. The PRESIDING OFFICER. Is there a The question is, Will the Senate ad- The Israeli Defense Minister said this sufficient second? vise and consent to the nomination of week: ‘‘We are preparing for a battle

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4385 against Hamas which will not end Minister Maliki has asked for help, and most brutal and heinous of all the ter- within a few days.’’ the President waited until it became a rorists who were in Gitmo. There were Obviously, I strongly support our dire crisis. five of them. When they found out, greatest ally in the Middle East, and so Then there is Afghanistan. We know they were celebrating. One of the ter- often we do what we can to directly what is happening in Afghanistan. Cur- rorists released was referred to as the and indirectly continue that support. rently the Presidential election in Af- toughest of all of them. One of the top There has been unrest in Israel for the ghanistan has taken place. The pri- people who was on the other side of the past 5 or 6 years. mary took place and the runoff took Taliban said in response to the release We sent letters to the President some place, but the problem is it is obviously of the terrorists that this is the time ago regarding Iraq in 2013. We said a sham. The election is not an honest, Taliban rejoicing that the President when you leave Iraq, be sure to leave transparent election. I believe there is has turned loose five of the terrorists the intelligence and the logistics. You no greater threat that can be imposed who were incarcerated in Gitmo. They cannot just walk out. Yes, we have on us than by allowing the people of said it is like putting 10,000 Taliban great trained fighters in the Iraqi secu- Afghanistan to look at an election and fighters into battle on the side of jihad. rity force, but they cannot be totally find out it is a rigged election. Now the Taliban have the right to lead on their own. They needed to have ISR I will give an example. While we have them into the final moments before support. ISR is intelligence and recon- not taken sides in this country be- victory in Afghanistan. naissance. We have to learn a lesson tween Abdullah Abdullah and Ashraf We all knew the President should not from this so we don’t make the same Ghani, I personally would fall down on have done it. Anticipating that the mistake in Afghanistan. But nonethe- the side of Abdullah. It seems as President was going to do this, the last less, we did. So now Al Qaeda-inspired though all of the real problems in that bill we passed before the current one, terrorists have returned and have over- election ended up benefiting Ghani as which is on here, we put language in taken key cities. opposed to Abdullah. there anticipating that the President, ISIS is the most terrifying terrorist For example, in one province—it was in order to reach his goal and ulti- group out there. They have taken over Wardak Province—17,000 votes were mately close Gitmo, might take some of the worst individuals and turn them towns such as Mosul, Tikrit, Ramadi, cast in April. Now the runoff came loose. We put language in there from and Fallujah. along and 170,000 votes were cast. If you section 1035(d) of the Defense Author- I have a guy who works for me as a stop to think about it, that is mathe- ization Act. He said the President had field representative in my State of matically impossible, so we know that to notify us 30 days in advance if he Oklahoma. His name is Brian Hackler. is rigged. While everyone agrees that was going to release or make any Prior to the time he came to work for Ghani’s support is in the rural areas, I transfers from Gitmo. He blatantly me, he was in the Marines. He was ac- would defy anyone to come down to the broke that law and did not do it. Ev- tually deployed twice to Fallujah. If Senate floor and point out an election eryone was on our side in terms of why you will remember, Fallujah was the that has ever taken place where you we should not let this, what they re- closest thing we had to door-to-door have a much larger percentage of rural ferred to as the ‘‘Taliban dream team,’’ combat like we had in World War II, votes as opposed to urban votes. There be turned loose. Right now, supposedly, and we lost a lot of lives. is a logical reason—rural voters have there is some kind of a deal made When I called him, he had not yet to walk a long way to get to the polls where they are in Qatar for a period of heard that we lost Fallujah after they and some voters can’t get there as eas- a year, but even if they were able to took it over. He actually physically ily. enforce that—stop and think about the cried. He said, the blood, the sweat, The results of the runoff: There was a theory behind this. The President is and the tears of all of my friends. He 75-percent turnout from the rural areas saying in essence we are going to turn said, we had that secured, and we have as opposed to a 24-percent turnout in you guys loose but you have to promise now lost it. the urban areas. That couldn’t happen. not to kill Americans for a period of a We are doing everything we can now We have to have an audit. I think ev- year. Because it says for 1 year they to rectify that situation. I am glad the erybody agrees we have to have an have to remain under some level of Obama administration is doing what audit, but it has to be a thorough and control by a country that hasn’t even we asked them to do 2 years ago. While transparent audit. We have to be sure told us how they are going to do that. we will lose lives, hopefully we can the Afghan people, when they deter- Consequently, I have no doubt they are keep the terrorists from having a safe mine the outcome of this election, free to go anywhere they want. haven in that area. know it was a legitimate election so I am very much concerned about We had reviews conducted by the De- they can rejoice in it. partment of Defense, Department of what has happened in Iraq. While the I think most everyone knows a few State, the Department of Justice, President continues his assessments, it hours ago Abdullah declared victory in Homeland Security, the National Intel- leads me to wonder what the people in spite of the fact that the first count I ligence, and all the rest of them saying our embassy have been doing over described showed him as losing. these five people are too dangerous to there. We are empowering Russia and We have this problem right now. It is release. Leon Panetta, who was the Iran to lead and become key influences a problem I hang on President Obama Secretary of Defense at that time, in the region. and his administration because we told made the same statement. He said Iran reportedly has two battalions of them in advance what needed to be these people are too dangerous, as did the Iranian Revolutionary Guard done to avoid this type of situation General Dunford. By the way, General Corps, the IRGC, in Iraq. It is kind of from happening. Dunford, who is the commander in Af- funny. Right now a lot of people are We are now looking at a situation ghanistan, was not even notified in ad- saying Iran is our friend. Let’s keep in there that is one where we can act now vance this was going to take place. mind that our intelligence determined and preclude something from hap- So we have all of these circumstances quite a number of years ago that Iran pening there and is happening as we that are going on right now. We have will have the weapon and the delivery speak in Iraq. the law that was broken. My feeling system for that weapon by 2015. Well, Remember what took place in terms has always been, as we are getting 2015 is on us now, so I think if anyone of the five Taliban terrorists who were down midway into the President’s sec- out there is naive enough to think we released. We thought—and I felt all the ond term, looking at what he is going can depend on Iran to help our situa- time—that was a very controversial to have for a legacy, one of his desired tion, they are sadly mistaken. issue. A lot of people wanted to close legacies would be to close Gitmo. He We have a very serious problem now Gitmo, and I have strong feelings has talked about that for a long period in Iraq. While the United States has against that. We need to have that fa- of time. I think the American people most recently provided some equip- cility and that resource, which I will have now caught on, because there is a ment intelligence, this is what we explain in a moment. poll on June 13 by Gallup that shows 66 should have been doing and preparing When the President turned the five percent of Americans oppose the clos- for 2 years ago. Since January, Prime Taliban leaders loose—these were the ing of Gitmo. So this has changed now.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4386 CONGRESSIONAL RECORD — SENATE July 10, 2014 Why is it important? There is no We have a serious problem. I think if Over the past few weeks I have vis- place else anywhere in the world where there is anything we should learn from ited many of these affected areas and we can put these enemy combatants. this, it is, No. 1, we have a valuable in- seen the damage firsthand. These guys are not criminals; they are stitution called Gitmo. No. 2, what is The city of Norwood Young America enemy combatants. They are terror- important is that we don’t let happen saw nearly 9 inches of rain in one night ists. And when the President came up this year what happened last year. that caused more than $1 million in with the original idea of putting them Last year we didn’t get the NDAA bill damage to its wastewater treatment into our prison system, we had to go until December. If we had gone to De- facility. I saw how water-covered roads and make sure everyone was aware cember 31, there would not have been strained rural communities, how they are terrorists and not criminals. hazard pay and a number of bad things washed-out rail beds have caused an- By definition, they teach other people would have happened, but we ended up other setback for our already-strained to be terrorists. If there is anything we finally at the last minute getting it rail system, and how closed township don’t want in our prison system, it is done. I have talked to both the major- bridges have further delayed shipments for all of those criminals to learn how ity and minority leaders about the ad- of agricultural products. to become terrorists. visability of bringing the NDAA to the In southwest Minnesota, along with We have had Gitmo since 1903. It is floor of the Senate, and consequently Senator FRANKEN and Governor Day- one of the few good deals we have we now have invited Members to send ton, I met with farmers who were wherein we pay a little over $4,000 a their amendments down. We have al- among those hardest hit by the storms. year for that facility. We should stop most 100 amendments already on the Up until a month ago, the same crop and see the advantages we have in floor. So I am hoping during the next and pasture land in southern Min- Gitmo as opposed to putting them week, we can come down with a spe- nesota that is now completely under someplace else where they can either cific date—hopefully before the August water had been under drought condi- get out through jail breaks, as has been recess—where we can bring up the tions since 2011. And now not only are happening, or if they were to be inter- NDAA and let the people know who go these farmers dealing with damage to mingled in the United States with our over there risking their lives that we crops, buildings, and fences due to the prison population. are going to be here to support them. flooding, they also experienced losses One of the places, incidentally, that We are going to be putting together an in the past from a devastating hail the President first wanted to send the NDAA bill. storm. Gitmo inmates was to Fort Sill in my I know my time has expired. I will In Rock County in southwestern Min- State of Oklahoma. I went to Fort Sill not suggest the absence of a quorum nesota initial estimates indicate 100,000 and they said, We don’t have the capa- quite yet because no one has arrived. acres of corn and soybeans are dam- bility here to get this done. So what we Going back to Benghazi, everybody aged, and the official U.S. Department want to do is—in fact, the lady who had the information on Benghazi. I ne- of Agriculture number will likely be runs the facility at Fort Sill said, I glected to mention we also had General even greater. The extent of the crop don’t know what it is that individuals Hamm come in and testify before us, damage is really not yet known. Exces- don’t understand. She said she had again, that he was one of several who sive moisture can kill crops altogether three deployments to Gitmo. It is the was fully aware of what happened. or stunt their growth or put them at perfect institution for these people. With that, I yield the floor and sug- risk of diseases at lower yields. This They are well taken care of. The Red gest the absence of a quorum. disaster has repercussions that will be Cross and everyone who goes down The PRESIDING OFFICER. The felt for months to come. there says, Yes, the health facilities clerk will call the roll. I talked with farmers in Luverne and are better than they have ever had be- The assistant bill clerk proceeded to in Mankato who are worried about how fore, the food is the best they have ever call the roll. they will recover these losses and make had. So it is a facility we need to con- Ms. KLOBUCHAR. Madam President, ends meet. Farmers who were trying to tinue to use. I ask unanimous consent that the order finish planting now may have no hope BENGHAZI for the quorum call be rescinded. of getting a crop into their flooded Lastly, before I completely run out of The PRESIDING OFFICER (Ms. WAR- fields at all this summer, and those time, I want to jump ahead a little bit REN). Without objection, it is so or- who did get a crop in are now watching and mention Benghazi. I think it is im- dered. their fields fill with water. portant for us to understand there are MINNESOTA FLOODING U.S. Department of Agriculture offi- four people in our system who advise Ms. KLOBUCHAR. Madam President, cials are still assessing the damage, the President of the United States. We I come to the Senate floor today to and crop insurance adjusters are out in have the CIA Director who, at the time speak about the recent heavy rain full force so that accurate reports can this happened in Benghazi, was John— storms in Minnesota that have caused be filed with county FSA offices. This anyway, the CIA Director; the Director significant flooding in our State. This is a critical step to ensure that farmers of National Intelligence, that was was not a one-day disaster. This was and ranchers are not left out of the dis- James Clapper; the Secretary of De- not a sudden flash flood such as we saw aster assistance process. fense, who was Leon Panetta; and the in Duluth a few years ago or a tornado Farmers operate at the mercy of the Chairman of the Joint Chiefs of Staff, coming in. This was, in fact, a disaster weather. Listening to stories of the General Dempsey. All of those people that occurred over a series of weeks great financial risk these small busi- said they knew unequivocally, in where we had rainfall after rainfall ness owners face every single day—our Benghazi, when they bombed the after rainfall. From International Falls State is a State of many small farms— annex, it was an organized terrorist ac- on the Canadian border down to it makes me proud of the work we did tivity. I think right now people are re- Luverne, MN, on the Iowa border, tor- in the Senate and the work I did as a alizing that was the real issue. It is not rential rains have washed out roads, member of the Senate Agriculture who is responsible for it; it is the fact bridges, and culverts, damaged infra- Committee and conference committee that we knew it was going to happen. structure and caused significant crop to fight for permanent disaster pro- Our Ambassador, who was killed, gave damage. In some of our counties, 40 grams with mandatory funding in the us ample warning for well over a percent of the farmlands are under farm bill that we reauthorized earlier month and a half before it took place water. this year. If that were not in place, that it was going to take place. These storms have led to states of these farmers and, as a result, our food So I think we understand now why emergency being declared for 51 of Min- supply would be facing—Minnesota Gitmo is important and we understand nesota’s 87 counties. We have not seen being one of the top agricultural pro- the whole reason this is taking place. I anything like this for a while. It tend- ducers in the country—a very uncer- am certainly hoping we can stick to- ed to be, in the past, that we had a cor- tain future. These programs, in addi- gether and make sure we don’t end up ner of our State that would see trouble, tion to the farm bill’s improvements to losing one of the most valuable facili- but here we have 51 of Minnesota’s 87 crop insurance, will help provide a ties we have in this day of terrorists by counties being declared a state of safety net for the farmers and the having to close it down. emergency. ranchers affected by the flood.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4387 Last week Secretary Vilsack visited just eight counties. One county alone, best in our communities. From what I our State. He was up in the Moorhead we know, has $9 million in damage. have seen in our State—from those area, and Senator HOEVEN, Senator This is well above the $7.5 million emergency responders diving into the HEITKAMP, Congressman PETERSON, and threshold that Minnesota has to meet Mississippi River over and over to look I met with him about some conserva- to get the 75–percent Federal match for for survivors in the 35W bridge disaster tion issues up there with flooding. those counties that have $3.50 per cap- or what I saw in Fargo-Moorhead, They are one of the areas of the State ita damage. So we imagine that a lot of where a man was volunteering to give that have some flooding, but not as these counties will be getting Federal out food and lunches at the emergency much right now; they usually have the help for infrastructure damage at that center and I said to him: Oh, thank you most flooding. But when he was there 75–percent mark. for volunteering. What brings you he committed to me that the Farm Believe me when I say Minnesotans here? He said: I lost my entire house. I Service Agency will do everything they just are not sitting around waiting for said: And you came to volunteer? He can to provide any necessary resources help. The hard work of assessing the said: It is the best thing I could do with and support for our farmers and ranch- damage continues this week and is my time—those are the things that I ers. even expected to extend into the fol- remember. Just yesterday the Minnesota FSA lowing week. Even though the damage What I remember from these floods executive director informed me that across the State has reached a level across the State—where, again, despite she has directed county FSA offices to high enough to trigger eligibility, each this incredible damage not one person immediately begin holding community county is doing its damage assessment. died in our State from this flooding—I meetings to ensure that farmers and In some States, as I say, they have remember, again, those first responders ranchers impacted by these floodwaters had problems with FEMA, but in our and the normal citizens who just got have the information they need. Be- State for the most part we have been up and helped their neighbors. cause here we have a new farm bill, and happy with the work they have done. We saw this spirit of solidarity when while it is very similar to the last one, In my time as a Senator, I have seen a 911 call came in from a woman who there are new rules in place. They have the 35W bridge collapse, I have seen the was driving home to Anoka, MN, from to make critical decisions about if they Federal Government step in with inor- Sioux Falls, SD, when her car spun out replant, if they can get emergency dinate help to get that bridge rebuilt in of control and was swept away. Water loans; what they should plant, if their less than a year. was inching up to the windows. fields have been devastated, including I saw a tornado come into Wadena, State Trooper Brian Beuning pushed cover crop; and what is going to be MN, and literally pick up a high school through the rushing water when she happening in the next few months. like it was in the ‘‘Wizard of Oz,’’ the called for help. He got her out of the They need the information. bleachers landing a mile away. In that car and held on to her until help ar- Floods have a devastating impact not town—because of Federal assistance in rived. The car ended up in a field a only on farmers but also on families alerting those citizens about how to quarter of a mile away. A boat tried to and small businesses. The damage that use their emergency systems—because rescue them, but the current was too these storms caused will not be undone of an alarm system and a siren that swift. Finally, two firefighters from overnight. There is still a lot of hard worked, despite the fact that their high Luverne, MN, tied themselves to a work ahead of us, and the long cleanup school looked like a bomb had hit it, a semitruck and got the woman and the process has already begun. But we have major, large high school—not one per- trooper to safety. Rather than running already seen a swift and efficient re- son was killed. There was a high school from disaster, those first responders sponse on the part of State and local lifeguard watching over 40 little kids at bravely ran toward it; and that is my officials. And in our State, FEMA may a swimming pool. The sirens went off. State for you. be a four-letter word, but it is a good The parents got there within 10 min- In the face of ice storms, historic four-letter word. When we saw what utes and had them all gone, and the floods, tornadoes, even the collapse of had happened in Grand Forks, the Na- few kids that were left ran over with that bridge, Minnesota does not fall tion was riveted many, many years ago the lifeguard, who had the presence of apart. Minnesota comes together. by the flooding in North Dakota and mind to stay in a neighbor’s basement When disaster hits our State, we hit Minnesota. That has recovered. Those who they did not even know. Not one the ground running and do not stop are booming areas now. Fargo-Moor- person died because that siren system until we have the resources in place to head also experienced significant fund- worked, because people had practiced, ensure our communities are made ing, and FEMA was involved and because they knew what to do, and be- whole. That means local and State helped us there. We appreciate the cause we had the emergency system in help, but that also means Federal help. work they are doing in assessing the place. Thank you. damage now and the help we know will That high school is now rebuilt. I yield the floor. be coming. Along with that high school being re- Madam President, I suggest the ab- It is critical that the Federal Govern- built, there is a beautiful new company sence of a quorum. ment do its part to ensure that the re- that was rebuilt that is in the farming The PRESIDING OFFICER. The sources these families, businesses, and area, in the farm financing area. Their clerk will call the roll. communities need are there to get company was devastated. They did not The assistant legislative clerk pro- them back on their feet. Two weeks have a basement. All they had was one ceeded to call the roll. ago I spoke directly with the President safe that the man had bought, and he Mr. HOEVEN. Madam President, I in the White House about the flood had joked that it was big enough to ask unanimous consent that the order damage across the State, and he as- hold a few employees. That day when for the quorum call be rescinded. sured me there would be an immediate that tornado hit, there were four em- The PRESIDING OFFICER. Without Federal response. ployees on duty. They went into that objection, it is so ordered. That is why the action by Governor safe. That was the only thing that re- Mr. HOEVEN. Madam President, I Dayton yesterday to formally request mained of that business. When that ask unanimous consent that I be al- that the President issue a major dis- man rebuilt, he bought a big enough lowed for the next 30 minutes to engage aster declaration was so important. safe for all 20 of his employees—a true in a colloquy between myself, Senator That is why we sent a letter to the story. MCCAIN, and Senator BARRASSO. President—our entire congressional But this is how Minnesota responds The PRESIDING OFFICER. Without delegation; all of the eight House Mem- to disasters. Few things are more hum- objection, it is so ordered. bers and the two Senators—urging bling than standing in those kinds of (The remarks of Mr. HOEVEN, Mr. swift approval of this request. wreckages. Natural disasters are hum- MCCAIN, and Mr. BARRASSO pertaining Although work to assess the damage bling because they remind us that na- to the introduction of S. 2592 are print- remains ongoing, so far nearly $11 mil- ture is still more powerful than all the ed in today’s RECORD under ‘‘State- lion in eligible damages has been docu- technology we have. But they are also ments on Introduced Bills and Joint mented in just eight counties. That is humbling because they bring out the Resolutions.’’)

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4388 CONGRESSIONAL RECORD — SENATE July 10, 2014 Mr. HOEVEN. Madam President, I money building a quality product, not I see the distinguished Senator from yield the floor. purchasing preferential Internet ac- Montana here. I yield the floor. The PRESIDING OFFICER. The Sen- cess. She said that ‘‘without an Open The PRESIDING OFFICER. The Sen- ator from Vermont. and Fair Internet based on the equal ator from Montana. Mr. LEAHY. Madam President, what access, our business wouldn’t even CONSTITUTIONAL AMENDMENT is the parliamentary situation? exist today.’’ This successful company Mr. TESTER. Madam President, back The PRESIDING OFFICER. The is an amazing example of how the in 2012 the people of Montana stood up pending question is S. 2363, the sports- Internet can help grow small busi- against the influence of corporations men’s bill. nesses in Vermont. and big money in elections. By a 3-to- Mr. LEAHY. Madam President, I ask Both of these witnesses testified that 1 margin, they called on their congres- unanimous consent to proceed for 5 the success they have achieved with sional delegation to introduce a con- minutes as if in morning business. their online businesses would have stitutional amendment overturning the The PRESIDING OFFICER. Without been difficult to accomplish if the Supreme Court’s Citizens United deci- objection, it is so ordered. Internet had been a pay-to-play world sion. That ruling paved the way for PRESERVING AN OPEN INTERNET when they initially launched their more secret money in politics. It al- Mr. LEAHY. Madam President, last sites. lowed corporations to make contribu- week I chaired a field hearing of the Think of all the companies, whether tions to political campaigns on the Senate Judiciary Committee in Bur- in Vermont, Massachusetts, or any grounds that corporations should have lington, VT, on an issue of critical im- other State, next year or the year after the same right to freedom of speech as portance: preserving an open Internet. that want to launch online if suddenly any individual. Our committee heard testimony about the rules were different for them than In response to the overwhelming vote the need for concrete, fundamental pro- for a company that has a lot of money. by the people of Montana, I proudly in- We heard other perspectives too. tections to ensure that the Internet is troduced this amendment, which af- Vermont’s State librarian, Martha not abused by those who control how firms what we all know: Corporations Reid, testified about the need to ensure we connect to the Internet. are not people, and they do not have equal access for those who rely on pub- The timing of the hearing was not a the same rights as you or I. lic libraries for their Internet access, coincidence. I convened it during a Two years later Americans are real- which includes many people in rural week when Americans were gathering izing that Montanans were pretty for- areas. ward-looking. That is because in Mon- to celebrate what our Founders put in Vermonters know of my love for the tana we value independence. We value motion more than 200 years ago. While library I frequented growing up, the our individual rights. And we don’t no one then could have imagined how Kellogg Hubbard Library. I received think a faceless entity should be able important the Internet would become, my first library card there, in Montpe- the sentiment and priorities expressed lier, when I was 4. I went there to to tell us what to do. We don’t like it at the hearing would have made our learn, not just to read. when secretive, shadowy groups try to Founders proud. We heard from hard- Ms. Reid testified that ‘‘all Ameri- tell us how to vote, and we don’t like it working business owners and con- cans—including the most when corporations dictate our health sumers about the role of the Internet disenfranchised citizens, those who care decisions. But that is exactly in enhancing free expression, and also would have no way to access the Inter- what happened with last week’s Hobby as a free and open marketplace where net without the library—need to be Lobby decision. The Supreme Court de- competition drives innovation. able to use Internet resources on an cided corporations can limit their em- I brought the Judiciary Committee equal footing.’’ ployees’ health care options, thereby to Burlington to show the Federal Ms. Reid’s testimony was supported restricting our individual freedoms. Communications Commission and Con- by former FCC Commissioner Michael That is un-American. Affording cor- gress that the decisions we make on Copps, who explained that ‘‘an Internet porations the same constitutional this issue will have deep and wide im- controlled and managed for the benefit rights to speech—and now to religion— pact far outside of the Nation’s capital, of the ‘haves’ discriminates against our that Montanans and all American peo- and in the economies of our local com- rights not just as consumers but, more ple cherish is the exact opposite of munities. importantly, as citizens.’’ what our Founding Fathers envisioned. Witnesses at this field hearing The testimony from these individuals This is not freedom. It is a slippery warned of how the FCC’s proposed ap- offers a relevant selection of the real- slope to granting large corporations proach to new Net neutrality rules world experiences that have to be greater power over everyday Ameri- would actually harm small businesses, heard by the FCC and Congress as this cans’ lives. community institutions, and con- debate continues. That is why I took With the Hobby Lobby decision, the sumers—the people we have in every the hearing 500 miles from the Senate— Supreme Court found that corporations one of our States whom we represent. I so they could be heard. can hold religious-based objections to will give an example. Cabot Orton, the I don’t want to see an Internet that providing insurance coverage for cer- proprietor of the Vermont Country is divided into the haves and have-nots. tain medical care. The corporations do Store, testified that they started off as I agree with the Vermonters who testi- not have religions; people do. The First just a local general store in Vermont fied: I don’t want to see an Internet Amendment was meant to protect indi- and now have an e-commerce site that where those who can afford to pay muf- viduals’ religious freedoms, not those accounts for 40 percent of their overall fle the voices of those who cannot. of corporations. Now, the religious be- revenue. One-third of their 450 employ- An online world that is split into fast liefs of corporations will dictate the ees support those Internet trans- lanes and slow lanes, where pay-to-play health care options of people. It starts actions. These are a lot of people hired deals dictate who can reach consumers, with contraceptive care, but where in our little State of Vermont because runs counter to everything on which does it end? they have open access to the Internet. the Internet was founded. It is clear that the Supreme Court is Mr. Orton was clear about his con- Last month I joined Congresswoman putting the rights of corporations over cerns. He said: DORIS MATSUI to introduce the Online the rights of people. So much for treat- We’re not asking for special treatment, in- Competition and Consumer Choice Act ing all Americans equally. If you are a centives or subsidies. All the small business that requires the FCC to ban online corporation with money, you could in- community asks is simply to preserve and pay-to-play deals. Open Internet prin- fluence our elections to a far greater protect Internet commerce as it exists ciples are the bill of rights for the on- extent than ever before. Now, if you today, which has served all businesses re- line world. We must get this right. If have a corporation, you can influence markably well. we fail to get it right, I guarantee that our access to health care too. I have to agree with him. we will not get another chance and we Justice Ginsburg said in her dissent: Another Vermont small business will not have these companies growing The decision would deny legions of women owner, Lisa Groeneveld, explained that and starting up throughout all our who do not hold their employers’ beliefs ac- her company Logic Supply spent States. cess to contraceptive coverage.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4389 Let me say that again. These are smart, responsible measures that will of this administration. This pervasive Justice Ginsburg’s words: put real people back in charge of our and illegitimate outreach has come in The decision would deny legions of women lives. Our democracy has been under many different forms. We have seen the who do not hold their employers’ beliefs ac- attack before but never to this extent. President regulate contrary to the cess to contraceptive care. Mr. President, I yield the floor. I plain text of the law, simply ignoring Where will this end? would suggest the absence of a quorum. the clear commands of duly enacted Being a woman cannot be a pre- The PRESIDING OFFICER (Mr. MAR- Federal statutes. For example, a hall- existing condition. Contraception is KEY). The clerk will call the roll. mark of the President’s so-called pen- basic health care, and 99 percent of The bill clerk proceeded to call the and-phone strategy has been an Execu- American women currently use or have roll. tive order forcing contractors to raise used birth control at some point in Mr. HATCH. Mr. President, I ask their minimum wage. He issued this di- their lives. But now a manless, faceless unanimous consent that the order for rective despite the fact that a Federal corporation can stand between women the quorum call be rescinded. statute already governs the minimum and their access to this basic care, all The PRESIDING OFFICER. Without wage for Federal contractors. because an activist Supreme Court objection, it is so ordered. Although a different statute gives thinks corporations have the same EXECUTIVE POWER the President some discretion in the rights as people. Mr. HATCH. Mr. President, the great area of Federal procurement, its plain This Supreme Court continues to re- pamphleteer of the American Revolu- language demands, as courts of law define individual rights as corporate tion, Thomas Paine, famously charac- have upheld, that there be a sufficient rights: freedom of speech, freedom of terized our Nation at its founding by nexus between the President’s orders religion. We have to ask ourselves, asserting that in America the law is and the statute’s stated goal of effi- where will this end? It seems as if any- king. This sentiment has undergirded ciency and economy in Federal pro- thing is possible when it comes to this centuries of our Nation’s political cul- curement. President Obama’s order in- Supreme Court, where five men can de- ture: The rule of law protects us from creasing contractors’ labor costs by termine a woman’s health care. But it arbitrary government actions. It is hiking their minimum wage is thus doesn’t need to be this way. My con- what guarantees our liberties, it is wholly inconsistent with the law. stitutional amendment makes it 100 what fosters our prosperity and our We have seen the Obama administra- percent clear that the rights enshrined flourishing as a free people, and it is a tion seek to rewrite existing law and in our Constitution are meant for the source of our Republic’s legitimacy. thereby usurp Congress’s legislative American people—real folks who work For as the Declaration of Independence authority through the use of condi- tioned waivers. Consider how the De- day in and day out to put food on the teaches, governments derive their just partment of Education has issued waiv- table—not corporate entities. powers from the consent of the gov- ers of No Child Left Behind’s require- My amendment also allows the erned. American people to once again regu- For these reasons, when drafting the ments to 43 of the 50 States and the late corporations through the rep- Constitution, the Framers obligated District of Columbia. Even when Democrats had large ma- resentatives they elect in State and the President to take care that our jorities in both the House of Represent- Federal government. laws be faithfully executed, but they atives and the Senate, President I encourage all my colleagues to join were careful not to give the President Obama refused to pursue legislative re- me and Senators MURPHY, BEGICH, the authority to make or change the authorization of the statute to set real- WALSH, MARKEY, and WHITEHOUSE in law on his own. istic goals going forward. Apparently, supporting this commonsense step. But Our Nation’s Founders knew, in the he wanted to avoid spending his ener- it is going to take a comprehensive ap- sage words of Montesquieu, that ‘‘in all gies and political capital on a legisla- proach to make sure real people, not tyrannical governments . . . the right tive process that might expose divi- corporations, are in charge. Whether it both of making and of enforcing the sions within his own party or force him is elections or health care, people laws is vested in one and the same to compromise. should be free to make their own man, or . . . body of men; and wherever The President chose simply to estab- choices without the undue influence of these two powers are united together, lish an entirely different set of edu- corporate entities. there can be no public liberty.’’ cation policies by attaching his own Montanans voted in 2012 to limit con- To safeguard our liberties as the Con- conditions to the waivers that States stitutional rights to individual people, stitution requires, the Constitution need to receive Federal money. His ad- but it was 100 years earlier that we also vests Federal legislative powers in the ministration has not been shy about voted to limit corporate influence in Congress—the House of Representa- enforcing conditions that bear little re- elections after wealthy mining compa- tives and the Senate—which were de- semblance to provisions of the law nies bought influence and even paid for signed to engage in a particularly thor- itself. a U.S. Senate seat. We recognized the ough and deliberative legislative proc- The State of Washington learned this negative impact wealthy corporations ess. By ratifying the Constitution, the recently when it became the first to were having on our electoral process. American people established this sys- lose its waiver and much of its Federal But this Supreme Court, using its Citi- tem as the supreme law of the land ap- funding primarily because it did not zens United decision as justification, plying to all of us—including the Presi- meet the administration’s mandate for overturned our century-old law just 2 dent. teacher and principal evaluation—a years ago, creating the same kind of Despite these Constitutional founda- mandate that has no grounding in the election-spending free-for-all in Mon- tions, President Obama has simply de- actual statute. tana that we are witnessing nation- cided that he ‘‘won’t take no for an an- We have seen President Obama and wide. swer’’ when Congress refuses to go his subordinates stretch what lawful Before the Hobby Lobby decision, the along with his far left agenda. In direct authorities the executive branch does fight against corporate influence was opposition to our centuries-old system have beyond recognition to advance its mainly about making sure real people of legislation and the binding author- preferred policies. Take, for example, and their ideas were in charge of elec- ity of the Constitution, the President the Nation’s drug laws, an area in tions. But now it is no longer just has audaciously declared that ‘‘when which the Obama administration de- about a democracy; it is about keeping Congress won’t act, I will.’’ And he has cided it disagrees with the criminal corporations out of our private lives, followed up these threats with a vari- statutes on the books and wants to im- out of our bedrooms, and out of our re- ety of unilateral executive actions, plement a different policy. The Presi- ligious decisions. It is an even bigger many of which are flatly inconsistent dent has demonstrated an eagerness to fight now. with the law and the Constitution. do so unilaterally, no matter the gov- If you don’t want to find out where Over the past weeks and months I erning Federal law, and no matter the corporate influence and the Supreme have come to the Senate floor to speak broad and bipartisan support for sen- Court will go next, I would encourage out about a series of specific instances tencing reform in Congress. The admin- you to join me and fight back with that exemplified the brazen lawlessness istration’s new clemency push for drug

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4390 CONGRESSIONAL RECORD — SENATE July 10, 2014 offenders seeks to employ the Presi- must include ObamaCare. Back when In each of these areas, the Obama ad- dent’s specific constitutional power— the administration was writing that ministration’s executive overreach one limited to relieve individual in- 2,000-plus page monstrosity, the bill’s simply cannot stand—and it won’t. The stances of injustice—to provide relief proponents argued that its length and President is rightly facing increased to large swaths of criminals who fit a complexity were necessary evils—that scrutiny and criticism in a range of few broad criteria. The President has its many intricate parts were essential areas for his illegitimate approach. also directed major changes over which to achieving the bill’s promised objec- Over the past two weeks, the Supreme Federal drug crimes are charged and at tives. Court strongly rebuked the President’s what level to do this. His administra- The individual mandate, the em- lawlessness in three key cases. tion has cited prosecutorial discre- ployer mandate, the minimum cov- The Utility Air Regulatory Group v. tion—a limited authority derived from erage requirements, the cuts to Medi- EPA case involves one of the most con- the power to adapt enforcement for an care Advantage, and the limits for sub- troversial issues debated today: regu- individual’s specific circumstances—to sidies to State-run exchanges—we were lating carbon dioxide emissions in an implement what are, in fact, broad promised these provisions and others effort to stop global warming. Ameri- standards affecting thousands upon were both critical and carefully timed cans and their elected representatives thousands of prosecutions. to expand coverage and rein in costs. have been seriously debating whether Given the scope of these actions, Yet, when the time came to implement and how to pursue that, just as we compared to the Executive’s narrowly the law, the administration’s tune should when weighty matters of na- tailored authorities, the administra- changed. To justify violating a number tional policy are considered. Congress tion’s invocation of prosecutorial dis- of clear statutory mandates, the ad- has considered various pieces of legis- cretion and the clemency power have ministration has mustered a weak and lation over the years to grant Federal become transparent excuses to justify unconvincing hodgepodge of legal acro- authority to regulate carbon dioxide flouting existing Federal law. batics—all for the purpose of allowing emissions, most notably President We have seen President Obama claim Obama’s 2009 cap-and-trade bill. Each the power to gut the law by unilater- the administration to avoid enforcing the central provisions of its own signa- time we have considered such legisla- ally creating gaping enforcement tion, the majority of us have made the carve-outs, thereby effectively rewrit- ture law. Consider some of these particularly careful choice that the purported bene- ing policy set by legislation. Take im- fits are not worth the undeniably mas- migration, an area in which many of egregious justifications: claiming that limited transition authority exercised sive costs: hundreds of thousands of us—myself included—support reform jobs destroyed and gas and electricity but which is currently governed by ex- by one agency justified another agency exerting that power even more broadly; prices sent soaring. isting law. For years the Obama ad- President Obama, though, told us or asserting that subjective impres- ministration has advanced a growing again that he ‘‘won’t take no for an an- sions of excessive cost could justify a number of enforcement carve-outs for swer’’—or, in other words, that he re- hardship exemption, when the statute increasingly expansive classes of ille- fuses to accept that the Constitution gal immigrants. First, it exempted specifically defines excessive costs in delegates to the people’s representa- those brought here as children, then objective terms; or defining explicit, tives in Congress—and not to him veterans, then their families. Now the carefully timed deadlines written into alone—the power to make or change administration is contemplating ex- the law by Congress, the timing of the law. Defying Congress and the law, cluding from the application of duly which is supposed to anchor the whole he claimed authority under the Clean enacted immigration law anyone who statutory scheme; or abusing a small Air Act to regulate carbon emissions has not committed serious felonies. pilot program to mitigate the law’s from powerplants. But the Clean Air While nearly everyone agrees that vio- vast cuts to Medicare Advantage; or Act plainly does not provide him that lent criminals should be our highest simply ignoring a critical provision authority. priority, the administration has gone limiting how billions of dollars in tax In attempting to provide a shred of much further and essentially declared subsidies are to be spent. legal justification for its actions, the its intention to make current immigra- These are only a few examples of this Obama administration took a detailed tion law a dead letter in virtually administration’s lawlessness in imple- provision of the law, complete with every other case. menting ObamaCare. I could continue precise numerical thresholds, and uni- We have seen the Obama administra- on about the significant legal concerns laterally rewrote it through regulation tion openly ignore its statutory obliga- surrounding this administration’s abu- to claim power Congress never, in fact, tions without meaningful justification. sive handling of high-risk pools, its du- gave. Consider the President’s decision to re- bious actions involving the small busi- The Supreme Court rightly struck lease the top five Taliban leaders in ness exchange, its sweetheart deals down the administration’s abuse of au- U.S. custody without notifying Con- granting unauthorized exemptions for thority in this instance, as it has done gress, as required by Federal law. The labor unions, and many other similarly in past cases. But, unfortunately, such administration’s excuses for delaying problematic actions. regulatory overreach has become so notification could not stand up to scru- But the point is clear: Time and common in the Obama administration tiny under the President’s own ration- again, the Obama administration has that Federal bureaucrats have become ales. Indeed, the administration’s own flouted its constitutional responsibil- experts in manufacturing supposed statements demonstrate that it delib- ities, exceeded its legitimate author- legal authority out of thin air. And the erately withheld advance notification ity, ignored duly enacted law, and courts are simply unable to keep up of the release from Congress for the il- sought to escape any accountability for with the explosion of executive over- legitimate purpose of minimizing con- its unilateralism. reach by President Obama’s adminis- gressional opposition. Today I have simply scratched the tration. We have seen some of the Obama ad- surface of the Obama administration’s Perhaps the most extreme example of ministration’s worst abuses of execu- legally dubious actions. I could also such executive abuse was at issue in tive power in creating and imple- discuss the way the administration is the Burwell v. Hobby Lobby case. menting its signature legislative pro- manipulating the Endangered Species Under the auspices of ObamaCare, the grams. In Dodd-Frank, for example, the Act to assert control over private prop- Department of Health and Human administration created a new agency erty, or the EPA’s many abuses: its ex- Services issued a regulation requiring with unprecedented and unchecked isting source rule, its cross-State air employers to pay for a full complement power—no meaningful administrative pollution rule, its waters of the United of birth control methods for every em- controls on its power, no congressional States rule, and its CAFE standards. Or ployee. The Obama administration ap- control over its budget, and no effec- I could catalog the illegal actions of plied this mandate to almost all em- tive judicial review of its far-reaching the President’s appointees to the Na- ployers—even those who run small, decisions. tional Labor Relations Board, the Nu- closely-held businesses and whose deep- And of course, any discussion of exec- clear Regulatory Commission or the ly-held religious beliefs conflict with utive overreach by this administration Federal Communications Commission. the mandate.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4391 Some media outlets have focused on answer and claimed the power to use less overreach has only just begun. the conflict between this latest the recess appointment power to in- While we should applaud the Court’s ObamaCare abuse and the principles stall these four nominees, even though recent decisions, we should also realize enshrined in the First Amendment’s the Senate had completely different the limits of courtroom litigation to protection of the free exercise of reli- rules. But even the Department of Jus- check executive branch abuse. Indeed, gion. Others have focused on the tice admitted that a 3-day adjournment the Obama administration has gone to Obama administration’s argument that was too short to give the President great lengths to shield its lawlessness corporations are not people—as if the lawful authority to bypass the Senate. from judicial review by surreptitiously particular form of how individuals or- Instead, the President audaciously crafting many of such actions to pre- ganize themselves to do business some- claimed the power to decide that, in his vent any plaintiff from having legal how allows the Federal Government to opinion, our so-called pro forma ses- standing to launch a challenge in trample their religious liberties. sions during this period did not count court, by aggressively challenging the But in all of the sound and the fury, as sessions of the Senate, even though legitimacy of suits that have been a central point has been lost: The they had always counted, and the Sen- filed, by significantly curtailing the Hobby Lobby case was actually about a ate should decide its own rules, and availability of judicial review, and by direct threat to the separation of pow- that has always been the rule around brazenly packing the DC Circuit—the ers. It pitted the Obama administra- here. Nation’s most important court for tion’s unilateral mandate against a law Not only, as Hamilton explained in most regulatory cases—with compliant passed by Congress. Federalist 69, did the Framers specifi- judges. In issuing this regulation, the Obama cally deny our President the King’s The Speaker of the House has an- administration completely disregarded power to deem the legislature out of a duly enacted Federal statute, the Re- nounced plans to vote on a measure to session, but during these sessions the authorize a lawsuit against President ligious Freedom Restoration Act, Senate was fully capable of engaging in which specifically bars such govern- Obama for his unfaithful execution of its business. In fact, during similar ses- the law. While I support the legislative ment infringement on Americans’ right sions the previous fall, the Senate had to exercise their religious beliefs. The branch using every tool at our disposal twice passed legislation that President to hold this President accountable to ObamaCare contraception mandate Obama himself signed. flies in the face of the law’s require- his constitutional obligations, we So extreme were the administration’s should also be mindful of our decades- ment that the government not substan- arguments that the Supreme Court tially burden the exercise of religion long fight to limit the judicial power to unanimously held President Obama’s its proper role under the Constitution. unless it is the least restrictive means actions unconstitutional. In doing so, of furthering a compelling government We should not seek to replace one con- the Court confirmed that the Constitu- stitutional travesty—the lawlessness of purpose. I know. I was the prime spon- tion does not create in the President sor of that bill in the Senate, and I got this President—with another by break- an endlessly flexible power to bypass ing down the structural limits on the my friend Senator Kennedy to go along Congress when he happens to disagree with me. The President said it was one judicial power. On the other hand, the with us—as if our advice-and-consent House may very well succeed because of the most important bills in history, role were merely an inconvenience to that religious freedom may be the most of the actions of this President because be avoided, rather than the organizing important of all of our freedoms. something has to be done to curtail principle of how the constitutional As a lead author of the Religious these inappropriate, unilateral, illegal Freedom Restoration Act, it has been process is designed to work. actions. Taken together, these three cases particularly frustrating to see the Jus- In the end, we cannot rely on the represent a resounding victory for the tices of the Supreme Court wrongly courts alone. With such a powerful and rule of law and the Constitution over criticized for supposedly limiting ac- aggressive President, all of us must the President’s unilateralism, and they cess to birth control. In reality, all the stand and fight back against this exec- are far from unique examples. The Court did was hold the Obama adminis- utive lawlessness. I urge all my col- Court has ruled unanimously, by a vote tration accountable to the law—spe- leagues—both Democratic and Repub- of 9 to 0, against the Obama adminis- cifically, a law that passed Congress lican—to use the rightful and legiti- tration 20 times—20 times, 9 to zip. with near unanimity and was signed by mate constitutional authorities the These include many significant cases, President Clinton, who lauded the law. Framers gave us to stand and resist the such as the Hosanna-Tabor case, in I was there. I was on the south lawn President’s recklessness. when he signed that. So were many which the Obama administration tried to control a religious organization’s But whether blinded by partisan loy- others. alty to the President or too inexperi- In the NLRB v. Noel Canning case, by hiring of its ministers; the Sackett case, in which the Obama administra- enced to understand this body from contrast, the administration violated any other perspective than having a one of the Constitution’s central tion tried to take away the lawful right to challenge unlawful EPA fines like-minded Senate majority and checks on Presidential power, the re- President, my colleagues on the other quirement that nominations of prin- of up to $75,000 a day on a poor couple who were just trying to improve their side of the aisle have allowed—even fa- cipal officers receive the advice and cilitated—this administration’s at- consent of the Senate except during property; and the Arizona case, in which the Obama administration tried tempts to break down the constitu- the recess of the Senate. tional checks on Executive power. Concern about Executive appoint- to displace State law with mere Fed- ment abuse was on the minds of our eral enforcement priorities. I urge them to change course. That is Fathers when they devised the Senate’s But instead of taking these rebukes the tradition of some of the greatest role in the process. Their fears were to heart, the President has doubled Senators on both sides of the aisle—of strikingly similar to what President down on his go-it-alone attitude. He Mike Mansfield, Howard Baker, and Obama has sought to make reality: a has vowed more Executive orders of Robert Byrd. That is the purpose of the radical set of National Labor Relations questionable legality, he has re- Constitution’s division of powers, for Board appointees who promised to tip affirmed his commitment to an ex- as Madison counseled in Federalist 51, the balance of the Board toward an ex- treme anti-energy agenda and a will- ‘‘. . . the great security against a grad- treme and divisive agenda and a Con- ingness to abuse his legal authorities ual concentration of the several powers sumer Financial Protection Bureau Di- to unleash an onslaught of new regula- in the same department consists in giv- rector nominee endowed with unprece- tions, and he has used the mistrust he ing to those who administer each de- dented power—no checks on his re- created by refusing to enforce existing partment the necessary constitutional moval, no congressional control over immigration law to justify further non- means and personal motives to resist his budget, and no effective judicial re- enforcement. encroachment of the others.’’ view of his actions. President Obama’s shameful defiance If this body is to maintain a mean- But President Obama again pro- in the face of the Supreme Court’s rul- ingful role in preserving liberty and claimed he would not take no for an ings means our fight against his law- prosperity, we must dutifully fulfill

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4392 CONGRESSIONAL RECORD — SENATE July 10, 2014 our constitutional obligation of check- a great defender not just of the rights be 1 hour of general debate on the bill, ing the President’s unlawful attempts of Irish immigrants but all immi- equally divided between the two lead- to assert illegitimate power. grants. So it was perfect that he and ers or their designees; that upon the I began my service here in 1977. Bob Anne swore their citizenship oaths use or yielding back of that time, the Byrd was the newly elected majority today with 137 other new Americans Senate proceed to votes in relation to leader. R.C. Byrd was one of the all- from 39 different countries and 5 con- the amendments in the order listed; time procedural experts in this body. tinents. that there be no second-degree amend- He was a very strong personality. He Billy grew up on a dairy farm in Gal- ments in order to any of the amend- would not be putting up with what this way, a city in the west of Ireland. In ments prior to the votes; that upon dis- President is doing. He would not be the late 1970s, he sold the farm and position of the Tester amendment, the putting up with the usurpation of the went into the pub business. Over the bill be read a third time and the Senate Senate’s power or of the legislature’s next 20 years, Billy and Anne had four proceed to vote on passage of the bill, power, the Congress’s power. children, and they owned and operated as amended. I call on my Democratic friends on several well-known pubs and res- The PRESIDING OFFICER. Without the other side to start standing up. If taurants in Galway. Life was good. objection, it is so ordered. they do not start standing up, I think Then their daughter Amy—an excel- Mr. REID. So, Mr. President, we un- the people are going to hold them ac- lent athlete herself in rowing—won a derstand that in getting this agree- countable because these are separated full college scholarship to Amherst ment, Senators should expect a rollcall powers and the legislative body is sup- College in Massachusetts. vote in relation to the Coburn amend- posed to handle these matters and not For years, it had been Billy’s dream ment and another rollcall vote on pas- some President unilaterally changing to open a business in America. At the sage of the bill, as amended. The other the law at his whimsy. age of 48, when his daughter headed off amendments in this agreement are ex- With that, I suggest the absence of a to America, he decided to give it a pected to be subject to voice votes. quorum. shot. His friends thought he was crazy. Mr. President, we have whipped right The PRESIDING OFFICER. The Anne waited several months before she through this very quickly, but it is an clerk will call the roll. followed Billy to the States for this extremely important piece of work The assistant bill clerk proceeded to venture. She wanted to make sure this that was done on a bipartisan basis on call the roll. wild idea had a possibility of success. a very, very important piece of legisla- Mr. DURBIN. Madam President, I ask Billy looked at opportunities in Bos- tion. We have to do this, this terrorism unanimous consent that the order for ton and Philadelphia. But on December insurance. With all the things going on the quorum call be rescinded. 31, 1997, New Year’s Eve, Billy arrived in the world, if we do not finish this, The PRESIDING OFFICER (Ms. in Chicago. He knew he had found a there will be no construction in Amer- HEITKAMP). Without objection, it is so new home. ica. We went through this a number of ordered. Today, Chicago is home to Billy and years ago. Construction came to a f Anne Lawless, all four of their chil- screeching halt. It was bad enough, but dren, and their seven American-born with this not being able to be done, it CONGRATULATING THE grandchildren. As Billy says: LAWLESSES made it even worse. So we are very for- I can think of no other place in the world tunate we will complete it next week— Mr. DURBIN. Madam President, I where our family could have achieved what with this UC agreement. wish to take a moment to congratulate it has in America. two long-time friends. Billy and Anne, thank you and all f Sixteen years ago, after moving to your family for what you have given to MORNING BUSINESS America, Billy Lawless and Anne Chicago, to Illinois, and to our Nation. Mr. REID. Mr. President, I ask unan- O’Toole Lawless today became citizens You have waited a long time and imous consent that the Senate now of the United States of America. This worked hard for this day. Now it is proceed to a period of morning busi- is a cause for celebration, not just for here. I am proud to call you not only ness, with Senators allowed to speak Billy and Anne but for the entire city my friends but my fellow Americans. therein for up to 10 minutes each. of Chicago. You see, the Lawless family Congratulations on becoming citizens The PRESIDING OFFICER. Without is part of the restaurant royalty in of the United States. Chicago. Madam President, I yield the floor objection, it is so ordered. Billy and Anne and their four grown and I suggest the absence of a quorum. f children—Billy, Jr., Amy, John Paul, The PRESIDING OFFICER. The EASTER HOMILY and Clodagh—own and operate three of clerk will call the roll. the best-loved—and my favorite—res- The assistant legislative clerk pro- Mr. LEAHY. Mr. President, Father taurants and pubs in Chicago. They are ceeded to call the roll. O’Donovan is one of the dearest friends going to open another set very soon. Mr. REID. Mr. President, I ask unan- I have from my association with Good food, good fun, great people, that imous consent that the order for the Georgetown past or present. Marcelle is what the Lawless restaurants are all quorum call be rescinded. and I were privileged to help him cele- about. Billy Lawless is also a tireless The PRESIDING OFFICER (Mr. brate his 80th birthday and join him for and eloquent advocate for immigration BEGICH). Without objection, it is so or- church the next day. His homily is reform. dered. truly reflective of the wonderful One of the great heroes of Irish my- UNANIMOUS CONSENT AGREEMENT—S. 2244 human he is and I wanted to share it thology is a benevolent giant by the Mr. REID. Mr. President, I ask unan- with my fellow Senators. I ask unani- name of Finn McCool, a great defender imous consent that at a time to be de- mous consent that Father O’Donovan’s of Ireland. termined by me, after consultation April 27, 2014 homily be printed in the In his younger days, Billy Lawless with Senator MCCONNELL, the Senate RECORD. was a championship rower. At 6-foot-2, proceed to the consideration of Cal- There being no objection, the mate- with a broad rower’s chest and strong endar No. 438, S. 2244; that the com- rial was ordered to be printed in the arms, he looks a little bit like Finn mittee-reported amendments be agreed RECORD, as follows: McCool. And he is chairman of the to; that the bill, as amended, be consid- A JESUIT’S JOURNEY group called Chicago Celts for Immi- ered original text for the purposes of HOMILY IN DAHLGREN CHAPEL gration Reform. further amendment; that the only ON THE SECOND SUNDAY OF EASTER But it is not just Irish immigrants amendments in order to the bill be the 27 APRIL 2014 Billy cares about. Billy Lawless under- following: Coburn No. 3549, Vitter No. Dear Friends: I beg your indulgence this stands that America’s history of wel- 3550, Flake No. 3551, and Tester No. morning to speak more personally than the coming immigrants from across the 3552; that each amendment have 1 hour Second Sunday of Easter would ordinarily globe—and he knows; he is part of it— of debate, equally divided between the suggest. You may permit me to do so, how- is what makes our Nation great. He is proponents and opponents; that there ever, since you have come to the Hilltop not

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4393 only to help me celebrate a very ‘‘round’’ Great Tutor we were learning that incarna- ty of God can come in the mode of fulfill- birthday but also to give your support to the tion was specific to a certain time and ment, in achieved form and luminous color education of young Jesuits. And so the story place—but also calls all time and space to and delicate balance, but also in the mode of of this one Jesuit’s journey will be linked to union with it. hope, in protest against violence, in fury at that of my fellow Jesuits as well as to you, THE GOD OF SUFFERING injustice, in conscientious objection. my very dear friends. Incarnation, however, means becoming To say that the Spirit of God teaches us to When yesterday, it seems—I entered the fully human, and sooner or later, one learns see again and to hope to see wholly is not to Society of Jesus, I was setting forth on a the cost of the endeavor. There were ghastly claim completion. I find myself at 80 each journey for which there were indeed words— events in political society such as the Bal- year happier and more blessed to be a Jesuit the love of God, the service of our fellow kans war or the Rwanda genocide. There priest—but journeying still. This too: beauty human beings, a vowed life in the Church— were what many of us considered retreats is always fresh, new, surprising. And if a pa- but only a fairly shallow grasp of what they from the ‘‘aggressive fidelity’’ of the Coun- tient God has made our time God’s own, and might mean. Yesterday, with other newly cil. Our own nation’s struggles with racism, our suffering God’s own, then how can we not entered Jesuits, we were young, vigorous, sexism, and the serious poverty of many hope that in today’s liturgy indeed but one some had great dreams, others cherished a Americans seemed to fail as often as they day finally and forever, God’s Spirit will blessed sense of duty, all sensed that some- succeeded. teach each of us the most beautiful words of how the life they gave to the esteemed Soci- But there were more personal losses as all: ety of Jesus would also be found, truly, in well. We lost parents and friends. We strug- Take me. I am yours. that least Society. gled with alcoholism and other addictions. LEO J. O’DONOVAN, S.J. And now, suddenly, I find myself . . . 80 Cherished projects all too often failed. The f years old. When I entered the Novitiate dur- social legislation we favored did not pass. ing the presidency of Dwight D. Eisenhower, The promotion we hoped for went to some- A HISTORICAL PERSPECTIVE under the papacy of Pius XII, and with John one else. Anxiety became a nearer neighbor. Mr. LEAHY. Mr. President, it is al- Baptist Janssens as General Superior of the Many fellow Jesuits, a Provincial and not a ways good to have someone in the Society of Jesus, order was a relative con- few best friends among them, left our com- stant in our experience. Soon the constant media with a sense of history. Walter pany. The symphony’s scherzo proved to be a Pincus demonstrates that time and became change. In our formative years our threnody. nation was shaken, for good and ill, by the But God was patient, was indeed perhaps again. His June 19 column in The civil rights movement, the Vietnam War, most patient with our suffering. The cross of Washington Post is a prime example Watergate. The Second Vatican Council, Christ before which we had been encouraged and I ask unanimous consent that the with roots, we learned, in the liturgical, pa- to ask: ‘‘What have I done for Christ? What article be printed in the RECORD. tristic, theological and ethical scholarship of am I doing for Christ? What shall I do for There being no objection, the mate- many Jesuits among others, convened in a Christ?’’ became something not imagined but rial was ordered to be printed in the miraculous rush of time between 1962 and rather our immediate experience. His suf- RECORD, as follows: 1965. New hope dawned for the Church in the fering was ours, and ours his, because he had world, most of us thought, just when the given himself for and to us, and had claimed [From the Washington Post, June 19, 2014] world seemed most to need such a beacon. us to and for him. DICK CHENEY WANTS TO FORGET HISTORY AND Within a decade, the journey on which we And so, even more miraculous than life WRITE HIS OWN VERSION had embarked seemed to have mysteriously itself, there Christ is—in the illiterate vil- (By Walter Pincus) changed—to have become, in fact, far more lage, the anguished schizophrenic, the soli- Why should anyone take seriously what an adventure. We were invited to change, tary death row, all the battlegrounds of the Dick Cheney says about President Obama’s too, if we were really to live in the time we world—the whole Christ to whom all belong policy in Iraq? were being given. Many other friends had ex- and they to him, the crucified and risen one In their Wall Street Journal op-ed this periences somewhat similar, not least be- who is never a stranger but the patient one week, Cheney and his daughter Liz began by cause children change everything. who waits for us always—and from whose cherry-picking Obama quotes from over THE GOD OF TIME love nothing, nothing, nothing can separate three years about the Islamic State of Iraq The time we were being given: through it us. and Syria (ISIS). all there was this constant: the patience and THE GOD OF BEAUTY That warmed-over technique is what Che- fidelity of God. In the Society of Jesus we If the cross of Christ seals our time and ney, President George W. Bush and other top wanted liturgical participation, social re- shares our suffering, revealing the patience aides cleverly used with intelligence reports newal, a newly intimate community life. In- of God, it awakens us also, in ways I scarcely in the fall of 2002 as they drummed up public deed, as the Society began remarkably to ap- could have imagined all those years ago on support for their invasion of Iraq. That, of propriate the aggiornamento of the Council this Hilltop—yesterday—to the beauty of course, set the stage for today’s terrible in its General Congregations from the 31st God. Darwin wrote toward the end of his life events. onward, under the new and (I deeply believe) and without apparent regret that his sci- ‘‘Rarely has a U.S. president been so wrong sainted leadership of Pedro Arrupe, we were entific studies had led him no longer to be about so much at the expense of so many,’’ called officially and authoritatively to rec- able to enjoy Shakespeare. Dostoevsky, on the Cheneys chortled. ‘‘Too many times to ognize that a community of loved sinners the other hand, let Prince Myshkin speak his count, Mr. Obama has told us he is ending’ can only be faithful if it seeks the unloved, hope: Beauty will save the world. the wars in Iraq and Afghanistan—as though stands with those who have been shunned, For many young people, ‘‘the beautiful’’ is wishing made it so.’’ lives but also learns in solidarity with the a preoccupation for an elite few. But with Let’s return to a Dick Cheney speech on poor. fellow Jesuits and so many of you here Aug. 27, 2002, in Nashville, before the Vet- How clumsily, how unrealistically, with today, I have learned how wonderfully var- erans of Foreign Wars (VFW) and see how what a rush we often sought our new goals ious and compelling God’s world is. My Jes- many times a vice president could be ‘‘so and discovered that God, the Holy Mystery uit classmates included a poet, historians, wrong about so much at the expense of so who is our Absolute future, was patient with literary critics, high school and college ad- many.’’ our straining time, was even taking it into ministrators, journalists and prolific au- He told his audience: ‘‘In Afghanistan, the God’s own life. (Some of us became aware of thors, theologians and philosophers, spir- Taliban regime and al-Qaeda terrorists have what can only be called God’s sense of humor itual directors and retreat masters, met the fate they chose for themselves. And before the human spectacle.) The love of ethicists. We have served in North America, they saw . . . the new methods and capabili- neighbor which had seemed like the love of South America, Europe, Africa and Asia. ties of America’s armed services.’’ God, a moral imperative and recommended And if beauty is what arrests and compels Here’s another applause line: ‘‘In the case pattern of behavior, proved to be far more: human attention, whether in the splendor of of Osama bin Laden—as President Bush said the discovery of and entry into God’s own a sunset or the sorrow of a scar, a Frederick recently—‘If he’s alive, we’ll get him. If he’s life. God was not just pleased if we could be Edwin Church landscape or a character such not alive—we already got him.’’ healing, or encouraging, or messengers of as August Wilson’s King Hedley II, we have The Bush team never got him. Obama did. justice. God was there, in the care and hope seen too much marvelous variety not to have When Cheney was speaking, bin Laden was and justice, taking our time into God’s own. become more alert to the beauty of the arti- very much alive. Al-Qaeda terrorists and the For if God is eternal but also offers divine san of it all. Taliban had just retreated, but they were life and grace to a freely created world, then It was easy enough to appreciate the har- able to regroup as the Bush team, satisfied that world’s time and history, our time and monious, the splendid, the musical moments with its ‘‘victory’’ in Afghanistan, had history, becomes God’s time and history of our experience. Harder to recognize what turned its attention and U.S. military forces truly, too. distortion, darkness, dissonance reveal. But toward Iraq. We had set off on a journey to a goal—and the same Spirit that establishes order can It was in this speech that Cheney began discovered that we were already, however comfort tears; the Spirit that illumines can what a former Bush chief of staff, Andrew and even desperately unworthily, already guide through the night; the Spirit that Card, would describe as the fall 2002 public- living in it. Through the patience of the teaches song can interpret discord. The beau- relations plan to ‘‘educate the public’’ about

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4394 CONGRESSIONAL RECORD — SENATE July 10, 2014 the so-called threat from Iraq. That effort day’s ‘‘reality is that Iran is already the The Nevada Native Nations Land would lead to a congressional joint resolu- most influential external player in Iraq and Act, S. 2480, would transfer land into tion authorizing the president to use U.S. so any effort without Iranian participation trust for seven northern Nevada armed forces to ‘‘defend the national secu- will likely fail.’’ tribes—the Elko Band of the Te-Moak rity of the United States against the con- Baker has a successful track record and a Tribe of Western Shoshone Indians, the tinuing threat posed by Iraq’’ and ‘‘enforce memory. The Cheneys have neither. all relevant United Nations Security Council Fort McDermitt Paiute and Shoshone f resolutions regarding Iraq.’’ Tribe, the Duck Valley Shoshone Pai- Cheney told the VFW: ‘‘The Iraqi regime NEVADA TRIBAL LANDS ute Tribes, the Summit Lake Paiute has in fact been very busy enhancing its ca- TRANSFER Tribe, the Reno-Sparks Indian Colony, pabilities in the field of chemical and bio- the Pyramid Lake Paiute Tribe and the logical agents. And they continue to pursue Mr. REID. Mr. President, this week South Fork Band of the Te-Moak Tribe the nuclear program they began so many the Senate Committee on Indian Af- of Western Shoshone Indians. As does years ago.’’ fairs held a hearing to address five im- S. 2479, the Nevada Native Nations He added: ‘‘We’ve gotten this from the portant pieces of legislation. Two of Land Act would allow these seven firsthand testimony of defectors—including these bills, the Moapa Band of Paiutes Saddam’s own son-in-law, who was subse- tribes to build housing for their mem- quently murdered at Saddam’s direction. Land Conveyance Act—S. 2479—and the bers, preserve their cultural heritage Many of us are convinced that Saddam will Nevada Native Nations Land Act—S. and traditions, and provide opportuni- acquire nuclear weapons fairly soon.’’ 2480—will transfer land into trust for a ties for economic development. A former White House deputy press sec- total of eight Indian tribes in Nevada Since time immemorial, the Western retary, Scott McClellan, would later write for heritage preservation and economic Shoshone have been living in what is that a White House Iraq Group (WHIG) was development. now known as southern Idaho, central ‘‘set up in the summer of 2002 to coordinate Nevada’s Great Basin has always Nevada, northwestern Utah, and the the marketing of the [Iraq] war,’’ and will continue ‘‘as a strategic communications been home to the Washoe, Paiute and Death Valley region of southern Cali- group after the invasion had toppled Saddam Western Shoshone Peoples. The First fornia. The Elko and South Fork Bands [Hussein]’s regime.’’ Nevadans have long been a voice for are two of four bands that comprise the It was Cheney at the VFW convention who protecting our wild landscapes and en- Te-Moak Tribe of Western Shoshone first said: ‘‘Regime change in Iraq would riching our State through their lan- Indians. bring about a number of benefits to the re- guage and cultural heritage. I take the The Elko Band’s reservation, or col- gion. When the gravest of threats are elimi- many obligations that the United ony, is landlocked by the growing City nated, the freedom-loving peoples of the re- States has to tribal nations seriously. of Elko, where band members have gion will have a chance to promote the val- been coming for mining and railroad ues that can bring lasting peace.’’ Land is lifeblood to Native Americans He also said: ‘‘Extremists in the region and these bills provide space for hous- jobs for decades. The colony needs ad- would have to rethink their strategy of ing, economic development, traditional ditional lands for housing and eco- Jihad. Moderates throughout the region uses and cultural protection. I would nomic development. My legislation would take heart. And our ability to advance like to commend the tribes, whose im- would expand the Elko Band’s reserva- the Israeli-Palestinian peace process would mense work and collaboration made tion by transferring 373 acres of BLM- be enhanced, just as it was following the lib- these bills possible, and I look forward managed land into trust for the tribe. eration of Kuwait in 1991.’’ to continuing to work with our First S. 2480 would also convey 275 acres, Show me a better example of ‘‘as though just west of the City of Elko, to Elko wishing made it so.’’ Nevadans on protecting homelands. The Cheneys also cavalierly forget that the The Moapa Band of Paiute Indians County to provide space for a BMX, status of forces agreement with Iraq that have been in Nevada and the West since motocross, off-highway vehicle, and Bush signed Dec. 14, 2008, made way for the time immemorial and suffered great stock car racing area. The South Fork Reservation, home withdrawal of all U.S. combat troops by the land losses through Federal Indian pol- end of 2011. That agreement protected U.S. to the South Fork Band, is comprised icy. When the Moapa River Reservation forces on duty from prosecution by Iraqi of 13,050 acres. The Band was one of the was established in the late 1800s, it courts. It was the Iraqis’ desire to modify groups of Western Shoshone that re- consisted of over 2 million acres. In its this that led Obama—on the advice of his fused to move to the Duck Valley Res- lust to settle the West, Congress dras- military chiefs—to not leave a residual force ervation and stayed at the headwaters of military trainers. tically reduced the reservation to just of the Reese River, near the present One more sign of the Cheneys’ convenient 1,000 acres in 1875. It wasn’t until 1980 Battle Mountain Colony. Established amnesia: They said of Obama’s initiative to- that Congress restored 70,500 acres to by Executive order in 1941, the colony ward involving Tehran in the effort to put the reservation. Today the reservation down ISIS advances in Iraq, ‘‘Only a fool was originally 9,500 acres of land pur- is approximately 71,954 acres. would believe American policy in Iraq should chased under the Indian Reorganiza- be ceded to Iran, the world’s largest sponsor The Moapa Band of Paiutes Land tion Act. In addition to rugged high of terror.’’ Conveyance Act, S. 2479, would direct desert terrain near the foothills of the In November 2001, the Bush White House, the Secretary of the Interior to take Ruby Mountains, the reservation has despite icy relations, approved talking di- more than 26,000 acres of land cur- open range which is used for open cat- rectly to Iran diplomats before and during rently managed by the Bureau of Land the Bonn conference called to try to estab- tle grazing and agricultural uses. The Management—BLM—and the Bureau of Nevada Native Nations Land Act would lish a post-Taliban government in Afghani- Reclamation into trust for the Moapa stan. As a result, U.S. Ambassador James place 28,162 acres of BLM land into Dobbin got what he described as Tehran’s People who live outside of Las Vegas, trust for the tribes and release the Red ‘‘major contribution to forge a solution’’ NV. This legislation would provide Spring Wilderness Study Area—WSA— among various Afghan groups, which in turn much needed land for the tribe’s hous- from further study. led to a unified temporary Kabul government ing, economic development and cul- The Northern Paiutes made their under Hamid Karzai. tural preservation. homes throughout what is now known On Dec. 5, 2001, a White House spokesman Located on I–15, the tribe runs the as Idaho, California, Utah and Nevada. described Bush as ‘‘very pleased’’ with the Moapa Paiute Travel Plaza. The tribe Afghan agreement. However, in his Jan. 29, Due to westward expansion, our gov- 2002, State of the Union speech, Bush de- is the first in Indian Country to de- ernment pushed some Western Sho- scribed Iran, Iraq and North Korea as the velop utility-scale solar projects on shones and Northern Paiutes into the ‘‘axis of evil’’ at the same time there were tribal lands. Since southern Nevada same tribe and onto the same reserva- meetings underway between U.S. and Iranian has critical habitat for the desert tor- tion where their descendants remain. diplomats to see whether talks could go be- toise, a species listed as threatened The Fort McDermitt Paiute and Sho- yond Afghanistan. under the Endangered Species Act, the shone Tribe now make their home In contrast to the Cheneys, people should tribe works closely with Federal, along the Nevada-Oregon border. Start- listen to former secretary of state James State, and local partners, members of Baker III, who in Thursday’s Wall Street ing as a military fort in 1865, the mili- Journal called on the United States to orga- the conservation community and inter- tary reservation was turned into an In- nize an international coalition of regional ested stakeholders to develop their dian Agency in 1889 then established as countries, including Iran. Recalling Iran’s community in an environmentally re- an Indian reservation in 1936. The res- cooperation on Afghanistan, Baker said to- sponsible manner. ervation is currently made up of 16,354

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4395 acres in Nevada and 19,000 acres in Or- REMEMBERING HOWARD BAKER ful chairman at the time, Senator egon. The Nevada Native Nations Land AND ALAN DIXON Goldwater, told Dixon that if he Act would add 19,094 acres now man- Mr. LEVIN. Mr. President, the Na- thought there was a problem, he should aged by the BLM in Nevada to the tion recently lost two distinguished go down to Fort Bliss, TX, that week- lands already held in trust for the former members of this body. I join end, check it out, and report back to tribe. those who mourn former Senate major- the committee. Dixon did, and when he The Duck Valley Indian Reservation ity leader Howard Baker of Tennessee, asked, somewhat to the chagrin of his is the home of the Shoshone-Paiute and former Senator Alan Dixon of Illi- military tour guides, for a demonstra- Tribes who live along the State line be- nois. And I am reminded by their pass- tion of the system, it fired at 88 targets tween Nevada and Idaho. The reserva- ing of the passing of an era they helped and missed 87. When he reported back tion is 289,819 acres, including 22,231 forge, one in which elected officials of to the committee on his findings, it acres of wetlands. The tribes have lim- strong opinions but good will sought to quickly decided to cancel the program, a decision even the Pentagon had to ited economic opportunities and tribal accommodate the diverse viewpoints of support. members have made their way farming this great Nation, rather than using them to divide our people and obstruct Now, some might see that story as an and ranching. This bill would place 82 illustration of the need to challenge acres of U.S. Forest Service land into the operations of government. Howard Baker became known as ‘‘the authority, an argument against going trust for the tribes. The tribes plan to along to getting along—And it is—But rehabilitate structures that were used Great Conciliator.’’ I am one of the few members of the current Senate who it is important to note that Alan Dixon by Forest Service employees into didn’t try to demonize his opponents, much-needed housing on the parcel. served alongside him. We came from different places, and from different po- didn’t portray them as enemies. He The Summit Lake Reservation is one litical traditions. We saw the world dif- honestly disagreed, raised his objec- of the most rural and remote reserva- ferently. But I knew him, as all who tions, pursued the facts, laid them be- tions in Nevada along the Oregon and worked with him knew him, as some- fore his colleagues, and trusted in their California borders. Established in 1913 one who would fight for his positions good judgment. for the Summit Lake Paiute Tribe, the but also work to understand the posi- Our Nation is no less diverse than it reservation today is 12,573 acres. The tions of others. was when Howard Baker and Alan tribe seeks land to maintain the integ- He described himself as a moderate Dixon practiced the principled politics rity of its reservation, protect Summit at a time when that word wasn’t out of of accommodation. Our challenges are Lake and restore the Lahontan Cut- fashion. And that moderation and no smaller. The need to bridge gaps throat Trout. S. 2480 would transfer 941 sense of fairness are what guided him rather than widen them is just as ur- acres of BLM-managed land into trust as he helped guide the Nation through gent for us as it was for them. We can, for the tribe. one of the most searing experiences in and I hope we will, learn from their ex- amples as we confront the challenges The Reno-Sparks Indian Colony has a our history, the Watergate scandal. As we face and the needs of the Nation we very small 28-acre reservation in Reno, the ranking Republican on the Senate serve. NV. The colony has 1,100 Paiute, Sho- committee investigating the scandal, shone and Washoe members some of he was a calm, collected, comforting f whom live on a 1,920 acre reservation in presence at a time of great tumult. By HONORING OUR ARMED FORCES placing the good of the Nation and the Hungry Valley, which is 19 miles north ARMY SERGEANT JAMES E. DUTTON need to protect our democracy ahead of of Reno. The Hungry Valley Reserva- Mr. INHOFE. Mr. President, it is my his own party’s interests, he provided a tion is surrounded by shooting and honor to remember Army SGT James powerful example for us to follow, just ATV activities and tribal members E. Dutton. James died March 31, 2012 in as he did in helping to build bipartisan have requested a buffer zone to ensure Logar province, Afghanistan, in sup- support for important civil rights and the safety of their community. The leg- port of Operation Enduring Freedom. islation would transfer 13,434 acres of environmental legislation. James was born December 25, 1986 in Alan Dixon, too, was shaped by, and BLM land into trust for the tribe. Weleetka, OK. He graduated from helped to shape, a different era in poli- The Pyramid Lake Paiute Tribe have Weleetka High School in 2006 and later tics. In his memoir, Senator Dixon moved with his parents to Checotah, made their homelands around Pyramid wrote: ‘‘Generally speaking, my polit- Lake, a unique desert terminal lake. OK where he served as a firefighter for ical career was built on goodwill and the Lotawatah Rural Fire Department Pyramid Lake is one of the most valu- accommodation.’’ Too few political fig- able assets of the tribe and is entirely and worked for Winkle’s Hardware ures can make such a claim today. As until joining the Army. enclosed within the boundaries of the an elected official in Illinois, as a Sen- reservation. S. 2480 would expand the After completing basic combat train- ator, and as a valued member of the ing at Fort Jackson, SC, James was as- reservation with an additional 30,669 Senate Armed Services Committee, acres of BLM-managed land. signed to the 10th Mountain Division Senator Dixon gained a reputation for at Fort Drum, NY where he worked as This legislation is so important to fairness, balance and understanding. I a firefighter and mechanic. In 2008, me and the Indian tribes in Nevada. remember this well-earned reputation James had a son, William Tyler Ander- Throughout the history of our country, made him a great help to Senator Sam son and in 2009, shortly after the birth Native Americans have been removed Nunn, the Democratic leader on the of his son, he was deployed to Afghani- and disenfranchised from their home- Armed Services Committee, during de- stan. lands. They have been treated so poor- bate on the annual Defense Authoriza- He returned to Fort Drum in 2010 and ly. One of the first pieces of legislation tion Act. It is also why he was chosen in October of 2011 he was reassigned to I worked on when I came to Congress for the difficult and important respon- the 125th Brigade Support Battalion, 3d was the historic Pyramid Lake/Truck- sibility of leading the base closure Infantry Brigade Combat Team, 1st Ar- ee-Carson Water Rights Settlement. commission. mored Division, based at Fort Bliss, This involved two States, several cit- Senator Dixon showed that a fairness TX. He deployed for his second tour to ies, a lake, a river, endangered species, and accommodation need not con- Afghanistan in December 2011. and two Indian tribes. These Indian tradict fighting strongly for your be- James loved the U.S. Army and water rights needed to be protected, liefs. He often told the story of how planned on a long career serving his just as tribal lands need to be restored during committee debate on a defense country. He believed in and loved what especially in Nevada where tribal bill during the 1980s the committee was he was doing and that is where he landbases are smaller and more rural poised to sign off on buying a new anti- wanted to be. and remote than any other parts of In- aircraft system. Dixon had read that On April 23, 2012, the family held a dian Country. During my time in the system had serious problems, and funeral service at First Baptist Church Senate, I will continue to do what I can though he was then relatively junior in Checotah, OK and James was laid to to right some of the many wrongs and on the committee, he objected to its in- rest in Fort Gibson National Cemetery help tribes restore their homelands. clusion in the defense bill. The power- in Fort Gibson, OK.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4396 CONGRESSIONAL RECORD — SENATE July 10, 2014 James was preceded in death by his Today we remember Army SGT Dick Tipton County Sheriff’s Department sister Kimberly Ann Dutton, grand- A. Lee, Jr., a young man who loved his since 2012. father James H. Dutton, grandmother family and country, and gave his life as On Saturday, June 28, 2014, Deputy Ruby M. Dutton, and his great grand- a sacrifice for freedom. Calvin responded to reports of an in- father Sgt. Charles William ‘‘CW’’ ARMY CAPTAIN JESSE A. OZBAT jured motorist involved in a car crash. Kincannon. James leaves behind his Mr. President, it is my honor to also While driving to the scene of the crash, wife Ellen Marie Dutton, parents pay tribute to the life and sacrifice of Deputy Calvin’s patrol car left the road James K. and Trina M. Dutton of a remarkable young man, Army CPT and was involved in an accident. Sadly, Checotah, his young son William Tyler Jesse A. Ozbat. Jesse died May 20, 2012 despite the best efforts of his fellow of- Anderson of El Paso, TX; sisters: in Tarin Kowt Province, Afghanistan, ficers, EMTs and medical personnel, Valarie Hammond and Roxanne Gib- in support of Operation Enduring Free- Deputy Calvin, 31, succumbed to his son, both of Weleetka, and Stephanie dom. wounds. Walker of Oklahoma City, brothers: The son of a retired Army first ser- ‘‘He was doing what he was supposed Derek and Jeremy Johnson, both of geant, Jesse was born February 21, 1984 to do . . . I take a lot of comfort know- Wewoka; special friends, Brittany in Caro, MI. He was a member of the ing that he was going to help some- Brown and daughter Ally, of Water- Prince George High School Junior Re- one.’’ said his father, Dan Calvin. town, NY, Jerie-Lynn Woody, mother serve Officer Training Corps in Vir- An Indiana native, Deputy Calvin of William Tyler Anderson, Jacob Rec- ginia and graduated in 2002. He then lived in the town of Kempton. Jacob tor of Weleetka, Dale McBride of enrolled in Virginia State University’s learned at an early age the importance Checotah, his extended family of Army Reserve Officer Training Corps pro- of community and possessed a servant brothers and sisters; as well as many gram where he earned his commission heart. After graduating from Carroll other relatives, friends and loved ones on May 13, 2006, finishing in the top 10 High School, Jacob enlisted in the U.S. too numerous to mention. percent of all cadets nationwide. Air Force in 1999 at the age of 17. He Today we remember Army SGT Upon entering active service, Jesse served as a staff sergeant with the se- James E. Dutton, a young man who attended Basic Officer Leaders Course, curity police in the Air Force for 6 loved his family and country, and gave BOLC II at Fort Benning, GA, and years and was stationed in Iraq for a his life as a sacrifice for freedom. BOLC III at Fort Sill, OK. He was then tour of duty which he completed in ARMY SERGEANT DICK A. LEE, JR. assigned as the fire support officer for 2005. During his time serving in the Air Mr. President, as well I would like to the C/1—4 Stryker Infantry Company, Force, Jacob was recognized on mul- pay tribute to Army SGT Dick A. Lee, Schofield Barracks, HI, where he de- tiple occasions for his outstanding per- Jr. Alson and his assigned military ployed to the 1st and 14th Infantry, 2nd formance as a soldier. After his dis- working dog Fibi both of whom died Stryker Brigade in support of Iraqi charge, Jacob graduated from Lincoln April 26, 2012 in Ghazni province, Af- Freedom in 2009. He then returned to Technical Diesel Mechanic School and ghanistan, in support of Operation En- Fort Sill where he graduated from the would later start his own business, In- during Freedom. field artillery captain’s career course finity Diesel. Alson was born July 23, 1980 in Key- and was assigned to Headquarters In addition to his service with the stone Heights, FL and graduated from Headquarters Batter, HHB, 214 Fires Air Force and the sheriff’s department, Keystone Heights High School in 2000. Brigade as the fire controller officer Jacob was a member of the Kempton He enlisted in the Army in August of and Current Operations Office. From Volunteer Fire Department and was a that same year. Sept. 2010–March 2012, he served as the trained EMT. He was a member of the Alson was assigned as a military commander of the HHB, 214th Fires Future Farmers of America, a Brother working dog handler with the 529th Brigade. of the Free and Accepted Masons Mul- Military Police Company, 95th Mili- ‘‘He was a soldier. That’s all he ever berry Lodge, 10-year member of 4–H, tary Police Battalion, 18th Military wanted to be . . . a soldier. He died Civil Air Patrol receiving the ‘‘Billy Police Brigade, 21st Theater doing what he wanted to be,’’ said his Mitchell Award’’ and a devoted Sustainment Command, Sembach, Ger- grandmother Shirley Scott. congregant of the Flora First Christian many. He stayed safe on three previous A funeral service was conducted on Church. Known for his tenacious spirit deployments to Iraq and Afghanistan, June 2, 2012 at Fort Lee, VA. Interment and concern for others, Jacob was well but this deployment only lasted 23 days with full military honors followed the known and respected by those in the before the incident that tragically service at Blandford Cemetery in Pe- Tipton County community. claimed his life. tersburg, VA. ‘‘I’m very honored that I had Jake His commanding officer remembered He is survived by his wife Danielle T. Calvin work for me for two and a half him as a great soldier and dog handler. Ozbat of Petersburg, VA, parents Aaron years.’’ said Tipton County Sheriff ‘‘Always quick with a smile and laugh, M. and Cynthia A. Ozbat of Prince John Moses. he was the kind of person you always George, VA, mother and father-in-law Deputy Calvin is survived and deeply wanted to be around,’’ said COL Brian Dahlia and Anthony Fontaine of Pe- missed by his parents Dan Calvin Bisacre. tersburg, VA, brother Elijah A. Ozbat, (Carla) and Penny Williams Visser On May 15, 2012, the family held a fu- sister Marisa N. Ozbat, both of Prince (John), his fiance´e Ms. Samantha J. neral service and Alson was laid to rest George, VA, grandmother Lillian Scott Hawkins, paternal grandparents Robert in Jacksonville Memorial Gardens in of Petersburg, and grandparents Rich- and Anna Marie Calvin, step-paternal Orange Park, FL. ard and Shirley Scott of Caro, MI, as grandparents Richard and LaVerne ‘‘He was the best handler I had in my well as many other relatives, friends VonAhrens, brother Luke Calvin (Lea- kennels and the best NCO I had in my and loved ones too numerous to men- Anndra), stepbrother Zach Visser, step- kennels,’’ SFC Joseph Jones, the 529th tion. sister Victoria Visser, his three neph- Military Police Company’s kennel mas- Today we remember Army CPT Jesse ews: Dakota, Evan and Emmett, as ter said after the service. ‘‘He wasn’t A. Ozbat, a young man who loved his well as other relatives, friends, the Tip- just good, he was great.’’ family and country, and gave his life as ton County Sheriff’s Department fam- Alson is survived by his wife Kath- a sacrifice for freedom. ily, the Kempton Volunteer Fire De- erine Lee, a native of Shreveport, LA; f partment family and Hoosiers across their two sons: David and Joshua, his the state. mother Brenda Carroll, and her hus- REMEMBERING JACOB CALVIN Deputy Calvin loved his work, and he band Larry of Keystone Heights, FL, Mr. DONNELLY. Mr. President, gave his life to serve and protect the his father Dick Lee of Newcastle, OK, a today I wish to recognize and honor the citizens of Indiana. Although he would sister Vanessa Compton, and her hus- extraordinary service and ultimate sac- have never thought of himself as a band Danny of Fort Riley, KS, his rifice of Tipton County sheriff’s deputy hero, Deputy Calvin demonstrated his nephews: Zachary, Devin and Eric, of Jacob Calvin. Dedicated, loyal, and character daily by conducting himself Fort Riley, KS, and a brother Michael above all compassionate to those in with courage, bravery, compassion, Carroll of Keystone Heights, FL. need, Deputy Calvin served with the honor and integrity. Thus, he was a

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4397 true American hero—in his everyday This 150th anniversary is not just TRIBUTE TO JAMES R. COOPER life as a police officer, as a member of about something that is measured in ∑ Mr. CRAPO. Mr. President, my col- the U.S. Air Force, a son and friend to calendar years, it is about human ac- league Senator JIM RISCH joins me so many—and in his final call to duty. complishment, an occasion to celebrate today in honoring James R. Cooper, Let us always remember and treasure the people who for generations have who is retiring from the U.S. Depart- the memory of this stalwart, brave pulled together, cared for one another, ment of Energy, DOE, where he was a man and honor him for his selfless and built a community. Thanks to great asset to Idaho during his tenure commitment to serving his fellow citi- those who came before, Mount Chase with the Idaho Operations Office. zens. May God welcome him home and has a wonderful history. Thanks to Jim is retiring as deputy manager for give comfort to his family and friends. those who are there today, it has a the Idaho Cleanup Project. His respon- ∑ f bright future. sibilities have included management of ADDITIONAL STATEMENTS spent nuclear fuel and high-level radio- f active waste and the exhumation and disposal of cold-war era buried trans- MOUNT CHASE MAINE SESQUI- HONORING DR. ROBERT COPE uranic waste. His work advancing the CENTENNIAL environmental cleanup mission at the ∑ Mr. CRAPO. Mr. President, my col- ∑ Ms. COLLINS. Mr. President. Today I site has helped reduce risk to workers, league Senator JIM RISCH joins me commemorate the 150th anniversary of the public, and the environment. It has today in honoring Lemhi County com- the town of Mount Chase, ME. Mount also continued protection of the Snake missioner Dr. Robert Cope, who is re- Chase was built with a spirit of deter- River Plain Aquifer. Through his lead- tiring from the Lemhi County Commis- mination and resiliency that still ership, environmental cleanup projects sion after 14 years of exemplary serv- guides the community today, and this have been finished ahead of schedule ice. is a time to celebrate the generations and under cost, which has enabled re- of hard-working and caring people who Cope is not one to shy away from sources to be reinvested into furthering have made it such a wonderful place to challenges; he faces them head on. He the cleanup efforts. Jim’s commitment live, work, and raise families. recognizes a problem and works dili- to timely and cost-effective manage- While this sesquicentennial marks gently to fix it. This characteristic has ment is commendable. Mount Chase’s incorporation, the year been instrumental in his ability to ad- Prior to his position with the Idaho 1864 was but one milestone in a long dress critical natural resources and en- Cleanup Project, Jim worked as the fa- journey of progress. For thousands of vironmental challenges. The common cility and material disposition pro- years, the land surrounding Mt. Katah- sense, wisdom, and humor he brings gram manager and was responsible for din, Maine’s highest peak, was the often to contentious issues have been ensuring the safe and compliant deacti- hunting and fishing grounds of the Pe- invaluable in achieving solutions. He is vation and decommissioning of nuclear nobscot and Maliseet tribes. In the truly a pleasure to work with and test reactors and other retired nuclear 1830s, the first white settlers were know. Throughout his time as commis- facilities at the Idaho National Labora- drawn by the fertile soil, vast stands of sioner, we have greatly valued his tory. During this time, he helped lead timber, and fast-moving streams, and input and approach. Through his ef- the cleanup team in successful deacti- the young village became a center of forts with the Idaho Roadless Rule, ad- vation and decommissioning projects the Maine North Woods lumber indus- dressing noxious weed control and at the Idaho Site. This included a vi- try. The wealth produced by the forests many other land management con- sionary change in the approach of and saw mills was invested in schools cerns, he has helped bring about solu- cleanup at the site. and churches to create a true commu- tions important both locally and na- Under Jim’s management Idaho nity. The incorporated town that fol- tionally. He is well-respected as a prob- crews decontaminated and decommis- lowed was named for the prominent lem solver and consensus builder. sioned more than 200 facilities. Recog- mountain peak, Mt. Chase, which tow- His public service is shaped by his nizing this hard work, the Idaho con- ers more than a half-mile above the deep personal knowledge and influ- tamination and decommissioning farms and forests below. enced by his distinguished career. project was awarded the 2013 Sec- The arrival of the railroads in the Cope, a U.S. Presidential Scholar and retary’s Excellence and Achievement aftermath of the Civil War further se- Kansas State University College of Award for completion of the project’s cured Mount Chase’s prominence in the Veterinary Medicine graduate, thank- work scope ahead of schedule and lumber industry, and the town was fully fell in love with Idaho and made under budget. Jim is well respected for home to the largest cold-storage plant Salmon, Idaho, home. He has spent his strong leadership and ability to de- on the line for wild game and other perishable food products. By the end of nearly 40 years in veterinary practice, velop relationships and communica- the 19th century, modern transpor- a critical part of the community, work- tions that are instrumental in advanc- tation and the region’s spectacular sce- ing with Lemhi cattle ranchers. He has ing cleanup. nery and abundant wildlife combined been counted on to work cattle at all Thank you, Jim, for your more than to create a new economic oppor- hours of the day and night, often in dif- 30 years of service, including 22 years tunity—great sporting camps and ficult conditions. The respect many of project management within DOE. lodges that drew outdoor enthusiasts have for his work and understanding of You made great progress in the critical from around the world. Today, the peo- natural resources issues has inevitably effort of cleanup. As you retire, you are ple of Mount Chase continue to honor led to his service in leadership roles on truly leaving our State and Nation in the strong land use traditions and love numerous boards and commissions, in- better condition. Current and future of the outdoors that have helped make cluding the National Association of generations will benefit from your hard such places as Shin Pond a favorite Counties, the U.S. Forest Service’s Na- work. You have much to be proud of for recreation destination for residents tional Planning Rule Implementation a job well done. Congratulations on and visitors. Committee and the Idaho Roadless your retirement. We thank you for In the early 20th century, the his- Commission. your outstanding service and wish you tory, industry, and beauty of the We have greatly valued your insight, all the best.∑ Mount Chase region were made immor- Dr. Cope, and thank you for your hard f tal by the great Swedish-born artist work and outstanding service. We are Carl Sprinchorn, who spent many years fortunate that you chose to be an Ida- REMEMBERING MOON WHEELER at Shin Pond. From his paintings of hoan. Congratulations on your retire- ∑ Mr. CRAPO. Mr. President, today I the strenuous daily life of lumberjacks ment from the commission. We hope it wish to honor the life and legacy of to his evocative landscapes, the artist provides you with more time to spend former Idaho State Senator Ralph Mer- recorded a very special time in Maine with your many friends and family, in- rill ‘‘Moon’’ Wheeler, Jr. His nearly 40 history and a place that remains spe- cluding your wife, Terrie. We wish you years of service to the people of Idaho cial today. all the best.∑ will not be forgotten.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4398 CONGRESSIONAL RECORD — SENATE July 10, 2014 With close to 40 years in elected of- one who worked hard and enjoyed the ing a hands-on education through her fice, Moon was dedicated to improving outdoors, spending time with family classes in floriculture, where children his community and his State. His pub- and friends, hiking, gold panning, learn to operate a self-sufficient flori- lic service included time as an Idaho camping and flying. Bryce encouraged culture business; equine science, where State Senator, a member of the Idaho those around him, he was uplifting and they aided in the training and care of State House of Representatives, Power liked to help others. Bryce was an an adopted, orphaned foal named County commissioner, and American Eagle Scout who mentored Boy Scouts ‘‘Flash;’’ and natural resources, where Falls City councilman and mayor. He and helped advise in the Lewiston High the students create trails, raise was part of numerous Idaho State Sen- School Skills USA program. He was Lahontan Cutthroat trout, and collect ate committees, including on the also a member of the Nez Perce County data on Nevada’s wild horse popu- Health and Welfare and Local Govern- Sheriff’s Air Posse. lation. Ms. Lammiman is not only an ment and Taxation Committees, and Bryce is greatly missed in his home- advocate for agriculture in the class- interim committees. He also served as town of Lewiston, where he was part of room, but is also a co-advisor for the chairman of the Indian Affairs Council. the heart of the community. He at- local Future Farmers of America chap- Additionally, during his time as Power tended elementary, junior, and senior ter. Through her role as a co-advisor, County commissioner, he was the legis- high school in Lewiston, and went on she recruits volunteers from the com- lative chair for the Idaho Association to serve a mission for the Church of munity to coach FFA teams, teaches of Counties. Jesus Christ of Latter-day Saints in the students to train horses, provides He had numerous other leadership Colorado Springs, CO, before obtaining placements for the individualized work roles, and he has been widely recog- bachelor’s and master’s degrees in me- experience internship courses, and nized for his outstanding leadership. chanical engineering from the Univer- helps the students to raise livestock. This includes his tenure as the presi- sity of Idaho and then working for The FFA serves to provide students the dent of the Idaho Cities Association. Schweitzer Engineering. He married opportunity to become well-educated, Moon also served on the Idaho State his high school sweetheart Amanda, skilled, and productive citizens University Alumni Board and on the and they built a wonderful family to- through agricultural education. Dean’s Advisory Board for the College gether. It is no secret that teaching is one of of Pharmacy. He earned the College of May Bryce’s love of life, service to the hardest jobs in the world and one of Pharmacy’s 1999 Professional Achieve- others, enthusiasm, warmth and devo- the most important. As a father of four ment Award. In 1998, he was recognized tion to family live on in his children. I children who attended Nevada’s public with American Falls High School Edu- extend my deepest condolences to schools, and as the husband of a life- cation Foundation’s first Outstanding Amanda, Caleb, Maryanne, Henry, and long teacher, I understand the impor- Alumna Award, and Moon and his wife Timothy; his parents Ed and Chris, his tant role that teachers play in enrich- Ann were honored with the school’s brothers and sisters, and his many ing the lives of Nevada’s students. En- Heritage Award in 2009. These are just other loved ones and friends. Bryce’s suring that America’s youth are pre- a few of his many achievements light will burn bright in this world pared to compete in the 21st century is throughout his well-respected career through the hearts of those who had critical for the future of our country. and community involvement. the good fortune of being part of his The State of Nevada is fortunate to be His considerable personal experience beautiful life.∑ home to an educator like Ms. helped shape his public service. His f Lammiman, whose mission to educate family homesteaded in Idaho. He at- children extends far beyond the walls CONGRATULATING ALLYSON tended the University of Idaho and of the classroom. LAMMIMAN earned a pharmacy degree from Idaho I ask my colleagues and all Nevadans State University. He utilized his degree ∑ Mr. HELLER. Mr. President, today I to join me in thanking Ms. Lammiman as manager and owner of Rockland wish to recognize and congratulate Ms. for dedication to enriching the lives of Pharmacy for more than 30 years. He Lammiman for being awarded the Na- Nevada’s students and congratulating was also a farmer, retaining the family tional Association of Agricultural Edu- her on this great achievement.∑ farm until 2008. He was also an avid fly cators Agriscience Teacher of the Year f fisherman, camper, and gardener. award. Ms. Lammiman will receive her I extend my deep condolences to Ann, award at the NAAE convention in Las DAVIS COUNTY, IOWA their children, grandchildren, great- Vegas on December 5, along with a ∑ Mr. HARKIN. Mr. President, the grandson, and many friends and other grant to purchase supplies and equip- strength of my State of Iowa lies in its family members. Moon built a legacy ment for her classes. I am humbled and vibrant local communities, where citi- of dedicated service. He left a lasting honored to congratulate her on being zens come together to foster economic mark in our communities through the presented this prestigious award. development, make smart investments many projects he spearheaded and sup- The National Association of Agricul- to expand opportunity, and take the ported and the countless lives he tural Educators named only six edu- initiative to improve the health and touched. His commitment to family cators throughout the United States well-being of residents. Over the dec- and community and his exceptional this year, and Ms. Lammiman, who is a ades, I have witnessed the growth and work for Idahoans are central to his re- teacher at Douglas High School in revitalization of so many communities markable legacy of service.∑ Minden, NV, is among the select few across my State. It has been deeply f chosen. The National Agriscience gratifying to see how my work in Con- Teacher of the Year award recognizes gress has supported these local efforts. REMEMBERING BRYCE J. teachers who have inspired and en- I have always believed in account- WINTERBOTTOM lightened their students through en- ability for public officials, and this, my ∑ Mr. CRAPO. Mr. President, I wish gaging and interactive lessons in the final year in the Senate, is an appro- today to honor the life of Bryce science of agriculture. Ms. Lammiman, priate time to give an accounting of Winterbottom, who left a legacy of who has taught at Douglas High School my work across four decades rep- kindness, care for others, hard work for the past 9 years, exemplifies these resenting Iowa in Congress. I take and warmth in his too few years of life. qualities. During her tenure, she has pride in accomplishments that have Bryce lived life to the fullest, and created several hands-on courses that been national in scope—for instance, had a strong grasp on the things that allow students to apply in-class lessons passing the Americans with Disabil- mattered most. He is remembered as to real-life situations in agricultural ities Act and spearheading successful usually having at least one of his chil- science. farm bills. But I take a very special dren—Caleb, Maryanne, Henry, and Her mission to teach her students to pride in projects that have made a big Timothy—by his side as he worked on think, rather than what to think, is difference in local communities across a variety of projects that included displayed in the courses that she has my State. building rockets and cars, stargazing available for students. Ms. Today I would like to give an ac- and landscaping. He is known as some- Lammiman’s students are truly receiv- counting of my work with leaders and

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4399 residents of Davis County to build a Agricultural and rural development: well-being of residents. Over the dec- legacy of a stronger local economy, Because I grew up in a small town in ades, I have witnessed the growth and better schools and educational oppor- rural Iowa, I have always been a loyal revitalization of so many communities tunities, and a healthier, safer commu- friend and fierce advocate for family across my State. It has been deeply nity. farmers and rural communities. I have gratifying to see how my work in Con- Between 2001 and 2013, the creative been a member of the House or Senate gress has supported these local efforts. leadership in your community has Agriculture Committee for 40 years— I have always believed in account- worked with me to successfully acquire including more than 10 years as chair- ability for public officials, and this, my financial assistance from programs I man of the Senate Agriculture Com- final year in the Senate, is an appro- have fought hard to support, which mittee. Across the decades, I have priate time to give an accounting of have provided more than $30 million to championed farm policies for Iowans my work across four decades rep- the local economy. that include effective farm income pro- resenting Iowa in Congress. I take Of course, my favorite memory of tection and commodity programs; pride in accomplishments that have working together has to be the commu- strong, progressive conservation assist- been national in scope—for instance, nity’s success in earning grants for fire ance for agricultural producers; renew- passing the Americans with Disabil- safety equipment and facilities through able energy opportunities; and robust ities Act and spearheading successful FEMA, working with Bloomfield to economic development in our rural farm bills. But I take a very special renovate the Davis County Courthouse, communities. Since 1991, through var- pride in projects that have made a big and the J.H. Leon Building through ious programs authorized through the difference in local communities across Main Street Iowa challenge grant farm bill, Davis County has received my State. funds. more than $3.1 million from a variety Today I would like to give an ac- Among the highlights: counting of my work with leaders and Keeping Iowa communities safe: I of farm bill programs. Disability Rights: Growing up, I residents of Delaware County to build a also firmly believe that our first re- legacy of a stronger local economy, sponders need to be appropriately loved and admired my brother Frank, better schools and educational oppor- trained and equipped, able to respond who was deaf. I was deeply disturbed by to both local emergencies and to state- the discrimination and obstacles he tunities, and a healthier, safer commu- wide challenges such as, for instance, faced every day. That is why I have al- nity. Between 2001 and 2013, the creative the methamphetamine epidemic. Since ways been a passionate advocate for leadership in your community has 2001, Davis County’s fire departments full equality for people with disabil- worked with me to successfully acquire have received over $1.9 million for fire- ities. As the primary author of the financial assistance from programs I fighter safety and operations equip- Americans with Disabilities Act and have fought hard to support, which ment. the ADA Amendments Act, I have had Main Street Iowa: One of the greatest four guiding goals for our fellow citi- have provided more than $9 million to challenges we face—in Iowa and all zens with disabilities: equal oppor- the local economy. across America—is preserving the char- tunity, full participation, independent Of course, my favorite memory of acter and vitality of our small towns living and economic self-sufficiency. working together has to be working to- and rural communities. This isn’t just Nearly a quarter century since passage gether to mitigate and prevent damage about economics. It is also about main- of the ADA, I see remarkable changes from natural disasters. In 1993, when taining our identity as Iowans. Main in communities everywhere I go in historic floods ripped through Iowa, it Street Iowa helps preserve Iowa’s heart Iowa—not just in curb cuts or closed- became clear to me that the national and soul by providing funds to revi- captioned television, but in the full emergency-response infrastructure was talize downtown business districts. participation of people with disabilities woefully inadequate to meet the needs This program has allowed towns such in our society and economy, folks who of Iowans in flood-ravaged commu- as Bloomfield to use that money to le- at long last have the opportunity to nities. I went to work dramatically ex- verage other investments to jumpstart contribute their talents and to be fully panding the Federal Emergency Man- change and renewal. I am so pleased included. These changes have increased agement Agency’s hazard mitigation that Davis County has earned $63,000 economic opportunities for all citizens program, which helps communities re- through this program. These grants of Davis County, both those with and duce the loss of life and property due to build much more than buildings. They without disabilities. They make us natural disasters and enables mitiga- build up the spirit and morale of people proud to be a part of a community and tion measures to be implemented dur- in our small towns and local commu- country that respects the worth and ing the immediate recovery period. nities. civil rights of all of our citizens. Disaster relief means more than help- School grants: Every child in Iowa This is at least a partial accounting ing people and businesses get back on deserves to be educated in a classroom of my work on behalf of Iowa, and spe- their feet after a disaster, it means that is safe, accessible, and modern. cifically Davis County, during my time doing our best to prevent the same pre- That is why, for the past decade and a in Congress. In every case, this work dictable flood or other catastrophe half, I have secured funding for the in- has been about partnerships, coopera- from recurring in the future. The haz- novative Iowa Demonstration Con- tion, and empowering folks at the ard mitigation program that I helped struction Grant Program—better State and local level, including in create in 1993 has provided critical sup- known among educators in Iowa as Davis County, to fulfill their own port to Iowa communities impacted by Harkin grants for public schools con- dreams and initiatives. And, of course, the devastating floods of 2008. Delaware struction and renovation. Across 15 this work is never complete. Even after County has received over $5 million to years, Harkin grants worth more than I retire from the Senate, I have no in- remediate and prevent widespread de- $132 million have helped school dis- tention of retiring from the fight for a struction from natural disasters. tricts to fund a range of renovation and better, fairer, richer Iowa. I will always Among the highlights: repair efforts—everything from updat- be profoundly grateful for the oppor- School grants: Every child in Iowa ing fire safety systems to building new tunity to serve the people of Iowa as deserves to be educated in a classroom schools. In many cases, these Federal their Senator.∑ that is safe, accessible, and modern. dollars have served as the needed in- f That is why, for the past decade and a centive to leverage local public and half, I have secured funding for the in- private dollars, so it often has a tre- DELAWARE COUNTY, IOWA novative Iowa Demonstration Con- mendous multiplier effect within a ∑ Mr. HARKIN. Mr. President, the struction Grant Program—better school district. Over the years, Davis strength of my State of Iowa lies in its known among educators in Iowa as County has received $659,000 in Harkin vibrant local communities, where citi- Harkin grants for public schools con- grants. Similarly, schools in Davis zens come together to foster economic struction and renovation. Across 15 County have received funds that I des- development, make smart investments years, Harkin grants worth more than ignated for Iowa Star Schools for tech- to expand opportunity, and take the $132 million have helped school dis- nology totaling $35,000. initiative to improve the health and tricts to fund a range of renovation and

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4400 CONGRESSIONAL RECORD — SENATE July 10, 2014 repair efforts—everything from updat- cifically Delaware County, during my children’s daily battle with cancer a ing fire safety systems to building new time in Congress. In every case, this little easier. schools. In many cases, these Federal work has been about partnerships, co- While making a difference through- dollars have served as the needed in- operation, and empowering folks at the out West Virginia, the United States centive to leverage local public and State and local level, including in and the world, Michael also made a sig- private dollars, so it often has a tre- Delaware County, to fulfill their own nificant impact in his hometown of mendous multiplier effect within a dreams and initiatives. And, of course, Wheeling. He truly touched each per- school district. Over the years, Dela- this work is never complete. Even after son he met. Michael attended Wheeling ware County has received $458,158 in I retire from the Senate, I have no in- Park High School, and also volunteered Harkin grants. Similarly, schools in tention of retiring from the fight for a at the Ohio Valley Medical Center and Delaware County have received funds better, fairer, richer Iowa. I will always St. Alphonsus Catholic Church. He that I designated for Iowa Star Schools be profoundly grateful for the oppor- often visited children’s hospitals to for technology totaling $27,650. tunity to serve the people of Iowa as spread laughter and joy while meeting Agricultural and rural development: their Senator.∑ with cancer patients. Michael said, ‘‘I Because I grew up in a small town in f take everything with humor,’’ and rural Iowa, I have always been a loyal wisely stated that laughter is the best friend and fierce advocate for family REMEMBERING MICHAEL CARROLL medicine. farmers and rural communities. I have ∑ Mr. MANCHIN. Mr. President, I wish The strength that Michael mustered been a member of the House or Senate to honor the remarkable life of a young every day should inspire not only our Agriculture Committee for 40 years— West Virginian, Michael Carroll, who sick young, but his resilience and good- including more than 10 years as chair- sadly lost his life to cancer on July 3. will should inspire all of us. His legacy man of the Senate Agriculture Com- Although he said goodbye to family, and influence will live on through his mittee. Across the decades, I have friends and loved ones far too early, meanies as they comfort children championed farm policies for Iowans Michael led a tremendously accom- fighting for their lives around the that include effective farm income pro- plished life during his 17 years, and he world. Michael, thank you for the gift tection and commodity programs; truly touched the lives of so many with you have left for us all.∑ strong, progressive conservation assist- his heartfelt and inspirational efforts ance for agricultural producers; renew- f to help other children around the world able energy opportunities; and robust RECOGNIZING FLORIDA battle cancer. Although we are all economic development in our rural ALZHEIMER’S CAREGIVERS heartbroken about Michael’s passing, communities. Since 1991, through var- ∑ Mr. NELSON. Mr. President, I wish ious programs authorized through the it is a privilege to celebrate his ex- traordinary achievements. to recognize two exceptional Floridians farm bill, Delaware County has re- who have sacrificed to serve as care- ceived more than $6.5 million from a A Wheeling native, Michael Paul Car- roll was diagnosed with leukemia in givers for Alzheimer’s patients. Their variety of farm bill programs. stories were recently published in the Keeping Iowa communities safe: I 2003. After 3 years of treatment, he won latest edition of ‘‘Chicken Soup for the also firmly believe that our first re- his battle with cancer. Unfortunately Soul: Living with Alzheimer’s & Other sponders need to be appropriately in 2013, after years in remission, Mi- Dementias.’’ The book, a compilation trained and equipped, able to respond chael was diagnosed with a glio- of 101 short stories, has previously dis- to both local emergencies and to state- blastoma grade IV brain tumor due to cussed a range of other medical issues wide challenges such as, for instance, the radiation from previous treatment. and diseases. For this latest publica- the methamphetamine epidemic. Since Yet, even though he was once again 2001, Delaware County’s fire depart- fighting for his own life, Michael’s ill- tion, ‘‘Chicken Soup’’ partnered with ments have received over $1 million for ness never stopped him from making a the national Alzheimer’s Association firefighter safety and operations equip- difference in the lives of other children to tackle the difficult topic of Alz- ment. suffering from cancer. While battling heimer’s disease and dementias and to Disability rights: Growing up, I loved his brain tumor, Michael came up with share the stories of the families who and admired my brother Frank, who the idea to design a stress relief toy face the challenges of this disease. The was deaf. But I was deeply disturbed by that helps kids cope with cancer. The heartbreaking stories that Laura the discrimination and obstacles he idea is that anytime young cancer pa- Suihkonen Jones, of Lighthouse Point, faced every day. That is why I have al- tients feel frustrated with their treat- and Jean Salisbury Campbell, of Fort ways been a passionate advocate for ment or have a bad day, they can exert Lauderdale, shared of their families’ full equality for people with disabil- their anger into these toys. After some experience with Alzheimer’s were cho- ities. As the primary author of the thought and help from the community, sen for inclusion from nearly 4,000 en- Americans with Disabilities Act and he created Michael’s Meanies so ‘‘a tries. the ADA Amendments Act, I have had child with cancer can give it back to Today, Laura serves the Alzheimer’s four guiding goals for our fellow citi- their sickness,’’ he said. Michael in- Association’s Southeast Florida Chap- zens with disabilities: equal oppor- vented three beanies after the three ter as its liaison to Congresswoman tunity, full participation, independent types of childhood cancers: Terry the LOIS FRANKEL, and coordinates an Alz- living and economic self-sufficiency. Terrible Tumor, Lily Lymphoma, and heimer’s support group at Calvary Nearly a quarter century since passage Lousy Louie Leukemia. Chapel in Fort Lauderdale. She wrote of the ADA, I see remarkable changes Michael once said: her story, ‘‘Fear and Self-Pity Are My in communities everywhere I go in I wanted to give something to the kids Mortal Enemies,’’ to share both the Iowa—not just in curb cuts or closed that they could take their anger out on. I pain and joy of caring for her husband, captioned television, but in the full thought of making these into a stress ball- Jay, who received his diagnosis 7 years participation of people with disabilities like toy that the kids can squeeze hard, ago at age 50 when their daughter was in our society and economy, folks who punch or even throw them. My ultimate goal just 3 years old. Laura strives every at long last have the opportunity to is for every child diagnosed with cancer to day to be a message of hope, particu- contribute their talents and to be fully get one during their treatment. larly for those families who receive included. These changes have increased Although his ultimate goal has yet Alzheimer’s diagnoses at younger ages. economic opportunities for all citizens to be achieved, Michael’s reach knows Alzheimer’s disease is growing rapidly, of Delaware County, both those with no bounds and he was able to help chil- and recently 5.2 million people age 65 and without disabilities. And they dren around the world. With 15,000 and older, as well as 200,000 individuals make us proud to be a part of a com- meanies made, it is not rare to see a under age 65 were diagnosed. munity and country that respects the child holding one of Michael’s Meanies Jean, a retired Broward County worth and civil rights of all of our citi- in a children’s hospital in all 50 States, school psychologist, shares her per- zens. Puerto Rico, Canada, England, Aus- sonal testimony of caring for her elder- This is at least a partial accounting tralia, and New Zealand. Through his ly mother, the late Elizabeth Salis- of my work on behalf of Iowa, and spe- meanies, Michael continues to make bury. Her essay, ‘‘The Bird,’’ recounts

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4401 an experience in an early stage of her EXECUTIVE AND OTHER cation, of the proposed sale or export of de- mother’s disease. In the middle of the COMMUNICATIONS fense articles and/or defense services to a night, her mother frantically woke up Middle East country (OSS–2014–0964); to the The following communications were Committee on Foreign Relations. her family insisting that a bird had laid before the Senate, together with EC–6397. A communication from the Acting flown into the house. Those caring for accompanying papers, reports, and doc- Assistant Secretary, Bureau of Political- her insisted there was no bird and that uments, and were referred as indicated: Military Affairs, Department of State, trans- she was suffering from a hallucination EC–6384. A communication from the Under mitting, pursuant to law, an addendum to a common of the disease until they es- Secretary of Defense (Acquisition, Tech- certification, of the proposed sale or export corted her back to her room, where nology and Logistics), transmitting, pursu- of defense articles and/or defense services to they found a large black bird in the ant to law, a report entitled ‘‘Fiscal Year a Middle East country (OSS–2014–0965); to the 2013 Inventory of Contracts for Services’’; to Committee on Foreign Relations. room. This particular incident serves EC–6398. A communication from the Acting the Committee on Armed Services. to remind of the importance of treating Assistant Secretary, Legislative Affairs, De- EC–6385. A communication from the Under Alzheimer’s patients with dignity and partment of State, transmitting, pursuant to Secretary of Defense (Personnel and Readi- listening to what they have to say re- law, a report relative to revoking the des- ness), transmitting a report on the approved gardless of their disease. ignation of a group designated as a Foreign retirement of Lieutenant General Richard T. Terrorist Organization (OSS–2014–0968); to As chairman of the Aging Com- Tryon, United States Marine Corps, and his the Committee on Foreign Relations. mittee, I want to recognize these two advancement to the grade of lieutenant gen- exceptional caregivers, whose heart- EC–6399. A communication from the Acting eral on the retired list; to the Committee on Assistant Secretary, Bureau of Political- wrenching stories will become all too Armed Services. Military Affairs, Department of State, trans- common among American families in EC–6386. A communication from the Divi- mitting, pursuant to law, an addendum to a the coming decades. This new edition sion Chief of Regulatory Affairs, Bureau of certification, of the proposed sale or export of ‘‘Chicken Soup’’ is particularly Land Management, Department of the Inte- of defense articles and/or defense services to rior, transmitting, pursuant to law, the re- timely as our Nation grapples with a a Middle East country (OSS–2014–0966); to the port of a rule entitled ‘‘Required Fees for Committee on Foreign Relations. significant increase in Alzheimer’s dis- Mining Claims or Sites’’ (RIN1004–AE35) re- ease, with the number of diagnoses ex- EC–6400. A communication from the Attor- ceived in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department pected to rise to 16 million by 2050. In Senate on July 7, 2014; to the Committee on of Homeland Security, transmitting, pursu- Florida today, nearly half a million Energy and Natural Resources. ant to law, the report of a rule entitled ‘‘Spe- Floridians over the age of 65 are living EC–6387. A communication from the Assist- cial Local Regulations for Marine Events, with Alzheimer’s disease, and this ant Secretary, Legislative Affairs, Depart- Nanticoke River; Bivalve, MD’’ ((RIN1625– number is projected to continue rising ment of State, transmitting, pursuant to AA08) (Docket No. USCG–2014–0138)) received law, a report relative to section 36(c) of the in the coming years. during adjournment of the Senate in the Of- Arms Export Control Act (DDTC 14–015); to fice of the President of the Senate on June As we recall our recent observance of the Committee on Foreign Relations. Alzheimer’s and Brain Awareness 30, 2014; to the Committee on Commerce, EC–6388. A communication from the Assist- Science, and Transportation. Month in June and recognize the sto- ant Secretary, Legislative Affairs, Depart- EC–6401. A communication from the Attor- ries of these two Florida women, it is ment of State, transmitting, pursuant to ney-Advisor, U.S. Coast Guard, Department important that we take the time to law, a report relative to section 36(c) of the of Homeland Security, transmitting, pursu- focus our resources to address this dis- Arms Export Control Act (DDTC 14–026); to ant to law, the report of a rule entitled ‘‘Spe- ease and remember that an Alzheimer’s the Committee on Foreign Relations. cial Local Regulation; Annual Swim around EC–6389. A communication from the Assist- Key West, Atlantic Ocean and Gulf of Mex- diagnosis impacts not only the patient, ant Secretary, Legislative Affairs, Depart- but the whole family. As the number of ico; Key West, FL’’ ((RIN1625–AA08) (Docket ment of State, transmitting, pursuant to No. USCG–2014–0073)) received during ad- American families facing similar and law, a report relative to section 36(c) of the journment of the Senate in the Office of the equally difficult circumstances in- Arms Export Control Act (DDTC 14–058); to President of the Senate on June 30, 2014; to creases, we must ensure that those liv- the Committee on Foreign Relations. the Committee on Commerce, Science, and ing with the disease are guaranteed the EC–6390. A communication from the Assist- Transportation. best quality care and their loved ones, ant Secretary, Legislative Affairs, Depart- EC–6402. A communication from the Attor- like Laura and Jean, are supported as ment of State, transmitting, pursuant to ney-Advisor, U.S. Coast Guard, Department law, a report relative to section 36(c) of the much as possible.∑ of Homeland Security, transmitting, pursu- Arms Export Control Act (DDTC 14–030); to ant to law, the report of a rule entitled f the Committee on Foreign Relations. ‘‘Safety Zone: Execpro Services Fireworks EC–6391. A communication from the Assist- Display, Lake Tahoe, Incline Village, NV’’ MESSAGE FROM THE HOUSE ant Secretary, Legislative Affairs, Depart- ((RIN1625–AA00) (Docket No. USCG–2014– At 4:43 p.m., a message from the ment of State, transmitting, pursuant to 0402)) received during adjournment of the House of Representatives, delivered by law, a report relative to section 36(c) of the Senate in the Office of the President of the Mr. Novotny, one of its reading clerks, Arms Export Control Act (DDTC 14–057); to Senate on June 30, 2014; to the Committee on the Committee on Foreign Relations. announced that the House agrees to Commerce, Science, and Transportation. EC–6392. A communication from the Assist- EC–6403. A communication from the Attor- the amendment of the Senate to the ant Secretary, Legislative Affairs, Depart- ney-Advisor, U.S. Coast Guard, Department text of the bill (H.R. 803) to reform, and ment of State, transmitting, pursuant to of Homeland Security, transmitting, pursu- strengthen the workforce investment law, a report relative to section 36(c) of the ant to law, the report of a rule entitled system of the Nation to put Americans Arms Export Control Act (DDTC 14–025); to ‘‘Safety Zone; Lady Liberty Sharkfest Swim; back to work and make the United the Committee on Foreign Relations. Upper New York Bay, Liberty Island, NY’’ States more competitive in the 21st EC–6393. A communication from the Assist- ((RIN1625–AA00) (Docket No. USCG–2014– ant Secretary, Legislative Affairs, Depart- 0117)) received during adjournment of the century, and that the House agrees to ment of State, transmitting, pursuant to the amendment of the Senate to the Senate in the Office of the President of the law, a report relative to section 36(c) of the Senate on June 30, 2014; to the Committee on title of the aforementioned bill. Arms Export Control Act (DDTC 14–033); to Commerce, Science, and Transportation. f the Committee on Foreign Relations. EC–6404. A communication from the Attor- EC–6394. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department MEASURES PLACED ON THE ant Secretary, Legislative Affairs, Depart- of Homeland Security, transmitting, pursu- CALENDAR ment of State, transmitting, pursuant to ant to law, the report of a rule entitled law, a report relative to section 36(c) of the ‘‘Safety Zone; Hudson River Swim for Life; The following bills were read the sec- Arms Export Control Act (DDTC 14–049); to Hudson River, Sleepy Hollow, New York’’ ond time, and placed on the calendar: the Committee on Foreign Relations. ((RIN1625–AA00) (Docket No. USCG–2014– S. 2578. A bill to ensure that employers EC–6395. A communication from the Sec- 0363)) received during adjournment of the cannot interfere in their employees’ birth retary of Defense, transmitting, pursuant to Senate in the Office of the President of the control and other health care decisions. law, a report relative to the current and fu- Senate on June 30, 2014; to the Committee on S. 2579. A bill to require the Secretary of ture military strategy of Iran (OSS–2014– Commerce, Science, and Transportation. State to offer rewards totaling up to 0967); to the Committee on Armed Services. EC–6405. A communication from the Attor- $5,000,000 for information on the kidnapping EC–6396. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department and murder of Naftali Fraenkel, a dual ant Secretary, Bureau of Political-Military of Homeland Security, transmitting, pursu- United States-Israeli citizen, that began on Affairs, Department of State, transmitting, ant to law, the report of a rule entitled June 12, 2014. pursuant to law, an addendum to a certifi- ‘‘Safety Zone; Hawaiian Island Commercial

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4402 CONGRESSIONAL RECORD — SENATE July 10, 2014 Harbors, HI’’ ((RIN1625–AA00) (Docket No. ant to law, the report of a rule entitled EC–6422. A communication from the Direc- USCG–2013–0021)) received during adjourn- ‘‘Safety Zones; July 4th Fireworks Displays tor of the Regulatory Management Division, ment of the Senate in the Office of the Presi- within the Captain of the Port Zone, Miami, Environmental Protection Agency, transmit- dent of the Senate on June 30, 2014; to the FL’’ ((RIN1625–AA00) (Docket No. USCG– ting, pursuant to law, the report of a rule en- Committee on Commerce, Science, and 2014–0165)) received during adjournment of titled ‘‘Withdrawal of Labeling of Pesticide Transportation. the Senate in the Office of the President of Products and Devices for Export’’ ((RIN2070– EC–6406. A communication from the Attor- the Senate on June 30, 2014; to the Com- AJ53) (FRL No. 9913–18)) received in the Of- ney-Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- fice of the President of the Senate on July 9, of Homeland Security, transmitting, pursu- tation. 2014; to the Committee on Agriculture, Nu- ant to law, the report of a rule entitled EC–6414. A communication from the Attor- trition, and Forestry. ‘‘Safety Zone; TriRock San Diego, San Diego ney-Advisor, U.S. Coast Guard, Department EC–6423. A communication from the Con- Bay, San Diego, CA’’ ((RIN1625–AA00) (Dock- of Homeland Security, transmitting, pursu- gressional Review Coordinator, Animal and et No. USCG–2013–0555)) received during ad- ant to law, the report of a rule entitled Plant Health Inspection Service, Department journment of the Senate in the Office of the ‘‘Safety Zone; Tennessee River mile 4.8 to of Agriculture, transmitting, pursuant to President of the Senate on June 30, 2014; to 5.8; Ledbetter, KY’’ ((RIN1625–AA00) (Docket law, the report of a rule entitled ‘‘National the Committee on Commerce, Science, and No. USCG–2014–0301)) received during ad- Poultry Improvement Plan and Auxiliary Transportation. journment of the Senate in the Office of the Provisions’’ (RIN0579–AD83) received in the EC–6407. A communication from the Attor- President of the Senate on June 30, 2014; to Office of the President of the Senate on July ney-Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and 9, 2014; to the Committee on Agriculture, Nu- of Homeland Security, transmitting, pursu- Transportation. trition, and Forestry. ant to law, the report of a rule entitled EC–6415. A communication from the Attor- EC–6424. A communication from the Assist- ‘‘Safety Zone; Fairfield Estates Fireworks ney-Advisor, U.S. Coast Guard, Department ant Secretary for Export Administration, Display, Atlantic Ocean, Sagaponack, NY’’ of Homeland Security, transmitting, pursu- Bureau of Industry and Security, Depart- ((RIN1625–AA00) (Docket No. USCG–2013– ant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant 0212)) received during adjournment of the ‘‘Safety Zone, Chesapeake Bay; Cape to law, the report of a rule entitled ‘‘Revi- Senate in the Office of the President of the Charles, VA’’ ((RIN1625–AA00) (Docket No. sions to the Export Administration Regula- Senate on June 30, 2014; to the Committee on USCG–2014–0298)) received during adjourn- tions (EAR): Control of Military Electronic Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- Equipment and Other Items the President EC–6408. A communication from the Attor- dent of the Senate on June 30, 2014; to the Determines No Longer Warrant Control ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and Under the United States Munitions List of Homeland Security, transmitting, pursu- Transportation. (USML)’’ (RIN0694–AF39) received during ad- ant to law, the report of a rule entitled EC–6416. A communication from the Attor- journment of the Senate in the Office of the ‘‘Safety Zone, Schuylkill River; Philadel- ney-Advisor, U.S. Coast Guard, Department President of the Senate on July 2, 2014; to phia, PA’’ ((RIN1625–AA00) (Docket No. of Homeland Security, transmitting, pursu- the Committee on Banking, Housing, and ant to law, the report of a rule entitled USCG–2014–0342)) received during adjourn- Urban Affairs. ment of the Senate in the Office of the Presi- ‘‘Safety Zone, Urbanna Creek; Saluda, VA’’ EC–6425. A communication from the Direc- dent of the Senate on June 30, 2014; to the ((RIN1625–AA00) (Docket No. USCG–2014– tor of the Regulatory Management Division, Committee on Commerce, Science, and 0372)) received during adjournment of the Environmental Protection Agency, transmit- Transportation. Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- EC–6409. A communication from the Attor- Senate on June 30, 2014; to the Committee on titled ‘‘Approval and Promulgation of State ney-Advisor, U.S. Coast Guard, Department Commerce, Science, and Transportation. Air Quality Plans for Designated Facilities EC–6417. A communication from the Attor- of Homeland Security, transmitting, pursu- and Pollutants; Delaware, District of Colum- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled bia, and West Virginia; Control of Emissions of Homeland Security, transmitting, pursu- ‘‘Safety Zones; Annually Recurring Events from Existing Sewage Sludge Incinerator ant to law, the report of a rule entitled in Coast Guard Southeastern New England ‘‘Safety Zone; Cape Fear River; Wilmington, Units’’ (FRL No. 9913–32–Region 3) received Captain of the Port Zone’’ ((RIN1625–AA00) NC’’ ((RIN1625–AA00) (Docket No. USCG– in the Office of the President of the Senate (Docket No. USCG–2014–0061)) received dur- 2014–0413)) received during adjournment of on July 9, 2014; to the Committee on Envi- ing adjournment of the Senate in the Office the Senate in the Office of the President of ronment and Public Works. of the President of the Senate on June 30, EC–6426. A communication from the Direc- the Senate on June 30, 2014; to the Com- tor of the Regulatory Management Division, 2014; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- Environmental Protection Agency, transmit- Science, and Transportation. tation. EC–6410. A communication from the Attor- EC–6418. A communication from the Attor- ting, pursuant to law, the report of a rule en- ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department titled ‘‘Approval and Promulgation of Air of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- Quality Implementation Plans; Maryland; ant to law, the report of a rule entitled ‘‘Spe- ant to law, the report of a rule entitled Low Emission Vehicle Program’’ (FRL No. cial Local Regulation; Tennessee River, Mile ‘‘Safety Zone; I–90 Inner-belt Bridge Demoli- 9913–30–Region 3) received in the Office of the 464.0 to 465.0, Chattanooga, TN’’ ((RIN1625– tion, Cuyahoga River, Cleveland, OH’’ President of the Senate on July 9, 2014; to AA08) (Docket No. USCG–2014–0323)) received ((RIN1625–AA00) (Docket No. USCG–2014– the Committee on Environment and Public during adjournment of the Senate in the Of- 0425)) received during adjournment of the Works. fice of the President of the Senate on June Senate in the Office of the President of the EC–6427. A communication from the Direc- 30, 2014; to the Committee on Commerce, Senate on June 30, 2014; to the Committee on tor of the Regulatory Management Division, Science, and Transportation. Commerce, Science, and Transportation. Environmental Protection Agency, transmit- EC–6411. A communication from the Attor- EC–6419. A communication from the Sec- ting, pursuant to law, the report of a rule en- ney-Advisor, U.S. Coast Guard, Department retary of the Commission, Bureau of Con- titled ‘‘Approval and Promulgation of Air of Homeland Security, transmitting, pursu- sumer Protection, Federal Trade Commis- Quality Implementation Plans; Connecticut; ant to law, the report of a rule entitled sion, transmitting, pursuant to law, the re- Regional Haze’’ (A–1–FRL–9810–2) received in ‘‘Safety Zone; Arts Project Cherry Grove port of a rule entitled ‘‘Rules and Regula- the Office of the President of the Senate on Pride Week Fireworks Display; Great South tions Under the Wool Products Labeling Act July 9, 2014; to the Committee on Environ- Bay; Cherry Grove, Fire Island, NY’’ of 1939’’ (RIN3084–AB29) received in the Office ment and Public Works. ((RIN1625–AA00) (Docket No. USCG–2014– of the President of the Senate on July 8, 2014; EC–6428. A communication from the Direc- 0180)) received during adjournment of the to the Committee on Commerce, Science, tor of the Regulatory Management Division, Senate in the Office of the President of the and Transportation. Environmental Protection Agency, transmit- Senate on June 30, 2014; to the Committee on EC–6420. A communication from the Sec- ting, pursuant to law, the report of a rule en- Commerce, Science, and Transportation. retary, Office of the General Counsel, Fed- titled ‘‘Approval and Promulgation of Air EC–6412. A communication from the Attor- eral Maritime Commission, transmitting, Quality Implementation Plans; Pennsyl- ney-Advisor, U.S. Coast Guard, Department pursuant to law, the report of a rule entitled vania; Control of Commercial Fuel Oil Sulfur of Homeland Security, transmitting, pursu- ‘‘Inflation Adjustment of Civil Monetary Limits for Combustion Units’’ (FRL No. ant to law, the report of a rule entitled Penalties’’ (RIN3072–AC55) received in the Of- 9913–26–Region 3) received in the Office of the ‘‘Safety Zone; Texas City Channel, Texas fice of the President of the Senate on July 7, President of the Senate on July 9, 2014; to City, TX’’ ((RIN1625–AA00) (Docket No. 2014; to the Committee on Commerce, the Committee on Environment and Public USCG–2014–0034)) received during adjourn- Science, and Transportation. Works. ment of the Senate in the Office of the Presi- EC–6421. A communication from the Sec- EC–6429. A communication from the Direc- dent of the Senate on June 30, 2014; to the retary of Defense, transmitting a report on tor of the Regulatory Management Division, Committee on Commerce, Science, and the approved retirement of Vice Admiral Environmental Protection Agency, transmit- Transportation. William D. French, United States Navy, and ting, pursuant to law, the report of a rule en- EC–6413. A communication from the Attor- his advancement to the grade of vice admiral titled ‘‘Revisions to the California State Im- ney-Advisor, U.S. Coast Guard, Department on the retired list; to the Committee on plementation Plan, Placer County Air Pollu- of Homeland Security, transmitting, pursu- Armed Services. tion Control District and South Coast Air

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4403 Quality Management District’’ (FRL No. Arms Export Control Act (DDTC 14–066); to firing of Venezuelan undocumented workers 9913–12–Region 9) received in the Office of the the Committee on Foreign Relations. by ending the I–9 audits and the use of E– President of the Senate on July 9, 2014; to EC–6438. A communication from the Sec- Verify System, and to encourage the Sec- the Committee on Environment and Public retary of Health and Human Services, trans- retary of Homeland Security to approve TPS Works. mitting, pursuant to law, a report entitled for Venezuelans whose immigration status EC–6430. A communication from the Direc- ‘‘Health, United States, 2013’’; to the Com- has expired; to the Committee on the Judici- tor of the Regulatory Management Division, mittee on Health, Education, Labor, and ary. Environmental Protection Agency, transmit- Pensions. POM–299. A resolution adopted by the City ting, pursuant to law, the report of a rule en- EC–6439. A communication from the Spe- Council of Big Spring, Texas, calling upon titled ‘‘Approval and Promulgation of Air cial Counsel, Office of the Special Counsel, the Texas congressional delegation to affirm Quality Implementation Plans; Illinois; transmitting, pursuant to law, a report enti- the rights of citizens under the Second Latham Pool Adjusted Standard’’ (FRL No. tled ‘‘Annual Report to Congress for Fiscal Amendment and that all federal acts, laws, 9912–19–Region 5) received in the Office of the Year 2013’’; to the Committee on Homeland executive orders, agency orders, and rules or President of the Senate on July 9, 2014; to Security and Governmental Affairs. regulations of any kind that confiscate any the Committee on Environment and Public firearm, ban any firearm, limit the size of a f Works. magazine for any firearm, impose any limit EC–6431. A communication from the Direc- PETITIONS AND MEMORIALS on the ammunition that may be purchased tor of the Regulatory Management Division, for any firearm, special taxation on any fire- Environmental Protection Agency, transmit- The following petitions and memo- arm or ammunition, or require the registra- ting, pursuant to law, the report of a rule en- rials were laid before the Senate and tion of any firearm or ammunition therefore, titled ‘‘Approval and Promulgation of Air were referred or ordered to lie on the infringes upon the right to bear arms in di- Quality Implementation Plans; West Vir- table as indicated: rect violation of the Second Amendment to ginia; Minor New Source Review’’ (FRL No. POM–294. A resolution adopted by the the Constitution of the United States; to the 9913–42–Region 3) received in the Office of the Council of the City of Cincinnati, Ohio, urg- Committee on the Judiciary. President of the Senate on July 9, 2014; to ing the Ohio congressional delegation to sup- POM–300. A resolution approved by the the Committee on Environment and Public port all peaceful political actions that would Electors of the Town of Waterloo, Wisconsin, Works. result in the reunification of Ireland; to the supporting the passage of an amendment to EC–6432. A communication from the Direc- Committee on Foreign Relations. the United States Constitution stating: only tor of the Regulatory Management Division, POM–295. A resolution adopted by the human beings—not corporations, unions, Environmental Protection Agency, transmit- Council of the City of Upland, California, limited liability companies, non-profit orga- ting, pursuant to law, the report of a rule en- urging the California congressional delega- nizations, or similar associations and cor- titled ‘‘Approval and Promulgation of Imple- tion to support postal reform that would: se- porate entities—are endowed with Constitu- mentation Plans; Idaho: Infrastructure Re- cure the continuance of 6-day mail delivery; tional rights, and money is not speech, and quirements for the 1997 and 2006 Fine Partic- stabilize the Postal Service’s finances by re- therefore regulating political contributions ulate Matter and 2008 Ozone National Ambi- forming or eliminating future retiree health and spending is not equivalent to limiting ent Air Quality Standards’’ (FRL No. 9913– financing policies that are crippling the political speech; to the Committee on the 28–Region 10) received in the Office of the Postal Service’s finances; strengthen and Judiciary. President of the Senate on July 9, 2014; to protect the Postal Service’s invaluable mail POM–301. A resolution adopted by the Leg- the Committee on Environment and Public processing, retail, and last-mile delivery net- islature of Greene County, New York, urging Works. works that together comprise a crucial part the Congress of the United States to support EC–6433. A communication from the Direc- the health and welfare of all veterans as a tor of the Regulatory Management Division, of the nation’s infrastructure; retain door- to-door delivery for 30 million plus house- priority, and to pass H.R. 1494, the ‘‘Blue Environmental Protection Agency, transmit- Water Navy Accountability Act’’; to the ting, pursuant to law, the report of a rule en- holds and businesses; to the Committee on Homeland Security and Governmental Af- Committee on Veterans’ Affairs. titled ‘‘Approval and Promulgation of Imple- POM–302. A resolution adopted by the Leg- fairs. mentation Plans; Texas; Revisions to the islature of Greene County, New York, urging POM–296. A resolution adopted by the New Source Review State Implementation the Congress of the United States to restore Council of the City of Redlands, California, Plan; Flexible Permit Program’’ (FRL No. the presumption of a service connection for urging the California congressional delega- 9913–48–Region 6) received in the Office of the Agent Orange exposure to the United States tion to support postal reform that would: se- President of the Senate on July 9, 2014; to veterans who served on the inland water- cure the continuance of 6-day mail delivery; the Committee on Environment and Public ways, in the territorial waters, and the air- stabilize the Postal Service’s finances by re- Works. space over the combat zone; to the Com- forming or eliminating future retiree health EC–6434. A communication from the Direc- mittee on Veterans’ Affairs. tor of the Regulatory Management Division, financing policies that are hindering the Environmental Protection Agency, transmit- Postal Service’s finances and growth oppor- f ting, pursuant to law, the report of a rule en- tunities; strengthen and protect the Postal REPORTS OF COMMITTEES titled ‘‘Significant New Use Rules on Certain Service’s invaluable mail processing, retail, Chemical Substances’’ (FRL No. 9910–01– and last-mile delivery networks that to- The following reports of committees OCSPP) received in the Office of the Presi- gether comprise a crucial part of the na- were submitted: dent of the Senate on July 9, 2014; to the tion’s infrastructure; retain door-to-door de- By Mr. LEAHY, from the Committee on Committee on Environment and Public livery for 30 million plus households and the Judiciary, with an amendment in the na- Works. businesses; to the Committee on Homeland ture of a substitute: EC–6435. A communication from the Direc- Security and Governmental Affairs. S. 517. A bill to promote consumer choice tor of the Regulatory Management Division, POM–297. A resolution approved by the and wireless competition by permitting con- Environmental Protection Agency, transmit- Electors of the City of Lake Mills, Wis- sumers to unlock mobile wireless devices, ting, pursuant to law, the report of a rule en- consin, supporting the passage of an amend- and for other purposes. titled ‘‘Approval and Promulgation of Air ment to the United States Constitution stat- By Mrs. FEINSTEIN, from the Select Com- Quality Implementation Plans; Maryland; ing: only human beings—not corporations, mittee on Intelligence, without amendment: Section 110(a)(2) Infrastructure Require- limited liability companies, unions, non- S. 2588. An original bill to improve cyberse- ments for the 2010 Nitrogen Dioxide National profit organizations, or similar associations curity in the United States through en- Ambient Air Quality Standards’’ (FRL No. and corporate entities—are endowed with hanced sharing of information about cyber- 9913–41–Region 3) received in the Office of the Constitutional rights, and spending money is security threats, and for other purposes. President of the Senate on July 9, 2014; to not speech protected by the First Amend- f the Committee on Environment and Public ment to the U.S. Constitution and, therefore, Works. regulating political contributions and spend- INTRODUCTION OF BILLS AND EC–6436. A communication from the Chief ing is not equivalent to limiting political JOINT RESOLUTIONS of the Publications and Regulations Branch, speech; to the Committee on the Judiciary. The following bills and joint resolu- POM–298. A resolution adopted by the City Internal Revenue Service, Department of the tions were introduced, read the first Treasury, transmitting, pursuant to law, the Commission of Miami, Florida, urging the report of a rule entitled ‘‘Longevity Annuity President of the United States and members and second times by unanimous con- Contracts’’ ((RIN1545–BK23) (TD 9673)) re- of the Congress of the United States to grant sent, and referred as indicated: ceived in the Office of the President of the temporary protective status to Venezuelans By Mr. ISAKSON (for himself and Mr. Senate on July 9, 2014; to the Committee on living in the United States and to suspend CHAMBLISS): Finance. any further deportations of unauthorized S. 2580. A bill to redesignate the Ocmulgee EC–6437. A communication from the Assist- Venezuelan individuals with no serious National Monument in the State of Georgia, ant Secretary, Legislative Affairs, Depart- criminal history, to extend Deferred Action to revise the boundary of that monument, ment of State, transmitting, pursuant to to all eligible undocumented members of and for other purposes; to the Committee on law, a report relative to section 36(c) of the Venezuelan immigrant families, to end the Energy and Natural Resources.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4404 CONGRESSIONAL RECORD — SENATE July 10, 2014 By Mr. NELSON (for himself, Mr. the Committee on Energy and Natural Re- ADDITIONAL COSPONSORS BLUMENTHAL, Mrs. BOXER, Mr. sources. S. 517 BROWN, Mr. DURBIN, Mr. HARKIN, Mr. By Mr. MCCAIN (for himself, Mr. BAR- MARKEY, Mr. MERKLEY, Mr. PRYOR, RASSO, and Mr. FLAKE): At the request of Mr. LEAHY, the Mr. SCHUMER, and Mr. BENNET): S. 2593. A bill to amend the FLAME Act of names of the Senator from Connecticut S. 2581. A bill to require the Consumer 2009 to provide for additional wildfire sup- (Mr. BLUMENTHAL) and the Senator Product Safety Commission to promulgate a pression activities, to provide for the con- from Delaware (Mr. COONS) were added rule to require child safety packaging for liq- duct of certain forest treatment projects, as cosponsors of S. 517, a bill to pro- uid nicotine containers, and for other pur- and for other purposes; to the Committee on mote consumer choice and wireless poses; to the Committee on Commerce, Energy and Natural Resources. Science, and Transportation. competition by permitting consumers By Mr. CASEY (for himself and Mr. to unlock mobile wireless devices, and By Mr. UDALL of New Mexico: TOOMEY): S. 2582. A bill to establish a pilot program for other purposes. S. 2594. A bill to redesignate the railroad to assist in expanding and diversifying the S. 577 business of small business concerns that rely station located at 2955 Market Street in At the request of Mr. NELSON, the on amounts awarded for Federal contracts Philadelphia, Pennsylvania, commonly and subcontracts; to the Committee on known as ‘‘30th Street Station’’, as the ‘‘Wil- name of the Senator from Vermont Small Business and Entrepreneurship. liam H. Gray 30th Street Station’’; to the (Mr. LEAHY) was added as a cosponsor By Mrs. FISCHER (for herself and Mr. Committee on Commerce, Science, and of S. 577, a bill to amend title XVIII of Transportation. ROCKEFELLER): the Social Security Act to provide for S. 2583. A bill to promote the non-exclusive By Ms. KLOBUCHAR (for herself, Mr. the distribution of additional residency LEAHY, Mr. LEVIN, Ms. STABENOW, use of electronic labeling for devices licensed positions, and for other purposes. by the Federal Communications Commis- Mr. SANDERS, Mr. FRANKEN, Mrs. sion; to the Committee on Commerce, GILLIBRAND, and Ms. BALDWIN): S. 632 Science, and Transportation. S. 2595. A bill to revise the authorized At the request of Mr. MCCAIN, the By Mr. KAINE (for himself, Mr. route of the North Country National Scenic name of the Senator from Massachu- PORTMAN, and Mr. WARNER): Trail in northeastern Minnesota and to ex- setts (Ms. WARREN) was added as a co- S. 2584. A bill to amend the Carl D. Perkins tend the trail into Vermont to connect with sponsor of S. 632, a bill to amend the Career and Technical Education Act of 2006 the Appalachian National Scenic Trail, and Food, Conservation, and Energy Act of to raise the quality of career and technical for other purposes; to the Committee on En- 2008 to repeal a duplicative program re- education programs and to allow local eligi- ergy and Natural Resources. ble recipients to use funding to establish lating to inspection and grading of cat- high-quality career academics; to the Com- fish. f mittee on Health, Education, Labor, and S. 908 Pensions. At the request of Mr. JOHNSON of By Mr. KIRK (for himself and Mr. SUBMISSION OF CONCURRENT AND South Dakota, the name of the Senator RUBIO): SENATE RESOLUTIONS S. 2585. A bill to impose additional sanc- from Michigan (Ms. STABENOW) was tions with respect to Iran to protect against The following concurrent resolutions added as a cosponsor of S. 908, a bill to human rights abuses in Iran, and for other and Senate resolutions were read, and amend the Public Health Service Act purposes; to the Committee on Foreign Rela- referred (or acted upon), as indicated: to improve the diagnosis and treat- tions. By Mr. GRAHAM (for himself, Mr. ment of hereditary hemorrhagic By Mr. KIRK (for himself and Mr. MENENDEZ, Ms. AYOTTE, Mr. SCHU- telangiectasia, and for other purposes. RUBIO): MER, Mr. MCCAIN, Mr. CORKER, Mr. S. 2586. A bill to establish a smart card S. 1249 RUBIO, Mr. BLUNT, Mr. KIRK, Mr. pilot program under the Medicare program; At the request of Mr. BLUMENTHAL, TOOMEY, Mr. ALEXANDER, Mr. MORAN, to the Committee on Finance. the name of the Senator from Colorado Mr. JOHANNS, Mr. HELLER, Mr. By Mr. ALEXANDER: INHOFE, Mrs. FISCHER, Ms. COLLINS, (Mr. BENNET) was added as a cosponsor S. 2587. A bill to amend the Endangered of S. 1249, a bill to rename the Office to Species Act of 1973 to protect and conserve Mr. CRUZ, Mr. VITTER, Mr. PAUL, Mr. species and the lawful possession of certain BLUMENTHAL, Mrs. BOXER, Mr. NEL- Monitor and Combat Trafficking of the ivory in the United States, and for other pur- SON, Mr. FRANKEN, Ms. MURKOWSKI, Department of State the Bureau to poses; to the Committee on Environment and Mr. THUNE, Mr. GRASSLEY, Mr. Monitor and Combat Trafficking in Public Works. HATCH, Mr. MURPHY, Mr. SCOTT, Mr. Persons and to provide for an Assistant By Mrs. FEINSTEIN: CARDIN, Mr. CRAPO, Mr. CHAMBLISS, Secretary to head such Bureau, and for S. 2588. An original bill to improve cyberse- Mr. ROBERTS, Mr. CASEY, Mr. WICKER, other purposes. curity in the United States through en- Mr. COATS, Mrs. SHAHEEN, Mr. hanced sharing of information about cyber- TESTER, Mr. KAINE, Mr. LEE, and Mr. S. 1391 security threats, and for other purposes; BEGICH): At the request of Mr. HARKIN, the from the Select Committee on Intelligence; S. Res. 498. A resolution expressing the name of the Senator from Nevada (Mr. placed on the calendar. sense of the Senate regarding United States HELLER) was added as a cosponsor of S. By Mr. DURBIN (for himself, Mr. HAR- support for the State of Israel as it defends 1391, a bill to amend the Age Discrimi- KIN, Mr. WHITEHOUSE, Mr. BROWN, and itself against unprovoked rocket attacks nation in Employment Act of 1967 and Mr. FRANKEN): from the Hamas terrorist organization; to other laws to clarify appropriate stand- S. 2589. A bill to amend title 11, United the Committee on Foreign Relations. States Code, to improve protections for em- By Mr. MANCHIN: ards for Federal employment discrimi- nation and retaliation claims, and for ployees and retirees in business bank- S. Res. 499. A resolution congratulating the ruptcies; to the Committee on the Judiciary. American Motorcyclist Association on its other purposes. By Mr. TESTER (for himself and Mr. 90th Anniversary; to the Committee on the S. 1507 WALSH): Judiciary. S. 2590. A bill to advance the purposes of At the request of Mr. MORAN, the By Mrs. SHAHEEN (for herself, Mr. the Lewis and Clark National Historic Trail name of the Senator from Nebraska RUBIO, Mr. MENENDEZ, Mr. MCCAIN, Interpretive Center, and for other purposes; (Mrs. FISCHER) was added as a cospon- and Mr. MURPHY): to the Committee on Energy and Natural Re- sor of S. 1507, a bill to amend the Inter- sources. S. Res. 500. A resolution expressing the nal Revenue Code of 1986 to clarify the By Mr. RUBIO (for himself and Mrs. sense of the Senate with respect to enhanced relations with the Republic of Moldova and treatment of general welfare benefits SHAHEEN): provided by Indian tribes. S. 2591. A bill to authorize the Secretary of support for the Republic of Moldova’s terri- State and the Administrator of the United torial integrity; to the Committee on For- S. 1517 States Agency for International Develop- eign Relations. At the request of Mr. WHITEHOUSE, ment to provide assistance to support the By Mr. PRYOR (for himself, Mr. BOOZ- the name of the Senator from New rights of women and girls in developing MAN, and Mr. DONNELLY): Hampshire (Mrs. SHAHEEN) was added countries, and for other purposes; to the S. Con. Res. 39. A concurrent resolution ex- as a cosponsor of S. 1517, a bill to Committee on Foreign Relations. pressing the sense of Congress regarding sup- amend the Public Health Services Act port for voluntary, incentive-based, private By Mr. HOEVEN (for himself, Mr. and the Social Security Act to extend MCCAIN, Ms. MURKOWSKI, and Mr. land conservation implemented through co- BARRASSO): operation with local soil and water conserva- health information technology assist- S. 2592. A bill to promote energy produc- tion districts; to the Committee on Agri- ance eligibility to behavioral health, tion and security, and for other purposes; to culture, Nutrition, and Forestry. mental health, and substance abuse

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4405 professionals and facilities, and for S. 2395 sponsors of S. 2578, a bill to ensure that other purposes. At the request of Mr. MENENDEZ, the employers cannot interfere in their S. 1675 name of the Senator from Massachu- employees’ birth control and other At the request of Mr. WHITEHOUSE, setts (Mr. MARKEY) was added as a co- health care decisions. the name of the Senator from Ken- sponsor of S. 2395, a bill to repeal the AMENDMENT NO. 3444 tucky (Mr. PAUL) was added as a co- Authorization for Use of Military At the request of Mr. JOHANNS, his sponsor of S. 1675, a bill to reduce re- Force Against Iraq Resolution of 2002. name was added as a cosponsor of cidivism and increase public safety, S. 2406 amendment No. 3444 intended to be pro- and for other purposes. At the request of Mr. REED, the name posed to S. 2363, a bill to protect and S. 1923 of the Senator from Ohio (Mr. enhance opportunities for recreational At the request of Mr. MANCHIN, the PORTMAN) was added as a cosponsor of hunting, fishing, and shooting, and for name of the Senator from Florida (Mr. S. 2406, a bill to amend title XII of the other purposes. NELSON) was added as a cosponsor of S. Public Health Service Act to expand AMENDMENT NO. 3451 1923, a bill to amend the Securities Ex- the definition of trauma to include At the request of Mr. JOHANNS, his change Act of 1934 to exempt from reg- thermal, electrical, chemical, radio- name was added as a cosponsor of istration brokers performing services active, and other extrinsic agents. amendment No. 3451 intended to be pro- in connection with the transfer of own- S. 2417 posed to S. 2363, a bill to protect and ership of smaller privately held compa- At the request of Mr. BENNET, the enhance opportunities for recreational nies. name of the Senator from Minnesota hunting, fishing, and shooting, and for S. 2047 (Mr. FRANKEN) was added as a cospon- other purposes. At the request of Mrs. BOXER, the sor of S. 2417, a bill to provide greater AMENDMENT NO. 3458 name of the Senator from Florida (Mr. controls and restriction on revolving At the request of Mr. CRUZ, the name NELSON) was added as a cosponsor of S. door lobbying. of the Senator from Wyoming (Mr. 2047, a bill to prohibit the marketing of S. 2449 BARRASSO) was added as a cosponsor of electronic cigarettes to children, and At the request of Mr. MENENDEZ, the amendment No. 3458 intended to be pro- for other purposes. name of the Senator from New York posed to S. 2363, a bill to protect and S. 2132 (Mrs. GILLIBRAND) was added as a co- enhance opportunities for recreational At the request of Mr. BARRASSO, the sponsor of S. 2449, a bill to reauthorize hunting, fishing, and shooting, and for name of the Senator from Nebraska certain provisions of the Public Health other purposes. (Mrs. FISCHER) was added as a cospon- Service Act relating to autism, and for AMENDMENT NO. 3474 sor of S. 2132, a bill to amend the In- other purposes. At the request of Mr. JOHANNS, his dian Tribal Energy Development and S. 2481 name was added as a cosponsor of Self-Determination Act of 2005, and for At the request of Mrs. SHAHEEN, the amendment No. 3474 intended to be pro- other purposes. name of the Senator from Massachu- posed to S. 2363, a bill to protect and S. 2231 setts (Mr. MARKEY) was added as a co- enhance opportunities for recreational At the request of Mr. ROCKEFELLER, sponsor of S. 2481, a bill to amend the hunting, fishing, and shooting, and for the name of the Senator from Delaware Small Business Act to provide author- other purposes. (Mr. COONS) was added as a cosponsor ity for sole source contracts for certain of S. 2231, a bill to amend title 10, AMENDMENT NO. 3475 small business concerns owned and United States Code, to provide an indi- At the request of Mr. JOHANNS, his controlled by women, and for other vidual with a mental health assess- name was added as a cosponsor of purposes. ment before the individual enlists in amendment No. 3475 intended to be pro- the Armed Forces or is commissioned S. 2538 posed to S. 2363, a bill to protect and as an officer in the Armed Forces, and At the request of Mr. KIRK, the name enhance opportunities for recreational for other purposes. of the Senator from Alaska (Mr. hunting, fishing, and shooting, and for BEGICH) was added as a cosponsor of S. other purposes. S. 2250 2538, a bill to amend the Public Health At the request of Ms. KLOBUCHAR, the AMENDMENT NO. 3478 names of the Senator from Georgia Service Act to revise and extend the At the request of Mr. JOHANNS, his program for viral hepatitis surveil- (Mr. ISAKSON) and the Senator from name was added as a cosponsor of lance, education, and testing in order Michigan (Ms. STABENOW) were added amendment No. 3478 intended to be pro- as cosponsors of S. 2250, a bill to extend to prevent deaths from chronic liver posed to S. 2363, a bill to protect and the Travel Promotion Act of 2009, and disease and liver cancer, and for other enhance opportunities for recreational for other purposes. purposes. hunting, fishing, and shooting, and for S. 2545 S. 2301 other purposes. At the request of Mr. HATCH, the At the request of Ms. AYOTTE, the At the request of Mr. PAUL, the name names of the Senator from Florida (Mr. names of the Senator from Arizona of the Senator from Wyoming (Mr. RUBIO) and the Senator from Missouri (Mr. FLAKE), the Senator from Mon- BARRASSO) was added as a cosponsor of (Mr. BLUNT) were added as cosponsors tana (Mr. WALSH) and the Senator from amendment No. 3478 intended to be pro- of S. 2301, a bill to amend section 2259 New Hampshire (Mrs. SHAHEEN) were posed to S. 2363, supra. of title 18, United States Code, and for added as cosponsors of S. 2545, a bill to AMENDMENT NO. 3480 other purposes. require the Secretary of Veterans Af- At the request of Mr. DURBIN, the S. 2329 fairs to revoke bonuses paid to employ- name of the Senator from Rhode Island At the request of Mrs. SHAHEEN, the ees involved in electronic wait list ma- (Mr. REED) was added as a cosponsor of name of the Senator from Colorado nipulations, and for other purposes. amendment No. 3480 intended to be pro- (Mr. BENNET) was added as a cosponsor S. 2565 posed to S. 2363, a bill to protect and of S. 2329, a bill to prevent Hezbollah At the request of Mrs. SHAHEEN, the enhance opportunities for recreational from gaining access to international fi- name of the Senator from Iowa (Mr. hunting, fishing, and shooting, and for nancial and other institutions, and for HARKIN) was added as a cosponsor of S. other purposes. other purposes. 2565, a bill to amend the Internal Rev- AMENDMENT NO. 3501 S. 2363 enue Code of 1986 to enhance the de- At the request of Mr. BLUMENTHAL, At the request of Mrs. HAGAN, the pendent care tax credit, and for other the name of the Senator from Rhode Is- name of the Senator from Wisconsin purposes. land (Mr. REED) was added as a cospon- (Ms. BALDWIN) was added as a cospon- S. 2578 sor of amendment No. 3501 intended to sor of S. 2363, a bill to protect and en- At the request of Mrs. MURRAY, the be proposed to S. 2363, a bill to protect hance opportunities for recreational names of the Senator from Delaware and enhance opportunities for rec- hunting, fishing, and shooting, and for (Mr. COONS) and the Senator from Vir- reational hunting, fishing, and shoot- other purposes. ginia (Mr. WARNER) were added as co- ing, and for other purposes.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4406 CONGRESSIONAL RECORD — SENATE July 10, 2014 AMENDMENT NO. 3502 fore an accidental nicotine ingestion promulgated under subparagraph (A) as the At the request of Mr. MORAN, the results in death. Commission considers appropriate. names of the Senator from South Da- Today I am introducing the Child (2) EXPEDITED PROCESS.—The Commission shall promulgate the rules under paragraph kota (Mr. THUNE), the Senator from Nicotine Poisoning Prevention Act (1) in accordance with section 553 of title 5, with Senators PRYOR, BENNET, Texas (Mr. CORNYN) and the Senator United States Code. from Wyoming (Mr. BARRASSO) were BLUMENTHAL, BOXER, BROWN, DURBIN, (3) INAPPLICABILITY OF CERTAIN RULEMAKING added as cosponsors of amendment No. HARKIN, MARKEY, MERKLEY, and SCHU- REQUIREMENTS.—The following provisions 3502 intended to be proposed to S. 2363, MER to prevent these unnecessary trag- shall not apply to a rulemaking under para- a bill to protect and enhance opportu- edies. This common-sense legislation graph (1): nities for recreational hunting, fishing, gives the U.S. Consumer Product Safe- (A) Sections 7 and 9 of the Consumer Prod- and shooting, and for other purposes. ty Commission, CPSC, authority and uct Safety Act (15 U.S.C. 2056 and 2058). (B) Section 3 of the Federal Hazardous AMENDMENT NO. 3503 direction to issue rules requiring safer, child-resistant packaging for liquid Substances Act (15 U.S.C. 1262). At the request of Mr. JOHANNS, his (C) Subsections (b) and (c) of section 3 of name was added as a cosponsor of nicotine products within 1 year of pas- the Poison Prevention Packaging Act of 1970 amendment No. 3503 intended to be pro- sage. (15 U.S.C. 1472). posed to S. 2363, a bill to protect and The CPSC already requires child-re- (4) SAVINGS CLAUSE.—Nothing in this sec- enhance opportunities for recreational sistant packaging for many household tion shall be construed to limit or diminish hunting, fishing, and shooting, and for products, including over-the-counter the authority of the Food and Drug Adminis- tration to regulate the manufacture, mar- other purposes. medicines and cleaning agents. These rules have prevented countless injuries keting, sale, or distribution of liquid nico- AMENDMENT NO. 3521 and deaths to children. There is no rea- tine, liquid nicotine containers, electronic At the request of Mr. ENZI, the name cigarettes, or similar products that contain son that bottles of liquid nicotine or dispense liquid nicotine. of the Senator from Wyoming (Mr. should not also be required to have BARRASSO) was added as a cosponsor of child-resistant packaging as well. By Mr. KAINE (for himself, Mr. amendment No. 3521 intended to be pro- I invite my colleagues to join us to PORTMAN, and Mr. WARNER): posed to S. 2363, a bill to protect and support the Child Nicotine Poisoning S. 2584. A bill to amend the Carl D. enhance opportunities for recreational Prevention Act. Working together, we Perkins Career and Technical Edu- hunting, fishing, and shooting, and for can take simple steps to prevent acci- cation Act of 2006 to raise the quality other purposes. dental child nicotine poisonings. of career and technical education pro- f Mr. President, I ask unanimous con- grams and to allow local eligible re- STATEMENTS ON INTRODUCED sent that text of the bill be printed in cipients to use funding to establish BILLS AND JOINT RESOLUTIONS the RECORD. high-quality career academics; to the There being no objection, the text of Committee on Health, Education, the bill was ordered to be printed in Labor, and Pensions. By Mr. NELSON (for himself, Mr. the RECORD, as follows: Mr. KAINE. Mr. President, I rise BLUMENTHAL, Mrs. BOXER, Mr. S. 2581 today to introduce the Educating To- BROWN, Mr. DURBIN, Mr. HAR- Be it enacted by the Senate and House of Rep- morrow’s Workforce Act of 2014. This is KIN, Mr. MARKEY, Mr. MERKLEY, resentatives of the United States of America in a bipartisan bill with Senator Congress assembled, Mr. PRYOR, Mr. SCHUMER, and PORTMAN, who will follow me on the SECTION 1. SHORT TITLE. Mr. BENNET): floor today. Senator PORTMAN and I are S. 2581. A bill to require the Con- This Act may be cited as the ‘‘Child Nico- tine Poisoning Prevention Act of 2014’’. working together as cochairs of the sumer Product Safety Commission to Senate Career and Technical Education promulgate a rule to require child safe- SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE CONTAINERS. Caucus. ty packaging for liquid nicotine con- (a) DEFINITIONS.—In this section: Let me first explain why career and tainers, and for other purposes; to the (1) COMMISSION.—The term ‘‘Commission’’ technical education is important to Committee on Commerce, Science, and means the Consumer Product Safety Com- me. Transportation. mission. I grew up in a household in Kansas Mr. NELSON. Mr. President, we all (2) LIQUID NICOTINE CONTAINER.—The term City where my dad ran a union-orga- recognize the danger that many haz- ‘‘liquid nicotine container’’ means a con- nized ironworking shop. He was the ardous chemicals and over-the-counter sumer product, as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. owner. Ironworkers and welders—in a drugs pose to children. That’s why we 2052(a)(5)) notwithstanding subparagraph(B) good year, eight employees; in a bad require child-resistant packaging for of such section, that consists of a container year, five employees. My mother and these substances to prevent accidental that— my brothers and I worked in my dad’s poisonings that could result in serious (A) has an opening that is accessible shop, and I came to appreciate working injury or death. through normal and reasonably foreseeable in that ironworking shop, the tremen- Unfortunately, there is no child-re- use by a consumer; and dous craftsmanship and skill that went sistant packaging required for con- (B) is used to hold liquid containing nico- into being an ironworker. That lesson tine in any concentration. centrated liquid nicotine, which can be has stuck with me for the rest of my (3) NICOTINE.—The term ‘‘nicotine’’ means toxic if ingested or even absorbed any form of the chemical nicotine, including life, and I really credit my dad with my through skin in large amounts. Accord- any salt or complex, regardless of whether work ethic. In a manufacturing weld- ing to the American Academy of Pedi- the chemical is naturally or synthetically ing shop, you get up and you go to atrics, AAP, some small 15 mL bottles derived. work early because you want to get the of liquid nicotine contain as much as (4) SPECIAL PACKAGING.—The term ‘‘special work done before it gets too hot in the 540 mg of nicotine. At the estimated le- packaging’’ has the meaning given such term middle of the day. thal dose range of nicotine, AAP notes in section 2 of the Poison Prevention Pack- I then had the experience in 1980 to that this small bottle contains enough aging Act of 1970 (15 U.S.C. 1471). take a year off from Harvard Law (b) REQUIRED USE OF SPECIAL PACKAGING nicotine to kill 4 small children. And FOR LIQUID NICOTINE CONTAINERS.— School and go to Honduras, where I was even a very small amount of the liquid (1) RULEMAKING.— the principal of the Instituto Tecnico splashed on a child’s skin can make the (A) IN GENERAL.—Notwithstanding section Loyola, which was a school that taught child very ill. 3(a)(5)(B) of the Consumer Product Safety kids to be welders and carpenters. I The American Association of Poison Act (15 U.S.C. 2052(a)(5)(B)) or section 2(f)(2) was able to use the trades I had learned Control Centers, AAPCC, reports that of the Federal Hazardous Substances Act (15 in my dad’s shop, and what I saw in local poison control centers had al- U.S.C. 1261(f)(2)), not later than 1 year after Honduras was the same thing: that the ready received 1,571 calls between Jan- the date of the enactment of this Act, the Commission shall promulgate a rule requir- acquisition of skills—whether it be uary 1 and May 31 of this year related ing special packaging for liquid nicotine con- welding or carpentry or other skills—is to liquid nicotine exposure. According tainers. a great path to life’s success. to some experts who study nicotine ex- (B) AMENDMENTS.—The Commission may But one thing I noticed about the posure, it’s only a matter of time be- promulgate such amendments to the rule education system in my country—even

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4407 as I was working in my dad’s shop, that students of all ages and walks of First, it ensures that students have even as I was a principal of the school life are ready for a successful career. access to high-quality CTE programs in in Honduras—was in the United States When I was Governor, I worked on a their schools so they can prepare to be we sort of downgrade career and tech- number of educational issues, but one I college and career ready. Second, it de- nical education. When I was a kid, it was very proud of was starting Gov- fines what a rigorous program of study was called vocational education. Often, ernor’s Career and Technical Acad- for CTE students is that links sec- in high schools especially, students emies. We had 17 in Virginia—Gov- ondary and postsecondary education, who were thought to be kind of prob- ernor’s schools—that were college prep, to culminate in a degree or a credit or lems or not college material would academic, regional, magnet public high a credential or a license or an appren- kind of get trapped into vocational schools. It started in the 1970s. But ticeship or a postsecondary certificate. education curricula, and that would when I was running for Governor, I re- It emphasizes the opportunities for usually not be a good sign. alized, wow, we do not have a single secondary students to earn college or In fact, a friend of mine, who is a school in the State that is a career and postsecondary credits while they are in middle school teacher in southwest technical education program that we high school. I was able to graduate Virginia, told me that she would often have deemed fit to hang the Governor’s from college in 3 years because of cred- see her students after they had gone to label: This is a Governor’s career and its I earned in high school. That was at the high school and ask, ‘‘Hey, tell me technical academy. I said this has to be a time when it was critically impor- what you are up to.’’ And when a stu- just as important as college prep. So tant financially for my family that I dent said ‘‘I am in the vocational edu- when I was Governor, we started Gov- was able to get through college in 3 cation program,’’ the student would al- ernor’s Career and Technical Acad- years. most slump their shoulders, like ‘‘I emies. By the end of my one term—and This dual enrollment piece of our bill know you are going to be disappointed that is all you get in Virginia—we had is a piece that Senator PORTMAN to hear this: I am in the vocational nine. The Republican Governor who worked very hard to make sure was in- education program.’’ followed me liked the idea. By the end cluded. The legislation allows the Per- Career and technical education is a of his term, we had 22. The Democratic kins funding to be used by States that very important pathway for life’s suc- Governor who has followed him is con- want to establish CTE academies as we cess, and there should be no stigma tinuing to expand it, and we now have did in Virginia and ensures that the surrounding career and technical edu- academies around the Commonwealth, academies are of a high quality. cation programs. But whether it is in developed at partnerships among Finally, the bill promotes the kinds our K–12 schools or in the higher ed schools, employers, business organiza- of partnerships we need between busi- world or in the mindset of parents or tions, and postsecondary institutions nesses, industries, postsecondary and guidance counselors or even in the looking for these skills. other community stakeholders. Part- military—in the military today, our Last week, during our break week, I nerships are important to connect peo- military members can get tuition as- traveled in Virginia, and I heard the ple to the workforce. The Southern Re- sistance benefits, but they can only be same message from employers and edu- gional Education Board cites that stu- used for college courses. You can get cators: Education has to be job rel- dents with highly integrated CTE pro- up to $4,500 a year in the military as a evant. It has to start at earlier grades. grams, where the CTE programs and tuition assistance benefit, but you can- Completion rates need to be maxi- the academic programs are integrated not use even $500 of it to take the cer- mized. We need to make sure all of our together, that those schools have sig- tification exam from the American students have the skills they will need nificantly higher achievement rates in Welding Society to get your welding to be able to build successful careers reading, mathematics, and sciences certificate. We still have a stigma throughout their lives. than students at schools that do not against career and technical education, One entrepreneur even said to me: I have integrated programs. and we should not. am so glad I ended up going to the Val- In closing, and then I defer to my col- CTE integrates numerous aspects of ley Career and Technical Education league from Ohio, I noticed something liberal arts degrees for practical and Program in the Shenandoah Valley and when I was mayor of Richmond and applied purposes. CTE prepares stu- went into CTE because it has enabled Governor that was a change in the kind dents with industry-recognized creden- me to be my own boss. of economic development world. As tials, professional certificates, occa- I said: What do you mean by that? mayor, I was often trying to get a busi- sionally college credits, and, most im- He said: If I had gone to college, I ness to come to Richmond. I was com- portantly, training for careers as var- would have gotten a good job offer peting against Savannah or against the ied as nursing, physician assistant, from a good company and would have county next door. What I found was in business administration, manufac- taken it, and I probably would still be these competitions, the closing factor turing, oil and natural gas exploration, there. I would have been having a good was always the incentive package: Mr. automotive maintenance, agriculture, career, but somebody else would have Mayor, how much money can you put welding, software programming, cul- been by boss. But by going to a career on the table? What kind of tax incen- inary arts, and many other careers. and technical program and learning a tives can you put on the table? CTE happens in interesting places. skill, it also encouraged me to be en- Oh, you either beat the other guy or CTE happens in K–12 school systems. It trepreneurial. So I did not join some- you don’t. But by the time I—5, 6, 7 happens on community college cam- body else’s company; I started my own years later I was Governor, the last puses. It happens in 4-year colleges. It company. CTE promotes entrepre- issue now was not the incentive pack- happens in stand-alone institutions neurial activity. age anymore. The deciding issue for such as the Newport News Shipbuilding It is essential for the United States companies that were choosing whether apprenticeship program, where people to invest in creating a world-class sys- to come to Virginia or South Carolina learn to manufacturer the largest tem of education across the spectrum or Singapore was not the tax incen- items on planet Earth: nuclear aircraft to ensure the technically skilled and tives, it was the workforce. carriers and submarines in Newport well-trained workforce we need. That is Tell me, Governor, that we will have News, VA. It happens online. It hap- why we are introducing this bill—Sen- the kind of people we need when we pens anywhere where there is some- ator PORTMAN and I—the Educating To- open the door tomorrow. Give me con- body who wants to attain a skill and morrow’s Workforce Act. fidence that we will have the kind of there is a qualified teacher or program Here is what the legislation does. people we need 20 years from now. Long that can convey and educate a student It takes the existing Carl D. Perkins after the ribbon has been cut and the in that skill so they can get a good job. career and technical education pro- photos have been taken, are we still CTE programs are proven solutions gram, which is the major source for going to have the kinds of people we for creating jobs, for retraining work- Federal funding for programs that con- need to do to the kind of work that has ers, older workers who need to find new nect education to real-world careers, to be done? skills so they can be successful and fill and it amends it by doing a couple of In today’s world, talent is the most open jobs in the market, and ensure things. precious asset—more than oil, more

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4408 CONGRESSIONAL RECORD — SENATE July 10, 2014 than water, more than rare Earth min- secondary and postsecondary education sys- SEC. 5. LOCAL PLAN FOR CAREER AND TECH- erals. It is talent and human capital tems, for— NICAL EDUCATION PROGRAMS. ‘‘(A) technical credit such as dual enroll- Section 134(b) of the Carl D. Perkins Career that is precious. Recently we did some- and Technical Education Act of 2006 (20 thing good in this body, Democrats and ment, dual credit, or articulated credit, which may include credit by examination or U.S.C. 2354(b)) is amended— Republicans together. We passed the credit by performance on technical assess- (1) in paragraph (3)(A), by striking ‘‘pro- Workforce Innovation and Opportunity ments; or grams of study described in section Act. It was passed in the House yester- ‘‘(B) academic credit such as dual enroll- 122(c)(1)(A)’’ and inserting ‘‘education pro- day. ment, dual credit, or articulated credit, grams of study’’; and This looks at the Nation’s workforce which may include credit by examination or (2) by striking paragraph (7) and inserting the following: programs and makes them stronger. credit by performance on academic assess- ments.’’; and ‘‘(7) describe how the eligible recipient will Now we have to make the policy conduct an assessment of local needs related changes that go into our education pro- (4) by inserting after paragraph (25), as re- designated by paragraph (1), the following: to career and technical education as part of grams and match what we did in the the local plan development process and how ‘‘(26) REGISTERED APPRENTICESHIP PRO- such needs assessment will be updated annu- WIOA reauthorization to prepare our GRAM.—The term ‘registered apprenticeship students for a 21st century workforce. I program’ means an apprenticeship program— ally in subsequent years of the local plan, in- cluding how the needs assessment includes very much hope the Senate moves for- ‘‘(A) registered under the Act of August 16, an evaluation of progress toward specific ele- 1937 (commonly known as the ‘‘National Ap- ward on the Carl D. Perkins Act this ments leading to high-quality implementa- prenticeship Act’’; 50 Stat. 664, chapter 663; year. I look forward to promoting this tion of career and technical education pro- 29 U.S.C. 50 et seq.); and bill as part of that reauthorization. I grams of study, including— ‘‘(B) that meets such other criteria as may am honored to have Senator PORTMAN, ‘‘(A) sustained, intensive, and focused pro- be established by the Secretary under this fessional development for teachers, prin- my cochair on the CTE caucus, as the section.’’. cosponsor of this legislation. cipals, administrators, and school counselors Mr. President, I ask unanimous con- SEC. 3. STATE PLAN. on both content and pedagogy that— sent that the text of the bill be printed ‘‘(i) supports high-quality academic and Section 122(c)(1) of the Carl D. Perkins Ca- career and technical education instruction; in the RECORD. reer and Technical Education Act of 2006 (20 and There being no objection, the text of U.S.C. 2342(c)(1)) is amended— ‘‘(ii) ensures local, regional, and State the bill was ordered to be printed in (1) by striking subparagraph (A); labor market information as applicable is the RECORD, as follows: (2) by redesignating subparagraphs (B) utilized to make informed decisions about through (L) as subparagraphs (A) through S. 2584 program offerings and to advise students of (K), respectively; and career opportunities and benefits; Be it enacted by the Senate and House of Rep- (3) in subparagraph (A), as redesignated by ‘‘(B) a curriculum aligned with the require- resentatives of the United States of America in (2), by striking ‘‘the career and technical ments for a career and technical education Congress assembled, programs of study described in subparagraph program of study; SECTION 1. SHORT TITLE. (A)’’ and inserting ‘‘career and technical edu- ‘‘(C) teaching and learning strategies fo- This Act may be cited as the ‘‘Educating cation programs of study, including a de- cused on the integration of academic and ca- Tomorrow’s Workforce Act of 2014.’’. scription of how the eligible agency will en- reer and technical education content, includ- SEC. 2. DEFINITIONS. sure the quality of any program of study cul- ing supports necessary to implement such Section 3 of the Carl D. Perkins Career and minating in an industry-recognized certifi- strategies; Technical Education Act of 2006 (20 U.S.C. cate, credential, or license’’. ‘‘(D) ongoing relationships between edu- 2302) is amended— cation, business and industry, and other SEC. 4. STATE LEADERSHIP ACTIVITIES. (1) by redesignating paragraphs (6) through community stakeholders; (9), (10) through (23), and (24) through (34), as Section 124 of the Carl D. Perkins Career ‘‘(E) opportunities for secondary students paragraphs (7) through (10), (12) through (25), and Technical Education Act of 2006 (20 to earn postsecondary credit while in sec- and (27) through (37), respectively; U.S.C. 2344) is amended— ondary school, such as through credit trans- (2) by inserting after paragraph (5) the fol- (1) in subsection (b)(6), by striking ‘‘pro- fer agreements including dual enrollment; lowing: grams of study, as described in section ‘‘(F) career and technical student organiza- ‘‘(6) CAREER AND TECHNICAL EDUCATION PRO- 122(c)(1)(A)’’ and inserting ‘‘education pro- tions, or other activities that promote the GRAM OF STUDY.—The term ‘career and tech- grams of study’’; and development of leadership and employability nical education program of study’ means a (2) in subsection (c)— skills; coordinated, non-duplicative sequence of sec- (A) in paragraph (9), by striking ‘‘,career ‘‘(G) appropriate equipment and tech- ondary and postsecondary academic and academies,’’; nology aligned with business and industry technical courses that— (B) in paragraph (16)(B), by striking ‘‘and’’ needs; ‘‘(A) incorporate rigorous, State-identified after the semicolon; ‘‘(H) a continuum of work-based learning college and career readiness standards, in- (C) in paragraph (17), by striking the period opportunities, such as job shadowing, cluding state-identified career and technical at the end and inserting ‘‘; and’’; and mentorships, internships, apprenticeships, education standards that address both aca- (D) by adding at the end the following: clinical experiences, service learning experi- demic and technical contents; ‘‘(18) support for career academies, which— ences, and cooperative education; ‘‘(B) support attainment of employability ‘‘(A) implement a college and career ready ‘‘(I) valid and reliable technical skills as- and career readiness skills; curriculum at the secondary education level sessments to measure student achievement, ‘‘(C) progress in content specificity (by be- that integrates rigorous academic, technical, which may include industry-recognized cer- ginning with all aspects of an industry or ca- and employability contents through career tifications or may lead to other credentials; reer cluster and leading to more occupation- and technical education programs of study ‘‘(J) support services to ensure equitable ally specific instruction or by preparing stu- and high-quality elements, including those participation for all students; and dents for ongoing postsecondary career prep- described in section 134(b)(7); ‘‘(K) recruitment and retention efforts to aration); ‘‘(B) include experiential or work-based ensure highly effective educators, principals, ‘‘(D) incorporate multiple entry and exit learning for secondary school students, in and administrators.’’. points with portable demonstrations of tech- collaboration with local and regional em- SEC. 6. LOCAL USES OF FUNDS. nical or career competency, which may in- ployers; Section 135 of the Carl D. Perkins Career clude credit-transfer agreements or indus- ‘‘(C) include opportunities for secondary and Technical Education Act of 2006 (20 try-recognized certifications; and school students to earn postsecondary credit U.S.C. 2355) is amended— ‘‘(E) culminate in the attainment of— while in secondary school, such as through (1) in subsection (b)— ‘‘(i) an industry-recognized certification, credit transfer agreements including dual (A) in paragraph (1), by striking ‘‘programs credential, or license; enrollment; and of study described in section 122(c)(1)(A)’’; ‘‘(ii) a registered apprenticeship or credit- ‘‘(D) establish and maintain ongoing part- and inserting ‘‘education programs of bearing postsecondary certificate; or nerships— study’’; and ‘‘(iii) an associate or baccalaureate de- ‘‘(i) between the local educational agency, (B) in paragraph (2), by striking ‘‘career gree.’’; business and industry, and institutions of and technical program of study described in (3) by inserting after paragraph (10), as re- higher education, or postsecondary voca- section 122(c)(1)(A)’’ and inserting ‘‘career designated by paragraph (1), the following: tional institutions (as defined in section and technical education program of study’’; ‘‘(11) CREDIT-TRANSFER AGREEMENT.—The 102(c) of the Higher Education Act of 1965 (20 and term ‘credit-transfer agreement’ means an U.S.C. 1002(c))); and (2) in subsection (c)— opportunity for secondary students to be ‘‘(ii) which may also include local govern- (A) in paragraph (19)— awarded transcripted postsecondary credit, ment, such as workforce and economic devel- (i) in subparagraph (C), by striking ‘‘pro- supported with a formal agreement between opment entities.’’. grams of study described in section

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4409 122(c)(1)(A)’’ and inserting ‘‘education pro- surprise some people listening because fits on top of that. They have the op- grams of study’’; and they are thinking: Wow. I cannot get a portunity now to run very sophisti- (ii) in subparagraph (D), by striking ‘‘and’’ job or my son or daughter cannot get a cated machines. Both of them started after the semicolon; job or my neighbor cannot get a job. As off learning as apprentices. Now they (B) in paragraph (20), by striking the pe- I said, unemployment is high. Yet riod at the end and inserting ‘‘; and’’; and are both running machines. These ma- 1 (C) by adding at the end the following: there are 4 ⁄2 million jobs open. When chines are worth over $1 million apiece. ‘‘(21) to provide support for career acad- we look at those jobs and what is avail- These are in CNC machines. In one case emies, as described in section 124(c)(18).’’. able out there—and Senator KAINE it is a plastic injecting molding ma- SEC. 7. CONFORMING AMENDMENTS. talked some about this, a lot of them chine. It is very exciting. By the way, Section 113 of the Carl D. Perkins Career require skills that young people and they now have been encouraged to go and Technical Education Act of 2006 (20 workers who are shifting careers, back to their high school and say: Hey, U.S.C. 2323) is amended— maybe they have lost a job, are in their 4-year college or university, that is (1) in subsection (b)(4)(C)(ii)(I), by striking forties or fifties, skills they do not ‘‘section 3(29)’’ and inserting ‘‘section 3(32)’’; great if you want to do that, but here have. is another opportunity. and So it is IT, it is high-tech jobs, it is (2) in subsection (c)(2)(A), by striking ‘‘sec- By the way, they may go back to tion 3(29)’’ and inserting ‘‘section 3(32)’’. health care jobs, it is bioscience jobs. school. They both have some credit Mr. PORTMAN. Mr. President, I Yes, it is manufacturing jobs. My own where they could go back and maybe thank my colleague from Virginia and State of Ohio is a big manufacturing get an associate’s degree or a 4-year de- appreciate his comments. He has a pas- State. We are particularly sensitive to gree or maybe a graduate engineering sion for this issue. It fits very well this. There are lots of manufacturers in degree someday, but in the meantime with what so many of us are trying to Ohio who are saying: If we had the they are providing the opportunities do in the Congress, which is to put in workers, we could add new jobs, new for these companies in Ohio to have place policies that actually create opportunities, grow this economy. The skilled workers so they can compete more opportunities for our young peo- spinoff from that, all of the other jobs globally. For them and their families, ple. that are created through a successful they are providing a tremendous oppor- We are living through the weakest manufacturing company that makes tunity, rather than graduating with a economic recovery we have had in this something is the backbone of our high- bunch of debt. The average debt is country since the Great Depression. I er economy, international economy. $20,000, $30,000 a year now. Instead of know we have seen some improvement This is exciting for me to work with having debt, they are making money. recently in the job numbers, but in fact Senator KAINE and others who say: For the next 4 years, even if they are unemployment remains way too high. Let’s take a piece of this, which is ca- not promoted 0—0 which I think they reer and technical education, to en- If we take into account folks who have will be, having met these two young courage young people to get these dropped out of the workforce alto- men—that is $200,000 they are going to skills, to be able to access these great gether as compared to 4 or 5 years ago, be making and spending and investing jobs. Some of them, by the way, will do we have unemployment rates at over 10 in our economy. it right out of high school. I am very excited about this oppor- percent. I was in Ohio on Monday. We had a Among young people coming out of tunity to hold this up to say there is a roundtable on this. We had a bunch of school it is far higher. It is double dig- way for us to help get this economy employers there. We had some edu- its, about 12 or 13 percent for 18 to 25 moving by helping to fill this skills cators there. We had some students year olds, we are told. Again, the real gap. In Ohio alone, if you go on there. One was a senior in high school ohiomeansjobs.com right now, go on numbers are worse than that when we who is currently in career and tech- their Web site, you will see about take out the folks who have dropped nical school. For those who do not fol- 140,000 jobs open. Yet we have about out of the workforce altogether. low this closely, you probably are more Our GDP growth, the growth of our 400,000 people out of work. If you look familiar with the word ‘‘vocational’’ economy, is too low. So there are a at these jobs, again, you will see a lot school, because that is typically what number of things we ought to do, in my of them require skills that simply are it has been called over the years. That view. One is, we have to deal with en- is the same thing as the career and not out there in the workforce now. Help provide these skills and we are suring that we have a workforce that is technical schools. going to see some of these jobs get trained for these 21st century jobs that Again, Senator KAINE and I have co- are out there. We also need to reform founded this Career and Technical Edu- filled. That helps our economy, keeps our Tax Code. We need to put regu- cation Caucus in the Senate over the businesses here, and expands businesses latory relief in place that is sensible. last couple of months. We have a num- here. We did, as Senator KAINE said, We need to do much more to take ad- ber of our colleagues now joining and just pass the Workforce Innovation and vantage of the energy resources we so on. We are trying to raise this, let Opportunity Act, so-called WIOA. I was have in this country. We need to get people know about this great oppor- very pleased about that. The House back in the business of exporting and tunity out there. just passed it this week. The Senate trade. This young man is a senior. He is passed it 2 weeks ago. There are some things relatively going back to his high school and say- In that there is something called the quickly we could do to get the country ing: You Guys are crazy not to do this CAREER Act that Senator BENNET and back on track, but none is more impor- CTE stuff because I am getting great I have been promoting the last few tant than having that workforce. Be- skills, where I can get a great job, and years. We were able to include a num- cause we can have a great environ- I am getting college credit because ber of our provisions in there to add ment—which unfortunately we do not they have one of those dual credit pro- more accountability, to add more per- have now for many businesses because grams in this particular CTE program. formance measures to improve that we have not created the climate for Then there were two students there legislation. I am happy that was done. economic growth with good policy in who graduated earlier this year. They That helps on retraining. That is criti- Washington. both have been in the CTE program. cally important. We spend about $15 But if we had that—if we do not have They both have been taking advantage billion a year on that at the Federal the workers in this increasingly com- of it to get the skills but also working Government level. petitive global economy we are in, jobs part time as apprentices or interns—19 What we are talking about is starting will be created somewhere else. That is years old, two young men. Both of with the career and technical edu- happening right now. It is happening them are now out in the workforce, cation even before we get into the partly because we do not have the working for these manufacturers. One WIOA programs and the retraining skilled workers to be able to attract of their bosses was there, one of the ex- money that is necessary when some- those jobs here, those businesses here, ecutives from one of the small manu- body loses a job and needs to move to and to fill the jobs here in America. facturing companies. another job. We are talking about Four and one-half million jobs are These young men at 19 years old are young people coming up and having open right now, they say. That might making $50,000 a year. They have bene- this opportunity. According to the U.S.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4410 CONGRESSIONAL RECORD — SENATE July 10, 2014 Bureau of Labor Statistics, Ohio is ments to measure student achieve- Sec. 103. Priority for severance pay. gaining jobs in manufacturing. That is ment, making sure they are actually Sec. 104. Financial returns for employees great news. But we also hear, in the accomplishing what they are supposed and retirees. latest skills gap report by the Manu- to be based on industry standards, Sec. 105. Priority for WARN Act damages. facturing Institute, 74 percent of manu- making sure the CTE curriculum is in TITLE II—REDUCING EMPLOYEES’ AND facturers are experiencing workforce alignment with whatever the local and RETIREES’ LOSSES shortages or skill deficiencies that regional needs are in the workforce, Sec. 201. Rejection of collective bargaining what the demands are. Employers are agreements. keep them from expanding their plant Sec. 202. Payment of insurance benefits to and operations and improving produc- looking for kids who have specific retired employees. tivity—74 percent. skills. We have to be sure we are pro- Sec. 203. Protection of employee benefits in We could be doing much more to viding them. a sale of assets. close that skills gap. The legislation It also increases flexibility for States Sec. 204. Claim for pension losses. that Senator KAINE and I talked about and localities, allowing them to use Sec. 205. Payments by secured lender. that we are introducing today is a very these Perkins grant funds to establish Sec. 206. Preservation of jobs and benefits. important step toward that. It is going academies such as the one Governor Sec. 207. Termination of exclusivity. Sec. 208. Claim for withdrawal liability. to help open opportunities for the next Kaine started when he was in Virginia. generation of workers by ensuring that It also improves the link between TITLE III—RESTRICTING EXECUTIVE COMPENSATION PROGRAMS they have these skills to participate in high school and postsecondary edu- the 21st century economy. cation to ease the attainment of indus- Sec. 301. Executive compensation upon exit try-recognized credentials, licensing, from bankruptcy. We were talking a moment ago, some Sec. 302. Limitations on executive com- of us, about high school graduation apprenticeship, postsecondary certifi- pensation enhancements. rates. Unfortunately, we have unac- cates. We do a lot of that in Ohio, the Sec. 303. Assumption of executive benefit ceptably high numbers of people who dual credit programs I talked about plans. do not graduate from high schools in earlier. Sec. 304. Recovery of executive compensa- this country. So there was a lot of dis- It promotes partnerships between tion. cussion about postsecondary and so on. local businesses, regional industries, Sec. 305. Preferential compensation trans- But we have a real problem: Our high and other community stakeholders to fer. school graduation rate is way too low. create pathways for students through TITLE IV—OTHER PROVISIONS According to the U.S. Department of more internships, service opportuni- Sec. 401. Union proof of claim. Education, 81 percent of high school ties, and so on. Sec. 402. Exception from automatic stay. dropouts say real-world learning oppor- I believe this legislation is urgently SEC. 2. FINDINGS. tunities would have kept them in needed, and we have to move forward The Congress finds the following: school. That is interesting. The aver- with it. If we do, we are going to be (1) Business bankruptcies have increased sharply in recent years and remain at high age high school graduation rate is now able to provide more opportunity for our young people and more jobs in this levels. These bankruptcies include several of about 80 percent—way too low. In fact, the largest business bankruptcy filings in it is closer to 50 percent in some of our country because we will be filling that history. As the use of bankruptcy has ex- great cities and in some of our poorer skills gap and we will be able to have panded, job preservation and retirement se- rural areas. But even 80 percent is the more young people who will able to curity are placed at greater risk. average—way too low for high school have this experience, such as these two (2) Laws enacted to improve recoveries for graduation. young men I met earlier this week, employees and retirees and limit their losses But what they say is they would have where they are able to go out on their in bankruptcy cases have not kept pace with the increasing and broader use of bankruptcy been more likely to stay in school if own, get a good job, good benefits, help themselves and their family, and help by businesses in all sectors of the economy. they had real-world learning opportu- However, while protections for employees nities. That is why the graduation create a stronger economy for all of us. and retirees in bankruptcy cases have erod- rates for kids involved in CTE— I thank my colleague from Virginia ed, management compensation plans devised The PRESIDING OFFICER. The Sen- for his hard work on this legislation, for those in charge of troubled businesses ator’s time has expired. and I look forward to working with have become more prevalent and are escap- Mr. PORTMAN. I would ask unani- him toward its passage. ing adequate scrutiny. mous consent for 2 additional minutes. (3) Changes in the law regarding these mat- The PRESIDING OFFICER. Without By Mr. DURBIN (for himself, Mr. ters are urgently needed as bankruptcy is objection, it is so ordered. HARKIN, Mr. WHITEHOUSE, Mr. used to address increasingly more complex and diverse conditions affecting troubled Mr. PORTMAN. For kids in CTE con- BROWN, and Mr. FRANKEN): S. 2589. A bill to amend title 11, businesses and industries. centrations, it is a 90-percent gradua- United States Code, to improve protec- TITLE I—IMPROVING RECOVERIES FOR tion rate. That is because they are get- tions for employees and retirees in EMPLOYEES AND RETIREES ting that real-world experience. So I business bankruptcies; to the Com- SEC. 101. INCREASED WAGE PRIORITY. think a good place to start, again, is mittee on the Judiciary. Section 507(a) of title 11, United States with this legislation we are intro- Mr. DURBIN. Mr. President, I ask Code, is amended— ducing today. This is legislation that unanimous consent that the text of the (1) in paragraph (4)— begins with reforms to the Carl D. Per- bill be printed in the RECORD. (A) by striking ‘‘$10,000’’ and inserting kins Career and Technical Education There being no objection, the text of ‘‘$20,000’’; Act. It needs to be reauthorized. The the bill was ordered to be printed in (B) by striking ‘‘within 180 days’’; and reauthorization ought to include these (C) by striking ‘‘or the date of the ces- the RECORD, as follows: sation of the debtor’s business, whichever oc- reforms that Senator KAINE and I have S. 2589 talked about. curs first,’’; Be it enacted by the Senate and House of Rep- (2) in paragraph (5)(A), by striking— This is the major source of Federal resentatives of the United States of America in (A) ‘‘within 180 days’’; and support for the development of CTE Congress assembled, (B) ‘‘or the date of the cessation of the skills. It was last reauthorized in 2006. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. debtor’s business, whichever occurs first’’; So it has to be modernized to meet the (a) SHORT TITLE.—This Act may be cited as and demands of this workforce today to en- the ‘‘Protecting Employees and Retirees in (3) in paragraph (5), by striking subpara- sure that students have access to these Business Bankruptcies Act of 2014’’. graph (B) and inserting the following: programs. (b) TABLE OF CONTENTS.—The table of con- ‘‘(B) for each such plan, to the extent of It does a few different things. Sen- tents of this Act is as follows: the number of employees covered by each Sec. 1. Short title; table of contents. such plan, multiplied by $20,000.’’. ator KAINE has talked about it. It re- Sec. 2. Findings. quires a more rigorous CTE cur- SEC. 102. CLAIM FOR STOCK VALUE LOSSES IN TITLE I—IMPROVING RECOVERIES FOR DEFINED CONTRIBUTION PLANS. riculum, requiring Perkins grant par- EMPLOYEES AND RETIREES Section 101(5) of title 11, United States ticipants to incorporate key elements Sec. 101. Increased wage priority. Code, is amended— into the programs; that is, things such Sec. 102. Claim for stock value losses in de- (1) in subparagraph (A), by striking ‘‘or’’ at as academic and technical skill assess- fined contribution plans. the end;

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4411 (2) in subparagraph (B), by striking the pe- pay or damages attributable to any period of savings devised for the reorganization of the riod at the end and inserting ‘‘; or’’; and time occurring after the date of commence- debtor, including savings in management (3) by adding at the end the following: ment of the case under this title, as a result personnel costs; ‘‘(C) right or interest in equity securities of a violation of Federal or State law by the ‘‘(B) shall be limited to modifications de- of the debtor, or an affiliate of the debtor, debtor, without regard to the time of the oc- signed to achieve a specified aggregate finan- held in a defined contribution plan (within currence of unlawful conduct on which the cial contribution for the employees covered the meaning of section 3(34) of the Employee award is based or to whether any services by the agreement (taking into consideration Retirement Income Security Act of 1974 (29 were rendered on or after the commencement any labor cost savings negotiated within the U.S.C. 1002(34))) for the benefit of an indi- of the case, including an award by a court 12-month period before the filing of the peti- vidual who is not an insider, a senior execu- under section 2901 of title 29, United States tion), and shall be not more than the min- tive officer, or any of the 20 next most highly Code, of up to 60 days’ pay and benefits fol- imum savings essential to permit the debtor compensated employees of the debtor (if 1 or lowing a layoff that occurred or commenced to exit bankruptcy, such that confirmation more are not insiders), if such securities at a time when such award period includes a of a plan of reorganization is not likely to be were attributable to either employer con- period on or after the commencement of the followed by the liquidation, or the need for tributions by the debtor or an affiliate of the case, if the court determines that payment further financial reorganization, of the debt- debtor, or elective deferrals (within the of wages and benefits by reason of the oper- or (or any successor to the debtor) in the meaning of section 402(g) of the Internal ation of this clause will not substantially in- short term; and Revenue Code of 1986), and any earnings crease the probability of layoff or termi- ‘‘(C) shall not be disproportionate or overly thereon, if an employer or plan sponsor who nation of current employees or of non- burden the employees covered by the agree- has commenced a case under this title has payment of domestic support obligations ment, either in the amount of the cost sav- committed fraud with respect to such plan or during the case under this title;’’. ings sought from such employees or the na- has otherwise breached a duty to the partici- TITLE II—REDUCING EMPLOYEES’ AND ture of the modifications. pant that has proximately caused the loss of RETIREES’ LOSSES ‘‘(d)(1) If, after a period of negotiations, value.’’. the trustee and the labor organization have SEC. 201. REJECTION OF COLLECTIVE BAR- not reached an agreement over mutually sat- SEC. 103. PRIORITY FOR SEVERANCE PAY. GAINING AGREEMENTS. isfactory modifications, and further negotia- Section 503(b) of title 11, United States Section 1113 of title 11, United States Code, Code, is amended— tions are not likely to produce mutually sat- is amended by striking subsections (a) isfactory modifications, the trustee may file (1) in paragraph (8), by striking ‘‘and’’ at through (f) and inserting the following: the end; a motion seeking rejection of the collective ‘‘(a) The debtor in possession, or the trust- bargaining agreement after notice and a (2) in paragraph (9), by striking the period ee if one has been appointed under this chap- and inserting a semicolon; and hearing. Absent agreement of the parties, no ter, other than a trustee in a case covered by such hearing shall be held before the expira- (3) by adding at the end the following: subchapter IV of this chapter and by title I ‘‘(10) severance pay owed to employees of tion of the 21-day period beginning on the of the Railway Labor Act, may reject a col- date on which notice of the hearing is pro- the debtor (other than to an insider, other lective bargaining agreement only in accord- senior management, or a consultant retained vided to the labor organization representing ance with this section. In this section, a ref- the employees covered by the agreement. to provide services to the debtor), under a erence to the trustee includes the debtor in Only the debtor and the labor organization plan, program, or policy generally applicable possession. may appear and be heard at such hearing. An to employees of the debtor (but not under an ‘‘(b) No provision of this title shall be con- application for rejection shall seek rejection individual contract of employment), or owed strued to permit the trustee to unilaterally effective upon the entry of an order granting pursuant to a collective bargaining agree- terminate or alter any provision of a collec- the relief. ment, for layoff or termination on or after tive bargaining agreement before complying ‘‘(2) In consideration of Federal policy en- the date of the filing of the petition, which with this section. The trustee shall timely couraging the practice and process of collec- pay shall be deemed earned in full upon such pay all monetary obligations arising under tive bargaining and in recognition of the bar- layoff or termination of employment; and’’. the terms of the collective bargaining agree- gained-for expectations of the employees SEC. 104. FINANCIAL RETURNS FOR EMPLOYEES ment. Any such payment required to be covered by the agreement, the court may AND RETIREES. made before a plan confirmed under section grant a motion seeking rejection of a collec- Section 1129(a) of title 11, United States 1129 is effective has the status of an allowed tive bargaining agreement only if, based on Code is amended— administrative expense under section 503. clear and convincing evidence— (1) by adding at the end the following: ‘‘(c)(1) If the trustee seeks modification of ‘‘(A) the court finds that the trustee has ‘‘(17) The plan provides for recovery of a collective bargaining agreement, the trust- complied with the requirements of sub- damages payable for the rejection of a col- ee shall provide notice to the labor organiza- section (c); lective bargaining agreement, or for other fi- tion representing the employees covered by ‘‘(B) the court has considered alternative nancial returns as negotiated by the debtor the agreement that modifications are being proposals by the labor organization and has and the authorized representative under sec- proposed under this section, and shall concluded that such proposals do not meet tion 1113 (to the extent that such returns are promptly provide an initial proposal for the requirements of paragraph (3)(B) of sub- paid under, rather than outside of, a plan).’’; modifications to the agreement. Thereafter, section (c); and the trustee shall confer in good faith with ‘‘(C) the court finds that further negotia- (2) by striking paragraph (13) and inserting the labor organization, at reasonable times tions regarding the trustee’s proposal or an the following: and for a reasonable period in light of the alternative proposal by the labor organiza- ‘‘(13) With respect to retiree benefits, as complexity of the case, in attempting to tion are not likely to produce an agreement; that term is defined in section 1114(a), the reach mutually acceptable modifications of ‘‘(D) the court finds that implementation plan— such agreement. of the trustee’s proposal shall not— ‘‘(A) provides for the continuation after its ‘‘(2) The initial proposal and subsequent ‘‘(i) cause a material diminution in the effective date of payment of all retiree bene- proposals by the trustee for modification of purchasing power of the employees covered fits at the level established pursuant to sub- a collective bargaining agreement shall be by the agreement; section (e)(1)(B) or (g) of section 1114 at any based upon a business plan for the reorga- ‘‘(ii) adversely affect the ability of the time before the date of confirmation of the nization of the debtor, and shall reflect the debtor to retain an experienced and qualified plan, for the duration of the period for which most complete and reliable information workforce; or the debtor has obligated itself to provide available. The trustee shall provide to the ‘‘(iii) impair the debtor’s labor relations such benefits, or if no modifications are labor organization all information that is such that the ability to achieve a feasible re- made before confirmation of the plan, the relevant for negotiations. The court may organization would be compromised; and continuation of all such retiree benefits enter a protective order to prevent the dis- ‘‘(E) the court concludes that rejection of maintained or established in whole or in part closure of information if disclosure could the agreement and immediate implementa- by the debtor before the date of the filing of compromise the debtor’s position with re- tion of the trustee’s proposal is essential to the petition; and spect to its competitors in the industry, sub- permit the debtor to exit bankruptcy, such ‘‘(B) provides for recovery of claims arising ject to the needs of the labor organization to that confirmation of a plan of reorganization from the modification of retiree benefits or evaluate the trustee’s proposals and any ap- is not likely to be followed by liquidation, or for other financial returns, as negotiated by plication for rejection of the agreement or the need for further financial reorganization, the debtor and the authorized representative for interim relief pursuant to this section. of the debtor (or any successor to the debtor) (to the extent that such returns are paid ‘‘(3) In consideration of Federal policy en- in the short term. under, rather than outside of, a plan).’’. couraging the practice and process of collec- ‘‘(3) If the trustee has implemented a pro- SEC. 105. PRIORITY FOR WARN ACT DAMAGES. tive bargaining and in recognition of the bar- gram of incentive pay, bonuses, or other fi- Section 503(b)(1)(A)(ii) of title 11, United gained-for expectations of the employees nancial returns for insiders, senior executive States Code is amended to read as follows: covered by the agreement, modifications officers, or the 20 next most highly com- ‘‘(ii) wages and benefits awarded pursuant proposed by the trustee— pensated employees or consultants providing to a judicial proceeding or a proceeding of ‘‘(A) shall be proposed only as part of a services to the debtor during the bank- the National Labor Relations Board as back program of workforce and nonworkforce cost ruptcy, or such a program was implemented

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4412 CONGRESSIONAL RECORD — SENATE July 10, 2014 within 180 days before the date of the filing initial proposal. Thereafter, the trustee shall mentation of the trustee’s proposal is essen- of the petition, the court shall presume that confer in good faith with the authorized rep- tial to permit the debtor to exit bankruptcy, the trustee has failed to satisfy the require- resentative at reasonable times and for a such that confirmation of a plan of reorga- ments of subsection (c)(3)(C). reasonable period in light of the complexity nization is not likely to be followed by liq- ‘‘(4) In no case shall the court enter an of the case in attempting to reach mutually uidation, or the need for further financial re- order rejecting a collective bargaining agree- satisfactory modifications. organization, of the debtor (or a successor to ment that would result in modifications to a ‘‘(2) The initial proposal and subsequent the debtor) in the short term. level lower than the level proposed by the proposals by the trustee shall be based upon ‘‘(3) If a trustee has implemented a pro- trustee in the proposal found by the court to a business plan for the reorganization of the gram of incentive pay, bonuses, or other fi- have complied with the requirements of this debtor and shall reflect the most complete nancial returns for insiders, senior executive section. and reliable information available. The officers, or the 20 next most highly com- ‘‘(5) At any time after the date on which an trustee shall provide to the authorized rep- pensated employees or consultants providing order rejecting a collective bargaining agree- resentative all information that is relevant services to the debtor during the bank- ment is entered, or in the case of an agree- for the negotiations. The court may enter a ruptcy, or such a program was implemented ment entered into between the trustee and protective order to prevent the disclosure of within 180 days before the date of the filing the labor organization providing mutually information if disclosure could compromise of the petition, the court shall presume that satisfactory modifications, at any time after the debtor’s position with respect to its com- the trustee has failed to satisfy the require- such agreement has been entered into, the petitors in the industry, subject to the needs ments of subparagraph (f)(3)(C).’’; and labor organization may apply to the court of the authorized representative to evaluate (B) by striking ‘‘except that in no case’’ for an order seeking an increase in the level the trustee’s proposals and an application and inserting the following: of wages or benefits, or relief from working pursuant to subsection (g) or (h). ‘‘(3) Modifications proposed by the trust- ‘‘(4) In no case’’; and conditions, based upon changed cir- (5) by striking subsection (k) and redesig- cumstances. The court shall grant the re- ee— ‘‘(A) shall be proposed only as part of a nating subsections (l) and (m) as subsections quest only if the increase or other relief is (k) and (l), respectively. not inconsistent with the standard set forth program of workforce and nonworkforce cost in paragraph (2)(E). savings devised for the reorganization of the SEC. 203. PROTECTION OF EMPLOYEE BENEFITS IN A SALE OF ASSETS. ‘‘(e) During a period in which a collective debtor, including savings in management bargaining agreement at issue under this personnel costs; Section 363(b) of title 11, United States section continues in effect, and if essential ‘‘(B) shall be limited to modifications that Code, is amended by adding at the end the to the continuation of the debtor’s business are designed to achieve a specified aggregate following: or in order to avoid irreparable damage to financial contribution for the retiree group ‘‘(3) In approving a sale under this sub- the estate, the court, after notice and a hear- represented by the authorized representative section, the court shall consider the extent ing, may authorize the trustee to implement (taking into consideration any cost savings to which a bidder has offered to maintain ex- interim changes in the terms, conditions, implemented within the 12-month period be- isting jobs, preserve terms and conditions of wages, benefits, or work rules provided by fore the date of filing of the petition with re- employment, and assume or match pension the collective bargaining agreement. Any spect to the retiree group), and shall be no and retiree health benefit obligations in de- hearing under this subsection shall be sched- more than the minimum savings essential to termining whether an offer constitutes the uled in accordance with the needs of the permit the debtor to exit bankruptcy, such highest or best offer for such property.’’. trustee. The implementation of such interim that confirmation of a plan of reorganization SEC. 204. CLAIM FOR PENSION LOSSES. changes shall not render the application for is not likely to be followed by the liquida- Section 502 of title 11, United States Code, rejection moot. tion, or the need for further financial reorga- is amended by adding at the end the fol- ‘‘(f)(1) Rejection of a collective bargaining nization, of the debtor (or any successor to lowing: agreement constitutes a breach of the agree- the debtor) in the short term; and ‘‘(l) The court shall allow a claim asserted ment, and shall be effective no earlier than ‘‘(C) shall not be disproportionate or overly by an active or retired participant, or by a the entry of an order granting such relief. burden the retiree group, either in the labor organization representing such partici- ‘‘(2) Notwithstanding paragraph (1), solely amount of the cost savings sought from such pants, in a defined benefit plan terminated for purposes of determining and allowing a group or the nature of the modifications.’’; under section 4041 or 4042 of the Employee claim arising from the rejection of a collec- (4) in subsection (g)— Retirement Income Security Act of 1974, for tive bargaining agreement, rejection shall be (A) by striking ‘‘(g)’’ and all that follows any shortfall in pension benefits accrued as treated as rejection of an executory contract through the semicolon at the end of para- of the effective date of the termination of under section 365(g) and shall be allowed or graph (3) and inserting the following: such pension plan as a result of the termi- disallowed in accordance with section ‘‘(g)(1) If, after a period of negotiations, nation of the plan and limitations upon the 502(g)(1). No claim for rejection damages the trustee and the authorized representa- payment of benefits imposed pursuant to sec- shall be limited by section 502(b)(7). Eco- tive have not reached agreement over mutu- tion 4022 of such Act, notwithstanding any nomic self-help by a labor organization shall ally satisfactory modifications and further claim asserted and collected by the Pension negotiations are not likely to produce mutu- be permitted upon a court order granting a Benefit Guaranty Corporation with respect ally satisfactory modifications, the trustee motion to reject a collective bargaining to such termination. may file a motion seeking modifications in agreement under subsection (d) or pursuant ‘‘(m) The court shall allow a claim of a the payment of retiree benefits after notice to subsection (e), and no provision of this kind described in section 101(5)(C) by an ac- and a hearing. Absent agreement of the par- title or of any other provision of Federal or tive or retired participant in a defined con- ties, no such hearing shall be held before the State law may be construed to the contrary. tribution plan (within the meaning of sec- expiration of the 21-day period beginning on ‘‘(g) The trustee shall provide for the rea- tion 3(34) of the Employee Retirement In- the date on which notice of the hearing is sonable fees and costs incurred by a labor or- come Security Act of 1974 (29 U.S.C. provided to the authorized representative. ganization under this section, upon request 1002(34))), or by a labor organization rep- Only the debtor and the authorized rep- and after notice and a hearing. resenting such participants. The amount of ‘‘(h) A collective bargaining agreement resentative may appear and be heard at such such claim shall be measured by the market that is assumed shall be assumed in accord- hearing. value of the stock at the time of contribu- ance with section 365.’’. ‘‘(2) The court may grant a motion to mod- ify the payment of retiree benefits only if, tion to, or purchase by, the plan and the SEC. 202. PAYMENT OF INSURANCE BENEFITS TO value as of the commencement of the case.’’. RETIRED EMPLOYEES. based on clear and convincing evidence— Section 1114 of title 11, United States Code, ‘‘(A) the court finds that the trustee has SEC. 205. PAYMENTS BY SECURED LENDER. is amended— complied with the requirements of sub- Section 506(c) of title 11, United States (1) in subsection (a), by inserting ‘‘, with- section (f); Code, is amended by adding at the end the out regard to whether the debtor asserts a ‘‘(B) the court has considered alternative following: ‘‘If employees have not received right to unilaterally modify such payments proposals by the authorized representative wages, accrued vacation, severance, or other under such plan, fund, or program’’ before and has determined that such proposals do benefits owed under the policies and prac- the period at the end; not meet the requirements of subsection tices of the debtor, or pursuant to the terms (2) in subsection (b)(2), by inserting after (f)(3)(B); of a collective bargaining agreement, for ‘‘section’’ the following: ‘‘, and a labor orga- ‘‘(C) the court finds that further negotia- services rendered on and after the date of the nization serving as the authorized represent- tions regarding the trustee’s proposal or an commencement of the case, such unpaid obli- ative under subsection (c)(1),’’; alternative proposal by the authorized rep- gations shall be deemed necessary costs and (3) by striking subsection (f) and inserting resentative are not likely to produce a mutu- expenses of preserving, or disposing of, prop- the following: ally satisfactory agreement; erty securing an allowed secured claim and ‘‘(f)(1) If a trustee seeks modification of re- ‘‘(D) the court finds that implementation shall be recovered even if the trustee has tiree benefits, the trustee shall provide a no- of the proposal shall not cause irreparable otherwise waived the provisions of this sub- tice to the authorized representative that harm to the affected retirees; and section under an agreement with the holder modifications are being proposed pursuant to ‘‘(E) the court concludes that an order of the allowed secured claim or a successor this section, and shall promptly provide an granting the motion and immediate imple- or predecessor in interest.’’.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4413 SEC. 206. PRESERVATION OF JOBS AND BENE- TITLE III—RESTRICTING EXECUTIVE ‘‘(q) No deferred compensation arrange- FITS. COMPENSATION PROGRAMS ment for the benefit of insiders, senior exec- Chapter 11 of title 11, United States Code, SEC. 301. EXECUTIVE COMPENSATION UPON EXIT utive officers, or any of the 20 next most is amended— FROM BANKRUPTCY. highly compensated employees of the debtor (1) by inserting before section 1101 the fol- Section 1129(a) of title 11, United States shall be assumed if a defined benefit plan for lowing: Code, is amended— employees of the debtor has been terminated pursuant to section 4041 or 4042 of the Em- ‘‘§ 1100. Statement of purpose (1) in paragraph (4), by adding at the end the following: ‘‘Except for compensation sub- ployee Retirement Income Security Act of ‘‘A debtor commencing a case under this ject to review under paragraph (5), payments 1974, on or after the date of the commence- chapter shall have as its principal purpose or other distributions under the plan to or ment of the case or within 180 days before the reorganization of its business to preserve for the benefit of insiders, senior executive the date of the commencement of the case. going concern value to the maximum extent officers, and any of the 20 next most highly ‘‘(r) No plan, fund, program, or contract to possible through the productive use of its as- compensated employees or consultants pro- provide retiree benefits for insiders, senior sets and the preservation of jobs that will viding services to the debtor, shall not be ap- executive officers, or any of the 20 next most sustain productive economic activity.’’; proved except as part of a program of pay- highly compensated employees of the debtor (2) in section 1129(a), as amended by sec- ments or distributions generally applicable shall be assumed if the debtor has obtained tion 104, by adding at the end the following: to employees of the debtor, and only to the relief under subsection (g) or (h) of section ‘‘(18) The debtor has demonstrated that the extent that the court determines that such 1114 to impose reductions in retiree benefits reorganization preserves going concern value payments are not excessive or dispropor- or under subsection (d) or (e) of section 1113 to the maximum extent possible through the tionate compared to distributions to the to impose reductions in the health benefits productive use of the debtor’s assets and pre- debtor’s nonmanagement workforce.’’; and of active employees of the debtor, or reduced serves jobs that sustain productive economic (2) in paragraph (5)— or eliminated health benefits for active or activity.’’; (A) in subparagraph (A)(ii), by striking retired employees within 180 days before the (3) in section 1129(c)— ‘‘and’’ at the end; date of the commencement of the case.’’. (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and (B) in subparagraph (B), by striking the pe- SEC. 304. RECOVERY OF EXECUTIVE COMPENSA- (B) by striking the last sentence and in- riod at the end and inserting ‘‘; and’’; and TION. serting the following: (C) by adding at the end the following: (a) IN GENERAL.—Subchapter III of chapter ‘‘(2) If the requirements of subsections (a) ‘‘(C) the compensation disclosed pursuant 5 of title 11, United States Code, is amended and (b) are met with respect to more than 1 to subparagraph (B) has been approved by, or by inserting after section 562 the following: plan, the court shall, in determining which is subject to the approval of, the court as ‘‘§ 563. Recovery of executive compensation plan to confirm— reasonable when compared to individuals ‘‘(a) If a debtor has obtained relief under ‘‘(A) consider the extent to which each holding comparable positions at comparable subsection (d) of section 1113, or subsection plan would preserve going concern value companies in the same industry and not dis- (g) of section 1114, by which the debtor re- through the productive use of the debtor’s proportionate in light of economic conces- duces the cost of its obligations under a col- assets and the preservation of jobs that sus- sions by the debtor’s nonmanagement work- lective bargaining agreement or a plan, fund, tain productive economic activity; and force during the case.’’. or program for retiree benefits as defined in ‘‘(B) confirm the plan that better serves SEC. 302. LIMITATIONS ON EXECUTIVE COM- section 1114(a), the court, in granting relief, such interests. PENSATION ENHANCEMENTS. shall determine the percentage diminution ‘‘(3) A plan that incorporates the terms of Section 503(c) of title 11, United States in the value of the obligations when com- a settlement with a labor organization rep- Code, is amended— pared to the debtor’s obligations under the resenting employees of the debtor shall pre- (1) in paragraph (1), in the matter pre- collective bargaining agreement, or with re- sumptively constitute the plan that satisfies ceding subparagraph (A)— spect to retiree benefits, as of the date of the this subsection.’’; and (A) by inserting ‘‘, a senior executive offi- commencement of the case under this title (4) in the table of sections, by inserting be- cer, or any of the 20 next most highly com- before granting such relief. In making its de- fore the item relating to section 1101 the fol- pensated employees or consultants’’ after termination, the court shall include reduc- lowing: ‘‘an insider’’; tions in benefits, if any, as a result of the (B) by inserting ‘‘or for the payment of termination pursuant to section 4041 or 4042 ‘‘1100. Statement of purpose.’’. performance or incentive compensation, or a of the Employee Retirement Income Secu- SEC. 207. TERMINATION OF EXCLUSIVITY. bonus of any kind, or other financial returns rity Act of 1974, of a defined benefit plan ad- Section 1121(d) of title 11, United States designed to replace or enhance incentive, ministered by the debtor, or for which the Code, is amended by adding at the end the stock, or other compensation in effect before debtor is a contributing employer, effective following: the date of the commencement of the case,’’ at any time on or after 180 days before the ‘‘(3) For purposes of this subsection, cause after ‘‘remain with the debtor’s business,’’; date of the commencement of a case under for reducing the 120-day period or the 180-day and this title. The court shall not take into ac- period includes the following: (C) by inserting ‘‘clear and convincing’’ be- count pension benefits paid or payable under ‘‘(A) The filing of a motion pursuant to fore ‘‘evidence in the record’’; and such Act as a result of any such termination. section 1113 seeking rejection of a collective (2) by amending paragraph (3) to read as ‘‘(b) If a defined benefit pension plan ad- bargaining agreement if a plan based upon follows: ministered by the debtor, or for which the an alternative proposal by the labor organi- ‘‘(3) other transfers or obligations, to or for debtor is a contributing employer, has been zation is reasonably likely to be confirmed the benefit of insiders, senior executive offi- terminated pursuant to section 4041 or 4042 of within a reasonable time. cers, managers, or consultants providing the Employee Retirement Income Security ‘‘(B) The proposed filing of a plan by a pro- services to the debtor, in the absence of a Act of 1974, effective at any time on or after ponent other than the debtor, which incor- finding by the court, based upon clear and 180 days before the date of the commence- porates the terms of a settlement with a convincing evidence, and without deference ment of a case under this title, but a debtor labor organization if such plan is reasonably to the debtor’s request for such payments, has not obtained relief under subsection (d) likely to be confirmed within a reasonable that such transfers or obligations are essen- of section 1113, or subsection (g) of section time.’’. tial to the survival of the debtor’s business 1114, the court, upon motion of a party in in- or (in the case of a liquidation of some or all terest, shall determine the percentage dimi- SEC. 208. CLAIM FOR WITHDRAWAL LIABILITY. of the debtor’s assets) essential to the or- nution in the value of benefit obligations Section 503(b) of title 11, United States derly liquidation and maximization of value when compared to the total benefit liabil- Code, as amended by section 103 of this Act, of the assets of the debtor, in either case, be- ities before such termination. The court is amended by adding at the end the fol- cause of the essential nature of the services shall not take into account pension benefits lowing: provided, and then only to the extent that paid or payable under title IV of the Em- ‘‘(11) with respect to withdrawal liability the court finds such transfers or obligations ployee Retirement Income Security Act of owed to a multiemployer pension plan for a are reasonable compared to individuals hold- 1974 as a result of any such termination. complete or partial withdrawal pursuant to ing comparable positions at comparable ‘‘(c) Upon the determination of the per- section 4201 of the Employee Retirement In- companies in the same industry and not dis- centage diminution in value under sub- come Security Act of 1974 (29 U.S.C. 1381) proportionate in light of economic conces- section (a) or (b), the estate shall have a where such withdrawal occurs on or after the sions by the debtor’s nonmanagement work- claim for the return of the same percentage commencement of the case, an amount equal force during the case.’’. of the compensation paid, directly or indi- to the amount of vested benefits payable SEC. 303. ASSUMPTION OF EXECUTIVE BENEFIT rectly (including any transfer to a self-set- from such pension plan that accrued as a re- PLANS. tled trust or similar device, or to a non- sult of employees’ services rendered to the Section 365 of title 11, United States Code, qualified deferred compensation plan under debtor during the period beginning on the is amended— section 409A(d)(1) of the Internal Revenue date of commencement of the case and end- (1) in subsection (a), by striking ‘‘and (d)’’ Code of 1986) to any officer of the debtor ing on the date of the withdrawal from the and inserting ‘‘(d), (q), and (r)’’; and serving as member of the board of directors plan.’’. (2) by adding at the end the following: of the debtor within the year before the date

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4414 CONGRESSIONAL RECORD — SENATE July 10, 2014 of the commencement of the case, and any By Mr. HOEVEN (for himself, Mr. off that gas. Right now, just in my individual serving as chairman or lead direc- MCCAIN, Ms. MURKOWSKI, and State alone, we flare $1.5 million a day tor of the board of directors at the time of Mr. BARRASSO): of natural gas—$1.5 million a day. That the granting of relief under section 1113 or S. 2592. A bill to promote energy pro- is natural gas that we need to capture, 1114 or, if no such relief has been granted, the termination of the defined benefit plan. duction and security, and for other that we need to get in gathering sys- ‘‘(d) The trustee or a committee appointed purposes; to the Committee on Energy tems, that we need to transport to pursuant to section 1102 may commence an and Natural Resources. markets, and we need markets for that action to recover such claims, except that if Mr. HOEVEN. We are here today to gas. This is just common sense. neither the trustee nor such committee com- talk about energy—energy for our How do we move gas from North Da- mences an action to recover such claim by country but also energy for our allies. kota to places such as Ukraine, where the first date set for the hearing on the con- This is a discussion not just about en- there is much need for a market? Well, firmation of plan under section 1129, any ergy, it is about jobs, good-paying jobs. we need both interstate and intrastate party in interest may apply to the court for authority to recover such claim for the ben- It is also about economic growth. It is pipeline systems. On this chart, you efit of the estate. The costs of recovery shall about generating tax revenues to help can see that the purple is the inter- be borne by the estate. reduce the debt and the deficit without state. That is how we move gas across ‘‘(e) The court shall not award postpetition raising taxes. It is about national secu- State lines. But we also need intrastate compensation under section 503(c) or other- rity—not only our national security gathering systems. A lot of oil wells wise to any person subject to subsection (c) but also working with our closest produce natural gas as a byproduct; if there is a reasonable likelihood that such friend and ally, Canada, as well as our other wells are just gas wells. But you compensation is intended to reimburse or re- allies in Europe, the European Union, place compensation recovered by the estate need gathering systems, the blue sys- under this section.’’. and working to help countries such as tems that go to all those wells so that (b) TECHNICAL AND CONFORMING AMEND- the Ukraine that very much need en- gas can be gathered, put in the inter- MENT.—The table of sections for chapter 5 of ergy supply from sources other than state system, and moved to markets— title 11, United States Code, is amended by Russia. markets throughout the United States inserting after the item relating to section With the current events going on in and markets overseas. 562 the following: the Ukraine, it is very clear that we As I said a minute ago, we produce 30 ‘‘563. Recovery of executive compensation.’’. need to play a long-term game, a long- trillion cubic feet a year, States such SEC. 305. PREFERENTIAL COMPENSATION TRANS- term strategy—deploy a long-term as North Dakota, Wyoming, and many FER. strategy when it comes to helping our others. That number is growing. We Section 547 of title 11, United States Code, is amended by adding at the end the fol- allies, not only in terms of our na- produce 30 trillion cubic feet a year, lowing: tional security but working with our but we only consume 26 trillion, so we ‘‘(j)(1) The trustee may avoid a transfer— allies to make them stronger, their are flaring off that gas. ‘‘(A) made— strength, their national security. The We need markets. As we work to ‘‘(i) to or for the benefit of an insider (in- national security of allies also contrib- build those gathering systems and cluding an obligation incurred for the ben- utes to our strength and our security those interstate pipelines, how do we efit of an insider under an employment con- here at home. So that is what we are get markets? Well, we move that prod- tract) made in anticipation of bankruptcy; uct to overseas as liquefied natural or here to talk about. We are here to talk ‘‘(ii) in anticipation of bankruptcy to a about the North Atlantic Energy Secu- gas, LNG. It is cooled and condensed, consultant who is formerly an insider and rity Act, legislation we are introducing put on ships, and moved to other mar- who is retained to provide services to an en- today—myself, Senator BARRASSO, Sen- kets—the European Union, Ukraine, tity that becomes a debtor (including an ob- ator MCCAIN, and Senator MURKOWSKI. Japan—by ship. But we need the LNG ligation under a contract to provide services I am going to take a few minutes to facilities to do it. We do not have to such entity or to a debtor); and talk about energy production, trans- them. So that is a problem, right? ‘‘(B) made or incurred on or within 1 year portation, and export in terms of build- Well, it is, except we have many com- before the filing of the petition. ‘‘(2) No provision of subsection (c) shall ing our energy future in this country panies that are not only ready and constitute a defense against the recovery of and working with our allies. Senator willing but anxious to build the facili- a transfer described in paragraph (1). BARRASSO is here, and he will be talk- ties. Here are 16 right here, 16 applica- ‘‘(3) The trustee or a committee appointed ing about the specific legislation. Sen- tions. pursuant to section 1102 may commence an ator MCCAIN will join us as well to talk Of the 26 applications that are pend- action to recover such transfer, except that, about the national security issues and ing, many of them have been pending if neither the trustee nor such committee implications. for over a year waiting to get approval commences an action to recover such trans- I will start with the first chart. from the Department of Energy and fer by the time of the commencement of a hearing on the confirmation of a plan under Very simply, what we want to do is from the FERC. So here we are flaring section 1129, any party in interest may apply continue to produce more energy in our off natural gas, as I showed a minute to the court for authority to recover the Nation, in the heartland of our Nation ago—$1.5 million a day in my State— claims for the benefit of the estate. The and throughout our country. We want flaring it off because we produce more costs of recovery shall be borne by the es- to transport that increased production than we consume. We need markets. tate.’’. to market. That includes not only mar- These applications are just sitting TITLE IV—OTHER PROVISIONS kets domestically but also markets there and have been for more than a SEC. 401. UNION PROOF OF CLAIM. where we can export it to our friends year. Section 501(a) of title 11, United States and allies in the European Union, to If they get approved, what happens? Code, is amended by inserting ‘‘, including a the Ukraine, and to Japan. That is the Let’s take an example. Here is one by labor organization,’’ after ‘‘A creditor’’. simple equation we are working on. a company everybody has heard of— SEC. 402. EXCEPTION FROM AUTOMATIC STAY. Again, it is about energy. It is about Exxon. Exxon has an application. As Section 362(b) of title 11, United States jobs. It is about a growing economy. It you can see here, they have had an ap- Code, is amended— (1) in paragraph (27), by striking ‘‘and’’ at is very much about national security. plication in for over a year waiting to the end; That gas is produced throughout our get approved at Sabine Pass, TX, which (2) in paragraph (28), by striking the period country, more and more all the time. is right down in that gulf area. They at the end and inserting ‘‘; and’’; and Right now we produce 30 trillion cubic are ready, willing, and able to spend $10 (3) by adding at the end the following: feet of natural gas a year. We only use billion right now, today, to build that ‘‘(29) of the commencement or continu- 26 trillion cubic feet of natural gas a facility. ation of a grievance, arbitration, or similar year, so we are already producing more Where are they going to move the dispute resolution proceeding established by than we consume, and that number is gas? They are going to move it to the a collective bargaining agreement that was United Kingdom so it can go right into or could have been commenced against the growing. debtor before the filing of a case under this What happens when you produce the European system. We will touch on title, or the payment or enforcement of an more than you consume and you do not that European system and how it gets award or settlement under such pro- have a market for that gas? In places to places such as the Ukraine in a ceeding.’’. such as North Dakota, we are flaring minute. But if they can get approval—

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4415 I have already talked to their CEO, Mr. security of our country and our allies, floor—and I might just say I don’t Rex Tillerson. He indicates that within and it is about having a long-term claim to be an expert on energy as my 36 to 40 months of approval, they can strategy that works, not going from two colleagues are—but I will say the be moving gas into the European mar- crisis to crisis. presentation the Senator from North kets. Does that sound realistic? It cer- With that, I turn to my colleague, Dakota just made should be under- tainly does. Obviously that is a very the senior Senator from Arizona, to standable and I believe is understand- large company with the capabilities to comment on some of the national secu- able to every American citizen how we do what they say they are willing and rity implications. can, within 3 years as I understand it, want to do. Mr. MCCAIN. I ask unanimous con- achieve a level of energy independence Here is another example. Here is sent the colloquy between the three of and that for Europe that could literally Cheniere. Same place—Sabine Pass. us be allowed. change the entire equation in Europe This is one that did get approved. This The PRESIDING OFFICER. Without and in the United States. is one that did get approval. They in- objection. Mr. BARRASSO. My friend and col- tend to be delivering gas into the Euro- Mr. MCCAIN. I thank my two col- league from Arizona is absolutely pean market by the middle of next leagues from North Dakota and Wyo- right. The three of us have traveled to- year—middle of next year. So this is ming. There are no two Members of the gether to Ukraine. We have traveled not something that is going to take Senate who know more and have together to Latvia and Lithuania. forever to happen. worked harder on this energy issue. What we hear everywhere we go is: We not only have the fact that we There are no two Senators who have Please sell us natural gas. Please sell can start moving natural gas over here worked harder to try to bring to the us energy. Please help us undermine in a very reasonable amount of time, American people the fact that if we what Putin is doing to us. but think of the impact on the markets could export energy to these countries, Energy should be used as a geo- in Europe and the impact on Russia it could literally change the world. political weapon, and it is the advances and gas prices when they know it is This is not only when it actually ar- in technology in just the last decade coming. rives, but when Vladimir Putin gets that have made all of this possible. The I am going to ask Senator MCCAIN to the message, within 3 years—as I un- Senators from Arizona and North Da- step in here. I mentioned a minute ago derstand the Senator from North Dako- kota are both correct. We are pro- that application I showed you that is ta’s context—we could be sending en- ducing more now than ever. They are pending from Exxon. They want to ergy to the living rooms. well aware of that throughout Europe move that natural gas to market right If you would put the numbers back and throughout the Baltics—to the here in the UK. up with the countries and their depend- point that Lithuania is even in the What this chart shows is the pipeline ence on Russian energy. middle of acquiring an at-sea platform network throughout Europe that will Within 3 years the people within Lat- to change liquefied natural gas into enable them to move that product via, Estonia, members of NATO, would natural gas—to warm it up, if you will, throughout Europe and even into East- no longer be reliant—and it gets very for use—and it is called the Independ- ern Europe, including places such as cold up in those Baltic countries as ence. That is the name of this plat- Ukraine. well. It can have a significant effect on form. It is to give them independence Right now where is all that gas com- the entire world. from Russia. ing from? Russia, Gazprom. All these I would also point out if that en- That is what they are investing in, pipelines are coming down from Russia ergy—and I would ask my colleagues and now they are saying to us: Please and providing that gas to the European from Wyoming or North Dakota—could send it our way. countries, to the European Union, and get to the living room of Kiev—which The technology has changed so much to the Ukraine. Of course, that makes the Senator showed the different pipe- that in 2005 a book came out called them dependent on Russia and that en- lines that cross Ukraine—that has a ‘‘Beyond Oil,’’ and it was sent to every ables Russia to engage in the kind of huge effect. University of Wyoming first-year stu- activity we have seen and we can’t al- I would ask my friend from Wyoming dent coming in. They were invited to ways be reacting short term. We need a to comment. read it, and there was a whole section long-term strategy to break that hold. We have threatened Russians time on liquefied natural gas. Here are some of the numbers. This after time after they absorbed Crimea At the time the technology wasn’t shows not only Ukraine but look at the in violation of an agreement they made developed enough for us to be so impact on other NATO countries, Lith- in Budapest to respect the territorial blessed in the United States to produce uania, Estonia, Latvia, 100 percent of integrity of Ukraine. They absorbed it, so that they were talking about ac- their gas coming from Russia. Think of Crimea. They continue to provoke un- tually building terminals in Louisiana, the leverage that gives Russia in this rest in Eastern Ukraine. Texas, to import liquefied natural gas situation. They have been threatened time after from other places. The last chart is the North Atlantic time by the United States and Europe, Now we have reversed it. We are now Energy Security Act. Quite simply, we and I would argue that the handful of in a position where we have such an are going to cut the redtape that is sanctions on individuals has had very abundance of liquefied natural gas, as holding up production and infrastruc- little effect whatsoever on Russian be- my colleague from North Dakota said, ture, we are going to reduce flaring, havior. we are flaring it off, burning it to the and we are going to expedite LNG to I ask the Senator from Wyoming as point of $1.5 million a day. That is the our friends and allies, to countries such well, this is not only about the fact value of that gas, and there is also tax as the European Union, to Ukraine, to that the United States of America revenue that is not being collected be- Japan. We reduce the redtape that is would be an energy exporter—which is cause this isn’t being sold, so our holding up production. We are pro- a huge effect on our economy—but this States could use the revenue. The Fed- ducing 30 trillion cubic feet of natural could have a huge effect on the entire eral Government would benefit from us gas, and we can produce a lot more, but European Continent, because if Vladi- selling this rather than burning it, but we have to cut through the redtape. We mir Putin understands that this energy yet we don’t have the opportunity to also enhance and expand our ability to is coming from a friend of the ally of do so because of the specifics of the build the gathering systems that move the United States America, as opposed laws with which we are faced. that natural gas to market, and we to them being dependent on Russian oil We need to change the law. We need allow export. and energy, I would argue that it could to be able to export. We need to be able We have an expedited process so we change the entire shape of the world as to have permits to export, and we are can export that gas to the markets we we know it. seeing a lot of foot-dragging by this ad- need, to our friends, and to our allies. I thank both of the Senators who ministration, which is why there are Again, this is about energy, but it is have been involved in this issue for bills on this floor, bipartisan pieces of about creating jobs, it is about growing many years. I don’t know how many legislation, to help us use our energy our economy, it is about the national times both Senators have come to the abundance as a geopolitical weapon to

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4416 CONGRESSIONAL RECORD — SENATE July 10, 2014 undermine Vladimir Putin’s ability to does it require to capture that and we streamline and expedite the process use energy as a weapon of his own, a then get it to that port where it is to get wells approved. That is the first club against, as we have said, Ukraine, going to be exported? area of legislation that increases our Moldova, Latvia, Lithuania, Estonia— I would finally say I intend to go production onshore. We can do it off- all of these areas that are so dependent every place I can in America in the shore as well. But we are talking about upon Russia for their gas, when they next few months and give the same more production. As I say, we are al- would rather buy it from us. presentation the Senator from North ready producing more than we con- It would be an opportunity for us in Dakota did and help the American peo- sume. America to become a net exporter in a ple understand that we don’t have to do Second, it is about building those way that would help balance our trade a lot. gathering systems. It requires permits and balance our payments. It would The energy is there. The question is, and approvals to build gathering sys- bring cash back into the United States Do we have the national will and legis- tems, so we are not able to build those and we would be so much less depend- lative will to take the action necessary gathering systems. If you can’t build a ent on the Middle East for sources of to get that energy to the people who gathering system, what happens? You energy. We should be relying on that at need it so badly, who are literally burn off the gas because you can’t get home. under the threat of freezing cold this it to market. So that process is being I look to my colleague from Arizona coming winter? held up. Again, it is about cutting and say he is absolutely right in his Mr. HOEVEN. I thank the Senator through the redtape, reducing the regu- leadership, in his direction, and in his from Arizona for his comments, his lation and bureaucracy. It doesn’t cost global view that he has seen in his in- leadership, and for his willingness to anything. credible service to our country. He has work on this vitally important issue. The final piece, the same thing—get- seen the shift. He has seen the future, In terms of responding to his ques- ting approval to export LNG. Right and he knows the future success for our tion: OK. What needs to happen—I wish now there is one that has final ap- country comes in exporting liquefied to take a minute to give an overview of proval from the DOE and FERC. There natural gas to Europe, to our NATO al- the legislation and then ask the Sen- are 26 applications pending. One has lies, to Ukraine. ator from Wyoming to comment in final approval from the DOE—Depart- That is why we bring to the floor more detail. ment of Energy—and the FERC. Six today the North Atlantic Energy Secu- As I said at the outset, and I actually have conditional approval and 26 are rity Act, which we believe will help our have said several times, this is about pending. It is as simple as getting the country, help globally, and help us not more energy, it is about job creation, it approvals and cutting through that just economically but help us geo- is about growing the economy, and it is redtape. This is not about spending politically as well. about national security. taxpayer dollars; it is about generating I turn to my friends from either Ari- It is also very much about environ- revenues. zona or North Dakota to continue in mental benefits. I showed you gas Mr. MCCAIN. If I could ask the Sen- this discussion, and then I will get being flared off a well. This gas is just ator from North Dakota one additional back to some specific things that are being flared. question, and maybe the Senator from happening around the world. Not only is that wasting a natural re- Wyoming would comment on it too. Mr. MCCAIN. I say to both of my col- source which we can capture and get What about the environmental aspects leagues, the Senator from North Da- value for, but when we capture that, we of using natural gas as opposed to kota, Americans understand, I believe, also create environmental benefits. other forms of energy, whether it be that we need to do what we can to help Nationally, we flare or vent, burn off, coal or oil or other forms of energy? our European friends become inde- 212 billion cubic feet of gas a year—212 Mr. HOEVEN. I would respond briefly pendent of Vladimir Putin as a source billion cubic feet of gas a year now to the Senator from Arizona and then of energy. being burned off. turn to the Senator from Wyoming on They also are beginning to under- Mr. MCCAIN. Which is roughly how that issue as well for more detail on stand the United States of America is much money? the legislation. He has tremendous ex- going to be an exporter of energy, Mr. HOEVEN. Oh, boy. To convert it, pertise in this area and has been work- which will obviously change our de- it is billions, right, it is in the billions ing on it for a long time. pendence on Middle Eastern energy and of dollars. I don’t have the exact num- Clearly, it is a double win because on other forms of energy, but the way ber, but it is a huge amount. It is $1.5 not only are we no longer burning off the Senator from North Dakota de- million a day in my State alone so the or flaring that natural gas, but we are scribed this, I think every American, if Senator can see we are talking billions using natural gas, which is a very clean they saw it, would ask: Why don’t we of dollars. There are also tremendous resource, for a whole range of energy move in that direction? Why don’t we environmental benefits as well. uses, whether it is powering homes or believe the major energy companies But let’s go to the legislation for a many other uses. So it is a huge envi- that say within 3 years—and beginning, minute because I think this is respon- ronmental win. I understand, next year with some of sive to the question asked by the Sen- Mr. MCCAIN. So I would think the them—we could be supplying these ator from Arizona about: OK. How do EPA would be out there in front argu- countries with energy which would we make it happen? ing for this legislation. then give them not only the ability to The reality is we are producing the Mr. HOEVEN. Absolutely an environ- have energy without dependency, but it energy now, we can produce more, and mental win. also sends a huge message to Vladimir this doesn’t cost taxpayer money. Mr. BARRASSO. It is interesting. Putin and to Europe that they are no This creates revenues without raising The Senator from South Dakota, the longer dependent on his largesse. There taxes. This is going to create revenues Senator from Arizona, and I were re- have been times in the past where to help address the debt and the deficit. viewing this article in today’s Wall Vladimir Putin has shut off the energy This is enabling and empowering the Street Journal, Thursday, July 10. in the wintertime, and it gets very cold private companies to make invest- The headline is ‘‘In the Arctic, Ship- in some of these countries in the win- ments to create jobs, make invest- ping Route Is Set to Supply LNG to tertime. ments to produce the energy. Asia,’’ and there is a map of the globe. It might also send a message to Going back to this chart, Exxon It says: Vladimir Putin himself that he is not wants to invest $10 billion today, cre- Shipping companies in China and Japan going to get away with the kind of be- ating thousands of jobs and a tremen- said they would start a regular service to havior that he has. dous amount of revenue for the Federal carry Siberian natural gas across the Arctic I would ask the Senator from North Government to reduce the deficit and Ocean to East Asia, showing how Asian de- Dakota, what does it require—suppose debt. It doesn’t cost a penny. That is mand for the fuel is reshaping global ship- I am just an average citizen—to cap- not what it is about. It is about ping routes. ture that natural gas that is being streamlining the regulation, cutting So with the forces at play—Asia’s de- burned for $1 million-plus a day? What the redtape. That means making sure mand for natural gas, Japan’s move

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4417 away from nuclear power, China’s CARDIN, Mr. CRAPO, Mr. CHAMBLISS, Mr. Whereas the American Motorcyclist Asso- struggle with pollution—this is an op- ROBERTS, Mr. CASEY, Mr. WICKER, Mr. ciation’s headquarters in Pickerington, Ohio, portunity for us to use a resource we COATS, Mrs. SHAHEEN, Mr. TESTER, Mr. is home to the American Motorcyclist Asso- ciation Motorcycle Hall of Fame, which hon- have in the United States and export it KAINE, Mr. LEE, and Mr. BEGICH) sub- ors those who have contributed to the his- in a very profitable way for our coun- mitted the following resolution; which tory of motorcycling through political activ- try, put people to work, increase tax was referred to the Committee on For- ism, culture, and sport, and which preserves revenues to the States, increase tax eign Relations: the heritage of motorcycling for future gen- revenues to the Nation, and improve S. RES. 498 erations: Now, therefore, be it our balance of trade. The technology is Whereas Hamas is a United States-des- Resolved, That the Senate congratulates now allowing us to do it, but the gov- ignated terrorist organization whose charter the American Motorcyclist Association on ernment is not. That is the biggest calls for the destruction of the State of its 90th Anniversary and commends it for problem we have—a bureaucratic Fed- Israel; promoting and protecting the rights and in- Whereas Hamas continues to reject the terests of motorcyclists and motorcycle en- eral Government that is not allowing thusiasts since 1924. what we have and what we have core principles of the Middle East Quartet learned to use. The government is (the United Nations, the United States, the f European Union, and Russia)—recognize SENATE RESOLUTION 500—EX- blocking it, and that is why we have Israel’s right to exist, renounce violence, and come to the floor today to try to en- accept previous Israeli-Palestinian agree- PRESSING THE SENSE OF THE courage additional exports to Europe ments; SENATE WITH RESPECT TO EN- and support the North Atlantic Energy Whereas Hamas has killed hundreds of HANCED RELATIONS WITH THE Security Act. Israelis and dozens of Americans in rocket REPUBLIC OF MOLDOVA AND Mr. HOEVEN. Madam President, I attacks and suicide bombings; SUPPORT FOR THE REPUBLIC OF turn to the good Senator from Arizona Whereas, since Israel’s withdrawal from MOLDOVA’S TERRITORIAL IN- for any final comments. Seeing that he Gaza in 2005, Hamas and other terrorist TEGRITY groups have fired thousands of rockets at doesn’t have any, I thank him. Israel; Mrs. SHAHEEN (for herself, Mr. I also thank the good Senator from Whereas Hamas has entered into a unity RUBIO, Mr. MENENDEZ, Mr. MCCAIN, and Wyoming and ask if there are any final governing arrangement with Fatah and the Mr. MURPHY) submitted the following comments he might have on the legis- Palestinian Authority; resolution; which was referred to the lation. He has been an author of much Whereas the unity governing agreement Committee on Foreign Relations: of this legislation. I thank him for that implies Fatah’s and the Palestinian S. RES. 500 tremendous work and for being part of Authority’s support for Hamas’ belligerent Whereas the United States has enjoyed this effort. actions against Israel, potentially contrib- uting to a false perception of legitimacy for warm relations with the Republic of Moldova Mr. BARRASSO. The legislation is Hamas’ belligerent actions; since the Republic of Moldova’s independ- bipartisan. We have Republicans and Whereas, since June 2014, Hamas has fired ence in 1991; Democrats alike who realize there are nearly 300 rockets at Israel; Whereas, since the Republic of Moldova’s incredible values to us as a nation to Whereas Hamas’s weapons arsenal includes independence, the United States has pro- be exporting liquefied natural gas. approximately 12,000 rockets that vary in vided financial assistance to support the ef- At a time when the technology is range; forts of the people of the Republic of there, the will is there, we need to get Whereas innocent Israeli civilians are in- Moldova to build a prosperous European de- mocracy; a vote on the Senate floor. I offered the discriminately targeted by Hamas rocket at- tacks; and Whereas the United States and the Repub- amendment before and bring it again Whereas 5,000,000 Israelis are currently liv- lic of Moldova further strengthened their today as legislation, the North Atlan- ing under the threat of rocket attacks from partnership through the launching of a Stra- tic Energy Security Act. It is about en- Gaza: Now, therefore, be it tegic Dialogue on March 3, 2014; ergy, it is about security—our eco- Resolved, That the Senate— Whereas the Republic of Moldova signed an nomic security, our energy security— (1) reaffirms its support for Israel’s right Association Agreement containing com- and our opportunities on the geo- to defend its citizens and ensure the survival prehensive free trade provisions with the Eu- political stage to use our resources to of the State of Israel; ropean Union on June 27, 2014 and ratified the agreement on July 2, 2014; the best advantage of our Nation and (2) condemns the unprovoked rocket fire at Israel; Whereas the Government of the Republic our Nation’s citizens. (3) calls on Hamas to immediately cease all of Moldova made extraordinary efforts to I thank the Senator from North Da- rocket and other attacks against Israel; and comply with the criteria for an Association kota for his continued leadership in (4) calls on Palestinian Authority Presi- Agreement with the European Union, includ- this area. dent Mahmoud Abbas to dissolve the unity ing significant legislative reforms to im- Mr. HOEVEN. I thank the Senator governing arrangement with Hamas and con- prove the rule of law and curtail corruption; from Wyoming. demn the attacks on Israel. Whereas new parliamentary elections are expected to be held in the Republic of f f Moldova in November 2014; SUBMITTED RESOLUTIONS SENATE RESOLUTION 499—CON- Whereas the United States Government GRATULATING THE AMERICAN supports the democratic aspirations of the people of the Republic of Moldova and their MOTORCYCLIST ASSOCIATION ON expressed desire to deepen their association SENATE RESOLUTION 498—EX- ITS 90TH ANNIVERSARY PRESSING THE SENSE OF THE with the European Union; SENATE REGARDING UNITED Mr. MANCHIN submitted the fol- Whereas the United States supports the sovereignty and territorial integrity of the STATES SUPPORT FOR THE lowing resolution; which was referred to the Committee on the Judiciary: Republic of Moldova and, on that basis, par- STATE OF ISRAEL AS IT DE- ticipates as an observer in the ‘‘5+2’’ negotia- FENDS ITSELF AGAINST S. RES. 499 tions to find a comprehensive settlement UNPROVOKED ROCKET ATTACKS Whereas the American Motorcyclist Asso- that will provide a special status for the sep- FROM THE HAMAS TERRORIST ciation has been promoting and protecting aratist region of Transnistria within the Re- ORGANIZATION the motorcyclist lifestyle since 1924; public of Moldova; Whereas the members of the American Mo- Whereas, in September 2013, Russian Dep- Mr. GRAHAM (for himself, Mr. torcyclist Association are the world’s largest uty Prime Minister Dmitri Rogozin said that MENENDEZ, Ms. AYOTTE, Mr. SCHUMER, and most dedicated group of motorcycle en- Moldova ‘‘would lose Transnistria if Moldova Mr. MCCAIN, Mr. CORKER, Mr. RUBIO, thusiasts; continues moving toward the European Mr. BLUNT, Mr. KIRK, Mr. TOOMEY, Mr. Whereas the American Motorcyclist Asso- Union’’ and that ‘‘Moldova’s train en route ALEXANDER, Mr. MORAN, Mr. JOHANNS, ciation represents motorcycle riders, who to Europe would lose its wagons in Mr. HELLER, Mr. INHOFE, Mrs. FISCHER, are among the most passionate motorcycle Transnistria’’; enthusiasts in the United States; Whereas in 2013, the Government of the Ms. COLLINS, Mr. CRUZ, Mr. VITTER, Mr. Whereas through member clubs, pro- Russian Federation banned the import of PAUL, Mr. BLUMENTHAL, Mrs. BOXER, moters, and partners, the American Motor- Moldovan wine and certain agricultural Mr. NELSON, Mr. FRANKEN, Ms. MUR- cyclist Association authorizes almost 3,000 products in anticipation of Republic of KOWSKI, Mr. THUNE, Mr. GRASSLEY, Mr. motorsports competition events annually; Moldova initialing the Association Agree- HATCH, Mr. MURPHY, Mr. SCOTT, Mr. and ment with the European Union;

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4418 CONGRESSIONAL RECORD — SENATE July 10, 2014 Whereas, in response to the Republic of (7) affirms the Republic of Moldova’s sov- servation, provided in partnership with local Moldova signing and ratifying the Associa- ereign right to determine its own partner- conservation districts, is necessary to sus- tion Agreement with the European Union, ships free of external coercion and pressure, tain natural resources, meet the needs of a the Government of the Russian Federation and affirms the Republic of Moldova’s right growing population, and ensure safe, abun- has banned additional agricultural products to associate with the European Union and dant, and adequate resources for current and and threatened to curtail the supply of en- any other regional organization; future generations. ergy resources to the Republic of Moldova, (8) urges the European Union to continue f expel Moldova from the Commonwealth of to work for greater political, economic, and Independent States free trade zone, and im- social integration with the Republic of AMENDMENTS SUBMITTED AND pose stricter labor migration policies on the Moldova; PROPOSED people of the Republic of Moldova; (9) calls on the Government of the Russian Whereas the Government of the Russian Federation to refrain from using economic SA 3531. Mr. PRYOR submitted an amend- Federation maintains a contingent of Rus- coercion against the Republic of Moldova, ment intended to be proposed by him to the sian troops and a stockpile of Russian mili- cease support for separatist movements in bill S. 2363, to protect and enhance opportu- tary equipment and ammunition within the the territory of the Republic of Moldova, and nities for recreational hunting, fishing, and Moldovan region of Transnistria; fulfill its commitments made at the Organi- shooting, and for other purposes; which was Whereas the Government of Russia has zation for Security and Cooperation in Eu- ordered to lie on the table. been actively issuing Russian passports to rope (OSCE) 1999 summit in Istanbul to with- SA 3532. Ms. STABENOW (for herself and the residents of the Transnistria region in draw its military forces and munitions from Mr. GRASSLEY) submitted an amendment in- the Republic of Moldova; within the internationally recognized terri- tended to be proposed by her to the bill S. Whereas the Council of Europe, the Organi- tory of the Republic of Moldova; 2363, supra; which was ordered to lie on the zation for Security and Cooperation in Eu- (10) supports constructive engagement and table. rope (OSCE), and the Government of the Re- confidence-building measures between the SA 3533. Mr. VITTER submitted an amend- public of Moldova have called upon the Gov- Government of the Republic of Moldova and ment intended to be proposed by him to the ernment of the Russian Federation to re- the authorities in the Transnistria region in bill S. 2363, supra; which was ordered to lie move its troops from the territory of the Re- order to secure a peaceful, comprehensive on the table. public of Moldova; resolution to the conflict that respects the SA 3534. Ms. COLLINS (for herself, Mr. Whereas authorities in the Republic of Republic of Moldova’s sovereignty and terri- UDALL of Colorado, Mr. BURR, Mrs. SHAHEEN, Moldova’s Transnistria region have re- torial integrity; Mr. GRAHAM, Mr. WYDEN, Mr. ALEXANDER, stricted the access of OSCE Mission to (11) urges officials in the Transnistrian re- Mr. WALSH, Mr. PORTMAN, Mr. LEAHY, Mr. Moldova monitors to the Transnistria re- gion to allow OSCE Mission to Moldova mon- HEINRICH, and Ms. AYOTTE) submitted an gion, thereby preventing the Mission from itors unrestricted access to that region; amendment intended to be proposed by her providing impartial reporting on the secu- (12) discourages any unilateral actions that to the bill S. 2363, supra; which was ordered rity situation in the region; may undermine efforts to achieve a peaceful to lie on the table. Whereas the House of Representatives and resolution, as well as the agreements already SA 3535. Ms. COLLINS (for herself, Mr. the Senate both passed, by an overwhelming reached, and encourages leaders of the UDALL of Colorado, Mr. BURR, Mrs. SHAHEEN, majority, and the President signed into law Transnistrian region to resume negotiations Mr. GRAHAM, Mr. WYDEN, and Mr. ALEX- the Act relating to ‘‘United States Inter- toward a political settlement; and ANDER) submitted an amendment intended to national Programming to Ukraine and (13) affirms that lasting stability and secu- be proposed by her to the bill S. 2363, supra; Neighboring Regions’’, approved April 3, 2014 rity in Europe is a key priority for the which was ordered to lie on the table. (Public Law 113–96; 22 U.S.C. 6211 note), pro- United States Government which can only be SA 3536. Mr. TOOMEY submitted an viding for a United States international achieved if the territorial integrity and sov- amendment intended to be proposed by him broadcast programming surge to counter ereignty of all European countries is re- to the bill S. 2363, supra; which was ordered misinformation from Russian-supported spected. to lie on the table. news outlets and ensuring that Russian- f SA 3537. Mr. LEE submitted an amendment speaking populations in Ukraine and intended to be proposed by him to the bill S. Moldova have access to independent news SENATE CONCURRENT RESOLU- 2363, supra; which was ordered to lie on the and information; and TION 39—EXPRESSING THE table. Whereas Moldova has been a valued and re- SENSE OF CONGRESS REGARD- SA 3538. Mr. JOHANNS (for himself and liable partner in promoting global security ING SUPPORT FOR VOLUNTARY, Mrs. FISCHER) submitted an amendment in- by participating in United Nations peace- INCENTIVE-BASED, PRIVATE tended to be proposed by him to the bill S. keeping missions in Liberia, Cote d’Ivoire, LAND CONSERVATION IMPLE- 2363, supra; which was ordered to lie on the Sudan, Georgia, and Kosovo: Now, therefore, table. be it MENTED THROUGH COOPERA- SA 3539. Mr. HOEVEN submitted an Resolved, That the Senate— TION WITH LOCAL SOIL AND amendment intended to be proposed by him (1) reaffirms that it is the policy of the WATER CONSERVATION DIS- to the bill S. 2363, supra; which was ordered United States Government to support the TRICTS to lie on the table. sovereignty, independence, and territorial Mr. PRYOR (for himself, Mr. BOOZ- SA 3540. Mrs. GILLIBRAND submitted an integrity of the Republic of Moldova and the amendment intended to be proposed by her MAN, and Mr. DONNELLY) submitted the inviolability of its borders; to the bill S. 2363, supra; which was ordered (2) supports the Strategic Dialogue as a following concurrent resolution; which to lie on the table. means to strengthen relations between the was referred to the Committee on Agri- SA 3541. Mr. COBURN (for himself and Mr. Republic of Moldova and the United States culture, Nutrition, and Forestry: WARNER) submitted an amendment intended and to enhance the democratic, economic, S. CON. RES. 39 to be proposed by him to the bill S. 2363, and security reforms already being imple- Whereas over 70 percent of the contiguous supra; which was ordered to lie on the table. mented by the Republic of Moldova; United States is privately owned; SA 3542. Mr. VITTER (for himself, Mr. (3) urges the President to consider increas- Whereas the future of the environment is CRUZ, Mr. BARRASSO, and Mr. CRAPO) sub- ing security and intelligence cooperation determined by the decisions made by the mitted an amendment intended to be pro- with the Government of Moldova; men and women who own and manage that posed by him to the bill S. 2363, supra; which (4) encourages the President and the Sec- land, including urban landscapes; was ordered to lie on the table. retary of State to enhance United States co- Whereas world population is projected to SA 3543. Mr. MCCAIN submitted an amend- operation with the Government of the Re- reach 9,000,000,000 people by 2050; ment intended to be proposed by him to the public of Moldova and civil society organiza- Whereas increased production will be need- bill S. 2363, supra; which was ordered to lie tions and to focus assistance on rule of law, ed from agricultural land to feed the increas- on the table. anti-corruption efforts, energy security, and ing population; SA 3544. Mr. HEINRICH (for himself and improving trade relations and investment Whereas meeting these needs will make Mr. TESTER) submitted an amendment in- opportunities; caring for the environment more difficult; tended to be proposed by him to the bill S. (5) supports increased educational ex- and 2363, supra; which was ordered to lie on the changes between the United States and the Whereas landowners work to ensure they table. Republic of Moldova; sustain a healthy environment to support SA 3545. Mr. CORNYN (for himself, Mr. (6) encourages the President to expedite abundant wildlife: Now, therefore, be it VITTER, Mr. THUNE, Mr. BLUNT, and Mr. BAR- the implementation of the Act relating to Resolved by the Senate (the House of Rep- RASSO) submitted an amendment intended to ‘‘United States International Programming resentatives concurring), That— be proposed by him to the bill S. 2363, supra; to Ukraine and Neighboring Regions’’, ap- (1) Congress supports the conservation of which was ordered to lie on the table. proved April 3, 2014 (Public Law 113–96; 22 the Nation’s natural resources and working SA 3546. Mr. WALSH (for himself, Mr. U.S.C. 6211 note), especially because it re- lands; and UDALL of Colorado, and Mr. HEINRICH) sub- lates to populations in Ukraine and the Re- (2) it is the sense of Congress that vol- mitted an amendment intended to be pro- public of Moldova; untary, incentive-based, private land con- posed to amendment SA 3456 submitted by

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4419

Mr. CRUZ and intended to be proposed to the (3) entitled to benefits under section 223 of of each stamp sold for each hunting year bill S. 2363, supra; which was ordered to lie the Social Security Act (42 U.S.C. 423). after hunting year 2013’’; on the table. (B) in subsection (b)(1), by striking ‘‘So SA 3547. Mr. REED submitted an amend- SA 3532. Ms. STABENOW (for herself much’’ and inserting ‘‘except as provided in ment intended to be proposed by him to the and Mr. GRASSLEY) submitted an paragraph (4), so much’’; bill S. 2410, to authorize appropriations for amendment intended to be proposed by (C) in subsection (b)(2), by striking ‘‘para- fiscal year 2015 for military activities of the graph (3)’’ and inserting ‘‘paragraphs (3) and Department of Defense, for military con- her to the bill S. 2363, to protect and enhance opportunities for recreational (4)’’; and struction, and for defense activities of the (D) by adding at the end of subsection (b) Department of Energy, to prescribe military hunting, fishing, and shooting, and for the following: personnel strengths for such fiscal year, and other purposes; which was ordered to ‘‘(4) CONSERVATION EASEMENTS.—Amounts for other purposes; which was ordered to lie lie on the table; as follows: in the subaccount referred to in subsection on the table. At the end, insert the following: (a)(3) shall be used by the Secretary solely to SA 3548. Mr. MURPHY submitted an acquire easements in real property for con- amendment intended to be proposed by him TITLE III—RURAL HERITAGE CONSERVATION EXTENSION ACT OF 2014 servation of migratory birds.’’. to the bill S. 2410, supra; which was ordered (b) ANNUAL REPORT ON EXPENDITURES.— to lie on the table. SEC. 301. SPECIAL RULE FOR CONTRIBUTIONS OF Section 4 of the Migratory Bird Hunting and SA 3549. Mr. COBURN submitted an QUALIFIED CONSERVATION CON- TRIBUTIONS MADE PERMANENT. Conservation Stamp Act (16 U.S.C. 718d) is amendment intended to be proposed by him further amended— to the bill S. 2244, to extend the termination (a) IN GENERAL.— (1) in subsection (c)— date of the Terrorism Insurance Program es- (1) INDIVIDUALS.—Subparagraph (E) of sec- (A) by striking so much as precedes ‘‘The tablished under the Terrorism Risk Insur- tion 170(b)(1) of the Internal Revenue Code of Secretary may’’ and inserting the following: ance Act of 2002, and for other purposes; 1986 is amended by striking clause (vi). ‘‘(c) PROMOTION OF STAMP SALES.—’’; and (2) CORPORATIONS.—Subparagraph (B) of which was ordered to lie on the table. (B) by striking paragraph (2); and SA 3550. Mr. VITTER submitted an amend- section 170(b)(2) of such Code is amended by (2) by adding at the end the following: ment intended to be proposed by him to the striking clause (iii). ‘‘(e) ANNUAL REPORT.—The Secretary shall bill S. 2244, supra; which was ordered to lie (b) EFFECTIVE DATE.—The amendments include in each annual report of the Commis- on the table. made by this section shall apply to contribu- sion under section 3 of the Migratory Bird SA 3551. Mr. FLAKE submitted an amend- tions made in taxable years beginning after Conservation Act (16 U.S.C. 715b)— ment intended to be proposed by him to the December 31, 2013. ‘‘(1) a description of activities conducted bill S. 2244, supra; which was ordered to lie SEC. 302. ELIMINATION OF CHARITABLE DEDUC- on the table. under subsection (c) in the year covered by TION FOR EASEMENTS ON GOLF the report; and SA 3552. Mr. TESTER (for himself and Mr. COURSES. ‘‘(2) an annual assessment of the status of JOHANNS) submitted an amendment intended (a) IN GENERAL.—Section 170(h) of the In- wetlands conservation projects for migratory to be proposed by him to the bill S. 2244, ternal Revenue Code of 1986 is amended by bird conservation purposes, including a clear supra; which was ordered to lie on the table. adding at the end the following new para- and accurate accounting of— SA 3553. Mr. REID (for Mr. MENENDEZ) pro- graph: ‘‘(A) all expenditures by Federal and State posed an amendment to the resolution S. ‘‘(7) EXCEPTION FOR EASEMENTS FOR GOLF agencies under this section; Res. 412, reaffirming the strong support of COURSES.—For purposes of this section, the ‘‘(B) all expenditures made for fee-simple the United States Government for freedom of term ‘qualified conservation contribution’ acquisition of Federal lands in the United navigation and other internationally lawful shall not include any contribution of an States, including the amount paid and acre- uses of sea and airspace in the Asia-Pacific easement for use on, or intended for use on, age of each parcel acquired in each acquisi- region, and for the peaceful diplomatic reso- a golf course.’’. lution of outstanding territorial and mari- tion.’’. (b) EFFECTIVE DATE.—The amendment time claims and disputes. made by this section shall apply to contribu- SA 3554. Mr. REID (for Mr. PAUL) proposed SA 3534. Ms. COLLINS (for herself, tions made after the date of the enactment an amendment to the resolution S. Res. 412, of this Act. Mr. UDALL of Colorado, Mr. BURR, Mrs. supra. SHAHEEN, Mr. GRAHAM, Mr. WYDEN, Mr. SA 3555. Mr. REID (for Mr. MENENDEZ) pro- ALEXANDER, Mr. WALSH, Mr. PORTMAN, posed an amendment to the resolution S. SA 3533. Mr. VITTER submitted an Res. 412, supra. amendment intended to be proposed by Mr. LEAHY, Mr. HEINRICH, and Ms. SA 3556. Mr. REID (for Mr. BLUNT) pro- him to the bill S. 2363, to protect and AYOTTE) submitted an amendment in- posed an amendment to the bill S. 653, to enhance opportunities for recreational tended to be proposed by her to the bill provide for the establishment of the Special hunting, fishing, and shooting, and for S. 2363, to protect and enhance oppor- Envoy to Promote Religious Freedom of Re- other purposes; which was ordered to tunities for recreational hunting, fish- ligious Minorities in the Near East and ing, and shooting, and for other pur- South Central Asia. lie on the table; as follows: At the end of title I, add the following: poses; which was ordered to lie on the f SEC. 1llll. MIGRATORY BIRD HUNTING AND table; as follows: TEXT OF AMENDMENTS CONSERVATION STAMP. At the end of the bill, add the following: (a) INCREASE IN PRICE OF MIGRATORY BIRD SEC. lll. SENSE OF THE SENATE ON THE LAND HUNTING AND CONSERVATION STAMP TO FUND AND WATER CONSERVATION FUND. Mr. PRYOR submitted an SA 3531. ACQUISITION OF CONSERVATION EASEMENTS (a) FINDINGS.—The Senate finds the fol- amendment intended to be proposed by FOR MIGRATORY BIRDS.—The Migratory Bird lowing: him to the bill S. 2363, to protect and Hunting and Conservation Stamp Act is (1) The year 2014 marks the 50th anniver- enhance opportunities for recreational amended— sary of the establishment of the Land and hunting, fishing, and shooting, and for (1) in section 2(b) (16 U.S.C. 718b(b))— Water Conservation Fund under section 2 of other purposes; which was ordered to (A) by striking ‘‘1990, and’’ and inserting the Land and Water Conservation Act of 1965 lie on the table; as follows: ‘‘1990,’’; and (16 U.S.C. 460l–5) (referred to in this sub- At the end of title I, add the following: (B) by striking ‘‘for each hunting year section as the ‘‘Fund’’), the most successful thereafter’’ and inserting ‘‘for hunting years and enduring conservation and outdoor SEC. 1llll. OVERNIGHT PARKING AT UNITS OF THE NATIONAL WILDLIFE REFUGE 1991 through 2013, and $25 for each hunting recreation program of the United States. SYSTEM. year thereafter’’; (2) The Fund will expire in 2015 unless Con- (a) IN GENERAL.—Notwithstanding any (2) by adding at the end of section 2 (16 gress takes action to renew this important other provision of law (including regula- U.S.C. 718b) the following: program. tions), the Secretary of the Interior shall ‘‘(c) REDUCTION IN PRICE OF STAMP.—The (3) The Fund has protected outdoor recre- issue to covered individuals described in sub- Secretary may reduce the price of each ation sites in every State and nearly every section (b) permits to park for a period of stamp sold under the provisions of this sec- county in the United States by ensuring ac- not more than 72 consecutive hours unat- tion for a hunting year if the Secretary de- cess to hunting and fishing areas, protecting tended off-highway vehicles in any area of a termines that the increase in the price of the the most historic sites of the United States, unit of the National Wildlife Refuge System stamp after hunting year 2013 resulted in a supporting working forests and ranches, cre- in which parking is permitted. reduction in revenues deposited into the ating national scenic and historic trails, and (b) COVERED INDIVIDUAL.—A covered indi- fund;’’; and conserving critical habitats. vidual referred to in subsection (a) is an indi- (3) in section 4 (16 U.S.C. 718d)— (4) The Land and Water Conservation Fund vidual that is— (A) in subsection (a)(3), by inserting before Act of 1965 (16 U.S.C. 460l–4 et seq.) has a 50- (1) at least 65 years of age; the period the following: ‘‘, in which there year history of bipartisan support as, with (2) a veteran with a service-connected dis- shall be a subaccount to which the Secretary the overwhelming support of Congress— ability (as defined in section 101 of title 38, of the Treasury shall transfer all amounts in (A) support for the Act began during the United States Code); or excess of $15 that are received from the sale Eisenhower Administration;

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4420 CONGRESSIONAL RECORD — SENATE July 10, 2014 (B) the Act was proposed to Congress by (A) support for the Act began during the SEC. ll. STATE AND TRIBAL MANAGEMENT AND President Kennedy; and Eisenhower Administration; PROTECTION OF WILD FREE-ROAM- (C) the Act was signed into law by Presi- (B) the Act was proposed to Congress by ING HORSES AND BURROS. dent Johnson. President Kennedy; and Public Law 92–195 (16 U.S.C. 1331 et seq.) (5) The Land and Water Conservation Fund (C) the Act was signed into law by Presi- (commonly known as the ‘‘Wild Free-Roam- Act of 1965 (16 U.S.C. 460l–4 et seq.) is fully dent Johnson. ing Horses and Burros Act’’) is amended by funded, without relying on tax dollars, (5) The Land and Water Conservation Fund adding at the end the following: through the annual collection of $900,000,000 Act of 1965 (16 U.S.C. 460l–4 et seq.) is fully ‘‘SEC. 12. STATE AND TRIBAL MANAGEMENT AND by the Treasury of the United States from a funded, without relying on tax dollars, PROTECTION. small percentage of royalties from offshore through the annual collection of $900,000,000 ‘‘(a) IN GENERAL.—Except as provided in drilling and other Federal energy revenue by the Treasury of the United States from a subsection (c), at the request of a State leg- sources. small percentage of royalties from offshore islature, Governor of a State, or the gov- (6) The Fund honors the principles of fiscal drilling and other Federal energy revenue erning body of a federally recognized Indian conservatism by reinvesting revenues from sources. tribe, the Secretary shall allow the State or the sale of 1 national resource to protect (6) The Fund honors the principles of fiscal federally recognized Indian tribe to assume other natural resources and ensure outdoor conservatism by reinvesting revenues from all management and protection functions recreation for all people of the United the sale of 1 national resource to protect under this Act with respect to wild free- States. other natural resources and ensure outdoor roaming horses and burros on land within (7) Over the 50-year history of the Fund, recreation for all people of the United the boundaries of the State or federally rec- more than half the amount credited to the States. ognized Indian tribe. Fund account has been diverted for other (7) Over the 50-year history of the Fund, ‘‘(b) MANAGEMENT.—Beginning on the date purposes. more than half the amount credited to the on which a State or federally recognized In- (8) Continued investments in the Fund will Fund account has been diverted for other dian tribe assumes the functions under sub- stimulate the economy of the United States, purposes. section (a), the State or federally recognized create jobs, and strengthen infrastructure. (8) Continued investments in the Fund will Indian tribe shall manage wild free-roaming (9) Outdoor recreation and conservation ac- stimulate the economy of the United States, horses and burros on land within the bound- tivities are important economic contributors create jobs, and strengthen infrastructure. aries of the State or federally recognized In- and support jobs in communities across the (9) Outdoor recreation and conservation ac- dian tribe— United States. tivities are important economic contributors ‘‘(1) in accordance with this Act; and (10) The Fund drives local economies by and support jobs in communities across the ‘‘(2) in the same manner as any other non- growing recreational land to match increases United States. federally regulated species with respect to in population and development pressure (10) The Fund drives local economies by functions not specified in this Act. while also creating and protecting jobs in growing recreational land to match increases ‘‘(c) INVENTORY.—Notwithstanding the as- working forests and on working farms and in population and development pressure sumption of functions by a State or federally ranches. while also creating and protecting jobs in recognized Indian tribe under subsections (a) (b) SENSE OF THE SENATE.—It is the sense working forests and on working farms and and (b), the Secretary shall continue to of the Senate that— ranches. maintain the inventory required by section (b) SENSE OF THE SENATE.—It is the sense (1) the Land and Water Conservation Fund 3(b)(1).’’. of the Senate that— Act of 1965 (16 U.S.C. 460l–4 et seq.) should be (1) the Land and Water Conservation Fund reauthorized; and SA 3538. Mr. JOHANNS (for himself Act of 1965 (16 U.S.C. 460l–4 et seq.) should be (2) full, permanent, and dedicated funding and Mrs. FISCHER) submitted an reauthorized; and for the Land and Water Conservation Fund amendment intended to be proposed by (2) full, permanent, and dedicated funding would keep the promise that was made to for the Land and Water Conservation Fund him to the bill S. 2363, to protect and the people of the United States in 1964 to in- would keep the promise that was made to enhance opportunities for recreational vest a small portion of the proceeds from the people of the United States in 1964 to in- hunting, fishing, and shooting, and for natural resource development in conserva- vest a small portion of the proceeds from other purposes; which was ordered to tion and outdoor recreation. natural resource development in conserva- lie on the table; as follows: SA 3535. Ms. COLLINS (for herself, tion and outdoor recreation. At the end of title II, add the following: Mr. UDALL of Colorado, Mr. BURR, Mrs. SA 3536. Mr. TOOMEY submitted an SEC. 2llll. PROHIBITION ON USE OF FUNDS SHAHEEN, Mr. GRAHAM, Mr. WYDEN, and FOR CERTAIN CONSERVATION amendment intended to be proposed by AREAS. Mr. ALEXANDER) submitted an amend- him to the bill S. 2363, to protect and No funds made available under section 101 ment intended to be proposed by her to enhance opportunities for recreational or the amendments made by section 201 or the bill S. 2363, to protect and enhance hunting, fishing, and shooting, and for 203 shall be used by the Secretary of the In- opportunities for recreational hunting, other purposes; which was ordered to terior to acquire any land or interests in fishing, and shooting, and for other lie on the table; as follows: land for the Niobrara Confluence and Ponca purposes; which was ordered to lie on Strike section 203 and insert the following: Bluffs Conservation Areas unless the Sec- retary of the Interior solicits input from, the table; as follows: SEC. 203. NORTH AMERICAN WETLANDS CON- and receives the consent of, the Governor At the end of the bill, add the following: SERVATION ACT. (a) AUTHORIZATION OF APPROPRIATIONS.— and legislature of the State in which the SEC. lll. SENSE OF THE SENATE ON THE LAND land is located with respect to the acquisi- AND WATER CONSERVATION FUND. Section 7(c) of the North American Wetlands tion. (a) FINDINGS.—The Senate finds the fol- Conservation Act (16 U.S.C. 4406(c)) is amended— lowing: SA 3539. Mr. HOEVEN submitted an (1) The year 2014 marks the 50th anniver- (1) in paragraph (4), by striking ‘‘and’’; sary of the establishment of the Land and (2) in paragraph (5), by striking the period amendment intended to be proposed by Water Conservation Fund under section 2 of at the end and inserting ‘‘; and’’; and him to the bill S. 2363, to protect and the Land and Water Conservation Act of 1965 (3) by adding at the end the following: enhance opportunities for recreational (16 U.S.C. 460l–5) (referred to in this sub- ‘‘(6) $50,000,000 for each of fiscal years 2014 hunting, fishing, and shooting, and for section as the ‘‘Fund’’), the most successful through 2019.’’. other purposes; which was ordered to and enduring conservation and outdoor (b) CERTAIN PROPOSED RULE.—For the pur- poses of implementing this Act, during the lie on the table; as follows: recreation program of the United States. period of fiscal years 2014 through 2019, the At the end of title I, add the following: (2) The Fund will expire in 2015 unless Con- proposed rule entitled ‘‘Definition of ‘Waters gress takes action to renew this important SEC. 1llll. NATIONAL FISH HATCHERY SYS- of the United States’ Under the Clean Water TEM. program. Act’’ (79 Fed. Reg. 22188 (April 21, 2014)) shall In administering the National Fish Hatch- (3) The Fund has protected outdoor recre- not apply. ery System, the Secretary of the Interior ation sites in every State and nearly every (acting through the Director of the United county in the United States by ensuring ac- SA 3537. Mr. LEE submitted an States Fish and Wildlife Service) shall give cess to hunting and fishing areas, protecting amendment intended to be proposed by priority to increasing recreational fishing the most historic sites of the United States, him to the bill S. 2363, to protect and opportunities for the public. supporting working forests and ranches, cre- enhance opportunities for recreational ating national scenic and historic trails, and Mrs. GILLIBRAND sub- conserving critical habitats. hunting, fishing, and shooting, and for SA 3540. (4) The Land and Water Conservation Fund other purposes; which was ordered to mitted an amendment intended to be Act of 1965 (16 U.S.C. 460l–4 et seq.) has a 50- lie on the table; as follows: proposed by her to the bill S. 2363, to year history of bipartisan support as, with At the appropriate place, insert the fol- protect and enhance opportunities for the overwhelming support of Congress— lowing: recreational hunting, fishing, and

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4421 shooting, and for other purposes; which ‘‘(II) by its terms explicitly prohibits the United States, irrespective of any provision was ordered to lie on the table; as fol- use, attempted use, or threatened use of of State law— lows: physical force against such intimate partner ‘‘(A) any property constituting, or derived or child that would reasonably be expected from, any proceeds the person obtained, di- At the end, add the following: to cause bodily injury; rectly or indirectly, as the result of such vio- TITLE III—ILLEGAL TRAFFICKING IN ‘‘(I) has been convicted in any court of a lation; and FIREARMS misdemeanor crime of domestic violence; ‘‘(B) any of the person’s property used, or SEC. 301. SHORT TITLE. ‘‘(J) intends to— intended to be used, in any manner or part, This title may be cited as the ‘‘Stop Illegal ‘‘(i) use, carry, possess, or sell or otherwise to commit, or to facilitate the commission Trafficking in Firearms Act of 2014’’. dispose of the firearm or ammunition in fur- of, such violation. SEC. 302. ANTI-STRAW PURCHASING AND FIRE- therance of a crime of violence or drug traf- ‘‘(2) The court, in imposing sentence on a ARMS TRAFFICKING AMENDMENTS. ficking crime; or person convicted of a violation of section 932 (a) IN GENERAL.—Chapter 44 of title 18, ‘‘(ii) export the firearm or ammunition in or 933, shall order, in addition to any other United States Code, is amended by adding at violation of law; sentence imposed pursuant to section 932 or the end the following: ‘‘(K)(i) does not reside in any State; and 933, that the person forfeit to the United ‘‘§ 932. Straw purchasing of firearms ‘‘(ii) is not a citizen of the United States; States all property described in paragraph ‘‘(a) For purposes of this section— or (1). ‘‘(1) the term ‘crime of violence’ has the ‘‘(L) intends to sell or otherwise dispose of ‘‘(b) A defendant who derives profits or meaning given that term in section 924(c)(3); the firearm or ammunition to a person de- other proceeds from an offense under section ‘‘(2) the term ‘drug trafficking crime’ has scribed in any of subparagraphs (A) through 932 or 933 may be fined not more than the the meaning given that term in section (K). greater of— 924(c)(2); and ‘‘(c)(1) Except as provided in paragraph (2), ‘‘(1) the fine otherwise authorized by this ‘‘(3) the term ‘purchase’ includes the re- any person who violates subsection (b) shall part; and ceipt of any firearm by a person who does be fined under this title, imprisoned for not ‘‘(2) the amount equal to twice the gross not own the firearm— more than 15 years, or both. profits or other proceeds of the offense under ‘‘(A) by way of pledge or pawn as security ‘‘(2) If a violation of subsection (b) is com- section 932 or 933.’’. for the payment or repayment of money; or mitted knowing or with reasonable cause to (b) TITLE III AUTHORIZATION.—Section ‘‘(B) on consignment. believe that any firearm involved will be 2516(1)(n) of title 18, United States Code, is ‘‘(b) It shall be unlawful for any person used to commit a crime of violence, the per- amended by striking ‘‘sections 922 and 924’’ (other than a licensed importer, licensed son shall be sentenced to a term of imprison- and inserting ‘‘section 922, 924, 932, or 933’’. manufacturer, licensed collector, or licensed ment of not more than 25 years. (c) RACKETEERING AMENDMENT.—Section dealer) to knowingly purchase, or attempt or ‘‘(d) Subsection (b)(1) shall not apply to 1961(1)(B) of title 18, United States Code, is conspire to purchase, any firearm in or oth- any firearm that is lawfully purchased by a amended by inserting ‘‘section 932 (relating erwise affecting interstate or foreign com- person— to straw purchasing), section 933 (relating to merce— ‘‘(1) to be given as a bona fide gift to a re- trafficking in firearms),’’ before ‘‘section ‘‘(1) from a licensed importer, licensed cipient who provided no service or tangible 1028’’. (d) MONEY LAUNDERING AMENDMENT.—Sec- manufacturer, licensed collector, or licensed thing of value to acquire the firearm, unless tion 1956(c)(7)(D) of title 18, United States dealer for, on behalf of, or at the request or the person knows or has reasonable cause to Code, is amended by striking ‘‘section demand of any other person, known or un- believe such recipient is prohibited by Fed- 924(n)’’ and inserting ‘‘section 924(n), 932, or known; or eral law from possessing, receiving, selling, 933’’. ‘‘(2) from any person who is not a licensed shipping, transporting, transferring, or oth- erwise disposing of the firearm; or (e) DIRECTIVE TO SENTENCING COMMISSION.— importer, licensed manufacturer, licensed Pursuant to its authority under section 994 collector, or licensed dealer for, on behalf of, ‘‘(2) to be given to a bona fide winner of an organized raffle, contest, or auction con- of title 28, United States Code, and in accord- or at the request or demand of any other per- ance with this section, the United States son, known or unknown, knowing or having ducted in accordance with law and sponsored by a national, State, or local organization or Sentencing Commission shall review and reasonable cause to believe that such other amend its guidelines and policy statements person— association, unless the person knows or has reasonable cause to believe such recipient is to ensure that persons convicted of an of- ‘‘(A) is under indictment for, or has been fense under section 932 or 933 of title 18, prohibited by Federal law from possessing, convicted in any court of, a crime punishable United States Code, and other offenses appli- purchasing, receiving, selling, shipping, by imprisonment for a term exceeding 1 cable to the straw purchases and trafficking transporting, transferring, or otherwise dis- year; of firearms are subject to increased penalties posing of the firearm. ‘‘(B) is a fugitive from justice; in comparison to those currently provided by ‘‘(C) is an unlawful user of or addicted to ‘‘§ 933. Trafficking in firearms the guidelines and policy statements for any controlled substance (as defined in sec- ‘‘(a) It shall be unlawful for any person such straw purchasing and firearms traf- tion 102 of the Controlled Substances Act (21 to— ficking offenses. The Commission shall also U.S.C. 802)); ‘‘(1) ship, transport, transfer, cause to be review and amend its guidelines and policy ‘‘(D) has been adjudicated as a mental de- transported, or otherwise dispose of a fire- statements to reflect the intent of Congress fective or has been committed to any mental arm to another person in or otherwise affect- that a person convicted of an offense under institution; ing interstate or foreign commerce, if the section 932 or 933 of title 18, United States ‘‘(E) is an alien who— transferor knows or has reasonable cause to Code, who is affiliated with a gang, cartel, ‘‘(i) is illegally or unlawfully in the United believe that the use, carrying, or possession organized crime ring, or other such enter- States; or of a firearm by the transferee would be in prise should be subject to higher penalties ‘‘(ii) except as provided in section 922(y)(2), violation of, or would result in a violation of, than an otherwise unaffiliated individual. has been admitted to the United States any Federal law punishable by a term of im- (f) TECHNICAL AND CONFORMING AMEND- under a nonimmigrant visa (as that term is prisonment exceeding 1 year; MENT.—The table of sections of chapter 44 of defined in section 101(a)(26) of the Immigra- ‘‘(2) receive from another person a firearm title 18, United States Code, is amended by tion and Nationality Act (8 U.S.C. in or otherwise affecting interstate or for- adding at the end the following: 1101(a)(26)); eign commerce, if the recipient knows or has ‘‘932. Straw purchasing of firearms. ‘‘(F) has been discharged from the Armed reasonable cause to believe that such receipt ‘‘933. Trafficking in firearms. Forces under dishonorable conditions; would be in violation of, or would result in a ‘‘934. Forfeiture and fines.’’. ‘‘(G) having been a citizen of the United violation of, any Federal law punishable by a SEC. 303. AMENDMENTS TO SECTION 922(d). States, has renounced his or her citizenship; term of imprisonment exceeding 1 year; or Section 922(d) of title 18, United States ‘‘(H) is subject to a court order that re- ‘‘(3) attempt or conspire to commit the Code, is amended— strains such person from harassing, stalking, conduct described in paragraph (1) or (2). (1) in paragraph (8), by striking ‘‘or’’ at the or threatening an intimate partner of such ‘‘(b)(1) Except as provided in paragraph (2), end; person or child of such intimate partner or any person who violates subsection (a) shall (2) in paragraph (9), by striking the period person, or engaging in other conduct that be fined under this title, imprisoned for not at the end and inserting a semicolon; and would place an intimate partner in reason- more than 15 years, or both. (3) by striking the matter following para- able fear of bodily injury to the partner or ‘‘(2) If a violation of subsection (a) is com- graph (9) and inserting the following: child, except that this subparagraph shall mitted by a person in concert with 5 or more ‘‘(10) intends to sell or otherwise dispose of only apply to a court order that— other persons with respect to whom such the firearm or ammunition to a person de- ‘‘(i) was issued after a hearing of which person occupies a position of organizer, lead- scribed in any of paragraphs (1) through (9); such person received actual notice, and at er, supervisor, or manager, the person shall or which such person had the opportunity to be sentenced to a term of imprisonment of ‘‘(11) intends to sell or otherwise dispose of participate; and not more than 25 years. the firearm or ammunition in furtherance of ‘‘(ii)(I) includes a finding that such person ‘‘§ 934. Forfeiture and fines a crime of violence or drug trafficking of- represents a credible threat to the physical ‘‘(a)(1) Any person convicted of a violation fense or to export the firearm or ammunition safety of such intimate partner or child; or of section 932 or 933 shall forfeit to the in violation of law.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4422 CONGRESSIONAL RECORD — SENATE July 10, 2014 This subsection shall not apply with respect ment intended to be proposed by him intendent at the unit of the National Park to the sale or disposition of a firearm or am- to the bill S. 2363, to protect and en- System in which the eligible structure is lo- munition to a licensed importer, licensed hance opportunities for recreational cated, after taking into account any input manufacturer, licensed dealer, or licensed hunting, fishing, and shooting, and for from the donating entity; and collector who pursuant to subsection (b) of other purposes; which was ordered to (2) for a period of time, as determined by section 925 is not precluded from dealing in the Secretary, in consultation with the Su- firearms or ammunition, or to a person who lie on the table; as follows: perintendent at the unit of the National has been granted relief from disabilities pur- At the end, add the following: Park System in which the eligible structure suant to subsection (c) of section 925.’’. TITLE III—NATIONAL PARK SYSTEM is located, that is commensurate with the SEC. 304. AMENDMENTS TO SECTION 924(a). DONOR CONTRIBUTION ACKNOWLEDG- amount of the contribution and the life of Section 924(a) of title 18, United States MENT the eligible structure. Code, is amended— SEC. 301. SHORT TITLE. (d) EXPANSION OF DONOR ACKNOWLEDG- (1) in paragraph (2), by striking ‘‘(d), (g),’’; This title may be cited as the ‘‘National MENTS.—The Secretary may authorize the and Park System Donor Contribution Acknowl- use of donor acknowledgments under this (2) by adding at the end the following: edgment Act of 2014’’. section to include donor acknowledgments ‘‘(8) Whoever knowingly violates sub- SEC. 302. DEFINITIONS. on digital and media platforms, including section (d) or (g) of section 922 shall be fined In this title: online applications and web-based product under this title, imprisoned not more than 15 (1) DONOR ACKNOWLEDGMENT.— downloads relating to a specific unit of the years, or both.’’. (A) IN GENERAL.—The term ‘‘donor ac- National Park System. SEC. 305. AMENDMENTS TO SECTION 924(h). knowledgment’’ means a statement, logo, (e) IMPLEMENTATION.—Not later than 180 Section 924 of title 18, United States Code, trademark, proper legal name, or other rea- days after the date of enactment of this Act, is amended by striking subsection (h) and in- sonable form of credit acknowledging a con- the Secretary shall implement this section. serting the following: tribution by a donor. (f) EFFECT OF SECTION.—Nothing in this ‘‘(h)(1) Whoever knowingly receives or (B) EXCLUSIONS.—The term ‘‘donor ac- section requires the Secretary to accept a transfers a firearm or ammunition, or at- knowledgment’’ does not include— donation. tempts or conspires to do so, knowing or (i) a sign or other fixture that would block SEC. 304. DONOR CONTRIBUTION ACKNOWLEDG- having reasonable cause to believe that such or obstruct a natural or historic site or view; or MENTS TO BE DISPLAYED AT COM- firearm or ammunition will be used to com- MEMORATIVE WORKS. mit a crime of violence (as defined in sub- (ii) a statement or credit that promotes a political candidate or issue. Section 8905 of title 40, United States Code, section (c)(3)), a drug trafficking crime (as is amended— (2) ELIGIBLE STRUCTURE.— defined in subsection (c)(2)), or a crime under (1) in subsection (b), by striking paragraph the Arms Export Control Act (22 U.S.C. 2751 (A) IN GENERAL.—The term ‘‘eligible struc- ture’’ means a structure at a unit of the Na- (7); and et seq.), the International Emergency Eco- (2) by adding at the end the following: nomic Powers Act (50 U.S.C. 1701 et seq.), the tional Park System. ‘‘(c) DONOR CONTRIBUTIONS.— Foreign Narcotics Kingpin Designation Act (B) INCLUSIONS.—The term ‘‘eligible struc- ‘‘(1) ACKNOWLEDGMENT OF DONOR CONTRIBU- (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) ture’’ includes— TION.—Except as otherwise provided in this of the Immigration and Nationality Act (8 (i) a visitor center; subsection, the Secretary of the Interior or U.S.C. 1182(a)(2)(C)) shall be imprisoned not (ii) an administrative structure; and Administrator of General Services, as appli- more than 25 years, fined in accordance with (iii) a specific room or section of a visitor cable, may permit a sponsor to acknowledge this title, or both. center or an administrative structure. ‘‘(2) No term of imprisonment imposed on a (C) EXCLUSION.—The term ‘‘eligible struc- donor contributions at the commemorative person under this subsection shall run con- ture’’ does not include a commemorative work. currently with any term of imprisonment work (as defined in section 8902(a) of title 40, ‘‘(2) REQUIREMENTS.—An acknowledgment imposed on the person under section 932.’’. United States Code). under paragraph (1) shall— ‘‘(A) be displayed inside an ancillary struc- SEC. 306. AMENDMENTS TO SECTION 924(k). (3) LANDSCAPE FEATURE.— ture associated with the commemorative Section 924 of title 18, United States Code, (A) IN GENERAL.—The term ‘‘landscape fea- work; and is amended by striking subsection (k) and in- ture’’ means a component that conveys the ‘‘(B) conform to applicable National Park serting the following: historic character or significance of a land- Service or General Services Administration ‘‘(k)(1) A person who, with intent to engage scape. guidelines for donor recognition, as applica- in or to promote conduct that— (B) INCLUSIONS.—The term ‘‘landscape fea- ble. ‘‘(A) is punishable under the Controlled ture’’ includes— ‘‘(3) LIMITATIONS.—An acknowledgment Substances Act (21 U.S.C. 801 et seq.), the (i) an original component of, a replacement under paragraph (1) shall— Controlled Substances Import and Export of an original component of, a compatible al- ‘‘(A) be limited to an appropriate state- Act (21 U.S.C. 951 et seq.), or chapter 705 of teration to, or a new addition to the land- ment or credit recognizing the contribution; title 46; scape; ‘‘(B) be displayed in a form approved by the ‘‘(B) violates any law of a State relating to (ii) a component that ranges in scale from National Mall and Memorial Parks Donor any controlled substance (as defined in sec- a single specimen tree to— Recognition Plan and General Services Ad- tion 102 of the Controlled Substances Act, 21 (I) a group of plantings (such as a hedge or ministration guidelines; U.S.C. 802); or an alle´e of trees); and ‘‘(C) be displayed for a period of up to 10 ‘‘(C) constitutes a crime of violence (as de- (II) an entire orchard; and years, with the display period to be commen- fined in subsection (c)(3)), (iii) a pathway, stairway, or plaza. smuggles or knowingly brings into the (4) SECRETARY.—The term ‘‘Secretary’’ surate with the level of the contribution, as United States, a firearm or ammunition, or means the Secretary of the Interior. determined in accordance with the plan and attempts or conspires to do so, shall be im- SEC. 303. DONOR CONTRIBUTION ACKNOWLEDG- guidelines described in subparagraph (B); prisoned not more than 15 years, fined under MENTS AT NON-HISTORIC STRUC- ‘‘(D) be freestanding; and this title, or both. TURES IN UNITS OF THE NATIONAL ‘‘(E) not be affixed to— ‘‘(2) A person who, with intent to engage in PARK SYSTEM. ‘‘(i) any landscape feature at the com- or to promote conduct that— (a) IN GENERAL.—Subject to subsections (b) memorative work; or ‘‘(A) would be punishable under the Con- and (c), the Secretary shall allow the display ‘‘(ii) any object in a museum collection. of donor acknowledgments at eligible struc- trolled Substances Act (21 U.S.C. 801 et seq.), ‘‘(4) COST.—The sponsor shall bear all ex- tures, fixtures, and landscape fixtures within the Controlled Substances Import and Ex- penses related to the display of donor ac- the National Park System. port Act (21 U.S.C. 951 et seq.), or chapter 705 knowledgments under paragraph (1). (b) ELIGIBLE FIXTURES.— of title 46, if the conduct had occurred within ‘‘(5) APPLICABILITY.—This subsection shall (1) IN GENERAL.—Donor acknowledgments the United States; or apply to any commemorative work dedicated under subsection (a) may be affixed to bench- after January 1, 2010.’’. ‘‘(B) would constitute a crime of violence es, furnishings, bricks, and vehicles. (as defined in subsection (c)(3)) for which the (2) LIMITATION.—Any donor acknowledg- Mr. VITTER (for himself, person may be prosecuted in a court of the ment under subsection (a) associated with a SA 3542. United States, if the conduct had occurred landscape feature, an item in a museum col- Mr. CRUZ, Mr. BARRASSO, and Mr. within the United States, lection, or a historic structure shall— CRAPO) submitted an amendment in- smuggles or knowingly takes out of the (A) be freestanding; and tended to be proposed by him to the United States, a firearm or ammunition, or (B) not be affixed to the landscape feature, bill S. 2363, to protect and enhance op- attempts or conspires to do so, shall be im- item, or structure. portunities for recreational hunting, prisoned not more than 15 years, fined under (c) REQUIREMENTS.—Donor acknowledg- fishing, and shooting, and for other this title, or both.’’. ments under subsection (a) shall be dis- purposes; which was ordered to lie on played— SA 3541. Mr. COBURN (for himself (1) in a manner that is approved by the the table; as follows: and Mr. WARNER) submitted an amend- Secretary, in consultation with the Super- At the end, add the following:

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4423

TITLE III—TERMINATION OF OPERATION (B) by striking subparagraph (B); and ‘‘(D) SUBMISSION TO CONGRESS.— CHOKE POINT (2) by striking paragraphs (4) and (5). ‘‘(i) IN GENERAL.—Consistent with the SECTION 301. TERMINATION OF OPERATION (b) USE OF FLAME FUND.—Section 502(e) of schedule described in clause (ii) and in ac- CHOKE POINT. the FLAME Act of 2009 (43 U.S.C. 1748a(e)) is cordance with subparagraphs (B) and (C), the (a) IN GENERAL.—No agency of the Federal amended by striking paragraphs (1) and (2) Secretary concerned shall submit to the Government may initiate, undertake, or con- and inserting the following: Committee on Energy and Natural Resources tinue— ‘‘(1) IN GENERAL.—Amounts appropriated to of the Senate and the Committee on Natural (1) any investigation pursuant to section a FLAME Fund, in accordance with section Resources of the House of Representatives an 951 of the Financial Institutions Reform, Re- 251(b)(2)(E) of the Balanced Budget and updated estimate of wildfire suppression covery, and Enforcement Act of 1989 (12 Emergency Deficit Control Act of 1985 (2 costs for the applicable fiscal year. U.S.C. 1833a) for the purpose of carrying out U.S.C. 902(b)(2)(E)), shall be available to the ‘‘(ii) SCHEDULE.—The Secretary concerned Operation Choke Point; Secretary concerned for wildfire suppression shall submit the updated estimates under (2) any industry-wide investigation of non- operations if the Secretary concerned issues clause (i) during— depository lenders, payment processors, or a declaration and notifies the relevant con- ‘‘(I) March of each year; persons licensed pursuant to chapter 44 of gressional committees that a wildfire sup- ‘‘(II) May of each year; title 18, United States Code, that are regu- pression event is eligible for funding from ‘‘(III) July of each year; and lated by the Federal Government or a State the FLAME Fund. ‘‘(IV) if a bill making appropriations for government to engage in lawful activities, as ‘‘(2) DECLARATION CRITERIA.—A declaration the Department of the Interior and the For- such investigations were described in a pres- by the Secretary concerned under paragraph est Service for the following fiscal year has entation made by the Department of Justice (1) may be issued only if— not been enacted by September 1, September to the Federal Financial Institutions Exam- ‘‘(A) an individual wildfire incident meets of each year. ination Council on September 17, 2013; and the objective indicators of an extraordinary ‘‘(3) REPORTS.—Annually, the Secretary of (3) any enforcement action under section wildfire situation, including— Agriculture and the Secretary of the Interior 8(a) of the Federal Deposit Insurance Act (12 ‘‘(i) a wildfire that the Secretary con- shall jointly submit to the Committee on (U.S.C. 1818(a)), any cease and desist order, cerned determines has required an emer- Energy and Natural Resources of the Senate, or any bank examination for the purpose of gency Federal response based on the signifi- the Committee on Natural Resources of the terminating the relationship between a bank cant complexity, severity, or threat posed by House of Representatives, and the Commit- and any legally authorized business based on the fire to human life, property, or a re- tees on Appropriations of the Senate and the the products or services provided by that source; House of Representatives a report that— business. ‘‘(ii) a wildfire that covers 1,000 or more ‘‘(A) provides a summary of the amount of (b) DEFINITION OF STATE.—For purposes of acres; or appropriations made available during the this section, the term ‘‘State’’ means any ‘‘(iii) a wildfire that is within 10 miles of previous fiscal year, which specifies the State, territory, or possession of the United an urbanized area (as defined in section source of the amounts and the commitments States, the District of Columbia, the Com- 134(b) of title 23, United States Code); or and obligations made under this section; monwealth of Puerto Rico, the Common- ‘‘(B) the cumulative costs of wildfire sup- ‘‘(B) describes the amounts obligated to in- wealth of the Northern Mariana Islands, pression and Federal emergency response ac- dividual wildfire events that meet the cri- Guam, American Samoa, or the United tivities, as determined by the Secretary con- teria specified in subsection (e)(2); and States Virgin Islands or any Indian tribe in- cerned, would exceed, within 30 days, all of ‘‘(C) includes any recommendations that cluded on the list published by the Secretary the amounts otherwise previously appro- the Secretary of Agriculture or the Sec- of the Interior in accordance with section 104 priated (including amounts appropriated retary of the Interior may have to improve of the Federally Recognized Indian Tribe under an emergency designation, but exclud- the administrative control and oversight of List Act of 1994 (25 U.S.C. 479a–1). ing amounts appropriated to the FLAME the FLAME Fund.’’. Fund) to the Secretary concerned for wild- SEC. 303. WILDFIRE DISASTER FUNDING AU- SA 3543. Mr. MCCAIN submitted an fire suppression and Federal emergency re- THORITY. sponse.’’. amendment intended to be proposed by (a) IN GENERAL.—Section 251(b)(2) of the (c) TREATMENT OF ANTICIPATED AND PRE- him to the bill S. 2363, to protect and Balanced Budget and Emergency Deficit DICTED ACTIVITIES.—Section 502(f) of the enhance opportunities for recreational Control Act of 1985 (2 U.S.C. 901(b)(2)) is FLAME Act of 2009 (43 U.S.C. 1748a(f)) is hunting, fishing, and shooting, and for amended by striking ‘‘(e)(2)(B)(i)’’ and in- amended by adding at the end the following: other purposes; which was ordered to serting ‘‘(e)(2)(A)’’. ‘‘(E) FLAME WILDFIRE SUPPRESSION.— lie on the table; as follows: (d) PROHIBITION ON OTHER TRANSFERS.— ‘‘(i)(I) The adjustments for a fiscal year shall be in accordance with clause (ii) if— At the end, add the following: Section 502 of the FLAME Act of 2009 (43 ‘‘(aa) a bill or joint resolution making ap- TITLE III—FOREST MANAGEMENT U.S.C. 1748a) is amended by striking sub- section (g) and inserting the following: propriations for a fiscal year is enacted Subtitle A—FLAME Act Amendment ‘‘(g) PROHIBITION ON OTHER TRANSFERS.— that— SEC. 301. FINDINGS. The Secretary concerned shall not transfer ‘‘(AA) specifies an amount for wildfire sup- Congress finds that— funds provided for activities other than wild- pression operations in the Wildland Fire (1) over the past 2 decades, wildfires have fire suppression operations to pay for any Management accounts at the Department of increased dramatically in size and costs; wildfire suppression operations.’’. Agriculture or the Department of the Inte- (2) existing budget mechanisms for esti- (e) ACCOUNTING AND REPORTS.—Section rior; and mating the costs of wildfire suppression are 502(h) of the FLAME Act of 2009 (43 U.S.C. ‘‘(BB) specifies a total amount to be used not keeping pace with the actual costs for 1748a(h)) is amended by striking paragraphs for the purposes described in subclause (II) in wildfire suppression due in part to improper (2) and (3) and inserting the following: the Wildland Fire Management accounts at budget estimation methodology; ‘‘(2) ESTIMATES OF WILDFIRE SUPPRESSION the Department of Agriculture or the De- (3) the FLAME Funds have not been ade- OPERATIONS COSTS TO IMPROVE BUDGETING AND partment of the Interior that is not less than quate in supplementing wildland fire man- FUNDING.— 50 percent of the amount described in agement funds in cases in which wildland ‘‘(A) BUDGET SUBMISSION.—Consistent with subitem (AA); and fire management accounts are exhausted; section 1105(a) of title 31, United States ‘‘(bb) as of the day before the date of enact- and Code, the President shall include in each ment of the bill or joint resolution all (4) the practice of transferring funds from budget for the Department of Agriculture amounts in the FLAME Fund established other agency funds (including the hazardous and the Department of the Interior informa- under section 502 of the FLAME Act of 2009 fuels treatment accounts) by the Secretary tion on estimates of appropriations for wild- (43 U.S.C. 1748a) have been expended. of Agriculture or the Secretary of the Inte- fire suppression costs based on an out-year ‘‘(II) The purposes described in this sub- rior to pay for wildfire suppression activi- forecast that uses a statistically valid re- clause are— ties, commonly known as ‘‘fire-borrowing’’, gression model. ‘‘(aa) hazardous fuels reduction projects does not support the missions of the Forest ‘‘(B) REQUIREMENTS.—The estimate of an- and other activities of the Secretary of the Service and the Department of the Interior ticipated wildfire suppression costs under Interior, as authorized under the Healthy with respect to protecting human life and subparagraph (A) shall be developed using Forests Restoration Act of 2003 (16 U.S.C. property from the threat of wildfires. the best available— 6501 et seq.) and the Tribal Forest Protection SEC. 302. FLAME ACT AMENDMENT. ‘‘(i) climate, weather, and other relevant Act of 2004 (25 U.S.C. 3115a); and (a) FUNDING.—Section 502(d) of the FLAME data; and ‘‘(bb) forest restoration and fuel reduction Act of 2009 (43 U.S.C. 1748a(d)) is amended— ‘‘(ii) models and other analytic tools. activities carried out outside of the wildland (1) in paragraph (1)— ‘‘(C) INDEPENDENT REVIEW.—The method- urban interface that are on condition class 3 (A) by striking ‘‘shall consist of’’ and all ology for developing the estimates of wild- Federal land or condition class 2 Federal that follows through ‘‘appropriated to’’ in fire suppression costs under subparagraph land located within fire regime I, fire regime subparagraph (A) and inserting ‘‘shall con- (A) shall be subject to periodic independent II, or fire regime III. sist of such amounts as are appropriated to’’; review to ensure compliance with subpara- ‘‘(ii) If the requirements under clause (i)(I) and graph (B). are met for a fiscal year, the adjustments for

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4424 CONGRESSIONAL RECORD — SENATE July 10, 2014

that fiscal year shall be the amount of addi- (4) NATIONAL FOREST SYSTEM.— et seq.) by completing an environmental as- tional new budget authority provided in the (A) IN GENERAL.—The term ‘‘National For- sessment that assesses the direct environ- bill or joint resolution described in clause est System’’ has the meaning given the term mental effects of each covered project pro- (i)(I)(aa) for wildfire suppression operations in section 11(a) of the Forest and Rangeland posed to be conducted within a Forest Man- for that fiscal year, but shall not exceed Renewable Resources Planning Act of 1974 agement Emphasis Area, except that the $1,000,000,000 in additional new budget au- (16 U.S.C. 1609(a)). Secretary shall not be required to study, de- thority in each of fiscal years 2015 through (B) EXCLUSION.—The term ‘‘National For- velop, or describe more than the proposed 2021. est System’’ does not include— agency action and 1 alternative to the pro- ‘‘(iii) As used in this subparagraph— (i) the national grasslands and land utiliza- posed agency action for purposes of that Act. ‘‘(I) the term ‘additional new budget au- tion projects administered under title III of (2) PUBLIC NOTICE AND COMMENT.—In pre- thority’ means the amount provided for a fis- the Bankhead-Jones Farm Tenant Act (7 paring an environmental assessment for a cal year in an appropriation Act and speci- U.S.C. 1010 et seq.); or covered project under paragraph (1), the Sec- fied to pay for the costs of wildfire suppres- (ii) National Forest System land east of retary shall provide— sion operations that is equal to the greater the 100th meridian. (A) public notice of the covered project; of the amount in excess of— (5) SECRETARY.—The term ‘‘Secretary’’ and ‘‘(aa) 100 percent of the average costs for means the Secretary of Agriculture. (B) an opportunity for public comment on wildfire suppression operations over the pre- SEC. 312. PROJECTS IN FOREST MANAGEMENT the covered project. vious 5 years; or EMPHASIS AREAS. (3) LENGTH.—The environmental assess- ‘‘(bb) the estimated amount of anticipated (a) CONDUCT OF COVERED PROJECTS WITHIN ment prepared for a covered project under wildfire suppression costs at the upper bound FOREST MANAGEMENT EMPHASIS AREAS.— paragraph (1) shall not exceed 100 pages in of the 90 percent confidence interval for that (1) IN GENERAL.—The Secretary may con- length. fiscal year calculated in accordance with duct covered projects in Forest Management (4) INCLUSION OF CERTAIN DOCUMENTS.—The section 502(h)(3) the FLAME Act of 2009 (43 Emphasis Areas, subject to paragraphs (2) Secretary may incorporate, by reference, U.S.C. 1748a(h)(3)); and through (4). into an environmental assessment any docu- ‘‘(II) the term ‘wildfire suppression oper- (2) DESIGNATING TIMBER FOR CUTTING.— ments that the Secretary, in the sole discre- ations’ means the emergency and unpredict- (A) IN GENERAL.—Notwithstanding section tion of the Secretary, determines are rel- able aspects of wildland firefighting includ- 14(g) of the National Forest Management Act evant to the assessment of the environ- ing support, response, and emergency sta- of 1976 (16 U.S.C. 472a(g)), the Secretary may mental effects of the covered project. use designation by prescription or designa- bilization activities; other emergency man- (5) DEADLINE FOR COMPLETION.—Not later agement activities; and funds necessary to tion by description in conducting covered than 180 days after the date on which the projects under this subtitle. repay any transfers needed for these costs. Secretary has published notice of a covered (B) REQUIREMENT.—The designation meth- ‘‘(iv) The average costs for wildfire sup- project in accordance with paragraph (2), the ods authorized under subparagraph (A) shall pression operations over the previous 5 years Secretary shall complete the environmental be used in a manner that ensures that the shall be calculated annually and reported in assessment for the covered project. quantity of national forest material that is the President’s Budget submission under sec- (c) COMPLIANCE WITH ENDANGERED SPECIES removed from the Forest Management Em- tion 1105(a) of title 31, United States Code, ACT.—To comply with the Endangered Spe- phasis Area is verifiable and accountable. for each fiscal year.’’. cies Act of 1973 (16 U.S.C. 1531 et seq.), the (3) CONTRACTING METHODS.— (b) DISASTER FUNDING.—Section 251(b)(2)(D) Secretary shall use qualified professionals on (A) IN GENERAL.—Timber sale contracts of the Balanced Budget and Emergency Def- the staff of the Forest Service to make de- under section 14 of the National Forest Man- icit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) terminations required under section 7 of that agement Act of 1976 (16 U.S.C. 472a) shall be is amended— Act (16 U.S.C. 1536). the primary means of carrying out covered (1) in clause (i)— (d) LIMITATION ON REVISION OF NATIONAL projects under this subtitle. (A) in subclause (I), by striking ‘‘and’’ and FOREST PLANS.—The Secretary may not, dur- (B) RECORD.—If the Secretary does not use inserting ‘‘plus’’; ing a revision of a forest plan under section a timber sale contract under section 14 of the (B) in subclause (II), by striking the period 6 of the Forest and Rangeland Renewable Re- National Forest Management Act of 1976 (16 and inserting ‘‘; less’’; and sources Planning Act of 1974 (16 U.S.C. 1604), U.S.C. 472a) to carry out a covered project (C) by adding the following: reduce the acres designated as suitable for under this subtitle, the Secretary shall pro- ‘‘(III) the additional new budget authority timber harvest under a covered project, un- vide a written record specifying the reasons provided in an appropriation Act for wildfire less the Secretary determines, in consulta- that different contracting methods were suppression operations pursuant to subpara- tion with the Secretary of the Interior, that used. graph (E) for the preceding fiscal year.’’; and the reduction in acreage is necessary to pre- (4) ACREAGE TREATMENT REQUIREMENTS.— (2) by adding at the end the following: vent a jeopardy finding under section 7(b) of (A) TOTAL ACREAGE REQUIREMENTS.—The ‘‘(v) Beginning in fiscal year 2016 and in the Endangered Species Act of 1973 (16 U.S.C. Secretary shall identify, prioritize, and carry subsequent fiscal years, the calculation of 1536(b)). out covered projects in Forest Management the ‘average funding provided for disaster re- SEC. 313. ADMINISTRATIVE REVIEW; ARBITRA- Emphasis Areas that mechanically treat a lief over the previous 10 years’ shall not in- TION. total of at least 7,500,000 acres in the Forest (a) ADMINISTRATIVE REVIEW.—Administra- clude the additional new budget authority Management Emphasis Areas during the 15- tive review of a covered project shall occur provided in an appropriation Act for wildfire year period beginning on the date that is 60 only in accordance with the special adminis- suppression operations pursuant to subpara- days after the date on which the Secretary trative review process established by section graph (E).’’. assigns the acreage treatment requirements 105 of the Healthy Forests Restoration Act of Subtitle B—Forest Treatment Projects under subparagraph (B). 2003 (16 U.S.C. 6515). SEC. 311. DEFINITIONS. (B) ASSIGNMENT OF ACREAGE TREATMENT RE- (b) ARBITRATION.— In this subtitle: QUIREMENTS TO INDIVIDUAL UNITS OF THE NA- (1) IN GENERAL.—There is established in the (1) COVERED PROJECT.—The term ‘‘covered TIONAL FOREST SYSTEM.— Department of Agriculture a pilot program project’’ means a project that involves the (i) IN GENERAL.—Not later than 60 days that— management or sale of national forest mate- after the date of enactment of this Act and (A) authorizes the use of arbitration in- rial within a Forest Management Emphasis subject to clause (ii), the Secretary, in the stead of judicial review of a decision made Area. sole discretion of the Secretary, shall assign following the special administrative review (2) FOREST MANAGEMENT EMPHASIS AREA.— the acreage treatment requirements that process for a covered project described in (A) IN GENERAL.—The term ‘‘Forest Man- shall apply to the Forest Management Em- subsection (a); and agement Emphasis Area’’ means National phasis Areas of each unit of the National (B) shall be the sole means to challenge a Forest System land identified as suitable for Forest System. covered project in a Forest Management Em- timber production in a forest management (ii) LIMITATION.—Notwithstanding clause phasis Area during the 15-year period begin- plan in effect on the date of enactment of (i), the acreage treatment requirements as- ning on the date that is 60 days after the this Act. signed to a specific unit of the National For- date on which the Secretary assigns the (B) EXCLUSIONS.—The term ‘‘Forest Man- est System under that clause may not apply acreage treatment requirements under sec- agement Emphasis Area’’ does not include to more than 25 percent of the acreage to be tion 312(a)(4)(B). National Forest System land— treated in any unit of the National Forest (2) ARBITRATION PROCESS PROCEDURES.— (i) that is a component of the National Wil- System in a Forest Management Emphasis (A) IN GENERAL.—Any person who sought derness Preservation System; or Area during the 15-year period described in administrative review for a covered project (ii) on which removal of vegetation is spe- subparagraph (A). in accordance with subsection (a) and who is cifically prohibited by Federal law. (b) ENVIRONMENTAL ANALYSIS AND PUBLIC not satisfied with the decision made under (3) NATIONAL FOREST MATERIAL.—The term REVIEW PROCESS FOR COVERED PROJECTS IN the administrative review process may file a ‘‘national forest material’’ means trees, por- FOREST MANAGEMENT EMPHASIS AREAS.— demand for arbitration in accordance with— tions of trees, or forest products, with an (1) ENVIRONMENTAL ASSESSMENT.—The Sec- (i) chapter 1 of title 9, United States Code; emphasis on sawtimber and pulpwood, de- retary shall comply with the National Envi- and rived from National Forest System land. ronmental Policy Act of 1969 (42 U.S.C. 4321 (ii) this paragraph.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4425

(B) REQUIREMENTS FOR DEMAND.—A demand tablished under section 14(h) of the National shall transmit to the Director of the Office for arbitration under subparagraph (A) Forest Management Act of 1976 (16 U.S.C. of Management and Budget a copy of the shall— 472a(h)) in contributions equal to the written notice submitted under clause (i).’’. (i) be filed not more than 30 days after the amounts otherwise collected under those date on which the special administrative re- Acts for projects conducted on National For- SA 3544. Mr. HEINRICH (for himself view decision is issued under subsection (a); est System land. and Mr. TESTER) submitted an amend- and (c) DEPOSIT IN GENERAL FUND OF THE ment intended to be proposed by him (ii) include a proposal containing the modi- TREASURY.—After compliance with sub- to the bill S. 2363, to protect and en- sections (a) and (b), the Secretary shall de- fications sought to the covered project. hance opportunities for recreational (C) INTERVENING PARTIES.— posit into the general fund of the Treasury (i) DEADLINE FOR SUBMISSION; REQUIRE- any remaining amounts received by the Sec- hunting, fishing, and shooting, and for MENTS.—Any person that submitted a public retary for each of the fiscal years referred to other purposes; which was ordered to comment on the covered project subject to in those subsections from covered projects. lie on the table; as follows: the demand for arbitration may intervene in SEC. 315. PERFORMANCE MEASURES; REPORT- At the end of the bill, add the following: ING. the arbitration under this subsection by sub- TITLE III—PROTECTION OF TREATIES (a) PERFORMANCE MEASURES.—The Sec- mitting a proposal endorsing or modifying AND RIGHTS OF INDIAN TRIBES the covered project by the date that is 30 retary shall develop performance measures days after the date on which the demand for that evaluate the degree to which the Sec- SEC. 3llll. PROTECTION OF TREATIES AND RIGHTS OF INDIAN TRIBES. arbitration is filed under subparagraph (A). retary is achieving— (a) DEFINITION OF INDIAN TRIBE.—In this (ii) MULTIPLE PARTIES.—Multiple objectors (1) the purposes of this subtitle; and section, the term ‘‘Indian tribe’’ has the or intervening parties that meet the require- (2) the minimum acreage requirements es- meaning given the term in section 4 of the ments of clause (i) may submit a joint pro- tablished under section 312(a)(4). Indian Self-Determination and Education posal under that clause. (b) ANNUAL REPORTS.—Annually, the Sec- Assistance Act (25 U.S.C. 450b). (D) APPOINTMENT OF ARBITRATOR.—The retary shall submit to the Committee on En- (b) EFFECT OF ACT.—Notwithstanding any United States District Court in the district ergy and Natural Resources of the Senate other provision of law, nothing in this Act or in which a covered project subject to a de- and the Committee on Natural Resources of the amendments made by this Act affects or mand for arbitration filed under subpara- the House of Representatives— modifies any treaty or other right of any In- graph (A) is located shall appoint an arbi- (1) a report that describes the results of dian tribe, including the protection of sacred trator to conduct the arbitration pro- evaluations using the performance measures and cultural areas. ceedings in accordance with this subsection. developed under subsection (a); and (c) DUTIES OF THE SECRETARIES WITH RE- (E) SELECTION OF PROPOSALS.— (2) a report that describes— SPECT TO TREATY RIGHTS.—In carrying out (i) IN GENERAL.—An arbitrator appointed (A) the number and substance of the cov- this Act or the amendments made by this under subparagraph (D)— ered projects that are subject to administra- Act, the Secretary of the Interior and the (I) may not modify any of the proposals tive review and arbitration under section 313; Secretary of Agriculture shall take appro- submitted under this paragraph; and and priate measures to uphold treaty and other (II) shall select to be conducted— (B) the outcomes of the administrative re- rights of Indian tribes, including protecting (aa) a proposal submitted by an objector view and arbitration under that section. and preserving sacred and cultural areas of under subparagraph (B)(ii) or an intervening SEC. 316. TERMINATION. Indian tribes located on Federal public land. party under subparagraph (C); or The authority of this subtitle terminates on the date that is 15 years after the date of (bb) the covered project, as approved by SA 3545. Mr. CORNYN (for himself, the Secretary. enactment of this Act. Mr. VITTER, Mr. THUNE, Mr. BLUNT, and (ii) SELECTION CRITERIA.—An arbitrator Subtitle C—Forest Stewardship Contracting Mr. BARRASSO) submitted an amend- shall select the proposal that best meets the SEC. 321. CANCELLATION CEILINGS. purpose and needs described in the environ- Section 604(d) of the Healthy Forests Res- ment intended to be proposed by him mental assessment conducted under section toration Act of 2003 (16 U.S.C. 6591c(d)) is to the bill S. 2363, to protect and en- 312(b)(1) for the covered project. amended— hance opportunities for recreational (iii) EFFECT.—The decision of an arbitrator (1) by redesignating paragraphs (5), (6), and hunting, fishing, and shooting, and for with respect to a selection under clause (7) as paragraphs (6), (7), and (8), respec- other purposes; which was ordered to (i)(II)— tively; and lie on the table; as follows: (I) shall not be considered a major Federal (2) by inserting after paragraph (4) the fol- At the appropriate place, insert the fol- action; lowing: lowing: (II) shall be binding; and ‘‘(5) CANCELLATION CEILINGS.— SEC. ll. CONSTITUTIONAL CONCEALED CARRY (III) shall not be subject to judicial review. ‘‘(A) IN GENERAL.—The Chief and the Direc- RECIPROCITY ACT OF 2014. (F) DEADLINE FOR COMPLETION.—Not later tor may obligate funds to cover any poten- (a) SHORT TITLE.—This section may be than 90 days after the date on which a de- tial cancellation or termination costs for an cited as the ‘‘Constitutional Concealed Carry mand for arbitration is filed under subpara- agreement or contract under subsection (b) Reciprocity Act of 2014’’. graph (A), the arbitration process shall be in stages that are economically or program- (b) RECIPROCITY FOR THE CARRYING OF CER- completed. matically viable. TAIN CONCEALED FIREARMS.— SEC. 314. DISTRIBUTION OF REVENUE. ‘‘(B) NOTICE.— (1) IN GENERAL.—Chapter 44 of title 18, (a) PAYMENTS TO COUNTIES.— ‘‘(i) SUBMISSION TO CONGRESS.—Not later United States Code, is amended by inserting (1) IN GENERAL.—Effective for fiscal year than 30 days before entering into a multiyear after section 926C the following: 2015 and each fiscal year thereafter until the agreement or contract under subsection (b) termination date under section 316, the Sec- that includes a cancellation ceiling in excess ‘‘§ 926D. Reciprocity for the carrying of cer- retary shall provide to each county in which of $25,000,000, but does not include proposed tain concealed firearms a covered project is carried out annual pay- funding for the costs of cancelling the agree- ‘‘(a) IN GENERAL.—Notwithstanding any ments in an amount equal to 25 percent of ment or contract up to the cancellation ceil- provision of the law of any State or political the amounts received for the applicable fis- ing established in the agreement or contract, subdivision thereof to the contrary— cal year by the Secretary from the covered the Chief and the Director shall submit to ‘‘(1) an individual who is not prohibited by project. the Committee on Energy and Natural Re- Federal law from possessing, transporting, (2) LIMITATION.—A payment made under sources of the Senate and the Committee on shipping, or receiving a firearm, and who is paragraph (1) shall be in addition to any pay- Natural Resources of the House of Rep- carrying a government-issued photographic ments the county receives under the pay- resentatives a written notice that includes— identification document and a valid license ment to States required by the sixth para- ‘‘(I)(aa) the cancellation ceiling amounts or permit which is issued pursuant to the law graph under the heading ‘‘FOREST SERVICE’’ proposed for each program year in the agree- of a State and which permits the individual in the Act of May 23, 1908 (35 Stat. 260; 16 ment or contract; and to carry a concealed firearm, may possess or U.S.C. 500), and section 13 of the Act of ‘‘(bb) the reasons for the cancellation ceil- carry a concealed handgun (other than a ma- March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). ing amounts proposed under item (aa); chinegun or destructive device) that has (b) DEPOSIT IN KNUTSON-VANDENBERG AND ‘‘(II) the extent to which the costs of con- been shipped or transported in interstate or SALVAGE SALE FUNDS.—After compliance tract cancellation are not included in the foreign commerce in any State other than with subsection (a), the Secretary shall use budget for the agreement or contract; and the State of residence of the individual amounts received by the Secretary from cov- ‘‘(III) a financial risk assessment of not in- that— ered projects during each of the fiscal years cluding budgeting for the costs of agreement ‘‘(A) has a statue that allows residents of during the period described in subsection (a) or contract cancellation. the State to obtain licenses or permits to to make deposits into the fund established ‘‘(ii) TRANSMITTAL TO OMB.—At least 14 carry concealed firearms; or under section 3 of the Act of June 9, 1930 days before the date on which the Chief and ‘‘(B) does not prohibit the carrying of con- (commonly known as the ‘‘Knutson-Vanden- Director enter into an agreement or contract cealed firearms by residents of the State for berg Act’’) (16 U.S.C. 576b) and the fund es- under subsection (b), the Chief and Director lawful purposes; and

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4426 CONGRESSIONAL RECORD — SENATE July 10, 2014 ‘‘(2) an individual who is not prohibited by SEC. lll. POINT OF ORDER AGAINST SELLING SA 3548. Mr. MURPHY submitted an Federal law from possessing, transporting, FEDERAL LAND IN ORDER TO RE- amendment intended to be proposed by shipping, or receiving a firearm, and who is DUCE THE DEFICIT. (a) IN GENERAL.—Except as provided in him to the bill S. 2410, to authorize ap- carrying a government-issued photographic propriations for fiscal year 2015 for identification document and is entitled and subsection (b), it shall not be in order in the not prohibited from carrying a concealed Senate to consider any bill, joint resolution, military activities of the Department firearm in the State in which the individual amendment, motion, amendment between of Defense, for military construction, the houses, or conference report that sells resides otherwise than as described in para- and for defense activities of the De- any Federal land and uses the proceeds of graph (1), may possess or carry a concealed partment of Energy, to prescribe mili- the sale to reduce the Federal deficit. handgun (other than a machinegun or de- (b) EXCEPTION.—Subsection (a) shall not tary personnel strengths for such fiscal structive device) that has been shipped or apply to the sale of Federal land as part of a year, and for other purposes; which was transported in interstate or foreign com- program that acquires land in the same ordered to lie on the table; as follows: merce in any State other than the State of State that is of comparable value or contains At the end of subtitle H of title X, add the residence of the individual that— exceptional resources. following: ‘‘(A) has a statute that allows residents of (c) SUPERMAJORITY WAIVER AND APPEAL IN the State to obtain licenses or permits to SEC. 1087. METHODS FOR VALIDATING CERTAIN THE SENATE.— SERVICE CONSIDERED TO BE AC- carry concealed firearms; or (1) WAIVER.—This section may be waived or TIVE SERVICE BY THE SECRETARY ‘‘(B) does not prohibit the carrying of con- suspended only by the affirmative vote of OF VETERANS AFFAIRS. cealed firearms by residents of the State for three-fifths of the Members, duly chosen and (a) FINDINGS.—Congress makes the fol- lawful purposes. sworn. lowing findings: ‘‘(b) CONDITIONS AND LIMITATIONS.—The (2) APPEAL.—An affirmative vote of three- (1) The Merchant Marine Act, 1936 estab- possession or carrying of a concealed hand- fifths of the Members, duly chosen and lished the United States Maritime Commis- gun in a State under this section shall be sworn, shall be required to sustain an appeal sion, and stated as a matter of policy that subject to the same conditions and limita- of the ruling of the Chair on a point of order the United States should have a merchant tions, except as to eligibility to possess or raised under this section. marine that is ‘‘capable of serving as a naval carry, imposed by or under Federal or State and military auxiliary in time of war or na- law or the law of a political subdivision of a SA 3547. Mr. REED submitted an tional emergency’’. State, that apply to the possession or car- amendment intended to be proposed by (2) The Social Security Act Amendments of rying of a concealed handgun by residents of him to the bill S. 2410, to authorize ap- 1939 (Public Law 76–379) expanded the defini- the State or political subdivision who are li- propriations for fiscal year 2015 for tion of employment to include service ‘‘on or censed by the State or political subdivision military activities of the Department in connection with an American vessel under to do so, or not prohibited by the State from of Defense, for military construction, contract of service which is entered into doing so. and for defense activities of the De- within the United States or during the per- formance of which the vessel touches at a ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In partment of Energy, to prescribe mili- port in the United States, if the employee is a State that allows the issuing authority for tary personnel strengths for such fiscal employed on and in connection with such licenses or permits to carry concealed fire- year, and for other purposes; which was vessel’’. arms to impose restrictions on the carrying ordered to lie on the table; as follows: (3) The Joint Resolution to repeal sections of firearms by individual holders of such li- At the end of subtitle B of title V, add the 2, 3, and 6 of the Neutrality Act of 1939, and censes or permits, an individual carrying a following: for other purposes (Public Law 77–294; 55 concealed handgun under this section shall SEC. 515. RIGHTS OF APPEAL IN CERTAIN AD- Stat. 764) repealed section 6 of the Neutrality be permitted to carry a concealed handgun VERSE PERSONNEL ACTIONS FOR Act of 1939 (related to the arming of United according to the same terms authorized by MILITARY TECHNICIANS. States vessels) and authorized the President an unrestricted license of or permit issued to (a) RIGHTS OF GRIEVANCE, ARBITRATION, AP- during the national emergency to arm or a resident of the State. PEAL, AND REVIEW BEYOND AG.—Section 709 permit to arm any United States vessel. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in of title 32, United States Code, is amended— (4) On February 7, 1942, President Franklin this section shall be construed to preempt (1) in subsection (f)— D. Roosevelt, through Executive Order Num- any provision of State law with respect to (A) in the matter preceding paragraph (1), ber 9054, established the War Shipping Ad- the issuance of licenses or permits to carry by striking ‘‘Notwithstanding any other pro- ministration that was charged with building concealed firearms.’’. vision of law and under’’ and inserting or purchasing, and operating the civilian (2) CLERICAL AMENDMENT.—The table of ‘‘Under’’; and shipping vessels needed for the war effort. sections for chapter 44 of title 18, United (B) in paragraph (4), by striking ‘‘a right of (5) During World War II, United States States Code, is amended by inserting after appeal’’ and inserting ‘‘subject to subsection merchant mariners transported goods and the item relating to section 926C the fol- (j), a right of appeal’’; and materials through ‘‘contested waters’’ to the lowing: (2) by adding at the end the following new various combat theaters. subsection: (6) At the conclusion of World War II, ‘‘926D. Reciprocity for the carrying of cer- ‘‘(j)(1) Notwithstanding subsection (f)(4) or tain concealed firearms.’’. United States merchant mariners were re- any other provision of law, a technician and sponsible for transporting several million (3) SEVERABILITY.—Notwithstanding any a labor organization that is the exclusive members of the United States Armed Forces other provision of this Act, if any provision representative of a bargaining unit including back to the United States. of this section, or any amendment made by the technician shall have the rights of griev- (7) The GI Bill Improvement Act of 1977 this section, or the application of such provi- ance, arbitration, appeal, and review extend- (Public Law 95–202) provided that the Sec- sion or amendment to any person or cir- ing beyond the adjutant general of the juris- retary of Defense could determine that serv- cumstance is held to be unconstitutional, diction concerned and to the Merit Systems ice for the Armed Forces by organized groups this section and amendments made by this Protection Board and thereafter to the of civilians, or contractors, be considered section and the application of such provision United States Court of Appeals for the Fed- ‘‘active service’’ for benefits administered by or amendment to other persons or cir- eral Circuit, in the same manner as provided the Veterans Administration. cumstances shall not be affected thereby. in sections 4303, 7121, and 7701–7703 of title 5, (8) Department of Defense Directive 1000.20 (4) EFFECTIVE DATE.—The amendments with respect to a performance-based or ad- made by this section shall take effect 90 days verse action imposing removal, suspension directed that the determination be made by after the date of enactment of this Act. for more than 14 days, furlough for 30 days or the Secretary of the Air Force, and estab- less, or reduction in pay or pay band (or lished the Civilian/Military Service Review comparable reduction). Board and Advisory Panel. SA 3546. Mr. WALSH (for himself, ‘‘(2) This subsection does not apply to a (9) In 1987, three merchant mariners along Mr. UDALL of Colorado, and Mr. HEIN- technician who is serving under a temporary with the AFL–CIO sued Edward C. Aldridge, RICH) submitted an amendment in- appointment or in a trial or probationary pe- Secretary of the Air Force, challenging the tended to be proposed to amendment riod.’’. denial of their application for veterans sta- (b) ADVERSE ACTIONS COVERED.—Sub- tus. In Schumacher v. Aldridge (665 F. Supp. SA 3456 submitted by Mr. CRUZ and in- section (g) of such section is amended by 41 (D.D.C. 1987)), the Court determined that tended to be proposed to the bill S. striking ‘‘, 3502, 7511, and 7512’’ and inserting Secretary Aldridge had failed to ‘‘articulate 2363, to protect and enhance opportuni- ‘‘and 3502’’. clear and intelligible criteria for the admin- ties for recreational hunting, fishing, (c) CONFORMING AMENDMENTS.—Section istration’’ of the application approval proc- and shooting, and for other purposes; 7511(b) of title 5, United States Code, is ess. which was ordered to lie on the table; amended— (10) During World War II, women were re- as follows: (1) by striking paragraph (5); and peatedly denied issuance of official docu- (2) by redesignating paragraphs (6) through mentation affirming their merchant marine In lieu of the matter proposed to be added, (10) as paragraphs (5) through (9), respec- seamen status by the War Shipping Adminis- add the following: tively. tration.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4427 (11) Coast Guard Information Sheet #77 larly organized groups as agents of the On page 5, line 11, strike ‘‘(I)’’ and insert (April 1992) identifies the following accept- United States who were authorized to docu- ‘‘(aa)’’ and move such item 2 ems to the able forms of documentation for eligibility ment any individual for purposes of hiring right. meeting the requirements set forth in GI Bill the individual to perform service in the mer- On page 5, line 13, strike ‘‘(II)’’ and insert Improvement Act of 1977 (Public Law 95–202) chant marine or discharging an individual ‘‘(bb)’’ and move such item 2 ems to the and Veterans Programs Enhancement Act of from such service. right. 1998 (Public Law 105–368): (c) TREATMENT OF OTHER DOCUMENTA- On page 5, line 14, strike the period at the (A) Certificate of shipping and discharge TION.—Other documentation accepted by the end and insert ‘‘; and’’. forms. Secretary of Homeland Security pursuant to On page 5, between lines 14 and 15, insert (B) Continuous discharge books (ship’s subsection (b)(2) shall satisfy all require- the following: deck or engine logbooks). ments for eligibility of service during the pe- (ii) by adding at the end the following: (C) Company letters showing vessel names riod beginning on December 7, 1941, and end- ‘‘(iii) DEADLINE EXTENSIONS.— and dates of voyages. ing on December 31, 1946. ‘‘(I) IN GENERAL.—If the mandatory (12) Coast Guard Commandant Order of 20 (d) BENEFITS ALLOWED.— recoupment amount under subparagraph (A) March, 1944, relieved masters of tugs, (1) BURIAL BENEFITS ELIGIBILITY.—Service is more than $1,000,000,000 in any given cal- towboats, and seagoing barges of the respon- of an individual that is considered active endar year, the Secretary may extend the sibility of submitting reports of seamen duty pursuant to subsection (b) shall be con- applicable deadline for collecting terrorism shipped or discharged on forms, meaning cer- sidered as active duty service with respect to loss risk-spreading premiums under clause tificates of shipping and discharge forms are providing burial benefits under chapters 23 (i) for a period not to exceed more than 10 not available to all eligible individuals seek- and 24 of title 38, United States Code, to the years after the date on which such act of ter- ing to document their eligibility. individual. rorism occurred. (13) Coast Guard Information Sheet #77 (2) MEDALS, RIBBONS, AND DECORATIONS.— ‘‘(II) DETERMINATION.—Any determination (April 1992) states that ‘‘deck logs were tra- An individual whose service is recognized as by the Secretary to grant an extension under ditionally considered to be the property of active duty pursuant to subsection (b) may subclause (I) shall be based on— the owners of the ships. After World War II, be awarded an appropriate medal, ribbon, or ‘‘(aa) the economic conditions in the com- however, the deck and engine logbooks of other military decoration based on such mercial marketplace, including the capital- vessels operated by the War Shipping Admin- service. ization, profitability, and investment re- istration were turned over to that agency by (3) STATUS OF VETERAN.—An individual turns of the insurance industry and the cur- the ship owners, and were destroyed during whose service is recognized as active duty rent cycle of the insurance markets; the 1970s’’, meaning that continuous dis- pursuant to subsection (b) shall be honored ‘‘(bb) the affordability of commercial in- charge books are not available to all eligible as a veteran but shall not be entitled by rea- surance for small- and medium-sized busi- individuals seeking to document their eligi- son of such recognized service to any benefit nesses; and bility. that is not described in this subsection. ‘‘(cc) such other factors as the Secretary (14) Coast Guard Information Sheet #77 (e) DETERMINATION OF COASTWISE MER- considers appropriate. (April 1992) states ‘‘some World War II period CHANT SEAMAN.—The Secretary of Homeland ‘‘(III) REPORT.—If the Secretary grants an log books do not name ports visited during Security shall verify that an individual per- extension under subclause (I), the Secretary the voyage due to wartime security restric- formed service under honorable conditions shall promptly submit to Congress a report— tions’’, meaning that company letters show- that satisfies the requirements of a coast- ‘‘(aa) justifying the reason for such exten- ing vessel names and dates of voyages are wise merchant seaman pursuant to this sec- sion; and not available to all eligible individuals seek- tion without regard to the sex, age, or dis- ‘‘(bb) detailing a plan for the collection of ing to document their eligibility. ability of the individual during the period in the required terrorism loss risk-spreading (b) IN GENERAL.—For the purposes of which the individual served as such a coast- premiums.’’. verifying that an individual performed serv- wise merchant seaman. ice under honorable conditions that satisfies (f) DEFINITION OF PRIMARY NEXT OF KIN.— SA 3550. Mr. VITTER submitted an the requirements of a coastwise merchant In this section, the term ‘‘primary next of amendment intended to be proposed by seaman who is recognized pursuant to sec- kin’’ with respect to an individual seeking him to the bill S. 2244, to extend the tion 401 of the GI Bill Improvement Act of recognition for service under this section termination date of the Terrorism In- 1977 (Public Law 95–202; 38 U.S.C. 106 note) as means the closest living relative of the indi- vidual who was alive during the period of surance Program established under the having performed active duty service for the Terrorism Risk Insurance Act of 2002, purposes described in subsection (d)(1), the such service. Secretary of Homeland Security shall accept (g) EFFECTIVE DATE.—This section shall and for other purposes; which was or- the following: take effect 90 days after the date of the en- dered to lie on the table; as follows: (1) In the case of an individual who served actment of this Act. On page 13, after line 22, add the following: on a coastwise merchant vessel seeking such Mr. COBURN submitted an SEC. 8. MEMBERSHIP OF BOARD OF GOVERNORS recognition for whom no applicable Coast SA 3549. OF THE FEDERAL RESERVE SYSTEM. Guard shipping or discharge form, ship log- amendment intended to be proposed by (a) IN GENERAL.—The first undesignated book, merchant mariner’s document or Z- him to the bill S. 2244, to extend the paragraph of section 10 of the Federal Re- card, or other official employment record is termination date of the Terrorism In- serve Act (12 U.S.C. 241) is amended by in- available, the Secretary shall provide such surance Program established under the serting after the second sentence the fol- recognition on the basis of applicable Social Terrorism Risk Insurance Act of 2002, lowing: ‘‘In selecting members of the Board, Security Administration records submitted and for other purposes; which was or- the President shall appoint at least 1 mem- for or by the individual, together with vali- ber with demonstrated primary experience dered to lie on the table; as follows: working in or supervising community banks dated testimony given by the individual or On page 4, line 21, strike ‘‘(i)’’. the primary next of kin of the individual On page 4, between lines 21 and 22, insert having less than $10,000,000,000 in total as- that the individual performed such service the following: sets.’’. (b) EFFECTIVE DATE.—The amendment during the period beginning on December 7, (i) in clause (i)— made by this section shall take effect on the 1941, and ending on December 31, 1946. On page 4, line 22, strike ‘‘(i)’’ and insert date of enactment of this Act and apply to (2) In the case of an individual who served ‘‘(I)’’ and move such subclause 2 ems to the appointments made on and after that effec- on a coastwise merchant vessel seeking such right. On page 4, line 23, strike ‘‘(I)’’ and insert tive date, excluding any nomination pending recognition for whom the applicable Coast in the Senate on that date. Guard shipping or discharge form, ship log- ‘‘(aa)’’and move such item 2 ems to the right. book, merchant mariner’s document or Z- On page 5, line 1, strike ‘‘(II)’’ and insert ‘‘(bb)’’ and move such item 2 ems to the SA 3551. Mr. FLAKE submitted an card, or other official employment record amendment intended to be proposed by has been destroyed or otherwise become un- right. On page 5, line 3, strike ‘‘(ii)’’ and insert him to the bill S. 2244, to extend the available by reason of any action committed ‘‘(II)’’ and move such subclause 2 ems to the by a person responsible for the control and termination date of the Terrorism In- right. surance Program established under the maintenance of such form, logbook, or On page 5, line 4, strike ‘‘(I)’’ and insert record, the Secretary shall accept other offi- Terrorism Risk Insurance Act of 2002, ‘‘(aa)’’ and move such item 2 ems to the and for other purposes; which was or- cial documentation demonstrating that the right. individual performed such service during pe- On page 5, line 6, strike ‘‘(II)’’ and insert dered to lie on the table; as follows: riod beginning on December 7, 1941, and end- ‘‘(bb)’’ and move such item 2 ems to the On page 13, after line 22, insert the fol- ing on December 31, 1946. right. lowing: (3) For the purpose of determining whether On page 5, line 8, strike ‘‘(III)’’ and insert SEC. 8. ADVISORY COMMITTEE ON RISK-SHARING to recognize service allegedly performed dur- ‘‘(cc)’’ and move such item 2 ems to the MECHANISMS. ing the period beginning on December 7, 1941, right. (a) FINDING; RULE OF CONSTRUCTION.— and ending on December 31, 1946, the Sec- On page 5, line 10, strike ‘‘(iii)’’ and insert (1) FINDING.—Congress finds that it is de- retary shall recognize masters of seagoing ‘‘(III)’’ and move such subclause 2 ems to the sirable to encourage the growth of non- vessels or other officers in command of simi- right. governmental, private market reinsurance

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4428 CONGRESSIONAL RECORD — SENATE July 10, 2014 capacity for protection against losses arising ing, continuing education, and other non- connection with the performance of a crimi- from acts of terrorism. resident insurance producer qualification re- nal history record check and appropriate (2) RULE OF CONSTRUCTION.—Nothing in this quirements and conditions may be adopted safeguards for maintaining confidentiality Act, any amendment made by this Act, or and applied on a multi-state basis without and security of the information. Any fees the Terrorism Risk Insurance Act of 2002 (15 affecting the laws, rules, and regulations, charged pursuant to this clause shall be sep- U.S.C. 6701 note) shall prohibit insurers from and preserving the rights of a State, per- arate and distinct from those charged by the developing risk-sharing mechanisms to vol- taining to— Attorney General pursuant to subparagraph untarily reinsure terrorism losses between ‘‘(1) licensing, continuing education, and (I). and among themselves. other qualification requirements of insur- ‘‘(D) FORM OF REQUEST.—A submission (b) ADVISORY COMMITTEE ON RISK-SHARING ance producers that are not members of the under subparagraph (C)(i) shall include such MECHANISMS.— Association; fingerprints or other identification informa- (1) ESTABLISHMENT.—The Secretary of the ‘‘(2) resident or nonresident insurance pro- tion as is required by the Attorney General Treasury shall establish and appoint an advi- ducer appointment requirements; concerning the person about whom the sory committee to be known as the ‘‘Advi- ‘‘(3) supervising and disciplining resident criminal history record check is requested, sory Committee on Risk-Sharing Mecha- and nonresident insurance producers; and a statement signed by the person au- nisms’’ (referred to in this subsection as the ‘‘(4) establishing licensing fees for resident thorizing the Attorney General to provide ‘‘Advisory Committee’’). and nonresident insurance producers so that the information to the Association and for (2) DUTIES.—The Advisory Committee shall there is no loss of insurance producer licens- the Association to receive the information. provide advice, recommendations, and en- ing revenue to the State; and ‘‘(E) PROVISION OF INFORMATION BY ATTOR- couragement with respect to the creation ‘‘(5) prescribing and enforcing laws and NEY GENERAL.—Upon receiving a submission and development of the nongovernmental regulations regulating the conduct of resi- under subparagraph (C)(i) from the Associa- risk-sharing mechanisms described under dent and nonresident insurance producers. tion, the Attorney General shall search all criminal history records of the Federal Bu- subsection (a). ‘‘SEC. 323. MEMBERSHIP. reau of Investigation, including records of (3) MEMBERSHIP.—The Advisory Committee ‘‘(a) ELIGIBILITY.— the Criminal Justice Information Services shall be composed of 9 members who are di- ‘‘(1) IN GENERAL.—Any insurance producer rectors, officers, or other employees of insur- Division of the Federal Bureau of Investiga- licensed in its home State shall, subject to tion, that the Attorney General determines ers, reinsurers, or capital market partici- paragraphs (2) and (4), be eligible to become pants that are participating or that desire to appropriate for criminal history records cor- a member of the Association. responding to the fingerprints or other iden- participate in the nongovernmental risk- ‘‘(2) INELIGIBILITY FOR SUSPENSION OR REV- sharing mechanisms described under sub- tification information provided under sub- OCATION OF LICENSE.—Subject to paragraph paragraph (D) and provide all criminal his- section (a), and who are representative of the (3), an insurance producer is not eligible to affected sectors of the insurance industry, tory record information included in the re- become a member of the Association if a quest to the Association. including commercial property insurance, State insurance regulator has suspended or commercial casualty insurance, reinsurance, ‘‘(F) LIMITATION ON PERMISSIBLE USES OF IN- revoked the insurance license of the insur- FORMATION.—Any information provided to and alternative risk transfer industries. ance producer in that State. (c) EFFECTIVE DATE.—The provisions of the Association under subparagraph (E) may ‘‘(3) RESUMPTION OF ELIGIBILITY.—Para- only— this section shall take effect on January 1, graph (2) shall cease to apply to any insur- 2015. ‘‘(i) be used for purposes of determining ance producer if— compliance with membership criteria estab- ‘‘(A) the State insurance regulator reissues SA 3552. Mr. TESTER (for himself lished by the Association; or renews the license of the insurance pro- ‘‘(ii) be disclosed to State insurance regu- and Mr. JOHANNS) submitted an amend- ducer in the State in which the license was lators, or Federal or State law enforcement ment intended to be proposed by him suspended or revoked, or otherwise termi- agencies, in conformance with applicable to the bill S. 2244, to extend the termi- nates or vacates the suspension or revoca- law; or nation date of the Terrorism Insurance tion; or ‘‘(iii) be disclosed, upon request, to the in- Program established under the Ter- ‘‘(B) the suspension or revocation expires surance producer to whom the criminal his- rorism Risk Insurance Act of 2002, and or is subsequently overturned by a court of tory record information relates. competent jurisdiction. for other purposes; which was ordered ‘‘(G) PENALTY FOR IMPROPER USE OR DISCLO- ‘‘(4) CRIMINAL HISTORY RECORD CHECK RE- to lie on the table; as follows: SURE.—Whoever knowingly uses any infor- QUIRED.— mation provided under subparagraph (E) for At the end, add the following: ‘‘(A) IN GENERAL.—An insurance producer a purpose not authorized in subparagraph TITLE II—NATIONAL ASSOCIATION OF who is an individual shall not be eligible to (F), or discloses any such information to REGISTERED AGENTS AND BROKERS become a member of the Association unless anyone not authorized to receive it, shall be SEC. 201. SHORT TITLE. the insurance producer has undergone a fined not more than $50,000 per violation as criminal history record check that complies This title may be cited as the ‘‘National determined by a court of competent jurisdic- with regulations prescribed by the Attorney Association of Registered Agents and Bro- tion. General of the United States under subpara- kers Reform Act of 2014’’. ‘‘(H) RELIANCE ON INFORMATION.—Neither graph (K). the Association nor any of its Board mem- SEC. 202. REESTABLISHMENT OF THE NATIONAL ‘‘(B) CRIMINAL HISTORY RECORD CHECK RE- bers, officers, or employees shall be liable in ASSOCIATION OF REGISTERED AGENTS AND BROKERS. QUESTED BY HOME STATE.—An insurance pro- any action for using information provided ducer who is licensed in a State and who has under subparagraph (E) as permitted under (a) IN GENERAL.—Subtitle C of title III of the Gramm-Leach-Bliley Act (15 U.S.C. 6751 undergone a criminal history record check subparagraph (F) in good faith and in reason- et seq.) is amended to read as follows: during the 2-year period preceding the date able reliance on its accuracy. of submission of an application to become a ‘‘(I) FEES.—The Attorney General may ‘‘Subtitle C—National Association of member of the Association, in compliance charge a reasonable fee for conducting the Registered Agents and Brokers with a requirement to undergo such criminal search and providing the information under ‘‘SEC. 321. NATIONAL ASSOCIATION OF REG- history record check as a condition for such subparagraph (E), and any such fee shall be ISTERED AGENTS AND BROKERS. licensure in the State, shall be deemed to collected and remitted by the Association to ‘‘(a) ESTABLISHMENT.—There is established have undergone a criminal history record the Attorney General. the National Association of Registered check for purposes of subparagraph (A). ‘‘(J) RULE OF CONSTRUCTION.—Nothing in Agents and Brokers (referred to in this sub- ‘‘(C) CRIMINAL HISTORY RECORD CHECK RE- this paragraph shall be construed as— title as the ‘Association’). QUESTED BY ASSOCIATION.— ‘‘(i) requiring a State insurance regulator ‘‘(b) STATUS.—The Association shall— ‘‘(i) IN GENERAL.—The Association shall, to perform criminal history record checks ‘‘(1) be a nonprofit corporation; upon request by an insurance producer li- under this section; or ‘‘(2) not be an agent or instrumentality of censed in a State, submit fingerprints or ‘‘(ii) limiting any other authority that al- the Federal Government; other identification information obtained lows access to criminal history records. ‘‘(3) be an independent organization that from the insurance producer, and a request ‘‘(K) REGULATIONS.—The Attorney General may not be merged with or into any other for a criminal history record check of the in- shall prescribe regulations to carry out this private or public entity; and surance producer, to the Federal Bureau of paragraph, which shall include— ‘‘(4) except as otherwise provided in this Investigation. ‘‘(i) appropriate protections for ensuring subtitle, be subject to, and have all the pow- ‘‘(ii) PROCEDURES.—The board of directors the confidentiality of information provided ers conferred upon, a nonprofit corporation of the Association (referred to in this sub- under subparagraph (E); and by the District of Columbia Nonprofit Cor- title as the ‘Board’) shall prescribe proce- ‘‘(ii) procedures providing a reasonable op- poration Act (D.C. Code, sec. 29–301.01 et seq.) dures for obtaining and utilizing fingerprints portunity for an insurance producer to con- or any successor thereto. or other identification information and test the accuracy of information regarding ‘‘SEC. 322. PURPOSE. criminal history record information, includ- the insurance producer provided under sub- ‘‘The purpose of the Association shall be to ing the establishment of reasonable fees to paragraph (E). provide a mechanism through which licens- defray the expenses of the Association in ‘‘(L) INELIGIBILITY FOR MEMBERSHIP.—

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4429

‘‘(i) IN GENERAL.—The Association may, qualifications established under the licens- to operate. The Association shall imme- under reasonably consistently applied stand- ing laws of the States. diately notify the States (including State in- ards, deny membership to an insurance pro- ‘‘(3) ASSISTANCE FROM STATES.— surance regulators) and the NAIC when a ducer on the basis of criminal history record ‘‘(A) IN GENERAL.—The Association may re- member is newly authorized to operate in information provided under subparagraph quest a State to provide assistance in inves- one or more States, or is no longer author- (E), or where the insurance producer has tigating and evaluating the eligibility of a ized to operate in one or more States on the been subject to disciplinary action, as de- prospective member for membership in the basis of Association membership. scribed in paragraph (2). Association. ‘‘(5) PRESERVATION OF CONSUMER PROTEC- ‘‘(ii) RIGHTS OF APPLICANTS DENIED MEM- ‘‘(B) AUTHORIZATION OF INFORMATION SHAR- TION AND MARKET CONDUCT REGULATION.— BERSHIP.—The Association shall notify any ING.—A submission under subsection ‘‘(A) IN GENERAL.—No provision of this sec- insurance producer who is denied member- (a)(4)(C)(i) made by an insurance producer li- tion shall be construed as altering or affect- ship on the basis of criminal history record censed in a State shall include a statement ing the applicability or continuing effective- information provided under subparagraph (E) signed by the person about whom the assist- ness of any law, regulation, provision, or of the right of the insurance producer to— ance is requested authorizing— other action of any State, including those ‘‘(I) obtain a copy of all criminal history ‘‘(i) the State to share information with described in subparagraph (B), to the extent record information provided to the Associa- the Association; and that the State law, regulation, provision, or tion under subparagraph (E) with respect to ‘‘(ii) the Association to receive the infor- other action is not inconsistent with the pro- the insurance producer; and mation. visions of this subtitle related to market ‘‘(II) challenge the denial of membership ‘‘(C) RULE OF CONSTRUCTION.—Subpara- entry for nonresident insurance producers, based on the accuracy and completeness of graph (A) shall not be construed as requiring and then only to the extent of the inconsist- the information. or authorizing any State to adopt new or ad- ency. ‘‘(M) DEFINITION.—For purposes of this ditional requirements concerning the licens- ‘‘(B) PRESERVED REGULATIONS.—The laws, paragraph, the term ‘criminal history record ing or evaluation of insurance producers. regulations, provisions, or other actions of check’ means a national background check ‘‘(4) DENIAL OF MEMBERSHIP.—The Associa- any State referred to in subparagraph (A) in- of criminal history records of the Federal tion may, based on reasonably consistently clude laws, regulations, provisions, or other Bureau of Investigation. applied standards, deny membership to any actions that— State-licensed insurance producer for failure ‘‘(i) regulate market conduct, insurance ‘‘(b) AUTHORITY TO ESTABLISH MEMBERSHIP to meet the membership criteria established producer conduct, or unfair trade practices; CRITERIA.—The Association may establish membership criteria that bear a reasonable by the Association. ‘‘(ii) establish consumer protections; or ‘‘(e) EFFECT OF MEMBERSHIP.— ‘‘(iii) require insurance producers to be ap- relationship to the purposes for which the ‘‘(1) AUTHORITY OF ASSOCIATION MEMBERS.— pointed by a licensed or authorized insurer. Association was established. Membership in the Association shall— ‘‘(f) BIENNIAL RENEWAL.—Membership in ‘‘(c) ESTABLISHMENT OF CLASSES AND CAT- ‘‘(A) authorize an insurance producer to the Association shall be renewed on a bien- EGORIES OF MEMBERSHIP.— sell, solicit, or negotiate insurance in any nial basis. ‘‘(1) CLASSES OF MEMBERSHIP.—The Asso- State for which the member pays the licens- ‘‘(g) CONTINUING EDUCATION.— ciation may establish separate classes of ing fee set by the State for any line or lines ‘‘(1) IN GENERAL.—The Association shall es- membership, with separate criteria, if the of insurance specified in the home State li- tablish, as a condition of membership, con- Association reasonably determines that per- cense of the insurance producer, and exercise tinuing education requirements which shall formance of different duties requires dif- all such incidental powers as shall be nec- be comparable to the continuing education ferent levels of education, training, experi- essary to carry out such activities, including requirements under the licensing laws of a ence, or other qualifications. claims adjustments and settlement to the majority of the States. ‘‘(2) BUSINESS ENTITIES.—The Association extent permissible under the laws of the ‘‘(2) STATE CONTINUING EDUCATION REQUIRE- shall establish a class of membership and State, risk management, employee benefits MENTS.—A member may not be required to membership criteria for business entities. A advice, retirement planning, and any other satisfy continuing education requirements business entity that applies for membership insurance-related consulting activities; imposed under the laws, regulations, provi- shall be required to designate an individual ‘‘(B) be the equivalent of a nonresident in- sions, or actions of any State other than the Association member responsible for the com- surance producer license for purposes of au- home State of the member. pliance of the business entity with Associa- thorizing the insurance producer to engage ‘‘(3) RECIPROCITY.—The Association shall tion standards and the insurance laws, rules, in the activities described in subparagraph not require a member to satisfy continuing and regulations of any State in which the (A) in any State where the member pays the education requirements that are equivalent business entity seeks to do business on the licensing fee; and to any continuing education requirements of basis of Association membership. ‘‘(C) be the equivalent of a nonresident in- the home State of the member that have ‘‘(3) CATEGORIES.— surance producer license for the purpose of been satisfied by the member during the ap- ‘‘(A) SEPARATE CATEGORIES FOR INSURANCE subjecting an insurance producer to all laws, plicable licensing period. PRODUCERS PERMITTED.—The Association regulations, provisions or other action of ‘‘(4) LIMITATION ON THE ASSOCIATION.—The may establish separate categories of mem- any State concerning revocation, suspension, Association shall not directly or indirectly bership for insurance producers and for other or other enforcement action related to the offer any continuing education courses for persons or entities within each class, based ability of a member to engage in any activ- insurance producers. on the types of licensing categories that ity within the scope of authority granted ‘‘(h) PROBATION, SUSPENSION AND REVOCA- exist under State laws. under this subsection and to all State laws, TION.— ‘‘(B) SEPARATE TREATMENT FOR DEPOSITORY regulations, provisions, and actions pre- ‘‘(1) DISCIPLINARY ACTION.—The Association INSTITUTIONS PROHIBITED.—No special cat- served under paragraph (5). may place an insurance producer that is a egories of membership, and no distinct mem- ‘‘(2) VIOLENT CRIME CONTROL AND LAW EN- member of the Association on probation or bership criteria, shall be established for FORCEMENT ACT OF 1994.—Nothing in this sub- suspend or revoke the membership of the in- members that are depository institutions or title shall be construed to alter, modify, or surance producer in the Association, or as- for employees, agents, or affiliates of deposi- supercede any requirement established by sess monetary fines or penalties, as the Asso- tory institutions. section 1033 of title 18, United States Code. ciation determines to be appropriate, if— ‘‘(d) MEMBERSHIP CRITERIA.— ‘‘(3) AGENT FOR REMITTING FEES.—The Asso- ‘‘(A) the insurance producer fails to meet ‘‘(1) IN GENERAL.—The Association may es- ciation shall act as an agent for any member the applicable membership criteria or other tablish criteria for membership which shall for purposes of remitting licensing fees to standards established by the Association; include standards for personal qualifications, any State pursuant to paragraph (1). ‘‘(B) the insurance producer has been sub- education, training, and experience. The As- ‘‘(4) NOTIFICATION OF ACTION.— ject to disciplinary action pursuant to a sociation shall not establish criteria that un- ‘‘(A) IN GENERAL.—The Association shall final adjudicatory proceeding under the ju- fairly limit the ability of a small insurance notify the States (including State insurance risdiction of a State insurance regulator; producer to become a member of the Asso- regulators) and the NAIC when an insurance ‘‘(C) an insurance license held by the insur- ciation, including imposing discriminatory producer has satisfied the membership cri- ance producer has been suspended or revoked membership fees. teria of this section. The States (including by a State insurance regulator; or ‘‘(2) QUALIFICATIONS.—In establishing cri- State insurance regulators) shall have 10 ‘‘(D) the insurance producer has been con- teria under paragraph (1), the Association business days after the date of the notifica- victed of a crime that would have resulted in shall not adopt any qualification less protec- tion in order to provide the Association with the denial of membership pursuant to sub- tive to the public than that contained in the evidence that the insurance producer does section (a)(4)(L)(i) at the time of application, National Association of Insurance Commis- not satisfy the criteria for membership in and the Association has received a copy of sioners (referred to in this subtitle as the the Association. the final disposition from a court of com- ‘NAIC’) Producer Licensing Model Act in ef- ‘‘(B) ONGOING DISCLOSURES REQUIRED.—On petent jurisdiction. fect as of the date of enactment of the Na- an ongoing basis, the Association shall dis- ‘‘(2) VIOLATIONS OF ASSOCIATION STAND- tional Association of Registered Agents and close to the States (including State insur- ARDS.—The Association shall have the power Brokers Reform Act of 2014, and shall con- ance regulators) and the NAIC a list of the to investigate alleged violations of Associa- sider the highest levels of insurance producer States in which each member is authorized tion standards.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4430 CONGRESSIONAL RECORD — SENATE July 10, 2014

‘‘(3) REPORTING.—The Association shall im- tion as may be specified in the bylaws of the ‘‘(A) 1-YEAR TERMS.—The term of service mediately notify the States (including State Association. shall be 1 year, as designated by the Presi- insurance regulators) and the NAIC when the ‘‘(c) COMPOSITION.— dent at the time of the nomination of the membership of an insurance producer has ‘‘(1) IN GENERAL.—The Board shall consist subject Board members for— been placed on probation or has been sus- of 13 members who shall be appointed by the ‘‘(i) 4 of the State insurance commissioner pended, revoked, or otherwise terminated, or President, by and with the advice and con- Board members initially appointed under when the Association has assessed monetary sent of the Senate, in accordance with the paragraph (1)(A), of whom not more than 2 fines or penalties. procedures established under Senate Resolu- shall belong to the same political party; ‘‘(i) CONSUMER COMPLAINTS.— tion 116 of the 112th Congress, of whom— ‘‘(ii) 1 of the Board members initially ap- ‘‘(1) IN GENERAL.—The Association shall— ‘‘(A) 8 shall be State insurance commis- pointed under paragraph (1)(B); and ‘‘(A) refer any complaint against a member sioners appointed in the manner provided in ‘‘(iii) 1 of the Board members initially ap- of the Association from a consumer relating paragraph (2), 1 of whom shall be designated pointed under paragraph (1)(C). to alleged misconduct or violations of State by the President to serve as the chairperson ‘‘(B) EXPIRATION OF TERM.—A Board mem- insurance laws to the State insurance regu- of the Board until the Board elects one such ber may continue to serve after the expira- lator where the consumer resides and, when State insurance commissioner Board mem- tion of the term to which the Board member appropriate, to any additional State insur- ber to serve as the chairperson of the Board; was appointed for the earlier of 2 years or ance regulator, as determined by standards ‘‘(B) 3 shall have demonstrated expertise until a successor is appointed. adopted by the Association; and and experience with property and casualty ‘‘(C) MID-TERM APPOINTMENTS.—A Board ‘‘(B) make any related records and infor- insurance producer licensing; and member appointed to fill a vacancy occur- mation available to each State insurance ‘‘(C) 2 shall have demonstrated expertise ring before the expiration of the term for regulator to whom the complaint is for- and experience with life or health insurance which the predecessor of the Board member warded. producer licensing. was appointed shall be appointed only for the ‘‘(2) TELEPHONE AND OTHER ACCESS.—The remainder of that term. ‘‘(2) STATE INSURANCE REGULATOR REP- Association shall maintain a toll-free num- ‘‘(3) SUCCESSIVE TERMS.—Board members RESENTATIVES.— ber for purposes of this subsection and, as may be reappointed to successive terms. ‘‘(A) RECOMMENDATIONS.—Before making practicable, other alternative means of com- ‘‘(e) INITIAL APPOINTMENTS.—The appoint- any appointments pursuant to paragraph munication with consumers, such as an ment of initial Board members shall be made (1)(A), the President shall request a list of Internet webpage. no later than 90 days after the date of enact- recommended candidates from the States ‘‘(3) FINAL DISPOSITION OF INVESTIGATION.— ment of the National Association of Reg- through the NAIC, which shall not be bind- State insurance regulators shall provide the istered Agents and Brokers Reform Act of ing on the President. If the NAIC fails to Association with information regarding the 2014. submit a list of recommendations not later final disposition of a complaint referred pur- ‘‘(f) MEETINGS.— than 15 business days after the date of the re- suant to paragraph (1)(A), but nothing shall ‘‘(1) IN GENERAL.—The Board shall meet— quest, the President may make the requisite be construed to compel a State to release ‘‘(A) at the call of the chairperson; appointments without considering the views confidential investigation reports or other ‘‘(B) as requested in writing to the chair- of the NAIC. information protected by State law to the person by not fewer than 5 Board members; ‘‘(B) POLITICAL AFFILIATION.—Not more Association. or than 4 Board members appointed under para- ‘‘(j) INFORMATION SHARING.—The Associa- ‘‘(C) as otherwise provided by the bylaws of tion may— graph (1)(A) shall belong to the same polit- the Association. ‘‘(1) share documents, materials, or other ical party. ‘‘(2) QUORUM REQUIRED.—A majority of all information, including confidential and priv- ‘‘(C) FORMER STATE INSURANCE COMMIS- Board members shall constitute a quorum. ileged documents, with a State, Federal, or SIONERS.— ‘‘(3) VOTING.—Decisions of the Board shall international governmental entity or with ‘‘(i) IN GENERAL.—If, after offering each require the approval of a majority of all the NAIC or other appropriate entity ref- currently serving State insurance commis- Board members present at a meeting, a erenced in paragraphs (3) and (4), provided sioner an appointment to the Board, fewer quorum being present. that the recipient has the authority and than 8 State insurance commissioners have ‘‘(4) INITIAL MEETING.—The Board shall agrees to maintain the confidentiality or accepted appointment to the Board, the hold its first meeting not later than 45 days privileged status of the document, material, President may appoint the remaining State after the date on which all initial Board or other information; insurance commissioner Board members, as members have been appointed. ‘‘(g) RESTRICTION ON CONFIDENTIAL INFOR- ‘‘(2) limit the sharing of information as re- required under paragraph (1)(A), of the ap- MATION.—Board members appointed pursuant quired under this subtitle with the NAIC or propriate political party as required under to subparagraphs (B) and (C) of subsection any other non-governmental entity, in cir- subparagraph (B), from among individuals who are former State insurance commis- (c)(1) shall not have access to confidential cumstances under which the Association de- information received by the Association in termines that the sharing of such informa- sioners. ‘‘(ii) LIMITATION.—A former State insur- connection with complaints, investigations, tion is unnecessary to further the purposes or disciplinary proceedings involving insur- of this subtitle; ance commissioner appointed as described in clause (i) may not be employed by or have ance producers. ‘‘(3) establish a central clearinghouse, or ‘‘(h) ETHICS AND CONFLICTS OF INTEREST.— utilize the NAIC or another appropriate enti- any present direct or indirect financial in- terest in any insurer, insurance producer, or The Board shall issue and enforce an ethical ty, as determined by the Association, as a conduct code to address permissible and pro- central clearinghouse, for use by the Asso- other entity in the insurance industry, other than direct or indirect ownership of, or bene- hibited activities of Board members and As- ciation and the States (including State in- sociation officers, employees, agents, or con- ficial interest in, an insurance policy or an- surance regulators), through which members sultants. The code shall, at a minimum, in- nuity contract written or sold by an insurer. of the Association may disclose their intent clude provisions that prohibit any Board ‘‘(D) SERVICE THROUGH TERM.—If a Board to operate in 1 or more States and pay the li- member or Association officer, employee, member appointed under paragraph (1)(A) censing fees to the appropriate States; and agent or consultant from— ceases to be a State insurance commissioner ‘‘(4) establish a database, or utilize the ‘‘(1) engaging in unethical conduct in the during the term of the Board member, the NAIC or another appropriate entity, as de- course of performing Association duties; termined by the Association, as a database, Board member shall cease to be a Board ‘‘(2) participating in the making or influ- for use by the Association and the States (in- member. encing the making of any Association deci- cluding State insurance regulators) for the ‘‘(3) PRIVATE SECTOR REPRESENTATIVES.—In sion, the outcome of which the Board mem- collection of regulatory information con- making any appointment pursuant to sub- ber, officer, employee, agent, or consultant cerning the activities of insurance producers. paragraph (B) or (C) of paragraph (1), the knows or had reason to know would have a ‘‘(k) EFFECTIVE DATE.—The provisions of President may seek recommendations for reasonably foreseeable material financial ef- this section shall take effect on the later candidates from groups representing the cat- fect, distinguishable from its effect on the of— egory of individuals described, which shall public generally, on the person or a member ‘‘(1) the expiration of the 2-year period be- not be binding on the President. of the immediate family of the person; ginning on the date of enactment of the Na- ‘‘(4) STATE INSURANCE COMMISSIONER DE- ‘‘(3) accepting any gift from any person or tional Association of Registered Agents and FINED.—For purposes of this subsection, the entity other than the Association that is Brokers Reform Act of 2014; and term ‘State insurance commissioner’ means given because of the position held by the per- ‘‘(2) the date of incorporation of the Asso- a person who serves in the position in State son in the Association; ciation. government, or on the board, commission, or ‘‘(4) making political contributions to any ‘‘SEC. 324. BOARD OF DIRECTORS. other body that is the primary insurance person or entity on behalf of the Association; ‘‘(a) ESTABLISHMENT.—There is established regulatory authority for the State. and a board of directors of the Association, ‘‘(d) TERMS.— ‘‘(5) lobbying or paying a person to lobby which shall have authority to govern and su- ‘‘(1) IN GENERAL.—Except as provided under on behalf of the Association. pervise all activities of the Association. paragraph (2), the term of service for each ‘‘(i) COMPENSATION.— ‘‘(b) POWERS.—The Board shall have such Board member shall be 2 years. ‘‘(1) IN GENERAL.—Except as provided in of the powers and authority of the Associa- ‘‘(2) EXCEPTIONS.— paragraph (2), no Board member may receive

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4431

any compensation from the Association or ‘‘(2) adopt, amend, and repeal bylaws, pro- ‘‘(c) SUSPENSION OF BYLAWS AND STAND- any other person or entity on account of cedures, or standards governing the conduct ARDS AND PROHIBITION OF ACTIONS.—Fol- Board membership. of Association business and performance of lowing notice to the Board, the President, or ‘‘(2) TRAVEL EXPENSES AND PER DIEM.— its duties; a person designated by the President for Board members may be reimbursed only by ‘‘(3) establish procedures for providing no- such purpose, may suspend the effectiveness the Association for travel expenses, includ- tice and opportunity for comment pursuant of any bylaw or standard, or prohibit any ac- ing per diem in lieu of subsistence, at rates to section 325(a); tion, of the Association that the President or consistent with rates authorized for employ- ‘‘(4) enter into and perform such agree- the designee determines is contrary to the ees of Federal agencies under subchapter I of ments as necessary to carry out the duties of purposes of this subtitle. chapter 57 of title 5, United States Code, the Association; ‘‘SEC. 330. RELATIONSHIP TO STATE LAW. while away from home or regular places of ‘‘(5) hire employees, professionals, or spe- ‘‘(a) PREEMPTION OF STATE LAWS.—State business in performance of services for the cialists, and elect or appoint officers, and to laws, regulations, provisions, or other ac- Association. fix their compensation, define their duties tions purporting to regulate insurance pro- ‘‘SEC. 325. BYLAWS, STANDARDS, AND DISCIPLI- and give them appropriate authority to ducers shall be preempted to the extent pro- NARY ACTIONS. carry out the purposes of this subtitle, and vided in subsection (b). ‘‘(a) ADOPTION AND AMENDMENT OF BYLAWS determine their qualification; ‘‘(b) PROHIBITED ACTIONS.— AND STANDARDS.— ‘‘(6) establish personnel policies of the As- ‘‘(1) IN GENERAL.—No State shall— ‘‘(1) PROCEDURES.—The Association shall sociation and programs relating to, among ‘‘(A) impede the activities of, take any ac- adopt procedures for the adoption of bylaws other things, conflicts of interest, rates of tion against, or apply any provision of law or and standards that are similar to procedures compensation, where applicable, and quali- regulation arbitrarily or discriminatorily to, under subchapter II of chapter 5 of title 5, fications of personnel; any insurance producer because that insur- United States Code (commonly known as the ‘‘(7) borrow money; and ance producer or any affiliate plans to be- ‘Administrative Procedure Act’). ‘‘(8) secure funding for such amounts as the come, has applied to become, or is a member ‘‘(2) COPY REQUIRED TO BE FILED.—The Association determines to be necessary and of the Association; Board shall submit to the President, through appropriate to organize and begin operations ‘‘(B) impose any requirement upon a mem- the Department of the Treasury, and the of the Association, which shall be treated as States (including State insurance regu- ber of the Association that it pay fees dif- loans to be repaid by the Association with ferent from those required to be paid to that lators), and shall publish on the website of interest at market rate. the Association, all proposed bylaws and State were it not a member of the Associa- ‘‘SEC. 327. REPORT BY THE ASSOCIATION. standards of the Association, or any pro- tion; or ‘‘(a) IN GENERAL.—As soon as practicable posed amendment to the bylaws or standards ‘‘(C) impose any continuing education re- after the close of each fiscal year, the Asso- of the Association, accompanied by a concise quirements on any nonresident insurance ciation shall submit to the President, general statement of the basis and purpose of producer that is a member of the Associa- through the Department of the Treasury, such proposal. tion. and the States (including State insurance ‘‘(3) EFFECTIVE DATE.—Any proposed bylaw ‘‘(2) STATES OTHER THAN A HOME STATE.—No regulators), and shall publish on the website or standard of the Association, and any pro- State, other than the home State of a mem- of the Association, a written report regard- posed amendment to the bylaws or standards ber of the Association, shall— ing the conduct of its business, and the exer- of the Association, shall take effect, after ‘‘(A) impose any licensing, personal or cor- cise of the other rights and powers granted notice under paragraph (2) and opportunity porate qualifications, education, training, by this subtitle, during such fiscal year. for public comment, on such date as the As- experience, residency, continuing education, ‘‘(b) FINANCIAL STATEMENTS.—Each report or bonding requirement upon a member of sociation may designate, unless suspended submitted under subsection (a) with respect under section 329(c). the Association that is different from the to any fiscal year shall include audited fi- criteria for membership in the Association ‘‘(4) RULE OF CONSTRUCTION.—Nothing in nancial statements setting forth the finan- this section shall be construed to subject the or renewal of such membership; cial position of the Association at the end of ‘‘(B) impose any requirement upon a mem- Board or the Association to the require- such fiscal year and the results of its oper- ments of subchapter II of chapter 5 of title 5, ber of the Association that it be licensed, ations (including the source and application registered, or otherwise qualified to do busi- United States Code (commonly known as the of its funds) for such fiscal year. ‘Administrative Procedure Act’). ness or remain in good standing in the State, ‘‘SEC. 328. LIABILITY OF THE ASSOCIATION AND ISCIPLINARY CTION BY THE SSOCIA including any requirement that the insur- ‘‘(b) D A A - THE BOARD MEMBERS, OFFICERS, TION.— AND EMPLOYEES OF THE ASSOCIA- ance producer register as a foreign company ‘‘(1) SPECIFICATION OF CHARGES.—In any TION. with the secretary of state or equivalent proceeding to determine whether member- ‘‘(a) IN GENERAL.—The Association shall State official; ship shall be denied, suspended, revoked, or not be deemed to be an insurer or insurance ‘‘(C) require that a member of the Associa- not renewed, or to determine whether a producer within the meaning of any State tion submit to a criminal history record member of the Association should be placed law, rule, regulation, or order regulating or check as a condition of doing business in the on probation (referred to in this section as a taxing insurers, insurance producers, or State; or ‘disciplinary action’) or whether to assess other entities engaged in the business of in- ‘‘(D) impose any licensing, registration, or fines or monetary penalties, the Association surance, including provisions imposing pre- appointment requirements upon a member of shall bring specific charges, notify the mem- mium taxes, regulating insurer solvency or the Association, or require a member of the ber of the charges, give the member an op- financial condition, establishing guaranty Association to be authorized to operate as an portunity to defend against the charges, and funds and levying assessments, or requiring insurance producer, in order to sell, solicit, keep a record. claims settlement practices. or negotiate insurance for commercial prop- ‘‘(2) SUPPORTING STATEMENT.—A deter- ‘‘(b) LIABILITY OF BOARD MEMBERS, OFFI- erty and casualty risks to an insured with mination to take disciplinary action shall be CERS, AND EMPLOYEES.—No Board member, risks located in more than one State, if the supported by a statement setting forth— officer, or employee of the Association shall member is licensed or otherwise authorized ‘‘(A) any act or practice in which the mem- be personally liable to any person for any ac- to operate in the State where the insured ber has been found to have been engaged; tion taken or omitted in good faith in any maintains its principal place of business and ‘‘(B) the specific provision of this subtitle matter within the scope of their responsibil- the contract of insurance insures risks lo- or standard of the Association that any such ities in connection with the Association. cated in that State. act or practice is deemed to violate; and ‘‘SEC. 329. PRESIDENTIAL OVERSIGHT. ‘‘(3) PRESERVATION OF STATE DISCIPLINARY ‘‘(C) the sanction imposed and the reason ‘‘(a) REMOVAL OF BOARD.—If the President AUTHORITY.—Nothing in this section may be for the sanction. determines that the Association is acting in construed to prohibit a State from inves- ‘‘(3) INELIGIBILITY OF PRIVATE SECTOR REP- a manner contrary to the interests of the tigating and taking appropriate disciplinary RESENTATIVES.—Board members appointed public or the purposes of this subtitle or has action, including suspension or revocation of pursuant to section 324(c)(3) may not— failed to perform its duties under this sub- authority of an insurance producer to do ‘‘(A) participate in any disciplinary action title, the President may remove the entire business in a State, in accordance with State or be counted toward establishing a quorum existing Board for the remainder of the term law and that is not inconsistent with the during a disciplinary action; and to which the Board members were appointed provisions of this section, against a member ‘‘(B) have access to confidential informa- and appoint, in accordance with section 324 of the Association as a result of a complaint tion concerning any disciplinary action. and with the advice and consent of the Sen- or for any alleged activity, regardless of ‘‘SEC. 326. POWERS. ate, in accordance with the procedures estab- whether the activity occurred before or after ‘‘In addition to all the powers conferred lished under Senate Resolution 116 of the the insurance producer commenced doing upon a nonprofit corporation by the District 112th Congress, new Board members to fill business in the State pursuant to Associa- of Columbia Nonprofit Corporation Act, the the vacancies on the Board for the remainder tion membership. Association shall have the power to— of the terms. ‘‘SEC. 331. COORDINATION WITH FINANCIAL IN- ‘‘(1) establish and collect such membership ‘‘(b) REMOVAL OF BOARD MEMBER.—The DUSTRY REGULATORY AUTHORITY. fees as the Association finds necessary to im- President may remove a Board member only ‘‘The Association shall coordinate with the pose to cover the costs of its operations; for neglect of duty or malfeasance in office. Financial Industry Regulatory Authority in

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4432 CONGRESSIONAL RECORD — SENATE July 10, 2014 order to ease any administrative burdens ‘‘SEC. 335. SUNSET. the following: ‘‘Organization and thereby are that fall on members of the Association that ‘‘The provisions of this subtitle, and any a departure from accepted practice; are subject to regulation by the Financial program or authorities established or grant- Whereas the Chicago Convention of the Industry Regulatory Authority, consistent ed therein or derived therefrom, shall termi- International Civil Aviation Organization with the requirements of this subtitle and nate on the date that is 2 years after the distinguishes between civilian aircraft and the Federal securities laws . date on which the Association approves its state aircraft and provides for the specific ‘‘SEC. 332. RIGHT OF ACTION. first member pursuant to section 323.’’. obligations of state parties, consistent with ‘‘(a) RIGHT OF ACTION.—Any person ag- (b) TECHNICAL AMENDMENT.—The table of customary law, to ‘‘refrain from resorting to grieved by a decision or action of the Asso- contents for the Gramm-Leach-Bliley Act is the use of weapons against civil aircraft in ciation may, after reasonably exhausting amended by striking the items relating to flight and . . . in case of interception, the available avenues for resolution within the subtitle C of title III and inserting the fol- lives of persons on board and the safety of Association, commence a civil action in an lowing new items: aircraft must not be endangered’’; appropriate United States district court, and ‘‘Subtitle C—National Association of Whereas international civil aviation is reg- obtain all appropriate relief. Registered Agents and Brokers ulated by international agreements, includ- ‘‘(b) ASSOCIATION INTERPRETATIONS.—In ing standards and regulations set by ICAO any action under subsection (a), the court ‘‘Sec. 321. National Association of Reg- for aviation safety, security, efficiency and shall give appropriate weight to the interpre- istered Agents and Brokers. regularity, as well as for aviation environ- tation of the Association of its bylaws and ‘‘Sec. 322. Purpose. mental protection; standards and this subtitle. ‘‘Sec. 323. Membership. Whereas, in accordance with the norm of ‘‘SEC. 333. FEDERAL FUNDING PROHIBITED. ‘‘Sec. 324. Board of directors. airborne innocent passage, the United States ‘‘The Association may not receive, accept, ‘‘Sec. 325. Bylaws, standards, and discipli- does not recognize the right of a coastal na- or borrow any amounts from the Federal nary actions. tion to apply its ADIZ procedures to foreign Government to pay for, or reimburse, the As- ‘‘Sec. 326. Powers. state aircraft not intending to enter national sociation for, the costs of establishing or op- ‘‘Sec. 327. Report by the Association. airspace nor does the United States apply its erating the Association. ‘‘Sec. 328. Liability of the Association and ADIZ procedures to foreign state aircraft not ‘‘SEC. 334. DEFINITIONS. the Board members, officers, intending to enter United States airspace; ‘‘For purposes of this subtitle, the fol- and employees of the Associa- Whereas the United States Government ex- lowing definitions shall apply: tion. pressed profound concerns with China’s uni- ‘‘(1) BUSINESS ENTITY.—The term ‘business ‘‘Sec. 329. Presidential oversight. lateral, provocative, dangerous, and desta- entity’ means a corporation, association, ‘‘Sec. 330. Relationship to State law. bilizing declaration of such a zone, including partnership, limited liability company, lim- ‘‘Sec. 331. Coordination with Financial In- the potential for misunderstandings and mis- ited liability partnership, or other legal enti- dustry Regulatory Authority. calculations by aircraft operating lawfully ty. ‘‘Sec. 332. Right of action. in international airspace; ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘‘Sec. 333. Federal funding prohibited. Whereas the People’s Republic of China’s ‘depository institution’ has the meaning as ‘‘Sec. 334. Definitions. declaration of an ADIZ in the East China Sea in section 3 of the Federal Deposit Insurance ‘‘Sec. 335. Sunset.’’. will not alter how the United States Govern- Act (12 U.S.C. 1813). ment conducts operations in the region or ‘‘(3) HOME STATE.—The term ‘home State’ SA 3553. Mr. REID (for Mr. MENEN- the unwavering United States commitment means the State in which the insurance pro- DEZ) proposed an amendment to the to peace, security and stability in the Asia- ducer maintains its principal place of resi- resolution S. Res. 412, reaffirming the Pacific region; dence or business and is licensed to act as an strong support of the United States Whereas the Government of Japan ex- insurance producer. Government for freedom of navigation pressed deep concern about the People’s Re- ‘‘(4) INSURANCE.—The term ‘insurance’ public of China’s declaration of such a zone, means any product, other than title insur- and other internationally lawful uses regarding it as an effort to unduly infringe ance or bail bonds, defined or regulated as of sea and airspace in the Asia-Pacific upon the freedom of flight in international insurance by the appropriate State insurance region, and for the peaceful diplomatic airspace and to change the status quo that regulatory authority. resolution of outstanding territorial could escalate tensions and potentially cause ‘‘(5) INSURANCE PRODUCER.—The term ‘in- and maritime claims and disputes; as unintentional consequences in the East surance producer’ means any insurance follows: China Sea; agent or broker, excess or surplus lines Whereas the Government of the Republic On page 13, line 24, strike ‘‘HD–981’’ and in- broker or agent, insurance consultant, lim- of Korea has expressed concern over China’s sert ‘‘Hai Yang Shi You 981 (HD-981)’’. ited insurance representative, and any other declared ADIZ, and on December 9, 2013, an- individual or entity that sells, solicits, or ne- nounced an adjustment to its longstanding gotiates policies of insurance or offers ad- SA 3554. Mr. REID (for Mr. PAUL) Air Defense Identification Zone, which does vice, counsel, opinions or services related to proposed an amendment to the resolu- not encompass territory administered by an- insurance. tion S. Res. 412, reaffirming the strong other country, and did so only after under- ‘‘(6) INSURER.—The term ‘insurer’ has the support of the United States Govern- taking a deliberate process of consultations meaning as in section 313(e)(2)(B) of title 31, ment for freedom of navigation and with the United States, Japan, and China; United States Code. other internationally lawful uses of sea Whereas the Government of the Phil- ‘‘(7) PRINCIPAL PLACE OF BUSINESS.—The and airspace in the Asia-Pacific region, ippines has stressed that China’s declared term ‘principal place of business’ means the ADIZ seeks to transfer an entire air zone State in which an insurance producer main- and for the peaceful diplomatic resolu- into Chinese domestic airspace, infringes on tains the headquarters of the insurance pro- tion of outstanding territorial and freedom of flight in international airspace, ducer and, in the case of a business entity, maritime claims and disputes; as fol- and compromises the safety of civil aviation where high-level officers of the entity direct, lows: and the national security of affected states, control, and coordinate the business activi- At the end, add the following: and has called on China to ensure that its ac- ties of the business entity. SEC. 3. RULE OF CONSTRUCTION. tions do not jeopardize regional security and ‘‘(8) PRINCIPAL PLACE OF RESIDENCE.—The stability; Nothing in this resolution shall be con- term ‘principal place of residence’ means the Whereas, on November 26, 2013, the Govern- strued as a declaration of war or authoriza- State in which an insurance producer resides ment of Australia made clear in a statement tion to use force. for the greatest number of days during a cal- its opposition to any coercive or unilateral endar year. actions to change the status quo in the East SA 3555. Mr. REID (for Mr. MENEN- ‘‘(9) STATE.—The term ‘State’ includes any China Sea; State, the District of Columbia, any terri- DEZ) proposed an amendment to the Whereas, on March 10, 2014, the United tory of the United States, and Puerto Rico, resolution S. Res. 412, reaffirming the States Government and the Government of Guam, American Samoa, the Trust Territory strong support of the United States Japan jointly submitted a letter to the ICAO of the Pacific Islands, the Virgin Islands, and Government for freedom of navigation Secretariat regarding the issue of freedom of the Northern Mariana Islands. and other internationally lawful uses overflight by civil aircraft in international ‘‘(10) STATE LAW.— of sea and airspace in the Asia-Pacific airspace and the effective management of ‘‘(A) IN GENERAL.—The term ‘State law’ in- region, and for the peaceful diplomatic civil air traffic within allocated Flight Infor- cludes all laws, decisions, rules, regulations, resolution of outstanding territorial mation Regions (FIR); or other State action having the effect of Whereas Indonesia Foreign Minister Marty law, of any State. and maritime claims and disputes; as Natalegawa, in a hearing before the Com- ‘‘(B) LAWS APPLICABLE IN THE DISTRICT OF follows: mittee on Defense and Foreign Affairs on COLUMBIA.—A law of the United States appli- Beginning in the thirteenth whereas clause February 18, 2014, stated, ‘‘We have firmly cable only to or within the District of Co- of the preamble, strike ‘‘Organization’s’’ and told China we will not accept a similar [Air lumbia shall be treated as a State law rather all that follows through ‘‘Law of the Sea’’ in Defense Identification] Zone if it is adopted than a law of the United States. the forty-seventh whereas clause and insert in the South China Sea. And the signal we

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4433 have received thus far is, China does not plan 1982 United Nations Convention on the Law which aggressively patrolled and intimidated to adopt a similar Zone in the South China of the Sea (UNCLOS); . . . 5. the continued Vietnamese Coast Guard ships in violation of Sea.’’; exercise of self-restraint and non-use of force COLREGS, reportedly intentionally rammed Whereas over half the world’s merchant by all parties; and . . . 6. the peaceful resolu- multiple Vietnamese vessels, and used heli- tonnage flows through the South China Sea, tion of disputes, in accordance with univer- copters and water cannons to obstruct oth- and over 15,000,000 barrels of oil per day tran- sally recognized principles of International ers; sit the Strait of Malacca, fueling economic Law, including the 1982 United Nations Con- Whereas, on May 5, 2014, vessels from the growth and prosperity throughout the Asia- vention on the Law of the Sea (UNCLOS).’’; Maritime Safety Administration of China Pacific region; Whereas, in 2013, the Republic of the Phil- (MSAC) established an exclusion zone with a Whereas the increasing frequency and as- ippines properly exercised its rights to radius of three nautical miles around Hai sertiveness of patrols and competing regula- peaceful settlement mechanisms with the fil- Yang Shi You 981 (HD-981), which under- tions over disputed territory and maritime ing of arbitration case under Article 287 and mines maritime safety in the area and is in areas and airspace in the South China Sea Annex VII of the Convention on the Law of violation of universally recognized principles and the East China Sea are raising tensions the Sea in order to achieve a peaceful and of international law; and increasing the risk of confrontation; durable solution to the dispute, and the Whereas China’s territorial claims and as- Whereas the Association of Southeast United States hopes that all parties in any sociated maritime actions in support of the Asian Nations (ASEAN) has promoted multi- dispute ultimately abide by the rulings of drilling activity that Hai Yang Shi You 981 lateral talks on disputed areas without set- internationally recognized dispute-settle- (HD-981) commenced on May 1, 2014, have not tling the issue of sovereignty, and in 2002 ment bodies; been clarified under international law joined with China in signing a Declaration Whereas China and Japan are the world’s SA 3556. Mr. REID (for Mr. BLUNT) on the Conduct of Parties in the South China second and third largest economies, and have proposed an amendment to the bill S. Sea that committed all parties to those ter- a shared interest in preserving stable mari- ritorial disputes to ‘‘reaffirm their respect time domains to continue to support eco- 653, to provide for the establishment of for and commitment to the freedom of navi- nomic growth; the Special Envoy to Promote Reli- gation in and over flight above the South Whereas there has been an unprecedented gious Freedom of Religious Minorities China Sea as provided for by the universally increase in dangerous activities by Chinese in the Near East and South Central recognized principles of international law’’ maritime agencies in areas near the Asia; as follows: and to ‘‘resolve their territorial and jurisdic- Senkaku islands, including between 6 and 25 On page 1, line 5, strike ‘‘2013’’ and insert tional disputes by peaceful means, without ships of the Government of China intruding ‘‘2014’’. resorting to the threat or use of force’’; into the Japanese territorial sea each month On page 5, strike line 6 and insert the fol- Whereas ASEAN and China committed in since September 2012, between 26 and 124 lowing: 2002 to develop an effective Code of Conduct ships entering the ‘‘contiguous zone’’ in the when they adopted the Declaration on the same time period, and 9 ships intruding into SEC. 6. SUNSET. Conduct of Parties in the South China Sea, the territorial sea and 33 ships entering in This Act shall cease to be effective begin- yet negotiations are irregular and little the contiguous zone in February 2014; ning on October 1, 2019. progress has been made; Whereas, although the United States Gov- SEC. 7. FUNDING. Whereas, in recent years, there have been ernment does not take a position on the ulti- On page 5, line 9, strike ‘‘2013 through 2017’’ numerous dangerous and destabilizing inci- mate sovereignty of the Senkaku Islands, and insert ‘‘2015 through 2019’’. dents in waters near the coasts of the Phil- the United States Government acknowledges ippines, China, Malaysia, and Vietnam; that they are under the administration of f Whereas the United States Government is Japan and opposes any unilateral actions deeply concerned about unilateral actions by that would seek to undermine such adminis- NOTICE OF HEARING any claimant seeking to change the status tration; quo through the use of coercion, intimida- Whereas the United States Senate has pre- COMMITTEE ON HEALTH, EDUCATION, LABOR, tion, or military force, including the contin- viously affirmed that the unilateral actions AND PENSIONS ued restrictions on access to Scarborough of a third party will not affect the United Mr. HARKIN. Mr. President, I wish to Reef and pressure on long-standing Phil- States acknowledgment of the administra- announce that the Committee on ippine presence at the Second Thomas Shoal tion of Japan over the Senkaku Islands; Health, Education, Labor, and Pen- by the People’s Republic of China; actions by Whereas the United States remains com- sions will meet on July 17, 2014, at 10 any state to prevent any other state from ex- mitted under the Treaty of Mutual Coopera- a.m., in room SD–430 of the Dirksen ercising its sovereign rights to the resources tion and Security to respond to any armed of the exclusive economic zone (EEZ) and attack in the territories under the adminis- Senate Office Building, to conduct a continental shelf by making claims to those tration of Japan, has urged all parties to hearing entitled ‘‘More Than 1,000 Pre- areas that have no support in international take steps to prevent incidents and manage ventable Deaths a Day Is Too Many: law; declarations of administrative and mili- disagreements through peaceful means, and The Need to Improve Patient Safety.’’ tary districts in contested areas in the South commends the Government of Japan for its For further information regarding China Sea; and the imposition of new fishing restrained approach in this regard; this meeting, please contact Bill regulations covering disputed areas, which Whereas both the United States and the Gendel of the committee staff on (202) have raised tensions in the region; People’s Republic of China are parties to and Whereas international law is important to are obligated to observe the rules of the Con- 224–5480. safeguard the rights and freedoms of all vention on the International Regulations for f states in the Asia-Pacific region, and the Preventing Collisions at Sea, done at London lack of clarity in accordance with inter- October 12, 1972 (COLREGs); national law by claimants with regard to Whereas, on December 5, 2013, the USS AUTHORITY FOR COMMITTEES TO their South China Sea claims can create un- Cowpens was lawfully operating in inter- MEET certainty, insecurity, and instability; national waters in the South China Sea when COMMITTEE ON ARMED SERVICES Whereas the United States Government op- a People’s Liberation Army Navy vessel re- Mrs. HAGAN. Mr. President, I ask poses the use of intimidation, coercion, or portedly crossed its bow at a distance of less force to assert a territorial claim in the than 500 yards and stopped in the water, forc- unanimous consent that the Com- South China Sea; ing the USS Cowpens to take evasive action mittee on Armed Services be author- Whereas claims in the South China Sea to avoid a collision; ized to meet during the session of the must accord with international law, and Whereas the reported actions taken by the Senate on July 10, 2013, at 9:30 a.m. those that are not derived from land features People’s Liberation Army Navy vessel in the The PRESIDING OFFICER. Without are fundamentally flawed; USS Cowpens’ incident, as publicly reported, objection, it is so ordered. Whereas ASEAN issued Six-Point Prin- appear contrary to the international legal COMMITTEE ON FINANCE ciples on the South China Sea on July 20, obligations of the People’s Republic of China 2012, whereby ASEAN’s Foreign Ministers re- under COLREGs; Mrs. HAGAN. Mr. President, I ask iterated and reaffirmed ‘‘the commitment of Whereas, on May 1, 2014, the People’s Re- unanimous consent that the Com- ASEAN Member States to: . . . 1. the full im- public of China’s state-owned energy com- mittee on Finance be authorized to plementation of the Declaration on the Con- pany, CNOOC, placed its deepwater semi-sub- meet during the session of the Senate duct of Parties in the South China Sea (2002); mersible drilling rig Hai Yang Shi You 981 on July 10, 2013, at 2:30 p.m., in room . . . 2. the Guidelines for the Implementation (HD–981), accompanied by over 25 Chinese SD–215 of the Dirksen Senate Office of the Declaration on the Conduct of Parties ships, in Block 143, 120 nautical miles off Building, to conduct a hearing entitled in the South China Sea (2011); . . . 3. the Vietnam’s coastline; early conclusion of a Regional Code of Con- Whereas, from May 1 to May 9, 2014, the ‘‘The Preserving American’s Transit duct in the South China Sea; . . . 4. the full number of Chinese vessels escorting Hai and Highways Act.’’ respect of the universally recognized prin- Yang Shi You 981 (HD-981) increased to more The PRESIDING OFFICER. Without ciples of International Law, including the than 80, including seven military ships, objection, it is so ordered.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4434 CONGRESSIONAL RECORD — SENATE July 10, 2014

COMMITTEE ON FOREIGN RELATIONS population of about 10,000,000) are considered (2) builds the long term capacity of the Gov- Mrs. HAGAN. Mr. President, I ask food insecure. ernment of Haiti and civil society in Haiti; unanimous consent that the Com- (5) In October 2010, an unprecedented out- (3) reflects the priorities and particular needs mittee on Foreign Relations be author- break of cholera in Haiti resulted in over 500,000 of both women and men so they may participate reported cases and over 8,000 deaths to date, equally and to their maximum capacity; ized to meet during the session of the further straining the capacity of Haiti’s public (4) respects and helps restore Haiti’s natural Senate on July 10, 2014, at 10 a.m. health sector and increasing the urgency of re- resources, as well as builds community-level re- The PRESIDING OFFICER. Without settlement and water, sanitation, and hygiene silience to environmental and weather-related objection, it is so ordered. (WASH) efforts. impacts; COMMITTEE ON THE JUDICIARY (6) The international community, led by the (5) provides timely and comprehensive report- Mrs. HAGAN. Mr. President, I ask United States and the United Nations, mounted ing on goals and progress, as well as trans- an unprecedented humanitarian response in unanimous consent that the Com- parent post program evaluations and con- Haiti, with donors pledging approximately tracting data; mittee on the Judiciary be authorized $10,400,000,000 for humanitarian relief and re- (6) prioritizes the local procurement of goods to meet during the session of the Sen- covery efforts, including debt relief, supple- and services in Haiti where appropriate; and ate on July 10, 2014, at 9:30 a.m., in mented by $3,100,000,000 in private charitable (7) promotes the holding of free, fair, and room SD–226 of the Dirksen Senate Of- contributions, of which approximately timely elections in accordance with democratic fice Building, to conduct an executive $6,400,000,000 has been disbursed and an addi- principles and the Haitian Constitution. business meeting. tional $3,800,000,000 has been committed as of SEC. 4. SENSE OF CONGRESS. The PRESIDING OFFICER. Without September 30, 2013. It is the sense of Congress that transparency, (7) The emergency response of the men and objection, it is so ordered. accountability, democracy, and good govern- women of the United States Government, led by ance are integral factors in any congressional SELECT COMMITTEE ON INTELLIGENCE the United States Agency for International De- decision regarding United States assistance, in- Mrs. HAGAN. Mr. President, I ask velopment (USAID) and the United States cluding assistance to Haiti. unanimous consent that the Com- Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic orga- SEC. 5. REPORT. mittee on Intelligence be authorized to (a) IN GENERAL.—Not later than December 31, meet during the session of the Senate nizations across the United States, was particu- larly swift and resolute. 2014, and annually thereafter through December on July 10, 2014, at 2:30 p.m. (8) Since 2010, a total of $1,300,000,000 in 31, 2017, the Secretary of State shall submit to The PRESIDING OFFICER. Without United States assistance has been allocated for Congress a report on the status of post-earth- objection, it is so ordered. humanitarian relief and $2,300,000,000 has been quake recovery and development efforts in Haiti. f allocated for recovery, reconstruction, and de- velopment assistance in Haiti, including (b) CONTENTS.—The report required by sub- ASSESSING PROGRESS IN HAITI $1,140,000,000 in emergency appropriations and section (a) shall include— ACT OF 2014 $95,000,000 that has been obligated specifically (1) a summary of ‘‘Post-Earthquake USG to respond to the cholera epidemic. Haiti Strategy: Toward Renewal and Economic Mr. REID. Mr. President, I ask unan- Opportunity’’, including any significant imous consent that the Senate proceed (9) Of the $3,600,000,000 in United States as- sistance allocated for Haiti, $651,000,000 was ap- changes to the strategy over the reporting period to Calendar No. 447. portioned to USAID to support an ambitious re- and an explanation thereof; The PRESIDING OFFICER. The covery plan, including the construction of a (2) a breakdown of the work that the United clerk will report the bill by title. power plant to provide electricity for the new States Government agencies other than USAID The bill clerk read as follows: Caracol Industrial Park (CIP) in northern and the Department of State are conducting in A bill (S. 1104) to measure the progress of Haiti, a new port near the CIP, and permanent the Haiti recovery effort, and the cost of that recovery and development efforts in Haiti housing in new settlements in the Port-au- assistance; following the earthquake of January 12, 2010, Prince, St-Marc, and Cap-Haı¨tien areas. (3) an assessment of the progress of United and for other purposes. (10) According to a recent report of the Gov- States efforts to advance the objectives of the ‘‘Post-Earthquake USG Haiti Strategy: Toward There being no objection, the Senate ernment Accountability Office, as of June 30, 2013, USAID had disbursed 31 percent of its re- Renewal and Economic Opportunity’’ produced proceeded to consider the bill, which construction funds in Haiti, the port project was by the Department of State, compared to what had been reported from the Committee 2 years behind schedule and USAID funding remains to be achieved to meet specific goals, in- on Foreign Relations with an amend- will be insufficient to cover a majority of the cluding— ment to strike all after the enacting projected costs, the housing project has been re- (A) a description of any significant changes to clause and insert in lieu thereof the duced by 80 percent, and the sustainability of the Strategy over the reporting period and an following: the power plant, the port, and the housing explanation thereof; projects were all at risk. (B) an assessment of progress, or lack thereof, SECTION 1. SHORT TITLE. (11) GAO further found that Congress has not over the reporting period toward meeting the This Act may be cited as the ‘‘Assessing been provided with sufficient information to en- goals and objectives, benchmarks, and time- Progress in Haiti Act of 2014’’. sure that it is able to conduct effective oversight frames specified in the Strategy, including— SEC. 2. FINDINGS. at a time when most funding remains to be dis- (i) a description of progress toward designing Congress makes the following findings: bursed, and specifically recommends that a peri- and implementing a coordinated and sustain- (1) On January 12, 2010, a massive earthquake odic reporting mechanism be instituted to fill able housing reconstruction strategy that ad- struck near the Haitian capital city of Port-au- this information gap. dresses land ownership, secure land tenure, Prince, leaving an estimated 220,000 people (12) Donors have encountered significant water and sanitation, and the unique concerns dead, including 103 United States citizens, 101 challenges in implementing recovery programs, of vulnerable populations such as women and United Nations personnel, and nearly 18 percent and nearly 4 years after the earthquake, an es- children, as well as neighborhood and commu- of the nation’s civil service, as well as 300,000 timated 171,974 people remain displaced in nity revitalization, housing finance, and capac- injured, 115,000 homes destroyed, and 1,500,000 camps, unemployment remains high, corruption ity building for the Government of Haiti to im- people displaced. is rampant, land rights remain elusive, allega- plement an effective housing policy; (2) According to the Post Disaster Needs As- tions of wage violations are widespread, the (ii) a description of United States Government sessment conducted by the Government of Haiti, business climate is unfavorable, and government efforts to construct and sustain the proposed with technical assistance from the United Na- capacity remains weak. port, as well as an assessment of the current tions, the World Bank, the Inter-American De- (13) For Haiti to achieve stability and long projected timeline and cost for completion; and velopment Bank, the Economic Commission for term economic growth, donor assistance will (iii) a description of United States Government Latin America and the Caribbean, and the Eu- have to be carefully coordinated with a commit- efforts to attract and leverage the investments of ropean Commission, an estimated 15 percent of ment by the Government of Haiti to trans- private sector partners to the CIP, including by the population was directly affected by the dis- parency, a market economy, rule of law, and de- addressing any policy impediments; aster and related damages and economic losses mocracy. (C) a description of the quantitative and qual- totaled $7,804,000,000. (14) The legal environment in Haiti remains a itative indicators used to evaluate the progress (3) Even before the earthquake, Haiti had challenge to achieving the goals supported by toward meeting the goals and objectives, bench- some of the lowest socioeconomic indicators and the international community. marks, and timeframes specified in the Strategy the second highest rate of income disparity in SEC. 3. STATEMENT OF POLICY. at the program level; the world, conditions that have further com- It is the policy of the United States to support (D) the amounts committed, obligated, and ex- plicated post-earthquake recovery efforts and, the sustainable rebuilding and development of pended on programs and activities to implement according to the World Bank, have significantly Haiti in a manner that— the Strategy, by sector and by implementing reduced the prospects of addressing poverty re- (1) promotes efforts that are led by and sup- partner at the prime and subprime levels (in duction through economic growth. port the people and Government of Haiti at all amounts of not less than $25,000); and (4) According to the World Food Programme, levels so that Haitians lead the course of recon- (E) a description of the risk mitigation meas- more than 6,700,000 people in Haiti (out of a struction and development of Haiti; ures put in place to limit the exposure of United

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4435 States assistance provided under the Strategy to (b) ELEMENTS.—The strategy required under NEAR EAST AND SOUTH CENTRAL waste, fraud, and abuse; subsection (a) should address the following ele- ASIA RELIGIOUS FREEDOM ACT (4) a description of measures taken to ments: strengthen, and United States Government ef- (1) A plan to engage the Government of Haiti Mr. REID. Mr. President, I ask unan- forts to improve, Haitian governmental and non- on shared priorities to build long-term capacity, imous consent that the Senate proceed governmental organizational capacity to under- including the development of a professional civil to Calendar No. 268. take and sustain United States-supported recov- service, to assume increasing responsibility for The PRESIDING OFFICER. The ery programs; governance and budgetary sustainment of gov- clerk will report the bill by title. (5) as appropriate, a description of United ernmental institutions. The bill clerk read as follows: States efforts to consult and engage with Gov- (2) A plan to assist the Government of Haiti in A bill (S. 653) to provide for the establish- ernment of Haiti ministries and local authorities holding free, fair and timely elections in accord- ment of the Special Envoy to Promote Reli- on the establishment of goals and timeframes, ance with democratic principles. and on the design and implementation of new gious Freedom of Religious Minorities in the (3) Specific goals for future United States sup- Near East and South Central Asia. programs under the Post-Earthquake USG Haiti port for efforts to build the capacity of the Gov- Strategy: Toward Renewal and Economic Op- ernment of Haiti, including to– There being no objection, the Senate portunity; (A) reduce corruption; proceeded to consider the bill. (6) a description of efforts by Haiti’s legisla- (B) consolidate the rule of law and an inde- Mr. REID. Mr. President, I ask unan- tive and executive branches to consult and en- pendent judiciary; gage with Haitian civil society and grassroots imous consent that the Blunt amend- organizations on the establishment of goals and (C) strengthen the civilian police force; ment at the desk be agreed to. timeframes, and on the design and implementa- (D) develop sustainable housing, including The PRESIDING OFFICER. Without tion of new donor-financed programs, as well as ensuring appropriate titling and land ownership objection, it is so ordered. efforts to coordinate with and engage the Hai- rights; The amendment (No. 3556) was agreed (E) expand port capacity to support economic tian diaspora; to, as follows: (7) consistent with the Government of Haiti’s growth; ratification of the United Nations Convention (F) attract and leverage the investments of On page 1, line 5, strike ‘‘2013’’ and insert Against Corruption, a description of efforts of private sector partners, including to the Caracol ‘‘2014’’. On page 5, strike line 6 and insert the fol- the Governments of the United States and Haiti Industrial Park; to strengthen Government of Haiti institutions (G) promote large and small scale agricultural lowing: established to address corruption, as well as re- development in a manner that reduces food inse- SEC. 6. SUNSET. lated efforts to promote public accountability, curity and contributes to economic growth; This Act shall cease to be effective begin- meet public outreach and disclosure obligations, (H) improve access to potable water, expand ning on October 1, 2019. and support civil society participation in anti- public sanitation services, reduce the spread of SEC. 7. FUNDING. corruption efforts; infectious diseases, and address public health On page 5, line 9, strike ‘‘2013 through 2017’’ (8) a description of efforts to leverage public- crises; and insert ‘‘2015 through 2019’’. private partnerships and increase the involve- (I) restore the natural resources of Haiti, in- Mr. REID. I personally do not know ment of the private sector in Haiti in recovery cluding enhancing reforestation efforts through- and development activities and coordinate pro- out the country; and of any more debate on this matter. grams with the private sector and other donors; (J) gain access to safe, secure, and affordable The PRESIDING OFFICER. If there (9) a description of efforts to address the par- supplies of energy in order to strengthen eco- is no further debate, the question is on ticular needs of vulnerable populations, includ- nomic growth and energy security. the engrossment and third reading of ing internally displaced persons, women, chil- (c) CONSULTATION.—In devising the strategy the bill. dren, orphans, and persons with disabilities, in required under subsection (a), the Secretary The bill (S. 653), as amended, was or- the design and implementation of new programs should— dered to be engrossed for a third read- and infrastructure; (1) coordinate with all United States Govern- (10) a description of the impact that agri- ing, was read the third time, and ment departments and agencies carrying out passed. culture and infrastructure programs are having work in Haiti; on the food security, livelihoods, and land ten- (2) consult with the Government of Haiti, in- S. 653 ure security of smallholder farmers, particularly cluding the National Assembly of Haiti, and Be it enacted by the Senate and House of Rep- women; representatives of private and nongovernmental resentatives of the United States of America in (11) a description of mechanisms for commu- sectors in Haiti; and Congress assembled, nicating the progress of recovery and develop- (3) consult with relevant multilateral organi- SECTION 1. SHORT TITLE. ment efforts to the people of Haiti, including a zations, multilateral development banks, private This Act may be cited as the ‘‘Near East description of efforts to provide documentation, sector institutions, nongovernmental organiza- and South Central Asia Religious Freedom reporting and procurement information in Hai- tions, and foreign governments present in Haiti. Act of 2014’’. tian Creole; (d) BRIEFINGS.—The Secretary of State, at the (12) a description of the steps the Government SEC. 2. SPECIAL ENVOY TO PROMOTE RELIGIOUS request of the Committee on Foreign Relations of Haiti is taking to strengthen its capacity to FREEDOM OF RELIGIOUS MINORI- of the Senate and the Committee on Foreign Af- TIES IN THE NEAR EAST AND SOUTH receive individuals who are removed, excluded, fairs of the House of Representatives, shall pro- CENTRAL ASIA. or deported from the United States; and (13) an assessment of actions necessary to be vide a quarterly briefing that reviews progress of (a) APPOINTMENT.—The President may ap- taken by the Government of Haiti to assist in the implementation of the strategy required point a Special Envoy to Promote Religious fulfilling the objectives of the Strategy. under subsection (a). Freedom of Religious Minorities in the Near East and South Central Asia (in this Act re- SEC. 6. STRATEGY. Mr. REID. I ask unanimous consent ferred to as the ‘‘Special Envoy’’) within the (a) IN GENERAL.—Not later than 180 days that the committee-reported substitute Department of State. The Special Envoy after the date of the enactment of this Act, the amendment be agreed to. shall have the rank of ambassador and shall Secretary of State, acting through the Assistant The PRESIDING OFFICER. Without hold the office at the pleasure of the Presi- Secretary of State for Western Hemisphere Af- objection, it is so ordered. dent. fairs, shall coordinate and transmit to the Com- (b) QUALIFICATIONS.—The Special Envoy mittee on Foreign Relations and the Committee Mr. REID. I do not know of any fur- should be a person of recognized distinction on Appropriations of the Senate and the Com- ther debate on this bill. in the field of human rights and religious mittee on Foreign Affairs and the Committee on The PRESIDING OFFICER. If there freedom and with expertise in the Near East Appropriations of the House of Representatives is no further debate, the question is on and South Central Asia. a three-year Haiti strategy based on rigorous as- the engrossment and third reading of sessments that— the bill. SEC. 3. DUTIES. (a) IN GENERAL.—The Special Envoy shall (1) identifies and addresses constraints to sus- The bill was ordered to be engrossed tainable, broad-based economic growth and to carry out the following duties: the consolidation of responsive, democratic gov- for a third reading, was read the third (1) Promote the right of religious freedom ernment institutions; time, and passed. of religious minorities in the countries of the (2) includes an action plan that outlines pol- The bill (S. 1104), as amended, was Near East and the countries of South Central icy tools, technical assistance, and anticipated passed. Asia, denounce the violation of such right, resources for addressing the highest-priority Mr. REID. Mr. President, I ask unan- and recommend appropriate responses by the constraints to economic growth and the consoli- imous consent that the motions to re- United States Government when such right dation of democracy, as well as a specific de- consider be considered made and laid is violated. (2) Monitor and combat acts of religious in- scription of mechanisms for monitoring and upon the table, with no intervening ac- evaluating progress; and tolerance and incitement targeted against (3) identifies specific steps and verifiable tion or debate. religious minorities in the countries of the benchmarks appropriate to provide direct bilat- The PRESIDING OFFICER. Without Near East and the countries of South Central eral assistance to the Government of Haiti. objection, it is so ordered. Asia.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4436 CONGRESSIONAL RECORD — SENATE July 10, 2014 (3) Work to ensure that the unique needs of to Calendar Nos. 454 through 457, which third reading, was read the third time, religious minority communities in the coun- are all post office naming bills. and passed. tries of the Near East and the countries of There being no objection, the Senate f South Central Asia are addressed, including proceeded to consider the bills en bloc. the economic and security needs of such LANCE CORPORAL DANIEL NA- Mr. REID. Mr. President, I ask unan- communities. THAN DEYARMIN, JR., POST OF- imous consent that the bills be read a (4) Work with foreign governments of the FICE BUILDING countries of the Near East and the countries third time and passed en bloc and the of South Central Asia to address laws that motions to reconsider be laid upon the The bill (H.R. 1813) to redesignate the are discriminatory toward religious minor- table en bloc, with no intervening ac- facility of the United States Postal ity communities in such countries. tion or debate. Service located at 162 Northeast Ave- (5) Coordinate and assist in the preparation The PRESIDING OFFICER. Without nue in Tallmadge, Ohio, as the ‘‘Lance of that portion of the report required by sec- objection, it is so ordered. Corporal Daniel Nathan Deyarmin, Jr., tions 116(d) and 502B(b) of the Foreign Assist- Post Office Building’’, was ordered to a ance Act of 1961 (22 U.S.C. 2151n(d) and f third reading, was read the third time, 2304(b)) relating to the nature and extent of religious freedom of religious minorities in SERGEANT BRETT E. GORNEWICZ and passed. the countries of the Near East and the coun- MEMORIAL POST OFFICE f tries of South Central Asia. The bill (S. 2056) to designate the fa- LAWFUL USES OF ASIA-PACIFIC (6) Coordinate and assist in the preparation cility of the United States Postal Serv- of that portion of the report required by sec- MARITIME DOMAINS tion 102(b) of the International Religious ice located at 13127 Broadway Street in Mr. REID. Mr. President, I ask unan- Freedom Act of 1998 (22 U.S.C. 6412(b)) relat- Alden, New York, as the ‘‘Sergeant imous consent the Senate proceed to ing to the nature and extent of religious Brett E. Gornewicz Memorial Post Of- immediate consideration of Calendar freedom of religious minorities in the coun- fice’’, was ordered to be engrossed for a No. 380, S. Res. 412. tries of the Near East and the countries of third reading, was read the third time, The PRESIDING OFFICER. Without South Central Asia. and passed, as follows: objection, it is so ordered. (b) COORDINATION.—In carrying out the du- ties under subsection (a), the Special Envoy S. 2056 The clerk will report the resolution shall, to the maximum extent practicable, Be it enacted by the Senate and House of by title. coordinate with the Assistant Secretary of Representatives of the United States of America The bill clerk read as follows: State for Population, Refugees and Migra- in Congress assembled, A resolution (S. Res. 412) reaffirming the tion, the Ambassador at Large for Inter- SECTION 1. SERGEANT BRETT E. GORNEWICZ ME- strong support of the United States Govern- national Religious Freedom, the United MORIAL POST OFFICE. ment for freedom of navigation and other States Commission on International Reli- (a) DESIGNATION.—The facility of the internationally lawful uses of sea and air- gious Freedom, and other relevant Federal United States Postal Service located at 13127 space in the Asia-Pacific region, and for the agencies and officials. Broadway Street in Alden, New York, shall peaceful diplomatic resolution of out- SEC. 4. DIPLOMATIC REPRESENTATION. be known and designated as the ‘‘Sergeant standing territorial and maritime claims and Subject to the direction of the President Brett E. Gornewicz Memorial Post Office’’. disputes. and the Secretary of State, the Special (b) REFERENCES.—Any reference in a law, There being no objection, the Senate Envoy is authorized to represent the United map, regulation, document, paper, or other proceeded to consider the resolution, States in matters and cases relevant to reli- record of the United States to the facility re- which had been reported from the Com- gious freedom in the countries of the Near ferred to in subsection (a) shall be deemed to East and the countries of South Central Asia mittee on Foreign Relations, with be a reference to the ‘‘Sergeant Brett E. amendments and an amendment to the in— Gornewicz Memorial Post Office’’. (1) contacts with foreign governments, preamble. intergovernmental organizations, and spe- f (The part of the resolution intended cialized agencies of the United Nations, the SPECIALIST RYAN P. JAYNE POST to be stricken is shown in boldface Organization of Security and Cooperation in OFFICE BUILDING brackets and the part of the resolution Europe, and other international organiza- intended to be inserted is shown in tions of which the United States is a mem- The bill (S. 2057) to designate the fa- italic.) ber; and cility of the United States Postal Serv- (The part of the preamble to be in- (2) multilateral conferences and meetings ice located at 198 Baker Street in Cor- serted is shown in italic.) relevant to religious freedom in the coun- ning, New York, as the ‘‘Specialist S. RES. 412 tries of the Near East and the countries of Ryan P. Jayne Post Office Building’’, South Central Asia. Whereas Asia-Pacific’s maritime domains, was ordered to be engrossed for a third SEC. 5. CONSULTATIONS. which include both the sea and airspace The Special Envoy shall consult with do- reading, was read the third time, and above the domains, are critical to the re- mestic and international nongovernmental passed, as follows: gion’s prosperity, stability, and security, in- organizations and multilateral organizations S. 2057 cluding global commerce; Whereas the United States is a long- and institutions, as the Special Envoy con- Be it enacted by the Senate and House of standing Asia-Pacific power and has a na- siders appropriate to fulfill the purposes of Representatives of the United States of America this Act. tional interest in maintaining freedom of op- in Congress assembled, SEC. 6. SUNSET. erations in international waters and airspace This Act shall cease to be effective begin- SECTION 1. SPECIALIST RYAN P. JAYNE POST OF- both in the Asia-Pacific region and around FICE BUILDING. ning on October 1, 2019. the world; (a) DESIGNATION.—The facility of the SEC. 7. FUNDING. Whereas, for over 60 years, the United United States Postal Service located at 198 Of the amounts appropriated or otherwise States Government, alongside United States Baker Street in Corning, New York, shall be made available to the Secretary of State for allies and partners, has played an instru- known and designated as the ‘‘Specialist ‘‘Diplomatic and Consular Programs’’ for fis- mental role in maintaining stability in the cal years 2015 through 2019, the Secretary of Ryan P. Jayne Post Office Building’’. Asia-Pacific, including safeguarding the State is authorized to provide to the Special (b) REFERENCES.—Any reference in a law, prosperity and economic growth and develop- Envoy $1,000,000 for each such fiscal year for map, regulation, document, paper, or other ment of the Asia-Pacific region; the hiring of staff, the conduct of investiga- record of the United States to the facility re- Whereas the United States, from the ear- tions, and necessary travel to carry out the ferred to in subsection (a) shall be deemed to liest days of the Republic, has had a deep and provisions of this Act. be a reference to the ‘‘Specialist Ryan P. abiding national security interest in freedom Jayne Post Office Building’’. Mr. REID. Mr. President, I ask unan- of navigation, freedom of the seas, respect imous consent that the motions to re- f for international law, and unimpeded lawful commerce, including in the East China and consider be considered made and laid JUDGE SHIRLEY A. TOLENTINO upon the table. South China Seas; POST OFFICE BUILDING Whereas the United States alliance rela- The PRESIDING OFFICER. Without tionships in the region, including with objection, it is so ordered. The bill (H.R. 1376) to designate the facility of the United States Postal Japan, Korea, Australia, the Philippines, and f Thailand, are at the heart of United States Service located at 369 Martin Luther THE CALENDAR policy and engagement in the Asia-Pacific King Jr. Drive in Jersey City, New Jer- region, and share a common approach to sup- Mr. REID. Mr. President, I ask unan- sey, as the ‘‘Judge Shirley A. Tolentino porting the maintenance of peace and sta- imous consent that the Senate proceed Post Office Building’’, was ordered to a bility, freedom of navigation, and other

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4437 internationally lawful uses of sea and air- the unwavering United States commitment Whereas, in recent years, there have been space in the Asia-Pacific region; to peace, security and stability in the Asia- numerous dangerous and destabilizing inci- Whereas territorial and maritime claims Pacific region; dents in waters near the coasts of the Phil- must be derived from land features and oth- Whereas the Government of Japan ex- ippines, China, Malaysia, and Vietnam; erwise comport with international law; pressed deep concern about the People’s Re- Whereas the United States Government is Whereas the United States Government public of China’s declaration of such a zone, deeply concerned about unilateral actions by has a clear interest in encouraging and sup- regarding it as an effort to unduly infringe any claimant seeking to change the status porting the nations of the region to work upon the freedom of flight in international quo through the use of coercion, intimida- collaboratively and diplomatically to resolve airspace and to change the status quo that tion, or military force, including the contin- disputes and is firmly opposed to coercion, could escalate tensions and potentially cause ued restrictions on access to Scarborough intimidation, threats, or the use of force; unintentional consequences in the East Reef and pressure on long-standing Phil- Whereas the South China Sea contains China Sea; ippine presence at the Second Thomas Shoal great natural resources, and their steward- Whereas the Government of the Republic by the People’s Republic of China; actions by ship and responsible use offers immense po- of Korea has expressed concern over China’s any state to prevent any other state from ex- tential benefit for generations to come; declared ADIZ, and on December 9, 2013, an- ercising its sovereign rights to the resources Whereas the United States is not a claim- nounced an adjustment to its longstanding of the exclusive economic zone (EEZ) and ant party in either the East China or South Air Defense Identification Zone, which does continental shelf by making claims to those China Seas, but does have an interest in the not encompass territory administered by an- areas that have no support in international peaceful diplomatic resolution of disputed other country, and did so only after under- law; declarations of administrative and mili- claims in accordance with international law, taking a deliberate process of consultations tary districts in contested areas in the South in freedom of operations, and in the free-flow with the United States, Japan, and China; China Sea; and the imposition of new fishing of commerce free of coercion, intimidation, Whereas the Government of the Phil- regulations covering disputed areas, which or the use of force; ippines has stressed that China’s declared have raised tensions in the region; Whereas the United States supports the ob- ADIZ seeks to transfer an entire air zone Whereas international law is important to ligation of all members of the United Na- tions to seek to resolve disputes by peaceful into Chinese domestic airspace, infringes on safeguard the rights and freedoms of all means; freedom of flight in international airspace, states in the Asia-Pacific region, and the Whereas freedom of navigation and other and compromises the safety of civil aviation lack of clarity in accordance with inter- lawful uses of sea and airspace in the Asia- and the national security of affected states, national law by claimants with regard to Pacific region are embodied in international and has called on China to ensure that its ac- their South China Sea claims can create un- law, not granted by certain states to others; tions do not jeopardize regional security and certainty, insecurity, and instability; Whereas, on November 23, 2013, the Peo- stability; Whereas the United States Government op- ple’s Republic of China unilaterally and Whereas, on November 26, 2013, the Govern- poses the use of intimidation, coercion, or without prior consultations with the United ment of Australia made clear in a statement force to assert a territorial claim in the States, Japan, the Republic of Korea or its opposition to any coercive or unilateral South China Sea; other nations of the Asia-Pacific region, de- actions to change the status quo in the East Whereas claims in the South China Sea clared an Air Defense Identification Zone China Sea; must accord with international law, and (ADIZ) in the East China Sea, also announc- Whereas, on March 10, 2014, the United those that are not derived from land features ing that all aircraft entering the PRC’s self- States Government and the Government of are fundamentally flawed; declared ADIZ, even if they do not intend to Japan jointly submitted a letter to the ICAO Whereas ASEAN issued Six-Point Prin- enter Chinese territorial airspace, would Secretariat regarding the issue of freedom of ciples on the South China Sea on July 20, have to submit flight plans, maintain radio overflight by civil aircraft in international 2012, whereby ASEAN’s Foreign Ministers re- contact, and follow directions from the Chi- airspace and the effective management of iterated and reaffirmed ‘‘the commitment of nese Ministry of National Defense or face civil air traffic within allocated Flight Infor- ASEAN Member States to: . . . 1. the full im- ‘‘emergency defensive measures’’; mation Regions (FIR); plementation of the Declaration on the Con- Whereas the ‘‘rules of engagement’’ de- Whereas Indonesia Foreign Minister Marty duct of Parties in the South China Sea (2002); clared by China, including the ‘‘emergency Natalegawa, in a hearing before the Com- . . . 2. the Guidelines for the Implementation defensive measures’’, are in violation of the mittee on Defense and Foreign Affairs on of the Declaration on the Conduct of Parties concept of ‘‘due regard for the safety of civil February 18, 2014, stated, ‘‘We have firmly in the South China Sea (2011); . . . 3. the aviation’’ under the Chicago Convention of told China we will not accept a similar [Air early conclusion of a Regional Code of Con- the International Civil Aviation Organiza- Defense Identification] Zone if it is adopted duct in the South China Sea; . . . 4. the full tion’s Chicago Convention and thereby are a in the South China Sea. And the signal we respect of the universally recognized prin- departure from accepted practice; have received thus far is, China does not plan ciples of International Law, including the Whereas the Chicago Convention of the to adopt a similar Zone in the South China 1982 United Nations Convention on the Law International Civil Aviation Organization Sea.’’; of the Sea (UNCLOS); . . . 5. the continued distinguishes between civilian aircraft and Whereas over half the world’s merchant exercise of self-restraint and non-use of force state aircraft and provides for the specific tonnage flows through the South China Sea, by all parties; and . . . 6. the peaceful resolu- obligations of state parties, consistent with and over 15,000,000 barrels of oil per day tran- tion of disputes, in accordance with univer- customary law, to ‘‘refrain from resorting to sit the Strait of Malacca, fueling economic sally recognized principles of International the use of weapons against civil aircraft in growth and prosperity throughout the Asia- Law, including the 1982 United Nations Con- flight and . . . in case of interception, the Pacific region; vention on the Law of the Sea (UNCLOS).’’; lives of persons on board and the safety of Whereas the increasing frequency and as- Whereas, in 2013, the Republic of the Phil- aircraft must not be endangered’’; sertiveness of patrols and competing regula- ippines properly exercised its rights to Whereas international civil aviation is reg- tions over disputed territory and maritime peaceful settlement mechanisms with the fil- ulated by international agreements, includ- areas and airspace in the South China Sea ing of arbitration case under Article 287 and ing standards and regulations set by ICAO and the East China Sea are raising tensions Annex VII of the Convention on the Law of for aviation safety, security, efficiency and and increasing the risk of confrontation; the Sea in order to achieve a peaceful and regularity, as well as for aviation environ- Whereas the Association of Southeast durable solution to the dispute, and the mental protection; Asian Nations (ASEAN) has promoted multi- United States hopes that all parties in any Whereas, in accordance with the norm of lateral talks on disputed areas without set- dispute ultimately abide by the rulings of airborne innocent passage, the United States tling the issue of sovereignty, and in 2002 internationally recognized dispute-settle- does not recognize the right of a coastal na- joined with China in signing a Declaration ment bodies; tion to apply its ADIZ procedures to foreign on the Conduct of Parties in the South China Whereas China and Japan are the world’s state aircraft not intending to enter national Sea that committed all parties to those ter- second and third largest economies, and have airspace nor does the United States apply its ritorial disputes to ‘‘reaffirm their respect a shared interest in preserving stable mari- ADIZ procedures to foreign state aircraft not for and commitment to the freedom of navi- time domains to continue to support eco- intending to enter United States airspace; gation in and over flight above the South nomic growth; Whereas the United States Government ex- China Sea as provided for by the universally Whereas there has been an unprecedented pressed profound concerns with China’s uni- recognized principles of international law’’ increase in dangerous activities by Chinese lateral, provocative, dangerous, and desta- and to ‘‘resolve their territorial and jurisdic- maritime agencies in areas near the bilizing declaration of such a zone, including tional disputes by peaceful means, without Senkaku islands, including between 6 and 25 the potential for misunderstandings and mis- resorting to the threat or use of force’’; ships of the Government of China intruding calculations by aircraft operating lawfully Whereas ASEAN and China committed in into the Japanese territorial sea each month in international airspace; 2002 to develop an effective Code of Conduct since September 2012, between 26 and 124 Whereas the People’s Republic of China’s when they adopted the Declaration on the ships entering the ‘‘contiguous zone’’ in the declaration of an ADIZ in the East China Sea Conduct of Parties in the South China Sea, same time period, and 9 ships intruding into will not alter how the United States Govern- yet negotiations are irregular and little the territorial sea and 33 ships entering in ment conducts operations in the region or progress has been made; the contiguous zone in February 2014;

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4438 CONGRESSIONAL RECORD — SENATE July 10, 2014 Whereas, although the United States Gov- sia, New Zealand, Papua New Guinea, the (1) reaffirm its unwavering commitment ernment does not take a position on the ulti- People’s Republic of China, the Philippines, and support for allies and partners in the mate sovereignty of the Senkaku Islands, the Republic of Korea, the Russian Federa- Asia-Pacific region, including longstanding the United States Government acknowledges tion, Singapore, Thailand, Tonga, the United United States policy regarding Article V of that they are under the administration of States, and Vietnam, whose countries all the United States-Philippines Mutual De- Japan and opposes any unilateral actions border the Pacific Ocean region, provides a fense Treaty and that Article V of the that would seek to undermine such adminis- forum where leaders of regional navies can United States-Japan Mutual Defense Treaty tration; meet to discuss cooperative initiatives, dis- applies to the Japanese-administered Whereas the United States Senate has pre- cuss regional and global maritime issues, Senkaku Islands; viously affirmed that the unilateral actions and undertake exercises to strengthen norms (2) oppose claims that impinge on the of a third party will not affect the United and practices that contribute to operational rights, freedoms, and lawful use of the sea States acknowledgment of the administra- safety, including protocols for unexpected that belong to all nations; tion of Japan over the Senkaku Islands; encounters at sea, common ways of commu- (3) urge all parties to refrain from engag- Whereas the United States remains com- nication, common ways of operating, and ing in destabilizing activities, including ille- mitted under the Treaty of Mutual Coopera- common ways of engagement; gal occupation or efforts to unlawfully assert tion and Security to respond to any armed Whereas, Japan and the People’s Republic administration over disputed claims; attack in the territories under the adminis- of China sought to negotiate a Maritime (4) ensure that disputes are managed with- tration of Japan, has urged all parties to Communications Mechanism between the de- out intimidation, coercion, or force; take steps to prevent incidents and manage fense authorities and a Maritime Search and (5) call on all claimants to clarify or adjust disagreements through peaceful means, and Rescue Agreement and agreed in principle to claims in accordance with international law; commends the Government of Japan for its these agreements to address operational (6) support efforts by ASEAN and the Peo- restrained approach in this regard; safety on the maritime domains but failed to ple’s Republic of China to develop an effec- Whereas both the United States and the sign them; tive Code of Conduct, including the ‘‘early People’s Republic of China are parties to and Whereas the Changi Command and Control harvest’’ of agreed-upon elements in the are obligated to observe the rules of the Con- Center in Singapore provides a platform for Code of Conduct that can be implemented vention on the International Regulations for all the countries of the Western Pacific to immediately; Preventing Collisions at Sea, done at London share information on what kind of contact at (7) reaffirm that an existing body of inter- October 12, 1972 (COLREGs); sea and to provide a common operational national rules and guidelines, including the Whereas, on December 5, 2013, the USS picture for the region; International Regulations for Preventing Cowpens was lawfully operating in inter- Whereas 2014 commemorates the 35th anni- Collisions at Sea, done at London October 12, national waters in the South China Sea when versary of normalization of diplomatic rela- 1972 (COLREGs), is sufficient to ensure the a People’s Liberation Army Navy vessel re- tions between the United States and the Peo- safety of navigation between the United portedly crossed its bow at a distance of less ple’s Republic of China, and the United States Armed Forces and the forces of other than 500 yards and stopped in the water, forc- States welcomes the development of a peace- countries, including the People’s Republic of ing the USS Cowpens to take evasive action ful and prosperous China that becomes a re- China; to avoid a collision; sponsible international stakeholder, the gov- (8) support the development of regional in- Whereas the reported actions taken by the ernment of which respects international stitutions and bodies, including the ASEAN People’s Liberation Army Navy vessel in the norms, international laws, international in- Regional Forum, the ASEAN Defense Min- USS Cowpens’ incident, as publicly reported, stitutions, and international rules; enhances ister’s Meeting Plus, the East Asia Summit, appear contrary to the international legal security and peace; and seeks to advance re- and the expanded ASEAN Maritime Forum, obligations of the People’s Republic of China lations between the United States and China; to build practical cooperation in the region under COLREGs; and and reinforce the role of international law; Whereas, on May 1, 2014, the People’s Repub- Whereas ASEAN plays an important role, (9) encourage the adoption of mechanisms lic of China’s state-owned energy company, in partnership with others in the regional such as hotlines or emergency procedures for CNOOC, placed its deepwater semi-submersible and international community, in addressing preventing incidents in sensitive areas, man- drilling rig Hai Yang Shi You 981 (HD–981), ac- maritime security issues in the Asia-Pacific companied by over 25 Chinese ships, in Block region and the Indian Ocean, including open aging them if they occur, and preventing dis- 143, 120 nautical miles off Vietnam’s coastline; access to the maritime domain of Asia; Now, putes from escalating; Whereas, from May 1 to May 9, 2014, the num- therefore, be it (10) fully support the rights of claimants to ber of Chinese vessels escorting HD–981 in- Resolved, exercise rights they may have to avail them- creased to more than 80, including seven mili- SECTION 1. SENSE OF THE SENATE. selves of peaceful dispute settlement mecha- tary ships, which aggressively patrolled and in- The Senate— nisms; timidated Vietnamese Coast Guard ships in vio- (1) condemns coercive and threatening ac- (11) encourage claimants not to undertake lation of COLREGS, reportedly intentionally tions or the use of force to impede freedom of new unilateral attempts to change the status rammed multiple Vietnamese vessels, and used operations in international airspace by mili- quo since the signing of the 2002 Declaration helicopters and water cannons to obstruct oth- tary or civilian aircraft, to alter the status of Conduct, including not asserting adminis- ers; quo or to destabilize the Asia-Pacific region; trative measures or controls in disputed Whereas, on May 5, 2014, vessels from the (2) urges the Government of the People’s areas in the South China Sea; Maritime Safety Administration of China Republic of China to refrain from imple- (12) encourage the deepening of partner- (MSAC) established an exclusion zone with a menting the declared East China Sea Air De- ships with other countries in the region for radius of three nautical miles around HD–981, fense Identification Zone (ADIZ), which is maritime domain awareness and capacity which undermines maritime safety in the area contrary to freedom of overflight in inter- building, as well as efforts by the United and is in violation of universally recognized national airspace, and to refrain from taking States Government to explore the develop- principles of International Law, including the similar provocative actions elsewhere in the ment of appropriate multilateral mecha- 1982 United Nations Convention on the Law of Asia-Pacific regionø; and¿; nisms for a ‘‘common operating picture’’ in the Sea (UNCLOS); (3) commends the Governments of Japan the South China Sea that would serve to Whereas China’s territorial claims and associ- and of the Republic of Korea for their re- help countries avoid destabilizing behavior ated maritime actions in support of the drilling straint, and commends the Government of and deter risky and dangerous activities; and activity that HD-981 commenced on May 1, 2014, the Republic of Korea for engaging in a de- (13) assure the continuity of operations by have not been clarified under international law, liberate process of consultations with the the United States in the Asia-Pacific region, including as defined by the 1982 United Nations United States, Japan and China prior to an- including, when appropriate, in cooperation Convention on the Law of the Sea, constitute a nouncing its adjustment of its Air Defense with partners and allies, to reaffirm the unilateral attempt to change the status quo by Identification Zone on December 9, 2013, and principle of freedom of operations in inter- force, and appear to be in violation of the 2002 for its commitment to implement this ad- national waters and airspace in accordance Declaration on the Conduct of Parties in the justed Air Defense Identification Zone with established principles and practices of South China Sea; (ADIZ) in a manner consistent with inter- international law. Whereas, on January 19, 1998, the United national practice and respect for the freedom Mr. REID. I further ask that the States and People’s Republic of China signed of overflight and other internationally law- committee-reported amendments to the Military Maritime Consultative Agree- ful uses of international airspace; and the resolution be agreed to; the Menen- ment, creating a mechanism for consultation (4) calls on the Government of the People’s dez amendment to the resolution, and coordination on operational safety Republic of China to withdraw its HD–981 drill- which is at the desk, be agreed to; the issues in the maritime domain between the ing rig and associated maritime forces from their Paul amendment, which is at the desk, current positions, to refrain from maritime ma- United States and the People’s Republic of be agreed to; the resolution, as amend- China; neuvers contrary to COLREGS, and to return Whereas the Western Pacific Naval Sympo- immediately to the status quo as it existed before ed, be agreed to; further, that the com- sium, inaugurated in 1988 and comprising the May 1, 2014. mittee-reported amendment to the pre- navies of Australia, Brunei, Cambodia, Can- SEC. 2. STATEMENT OF POLICY. amble be agreed to; the Menendez ada, Chile, France, Indonesia, Japan, Malay- It is the policy of the United States to— amendment to the preamble, which is

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4439 at the desk, be agreed to; the preamble, Whereas the Government of the Republic any state to prevent any other state from ex- as amended, be agreed to; and finally, of Korea has expressed concern over China’s ercising its sovereign rights to the resources the motions to reconsider be consid- declared ADIZ, and on December 9, 2013, an- of the exclusive economic zone (EEZ) and ered made and laid upon the table, with nounced an adjustment to its longstanding continental shelf by making claims to those Air Defense Identification Zone, which does areas that have no support in international no intervening action or debate. not encompass territory administered by an- law; declarations of administrative and mili- The PRESIDING OFFICER. Without other country, and did so only after under- tary districts in contested areas in the South objection, it is so ordered. taking a deliberate process of consultations China Sea; and the imposition of new fishing The committee-reported amendments with the United States, Japan, and China; regulations covering disputed areas, which were agreed to. Whereas the Government of the Phil- have raised tensions in the region; The amendment (No. 3553) was agreed ippines has stressed that China’s declared Whereas international law is important to to, as follows: ADIZ seeks to transfer an entire air zone safeguard the rights and freedoms of all into Chinese domestic airspace, infringes on (Purpose: To make a technical correction) states in the Asia-Pacific region, and the freedom of flight in international airspace, On page 13, line 24, strike ‘‘HD–981’’ and lack of clarity in accordance with inter- and compromises the safety of civil aviation national law by claimants with regard to insert ‘‘Hai Yang Shi You 981 (HD-981)’’. and the national security of affected states, The amendment (No. 3554) was agreed their South China Sea claims can create un- and has called on China to ensure that its ac- certainty, insecurity, and instability; to, as follows: tions do not jeopardize regional security and Whereas the United States Government op- stability; (Purpose: To clarify that nothing in the reso- poses the use of intimidation, coercion, or Whereas, on November 26, 2013, the Govern- lution shall be construed as a declaration force to assert a territorial claim in the ment of Australia made clear in a statement of war or authorization to use force) South China Sea; its opposition to any coercive or unilateral At the end, add the following: Whereas claims in the South China Sea actions to change the status quo in the East SEC. 3. RULE OF CONSTRUCTION. must accord with international law, and China Sea; Nothing in this resolution shall be con- those that are not derived from land features Whereas, on March 10, 2014, the United strued as a declaration of war or authoriza- States Government and the Government of are fundamentally flawed; tion to use force. Japan jointly submitted a letter to the ICAO Whereas ASEAN issued Six-Point Prin- The resolution (S. Res. 412), as Secretariat regarding the issue of freedom of ciples on the South China Sea on July 20, amended, was agreed to. overflight by civil aircraft in international 2012, whereby ASEAN’s Foreign Ministers re- The committee-reported amendment airspace and the effective management of iterated and reaffirmed ‘‘the commitment of to the preamble was agreed to. civil air traffic within allocated Flight Infor- ASEAN Member States to: . . . 1. the full im- The amendment (No. 3555) was agreed mation Regions (FIR); plementation of the Declaration on the Con- duct of Parties in the South China Sea (2002); to, as follows: Whereas Indonesia Foreign Minister Marty Natalegawa, in a hearing before the Com- . . . 2. the Guidelines for the Implementation (Purpose: To improve the preamble) mittee on Defense and Foreign Affairs on of the Declaration on the Conduct of Parties Beginning in the thirteenth whereas clause February 18, 2014, stated, ‘‘We have firmly in the South China Sea (2011); . . . 3. the of the preamble, strike ‘‘Organization’s’’ and told China we will not accept a similar [Air early conclusion of a Regional Code of Con- all that follows through ‘‘Law of the Sea’’ in Defense Identification] Zone if it is adopted duct in the South China Sea; . . . 4. the full the forty-seventh whereas clause and insert in the South China Sea. And the signal we respect of the universally recognized prin- the following: ‘‘Organization and thereby are have received thus far is, China does not plan ciples of International Law, including the a departure from accepted practice; to adopt a similar Zone in the South China 1982 United Nations Convention on the Law Whereas the Chicago Convention of the Sea.’’; of the Sea (UNCLOS); . . . 5. the continued International Civil Aviation Organization Whereas over half the world’s merchant exercise of self-restraint and non-use of force distinguishes between civilian aircraft and tonnage flows through the South China Sea, by all parties; and . . . 6. the peaceful resolu- state aircraft and provides for the specific and over 15,000,000 barrels of oil per day tran- tion of disputes, in accordance with univer- obligations of state parties, consistent with sit the Strait of Malacca, fueling economic sally recognized principles of International customary law, to ‘‘refrain from resorting to growth and prosperity throughout the Asia- Law, including the 1982 United Nations Con- the use of weapons against civil aircraft in Pacific region; vention on the Law of the Sea (UNCLOS).’’; flight and . . . in case of interception, the Whereas the increasing frequency and as- Whereas, in 2013, the Republic of the Phil- lives of persons on board and the safety of sertiveness of patrols and competing regula- ippines properly exercised its rights to aircraft must not be endangered’’; tions over disputed territory and maritime peaceful settlement mechanisms with the fil- Whereas international civil aviation is reg- areas and airspace in the South China Sea ing of arbitration case under Article 287 and ulated by international agreements, includ- and the East China Sea are raising tensions Annex VII of the Convention on the Law of ing standards and regulations set by ICAO and increasing the risk of confrontation; the Sea in order to achieve a peaceful and for aviation safety, security, efficiency and Whereas the Association of Southeast durable solution to the dispute, and the regularity, as well as for aviation environ- Asian Nations (ASEAN) has promoted multi- United States hopes that all parties in any mental protection; lateral talks on disputed areas without set- dispute ultimately abide by the rulings of Whereas, in accordance with the norm of tling the issue of sovereignty, and in 2002 internationally recognized dispute-settle- airborne innocent passage, the United States joined with China in signing a Declaration ment bodies; does not recognize the right of a coastal na- on the Conduct of Parties in the South China Whereas China and Japan are the world’s tion to apply its ADIZ procedures to foreign Sea that committed all parties to those ter- second and third largest economies, and have state aircraft not intending to enter national ritorial disputes to ‘‘reaffirm their respect a shared interest in preserving stable mari- airspace nor does the United States apply its for and commitment to the freedom of navi- time domains to continue to support eco- ADIZ procedures to foreign state aircraft not gation in and over flight above the South nomic growth; intending to enter United States airspace; China Sea as provided for by the universally Whereas there has been an unprecedented Whereas the United States Government ex- recognized principles of international law’’ increase in dangerous activities by Chinese pressed profound concerns with China’s uni- and to ‘‘resolve their territorial and jurisdic- maritime agencies in areas near the lateral, provocative, dangerous, and desta- tional disputes by peaceful means, without Senkaku islands, including between 6 and 25 bilizing declaration of such a zone, including resorting to the threat or use of force’’; ships of the Government of China intruding the potential for misunderstandings and mis- Whereas ASEAN and China committed in into the Japanese territorial sea each month calculations by aircraft operating lawfully 2002 to develop an effective Code of Conduct since September 2012, between 26 and 124 in international airspace; when they adopted the Declaration on the ships entering the ‘‘contiguous zone’’ in the Whereas the People’s Republic of China’s Conduct of Parties in the South China Sea, same time period, and 9 ships intruding into declaration of an ADIZ in the East China Sea yet negotiations are irregular and little the territorial sea and 33 ships entering in will not alter how the United States Govern- progress has been made; the contiguous zone in February 2014; ment conducts operations in the region or Whereas, in recent years, there have been Whereas, although the United States Gov- the unwavering United States commitment numerous dangerous and destabilizing inci- ernment does not take a position on the ulti- to peace, security and stability in the Asia- dents in waters near the coasts of the Phil- mate sovereignty of the Senkaku Islands, Pacific region; ippines, China, Malaysia, and Vietnam; the United States Government acknowledges Whereas the Government of Japan ex- Whereas the United States Government is that they are under the administration of pressed deep concern about the People’s Re- deeply concerned about unilateral actions by Japan and opposes any unilateral actions public of China’s declaration of such a zone, any claimant seeking to change the status that would seek to undermine such adminis- regarding it as an effort to unduly infringe quo through the use of coercion, intimida- tration; upon the freedom of flight in international tion, or military force, including the contin- Whereas the United States Senate has pre- airspace and to change the status quo that ued restrictions on access to Scarborough viously affirmed that the unilateral actions could escalate tensions and potentially cause Reef and pressure on long-standing Phil- of a third party will not affect the United unintentional consequences in the East ippine presence at the Second Thomas Shoal States acknowledgment of the administra- China Sea; by the People’s Republic of China; actions by tion of Japan over the Senkaku Islands;

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4440 CONGRESSIONAL RECORD — SENATE July 10, 2014 Whereas the United States remains com- for international law, and unimpeded lawful Whereas the United States Government ex- mitted under the Treaty of Mutual Coopera- commerce, including in the East China and pressed profound concerns with China’s uni- tion and Security to respond to any armed South China Seas; lateral, provocative, dangerous, and desta- attack in the territories under the adminis- Whereas the United States alliance rela- bilizing declaration of such a zone, including tration of Japan, has urged all parties to tionships in the region, including with the potential for misunderstandings and mis- take steps to prevent incidents and manage Japan, Korea, Australia, the Philippines, and calculations by aircraft operating lawfully disagreements through peaceful means, and Thailand, are at the heart of United States in international airspace; commends the Government of Japan for its policy and engagement in the Asia-Pacific Whereas the People’s Republic of China’s restrained approach in this regard; region, and share a common approach to sup- declaration of an ADIZ in the East China Sea Whereas both the United States and the porting the maintenance of peace and sta- will not alter how the United States Govern- People’s Republic of China are parties to and bility, freedom of navigation, and other ment conducts operations in the region or are obligated to observe the rules of the Con- internationally lawful uses of sea and air- the unwavering United States commitment vention on the International Regulations for space in the Asia-Pacific region; to peace, security and stability in the Asia- Preventing Collisions at Sea, done at London Whereas territorial and maritime claims Pacific region; October 12, 1972 (COLREGs); must be derived from land features and oth- Whereas the Government of Japan ex- Whereas, on December 5, 2013, the USS erwise comport with international law; pressed deep concern about the People’s Re- Cowpens was lawfully operating in inter- Whereas the United States Government public of China’s declaration of such a zone, national waters in the South China Sea when has a clear interest in encouraging and sup- regarding it as an effort to unduly infringe a People’s Liberation Army Navy vessel re- porting the nations of the region to work upon the freedom of flight in international portedly crossed its bow at a distance of less collaboratively and diplomatically to resolve airspace and to change the status quo that than 500 yards and stopped in the water, forc- disputes and is firmly opposed to coercion, could escalate tensions and potentially cause ing the USS Cowpens to take evasive action intimidation, threats, or the use of force; unintentional consequences in the East to avoid a collision; Whereas the South China Sea contains China Sea; Whereas the reported actions taken by the great natural resources, and their steward- Whereas the Government of the Republic People’s Liberation Army Navy vessel in the ship and responsible use offers immense po- of Korea has expressed concern over China’s USS Cowpens’ incident, as publicly reported, tential benefit for generations to come; declared ADIZ, and on December 9, 2013, an- appear contrary to the international legal Whereas the United States is not a claim- nounced an adjustment to its longstanding obligations of the People’s Republic of China ant party in either the East China or South Air Defense Identification Zone, which does under COLREGs; China Seas, but does have an interest in the not encompass territory administered by an- Whereas, on May 1, 2014, the People’s Re- peaceful diplomatic resolution of disputed other country, and did so only after under- public of China’s state-owned energy com- claims in accordance with international law, taking a deliberate process of consultations pany, CNOOC, placed its deepwater semi-sub- in freedom of operations, and in the free-flow with the United States, Japan, and China; mersible drilling rig Hai Yang Shi You 981 of commerce free of coercion, intimidation, Whereas the Government of the Phil- (HD–981), accompanied by over 25 Chinese or the use of force; ippines has stressed that China’s declared ships, in Block 143, 120 nautical miles off Whereas the United States supports the ob- ADIZ seeks to transfer an entire air zone Vietnam’s coastline; ligation of all members of the United Na- into Chinese domestic airspace, infringes on Whereas, from May 1 to May 9, 2014, the tions to seek to resolve disputes by peaceful freedom of flight in international airspace, number of Chinese vessels escorting Hai means; and compromises the safety of civil aviation Yang Shi You 981 (HD-981) increased to more Whereas freedom of navigation and other and the national security of affected states, than 80, including seven military ships, lawful uses of sea and airspace in the Asia- and has called on China to ensure that its ac- which aggressively patrolled and intimidated Pacific region are embodied in international tions do not jeopardize regional security and Vietnamese Coast Guard ships in violation of law, not granted by certain states to others; stability; COLREGS, reportedly intentionally rammed Whereas, on November 23, 2013, the Peo- Whereas, on November 26, 2013, the Govern- multiple Vietnamese vessels, and used heli- ple’s Republic of China unilaterally and ment of Australia made clear in a statement copters and water cannons to obstruct oth- without prior consultations with the United its opposition to any coercive or unilateral ers; States, Japan, the Republic of Korea or actions to change the status quo in the East Whereas, on May 5, 2014, vessels from the other nations of the Asia-Pacific region, de- China Sea; Maritime Safety Administration of China clared an Air Defense Identification Zone Whereas, on March 10, 2014, the United (MSAC) established an exclusion zone with a (ADIZ) in the East China Sea, also announc- States Government and the Government of radius of three nautical miles around Hai ing that all aircraft entering the PRC’s self- Japan jointly submitted a letter to the ICAO Yang Shi You 981 (HD-981), which under- declared ADIZ, even if they do not intend to Secretariat regarding the issue of freedom of mines maritime safety in the area and is in enter Chinese territorial airspace, would overflight by civil aircraft in international violation of universally recognized principles have to submit flight plans, maintain radio airspace and the effective management of of international law; contact, and follow directions from the Chi- civil air traffic within allocated Flight Infor- Whereas China’s territorial claims and as- nese Ministry of National Defense or face mation Regions (FIR); sociated maritime actions in support of the ‘‘emergency defensive measures’’; Whereas Indonesia Foreign Minister Marty drilling activity that Hai Yang Shi You 981 Whereas the ‘‘rules of engagement’’ de- Natalegawa, in a hearing before the Com- (HD-981) commenced on May 1, 2014, have not clared by China, including the ‘‘emergency mittee on Defense and Foreign Affairs on been clarified under international law defensive measures’’, are in violation of the February 18, 2014, stated, ‘‘We have firmly The preamble, as amended, was concept of ‘‘due regard for the safety of civil told China we will not accept a similar [Air agreed to. aviation’’ under the Chicago Convention of Defense Identification] Zone if it is adopted (The Resolution (S. Res. 412), as the International Civil Aviation Organiza- in the South China Sea. And the signal we amended, with its preamble, as amend- tion and thereby are a departure from ac- have received thus far is, China does not plan cepted practice; to adopt a similar Zone in the South China ed, reads as follows:) Whereas the Chicago Convention of the Sea.’’; S. RES. 412 International Civil Aviation Organization Whereas over half the world’s merchant Whereas Asia-Pacific’s maritime domains, distinguishes between civilian aircraft and tonnage flows through the South China Sea, which include both the sea and airspace state aircraft and provides for the specific and over 15,000,000 barrels of oil per day tran- above the domains, are critical to the re- obligations of state parties, consistent with sit the Strait of Malacca, fueling economic gion’s prosperity, stability, and security, in- customary law, to ‘‘refrain from resorting to growth and prosperity throughout the Asia- cluding global commerce; the use of weapons against civil aircraft in Pacific region; Whereas the United States is a long- flight and . . . in case of interception, the Whereas the increasing frequency and as- standing Asia-Pacific power and has a na- lives of persons on board and the safety of sertiveness of patrols and competing regula- tional interest in maintaining freedom of op- aircraft must not be endangered’’; tions over disputed territory and maritime erations in international waters and airspace Whereas international civil aviation is reg- areas and airspace in the South China Sea both in the Asia-Pacific region and around ulated by international agreements, includ- and the East China Sea are raising tensions the world; ing standards and regulations set by ICAO and increasing the risk of confrontation; Whereas for over 60 years, the United for aviation safety, security, efficiency and Whereas the Association of Southeast States Government, alongside United States regularity, as well as for aviation environ- Asian Nations (ASEAN) has promoted multi- allies and partners, has played an instru- mental protection; lateral talks on disputed areas without set- mental role in maintaining stability in the Whereas, in accordance with the norm of tling the issue of sovereignty, and in 2002 Asia-Pacific, including safeguarding the airborne innocent passage, the United States joined with China in signing a Declaration prosperity and economic growth and develop- does not recognize the right of a coastal na- on the Conduct of Parties in the South China ment of the Asia-Pacific region; tion to apply its ADIZ procedures to foreign Sea that committed all parties to those ter- Whereas the United States, from the ear- state aircraft not intending to enter national ritorial disputes to ‘‘reaffirm their respect liest days of the Republic, has had a deep and airspace nor does the United States apply its for and commitment to the freedom of navi- abiding national security interest in freedom ADIZ procedures to foreign state aircraft not gation in and over flight above the South of navigation, freedom of the seas, respect intending to enter United States airspace; China Sea as provided for by the universally

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 10, 2014 CONGRESSIONAL RECORD — SENATE S4441 recognized principles of international law’’ maritime agencies in areas near the ment, creating a mechanism for consultation and to ‘‘resolve their territorial and jurisdic- Senkaku islands, including between 6 and 25 and coordination on operational safety tional disputes by peaceful means, without ships of the Government of China intruding issues in the maritime domain between the resorting to the threat or use of force’’; into the Japanese territorial sea each month United States and the People’s Republic of Whereas ASEAN and China committed in since September 2012, between 26 and 124 China; 2002 to develop an effective Code of Conduct ships entering the ‘‘contiguous zone’’ in the Whereas the Western Pacific Naval Sympo- when they adopted the Declaration on the same time period, and 9 ships intruding into sium, inaugurated in 1988 and comprising the Conduct of Parties in the South China Sea, the territorial sea and 33 ships entering in navies of Australia, Brunei, Cambodia, Can- yet negotiations are irregular and little the contiguous zone in February 2014; ada, Chile, France, Indonesia, Japan, Malay- progress has been made; Whereas although the United States Gov- sia, New Zealand, Papua New Guinea, the Whereas in recent years, there have been ernment does not take a position on the ulti- People’s Republic of China, the Philippines, numerous dangerous and destabilizing inci- mate sovereignty of the Senkaku Islands, the Republic of Korea, the Russian Federa- dents in waters near the coasts of the Phil- the United States Government acknowledges tion, Singapore, Thailand, Tonga, the United ippines, China, Malaysia, and Vietnam; that they are under the administration of States, and Vietnam, whose countries all Whereas the United States Government is Japan and opposes any unilateral actions border the Pacific Ocean region, provides a deeply concerned about unilateral actions by that would seek to undermine such adminis- forum where leaders of regional navies can any claimant seeking to change the status tration; meet to discuss cooperative initiatives, dis- quo through the use of coercion, intimida- Whereas the United States Senate has pre- cuss regional and global maritime issues, tion, or military force, including the contin- viously affirmed that the unilateral actions and undertake exercises to strengthen norms ued restrictions on access to Scarborough of a third party will not affect the United and practices that contribute to operational Reef and pressure on long-standing Phil- States acknowledgment of the administra- safety, including protocols for unexpected ippine presence at the Second Thomas Shoal tion of Japan over the Senkaku Islands; encounters at sea, common ways of commu- by the People’s Republic of China; actions by Whereas the United States remains com- nication, common ways of operating, and any state to prevent any other state from ex- mitted under the Treaty of Mutual Coopera- common ways of engagement; ercising its sovereign rights to the resources tion and Security to respond to any armed Whereas Japan and the People’s Republic of the exclusive economic zone (EEZ) and attack in the territories under the adminis- of China sought to negotiate a Maritime continental shelf by making claims to those tration of Japan, has urged all parties to Communications Mechanism between the de- areas that have no support in international take steps to prevent incidents and manage fense authorities and a Maritime Search and law; declarations of administrative and mili- disagreements through peaceful means, and Rescue Agreement and agreed in principle to tary districts in contested areas in the South commends the Government of Japan for its these agreements to address operational China Sea; and the imposition of new fishing restrained approach in this regard; safety on the maritime domains but failed to regulations covering disputed areas, which Whereas both the United States and the sign them; have raised tensions in the region; People’s Republic of China are parties to and Whereas the Changi Command and Control Whereas international law is important to are obligated to observe the rules of the Con- Center in Singapore provides a platform for safeguard the rights and freedoms of all vention on the International Regulations for all the countries of the Western Pacific to states in the Asia-Pacific region, and the Preventing Collisions at Sea, done at London share information on what kind of contact at lack of clarity in accordance with inter- October 12, 1972 (COLREGs); sea and to provide a common operational national law by claimants with regard to Whereas, on December 5, 2013, the USS picture for the region; their South China Sea claims can create un- Cowpens was lawfully operating in inter- Whereas 2014 commemorates the 35th anni- certainty, insecurity, and instability; national waters in the South China Sea when versary of normalization of diplomatic rela- Whereas the United States Government op- a People’s Liberation Army Navy vessel re- tions between the United States and the Peo- poses the use of intimidation, coercion, or portedly crossed its bow at a distance of less ple’s Republic of China, and the United force to assert a territorial claim in the than 500 yards and stopped in the water, forc- States welcomes the development of a peace- South China Sea; ing the USS Cowpens to take evasive action ful and prosperous China that becomes a re- Whereas claims in the South China Sea to avoid a collision; sponsible international stakeholder, the gov- must accord with international law, and Whereas the reported actions taken by the ernment of which respects international those that are not derived from land features People’s Liberation Army Navy vessel in the norms, international laws, international in- are fundamentally flawed; USS Cowpens’ incident, as publicly reported, stitutions, and international rules; enhances Whereas ASEAN issued Six-Point Prin- appear contrary to the international legal security and peace; and seeks to advance re- ciples on the South China Sea on July 20, obligations of the People’s Republic of China lations between the United States and China; 2012, whereby ASEAN’s Foreign Ministers re- under COLREGs; and iterated and reaffirmed ‘‘the commitment of Whereas, on May 1, 2014, the People’s Re- Whereas ASEAN plays an important role, ASEAN Member States to: . . . 1. the full im- public of China’s state-owned energy com- in partnership with others in the regional plementation of the Declaration on the Con- pany, CNOOC, placed its deepwater semi-sub- and international community, in addressing duct of Parties in the South China Sea (2002); mersible drilling rig Hai Yang Shi You 981 maritime security issues in the Asia-Pacific . . . 2. the Guidelines for the Implementation (HD–981), accompanied by over 25 Chinese region and the Indian Ocean, including open of the Declaration on the Conduct of Parties ships, in Block 143, 120 nautical miles off access to the maritime domain of Asia; Now, in the South China Sea (2011); . . . 3. the Vietnam’s coastline; therefore, be it early conclusion of a Regional Code of Con- Whereas from May 1 to May 9, 2014, the Resolved, duct in the South China Sea; . . . 4. the full number of Chinese vessels escorting Hai SECTION 1. SENSE OF THE SENATE. respect of the universally recognized prin- Yang Shi You 981 (HD-981) increased to more The Senate— ciples of International Law, including the than 80, including seven military ships, (1) condemns coercive and threatening ac- 1982 United Nations Convention on the Law which aggressively patrolled and intimidated tions or the use of force to impede freedom of of the Sea (UNCLOS); . . . 5. the continued Vietnamese Coast Guard ships in violation of operations in international airspace by mili- exercise of self-restraint and non-use of force COLREGS, reportedly intentionally rammed tary or civilian aircraft, to alter the status by all parties; and . . . 6. the peaceful resolu- multiple Vietnamese vessels, and used heli- quo or to destabilize the Asia-Pacific region; tion of disputes, in accordance with univer- copters and water cannons to obstruct oth- (2) urges the Government of the People’s sally recognized principles of International ers; Republic of China to refrain from imple- Law, including the 1982 United Nations Con- Whereas, on May 5, 2014, vessels from the menting the declared East China Sea Air De- vention on the Law of the Sea (UNCLOS).’’; Maritime Safety Administration of China fense Identification Zone (ADIZ), which is Whereas, in 2013, the Republic of the Phil- (MSAC) established an exclusion zone with a contrary to freedom of overflight in inter- ippines properly exercised its rights to radius of three nautical miles around Hai national airspace, and to refrain from taking peaceful settlement mechanisms with the fil- Yang Shi You 981 (HD-981), which under- similar provocative actions elsewhere in the ing of arbitration case under Article 287 and mines maritime safety in the area and is in Asia-Pacific region; Annex VII of the Convention on the Law of violation of universally recognized principles (3) commends the Governments of Japan the Sea in order to achieve a peaceful and of international law; and of the Republic of Korea for their re- durable solution to the dispute, and the Whereas China’s territorial claims and as- straint, and commends the Government of United States hopes that all parties in any sociated maritime actions in support of the the Republic of Korea for engaging in a de- dispute ultimately abide by the rulings of drilling activity that Hai Yang Shi You 981 liberate process of consultations with the internationally recognized dispute-settle- (HD-981) commenced on May 1, 2014, have not United States, Japan and China prior to an- ment bodies; been clarified under international law, con- nouncing its adjustment of its Air Defense Whereas China and Japan are the world’s stitute a unilateral attempt to change the Identification Zone on December 9, 2013, and second and third largest economies, and have status quo by force, and appear to be in vio- for its commitment to implement this ad- a shared interest in preserving stable mari- lation of the 2002 Declaration on the Conduct justed Air Defense Identification Zone time domains to continue to support eco- of Parties in the South China Sea; (ADIZ) in a manner consistent with inter- nomic growth; Whereas, on January 19, 1998, the United national practice and respect for the freedom Whereas there has been an unprecedented States and People’s Republic of China signed of overflight and other internationally law- increase in dangerous activities by Chinese the Military Maritime Consultative Agree- ful uses of international airspace; and

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S4442 CONGRESSIONAL RECORD — SENATE July 10, 2014 (4) calls on the Government of the People’s principle of freedom of operations in inter- There is a reason to think that the good Republic of China to withdraw its Hai Yang national waters and airspace in accordance feelings may linger.... An Associated Shi You 981 (HD–981) drilling rig and associ- with established principles and practices of Press poll in January found that 73 percent ated maritime forces from their current po- international law. of all Americans with insurance before the sitions, to refrain from maritime maneuvers SEC. 3. RULE OF CONSTRUCTION. rollout of the law were satisfied. contrary to COLREGS, and to return imme- Nothing in this resolution shall be con- So we are doing overall very well. My diately to the status quo as it existed before strued as a declaration of war or authoriza- May 1, 2014. Republican colleagues come to the tion to use force. floor and say: Oh, this is just awful, SEC. 2. STATEMENT OF POLICY. f It is the policy of the United States to— people are so upset. (1) reaffirm its unwavering commitment HEALTH CARE It simply is not true. and support for allies and partners in the Mr. REID. Mr. President, I want to This is not my opinion. It is statis- Asia-Pacific region, including longstanding take just a little bit of time to say a tics and facts. United States policy regarding Article V of few things about the health care bill. the United States-Philippines Mutual De- The shrill cries from the other side f fense Treaty and that Article V of the have lessened in recent weeks, and ob- ORDERS FOR MONDAY, JULY 14, United States-Japan Mutual Defense Treaty viously for good reason. The New York applies to the Japanese-administered 2014 Times reports today—I won’t read the Senkaku Islands; Mr. REID. Mr. President, I ask unan- (2) oppose claims that impinge on the whole column but I will read quite a rights, freedoms, and lawful use of the sea bit. imous consent that when the Senate that belong to all nations; It says less than ‘‘15 percent of adults completes its business today, it ad- (3) urge all parties to refrain from engag- younger than 65 now lack health insur- journ until 2 p.m. on Monday, July 14, ing in destabilizing activities, including ille- ance, down from 20 percent before the 2014; that following the prayer and gal occupation or efforts to unlawfully assert Affordable Care Act rolled out in Janu- pledge, the Journal of proceedings be administration over disputed claims; ary.’’ approved to date, the morning hour be (4) ensure that disputes are managed with- In fact, we have information from the deemed expired, and the time for the out intimidation, coercion, or force; two leaders be reserved for their use (5) call on all claimants to clarify or adjust Gallup organization today that came claims in accordance with international law; out after this New York Times article later in the day; that following any (6) support efforts by ASEAN and the Peo- that the rate is down to 13.4 percent. It leader remarks, the Senate be in a pe- ple’s Republic of China to develop an effec- is the lowest quarterly average re- riod of morning business until 6 p.m., tive Code of Conduct, including the ‘‘early corded since Gallup began tracking the with Senators permitted to speak harvest’’ of agreed-upon elements in the percentage of uninsured Americans. therein for up to 10 minutes each. Code of Conduct that can be implemented That is pretty good. The PRESIDING OFFICER. Without immediately; The Gallup poll says: objection, it is so ordered. (7) reaffirm that an existing body of inter- national rules and guidelines, including the The uninsured rate has decreased sharply f International Regulations for Preventing since the Affordable Care Act’s requirement Collisions at Sea, done at London October 12, for most Americans to have health insurance PROGRAM went into effect beginning 2014. 1972 (COLREGs), is sufficient to ensure the Mr. REID. There will be no rollcall safety of navigation between the United So in the fourth quarter of 2013 the votes during Monday’s session of the States Armed Forces and the forces of other average was 17.1 percent, and now it is Senate. The next rollcall vote will countries, including the People’s Republic of down to 13.4. This is remarkable. China; Carrying on with the information begin at 12 noon on Tuesday, July 15, (8) support the development of regional in- from the New York Times, people who 2014. Those will be cloture votes on the stitutions and bodies, including the ASEAN got new coverage—we heard all the Bay and LaFleur nominations to be Regional Forum, the ASEAN Defense Min- cries about how upset people were with members of the Federal Energy and ister’s Meeting Plus, the East Asia Summit, Regulatory Commission. and the expanded ASEAN Maritime Forum, the new health insurance, but they are to build practical cooperation in the region very happy with the new product; 73 f and reinforce the role of international law; percent of the people who bought (9) encourage the adoption of mechanisms health care plans and 80 percent of ADJOURNMENT UNTIL MONDAY, such as hotlines or emergency procedures for those who signed up for Medicaid said JULY 14, 2014, AT 2 P.M. preventing incidents in sensitive areas, man- they were either very satisfied or Mr. REID. Mr. President, if there is aging them if they occur, and preventing dis- somewhat satisfied. That is 73 percent putes from escalating; no further business to come before the (10) fully support the rights of claimants to with their new health insurance; 74 Senate, I ask unanimous consent that exercise rights they may have to avail them- percent of newly insured Republicans it adjourn under the previous order. selves of peaceful dispute settlement mecha- like their plans; 77 percent of people There being no objection, the Senate, nisms; who had insurance before, including at 6:53 p.m., adjourned until Monday, (11) encourage claimants not to undertake members of the much-publicized group July 14, 2014, at 2 p.m. new unilateral attempts to change the status whose plans got cancelled last year, quo since the signing of the 2002 Declaration were happy with their new coverage. f of Conduct, including not asserting adminis- A survey also said that a majority of trative measures or controls in disputed CONFIRMATIONS areas in the South China Sea; people are using their new insurance. They like it. They are glad they have Executive nominations confirmed by (12) encourage the deepening of partner- the Senate July 10, 2014: ships with other countries in the region for it. maritime domain awareness and capacity People who have the insurance are DEPARTMENT OF STATE building, as well as efforts by the United going to a doctor, they are going to the DOUGLAS ALAN SILLIMAN, OF TEXAS, A CAREER MEM- States Government to explore the develop- hospital, and most people seeking new BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ment of appropriate multilateral mecha- primary care doctors found the process DINARY AND PLENIPOTENTIARY OF THE UNITED STATES nisms for a ‘‘common operating picture’’ in easy and had to wait less than 2 weeks OF AMERICA TO THE STATE OF KUWAIT. the South China Sea that would serve to DANA SHELL SMITH, OF VIRGINIA, A CAREER MEMBER for an appointment. Sixty percent said OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- help countries avoid destabilizing behavior they wouldn’t have been able to afford COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND and deter risky and dangerous activities; and PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA (13) assure the continuity of operations by the care without the new coverage. TO THE STATE OF QATAR. the United States in the Asia-Pacific region, These statistics are really stag- EXECUTIVE OFFICE OF THE PRESIDENT including, when appropriate, in cooperation gering. SHAUN L. S. DONOVAN, OF NEW YORK, TO BE DIRECTOR with partners and allies, to reaffirm the The article closes by saying: OF THE OFFICE OF MANAGEMENT AND BUDGET.

VerDate Sep 11 2014 10:19 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 9801 E:\RECORD14\JUL 2014\S10JY4.REC S10JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE