[Congressional Record (Bound Edition), Volume 159 (2013), Part 1]
[Senate]
[Pages 1067-1073]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID:
  S. 234. A bill to amend title 10, United States Code, to permit 
certain retired members of the uniformed services who have a service-
connected disability to receive both disability compensation from the 
Department of Veterans Affairs for their disability and either retired 
pay by reason of their years of military service or Combat-Related 
Special Compensation, and for other purposes; to the Committee on Armed 
Services.
  Mr. REID. Mr. President, I rise today on behalf of our Nation's 
disabled veterans to once again discuss an end to an unjust and 
outdated policy known as ``concurrent receipt.'' For the past 122 
years, this practice has prevented veterans from receiving the full 
benefits earned through years of service and personal injury in defense 
of our Nation. The law requires that a retired disabled veteran reduce 
their retirement pay dollar-for-dollar by the amount of any disability 
compensation received, in many cases wiping out retirement pay 
altogether. This is simply wrong.
  I have worked over the past decade to fight to change this outdated 
policy and commend the progress Congress has made on behalf of our 
Nation's veterans. In 2002, I was pleased that Congress passed a 
measure known as combat-related special compensation, or CSRC, allowing 
for disabled retired

[[Page 1068]]

veterans to receive payments that are the financial equivalent of 
concurrent receipt. In 2003 I was pleased that Congress enacted a 10-
year phase-in of concurrent receipt for military retirees whose 
disability is 50 percent or greater, and in 2004, Congress eliminated 
the 10-year waiting period for those veterans with 100 percent service-
related disability. Moreover, in 2008, concurrent receipt eligibility 
was expanded to include those who are 100 percent disabled due to un-
employability and extended equivalent financial payments to those who 
are medically retired or have retired prematurely due to force 
reduction programs. Most recently, in 2012, I was pleased to offer an 
amendment to the fiscal year 2013 National Defense Authorization Act 
ensuring that our combat-disabled military retirees receive proper 
combat-related disability and retirement benefits by eliminating the 
``glitch'' in the CRSC formula that can actually cause a reduction in 
their compensation amount when the VA increases their disability 
rating. While I am proud that the 10-year phase-in period for veterans 
who are rated 50-90 percent will finally come to fruition this year, I 
still believe that Congress has fallen short of meeting the commitment 
of providing full concurrent receipt to all of our Nation's heroes. 
This is unacceptable and that is why we have to take care of the 
hundreds of thousands of disabled veterans who still need our help.
  For me, this is a simple matter of fairness. No other Federal retiree 
is forced to forfeit their retirement--only our disabled military 
retirees. Veterans' disability compensation is recompense for pain, 
suffering, and lost future earning power caused by a service-connected 
illness or injury. Few retirees can afford to live on their retired pay 
alone, and a severe disability only makes the problem worse by limiting 
or denying any post-service working life. There is no reason to deny 
veterans who have served their country honorably the right to the full 
value of their retirement pay simply because their service also led to 
disability.
  Today I reintroduce the Retired Pay Restoration Act of 2013 in order 
to eliminate all restrictions to concurrent receipt. I hope my Senate 
colleagues will join me in supporting this bill. We must take action 
now and support the veterans who have given so much to our grateful 
Nation. This is the right thing to do.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 234

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Retired Pay Restoration Act 
     of 2013''.

     SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--
       (1) Repeal of 50 percent requirement.--Section 1414 of 
     title 10, United States Code, is amended by striking 
     paragraph (2) of subsection (a).
       (2) Computation.--Paragraph (1) of subsection (c) of such 
     section is amended by adding at the end the following new 
     subparagraph:
       ``(G) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 40 percent 
     or less or has a service-connected disability rated as zero 
     percent, $0.''.
       (b) Clerical Amendments.--
       (1) The heading of section 1414 of such title is amended to 
     read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2014, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, as amended by section 2(a), is 
     amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2014, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
      By Mr. CARDIN (for himself, Mr. Schumer, Ms. Mikulski, and Mrs. 
        Gillibrand):
  S. 247. A bill to establish the Harriet Tubman National Historical 
Park in Auburn, New York, and the Harriet Tubman Underground Railroad 
National Historical Park in Caroline, Dorchester, and Talbot Counties, 
Maryland, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. CARDIN. Mr. President, as we start Black History Month, I rise 
today to discuss a national hero that I have spoken about many times on 
the Senate floor. 2013 is a particularly remarkable year for Harriet 
Ross Tubman in that March 13, 2013 will mark the 100th anniversary of 
her death. This noteworthy anniversary makes it all the more 
appropriate for me to talk about Maryland's Harriet Ross Tubman and her 
dedication to justice, equality and service to this country. It is also 
why it is important for Congress to take action this year on The 
Harriet Tubman National Historical Park and The Harriet Tubman 
Underground Railroad National Historical Park Act that I am 
reintroducing today.
  In my career, I have spoken on the Senate Floor, at events in 
Maryland, in meetings with constituents and with my colleagues about 
Harriet Tubman's legacy. While I hope each opportunity I have taken to 
discuss the life of this remarkable woman helps raise awareness about 
her importance to the history of our great Nation, my ultimate goal is 
to properly commemorate her life and her work by establishing the 
Harriet Tubman Underground Railroad National Historical Park on the 
Eastern Shore of Maryland and, in working with my colleagues from New 
York, also establish the Harriet Tubman National Historical Park in 
Auburn, NY.
  For the last 5 years I have championed the legislation I am 
reintroducing today. I appreciate the active support and work my 
cosponsors of this bill, Senators Mikulski, Schumer and Gillibrand have 
put into advancing this bill through the Senate. We all share a deep 
appreciation for how important establishing these parks is to 
preserving the legacy of this remarkable historical figure in American 
History but also to how important these parks will be to the 
communities where they will be located.
  I also greatly appreciate the support this legislation has received 
in the Senate Energy and Natural Resource Committee. In the last 
Congress, the bill was reported out of committee with bi-partisan 
support including the support of Chairman Bingaman and Ranking Member 
Murkowski. I look forward to working with the Committee's new Chairman, 
the Senior Senator from Oregon in reporting this bill

[[Page 1069]]

quickly for the full Senate's consideration.
  The establishment of the Harriet Tubman Historical Parks has been 
years in the making and is long overdue. The mission of the National 
Park Service has evolved over time from not only preserving natural 
wonders across the U.S. for recreational purposes but also 
commemorating unique places of significance to historical events and 
extraordinary Americans that have shaped our nation.
  The woman, who is known to us as Harriet Tubman, was born in 
approximately 1822 in Dorchester County, MD and given the name 
Araminta, Minty, Ross. She spent nearly 30 years of her life in slavery 
on Maryland's Eastern Shore. She worked on a number of different 
plantations on Maryland's Eastern Shore and as a teenager was trained 
to be a seamstress. As an adult she took the first name Harriet, and 
when she was 25 years-old married John Tubman.
  In her late twenties, Harriet Tubman escaped from slavery in 1849. 
She fled in the dead of night, navigating the maze of tidal streams and 
wetlands that, to this day, comprise the Eastern Shore's landscape. She 
did so alone, demonstrating courage, strength and fortitude that became 
her hallmarks. Not satisfied with attaining her own freedom, she 
returned repeatedly for more than 10 years to the places of her 
enslavement in Dorchester and Caroline counties where, under the most 
adverse conditions, she led away many family members and other slaves 
to freedom in the Northeastern United States. She helped develop a 
complex network of safe houses and recruited abolitionist sympathizers 
residing along secret routes connecting the Southern slave states and 
Northern Free States. No one knows exactly how many people she led to 
freedom or the number of trips between the North and South she led, but 
the legend of her work was an inspiration to the multitude of slaves 
seeking freedom and to abolitionists fighting to end slavery. Tubman 
became known as ``the Moses of her people'' by African-Americans and 
white abolitionists alike. Tubman once proudly told Frederick Douglass 
that in all of her journeys she ``never lost a single passenger.'' She 
was so effective that in 1856 there was a $40,000 reward offered for 
her capture in the South. She is the most famous and most important 
conductor of the network of resistance known as the Underground 
Railroad.
  During the Civil War, Tubman served the Union forces as a spy, a 
scout and a nurse. She served in Virginia, Florida and South Carolina. 
She is credited with leading slaves from those slave states to freedom 
during those years as well.
  Following the Civil War, and the emancipation of all black slaves, 
Tubman settled in Auburn, NY. There she was active in the women's 
suffrage movement, and she also established one of the first 
incorporated African-American homes for aged to care for the elderly. 
In 1903 she bequeathed the Tubman Home to the African Methodist 
Episcopal Zion Church in Auburn where it stands to this day. Harriet 
Tubman died in Auburn in 1913 and she is buried in the Fort Hill 
Cemetery. Fortunately many of the structures and landmarks in New York 
remain intact and in relatively good condition.
  Only recently has the Park Service begun establishing units dedicated 
to the lives of African-Americans. Places like Booker T. Washington 
National Monument on the campus the Tuskegee University in Alabama, the 
George Washington Carver National Monument in Missouri, The Buffalo 
Soldiers at Guadalupe Mountains National Park, the National Historical 
Trail commemorating the March for Voting Rights from Selma to 
Montgomery Alabama, and most recently the Martin Luther King Jr. 
memorial on the National Mall are all important monuments and places of 
historical significance that help tell the story of the African-
American experience.
  As the National Park Service continues its important work to 
recognize and preserve African-American history by providing greater 
public access and information about the places and people that have 
shaped the African-American experience, there are very few units 
dedicated to the lives of African-American women, and there are no 
National Historical Parks commemorating African-American women.
  I cannot think of a more fitting hero than Harriet Tubman to be the 
first African-American woman to be memorialized with National 
Historical Parks that tell both her personal story and her lifelong 
fight for justice and freedom starting with her fight against the cruel 
institution of slavery and work of the Underground Railroad she led to 
her work in the women's suffrage movement.
  I hope that my colleagues will support my effort to honor Harriet 
Tubman and support passage of my bill to authorize the creation of the 
Tubman National Historical Parks in New York and Maryland. These parks 
will hopefully pave the way for the Park Service to develop more 
National Historical Park commemorating the lives of many other 
important African-American women in our history.
  The vision for the Tubman National Historical Parks is to preserve 
the places significant to the life of Harriet Tubman and tell her story 
through interpretative activities and continue to discover aspects of 
her life and the experience of passage along the Underground Railroad 
through archaeological research and discovery.
  The buildings and structures in Maryland have mostly disappeared. 
Slaves were forced to live in primitive buildings even though many 
slaves were skilled tradesmen who constructed the substantial homes of 
their owners. Not surprisingly, few of the structures associated with 
the early years of Tubman's life remain standing today. The landscape 
of the Eastern Shore of Maryland, however, is still evocative of the 
time that Tubman lived there. Farm fields and loblolly pine forests dot 
the lowland landscape, which is also notable for its extensive network 
of tidal rivers and wetlands that Tubman, and the people she guided to 
freedom, under the cover of night. In particular, a number of 
properties including the homestead of Ben Ross, her father, Stewart's 
Canal, where he worked, the Brodess Farm, where she worked as a slave, 
and others are within the master plan boundaries of the Blackwater 
National Wildlife Refuge.
  Similarly, Poplar Neck, the plantation from which she escaped to 
freedom, is still largely intact in Caroline County. The properties in 
Talbot County, immediately across the Choptank River from the 
plantation, are currently protected by various conservation easements. 
Were she alive today, Tubman would recognize much of the landscape that 
she knew intimately as she secretly led black men, women and children 
to freedom.
  There has never been any doubt that Tubman led an extraordinary life. 
Her contributions to American history are surpassed by few. Determining 
the most appropriate way to recognize that life and her contributions, 
however, has been exceedingly difficult. The National Park Service 
determined that designating a Historical Park that would include two 
geographically separate units would be an appropriate tribute to the 
life of this extraordinary American. The New York unit would include 
the tightly clustered Tubman buildings in the town of Auburn. The 
Maryland portion would include large sections of landscapes that are 
evocative of Tubman's time and are historically relevant.
  Harriet Tubman was a true American patriot. She was someone for whom 
liberty and freedom were not just concepts but values she fought 
tirelessly for. She lived those principles and so selflessly helped 
hundreds of other people attain freedom. In doing so, she has earned a 
nation's respect and honor.
  Harriet Tubman is one of many great Americans that we honor and 
celebrate every February during Black History Month. In schools across 
the country, American History curriculums teach our children about 
Tubman's courage, conviction, her fight for freedom and her 
contributions to the greatness of our Nation during a contentious time 
in U.S. history. Now it is time to add to Tubman's legacy by preserving 
and commemorating the places evocative of Harriet Tubman's 
extraordinary life.

[[Page 1070]]

  Every year, millions of school children, as well as millions of 
adults, visit our National Historical Parks gain experiences and 
knowledge about our Nation's history that simply cannot be found in 
history books or on the Internet. Our Nation's strength and character 
comes from the actions of the Americans who came before us and the 
significant events that shaped our Nation. The National Park Service is 
engaged in the important work of preserving the places where American 
history was made and providing a tangible experience for current and 
future generations to experience and understand. It is one thing to 
learn about Harriet Tubman from a book, and it is yet a completely 
different and fulfilling experience to explore, see, listen to and feel 
the places where she worked as a slave, where she escaped from and 
where she lived out her life as a free American.
  The National Park Service is uniquely suited to honor and preserve 
these places of historical significance and I urge my colleagues to 
join me in preserving and growing the legacy of Harriet Tubman by 
establishing the Harriet Tubman National Historical Parks in her honor.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 247

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Harriet Tubman National 
     Historical Parks Act''.

     SEC. 2. HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL 
                   HISTORICAL PARK, MARYLAND.

       (a) Definitions.--In this section:
       (1) Historical park.--The term ``historical park'' means 
     the Harriet Tubman Underground Railroad National Historical 
     Park established by subsection (b)(1)(A).
       (2) Map.--The term ``map'' means the map entitled 
     ``Authorized Acquisition Area for the Proposed Harriet Tubman 
     Underground Railroad National Historical Park'', numbered 
     T20/80,001, and dated July 2010.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Maryland.
       (b) Harriet Tubman Underground Railroad National Historical 
     Park.--
       (1) Establishment.--
       (A) In general.--Subject to subparagraph (B), there is 
     established the Harriet Tubman Underground Railroad National 
     Historical Park in Caroline, Dorchester, and Talbot Counties, 
     Maryland, as a unit of the National Park System.
       (B) Determination by secretary.--The historical park shall 
     not be established until the date on which the Secretary 
     determines that a sufficient quantity of land, or interests 
     in land, has been acquired to constitute a manageable park 
     unit.
       (C) Notice.--Not later than 30 days after the date on which 
     the Secretary makes a determination under subparagraph (B), 
     the Secretary shall publish in the Federal Register notice of 
     the establishment of the historical park, including an 
     official boundary map for the historical park.
       (D) Availability of map.--The official boundary map 
     published under subparagraph (C) shall be on file and 
     available for public inspection in appropriate offices of the 
     National Park Service.
       (2) Purpose.--The purpose of the historical park is to 
     preserve and interpret for the benefit of present and future 
     generations the historical, cultural, and natural resources 
     associated with the life of Harriet Tubman and the 
     Underground Railroad.
       (3) Land acquisition.--
       (A) In general.--The Secretary may acquire land and 
     interests in land within the areas depicted on the map as 
     ``Authorized Acquisition Areas'' by purchase from willing 
     sellers, donation, or exchange.
       (B) Boundary adjustment.--On acquisition of land or an 
     interest in land under subparagraph (A), the boundary of the 
     historical park shall be adjusted to reflect the acquisition.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     historical park in accordance with this section and the laws 
     generally applicable to units of the National Park System, 
     including--
       (A) the National Park System Organic Act (16 U.S.C. 1 et 
     seq.); and
       (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Interagency agreement.--Not later than 1 year after the 
     date on which the historical park is established, the 
     Director of the National Park Service and the Director of the 
     United States Fish and Wildlife Service shall enter into an 
     agreement to allow the National Park Service to provide for 
     public interpretation of historic resources located within 
     the boundary of the Blackwater National Wildlife Refuge that 
     are associated with the life of Harriet Tubman, consistent 
     with the management requirements of the Refuge.
       (3) Interpretive tours.--The Secretary may provide 
     interpretive tours to sites and resources located outside the 
     boundary of the historical park in Caroline, Dorchester, and 
     Talbot Counties, Maryland, relating to the life of Harriet 
     Tubman and the Underground Railroad.
       (4) Cooperative agreements.--
       (A) In general.--The Secretary may enter into a cooperative 
     agreement with the State, political subdivisions of the 
     State, colleges and universities, non-profit organizations, 
     and individuals--
       (i) to mark, interpret, and restore nationally significant 
     historic or cultural resources relating to the life of 
     Harriet Tubman or the Underground Railroad within the 
     boundaries of the historical park, if the agreement provides 
     for reasonable public access; or
       (ii) to conduct research relating to the life of Harriet 
     Tubman and the Underground Railroad.
       (B) Visitor center.--The Secretary may enter into a 
     cooperative agreement with the State to design, construct, 
     operate, and maintain a joint visitor center on land owned by 
     the State--
       (i) to provide for National Park Service visitor and 
     interpretive facilities for the historical park; and
       (ii) to provide to the Secretary, at no additional cost, 
     sufficient office space to administer the historical park.
       (C) Cost-sharing requirement.--
       (i) Federal share.--The Federal share of the total cost of 
     any activity carried out under this paragraph shall not 
     exceed 50 percent.
       (ii) Form of non-federal share.--The non-Federal share of 
     the cost of carrying out an activity under this paragraph may 
     be in the form of in-kind contributions or goods or services 
     fairly valued.
       (d) General Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this section, the 
     Secretary shall prepare a general management plan for the 
     historical park in accordance with section 12(b) of the 
     National Park Service General Authorities Act (16 U.S.C. 1a-
     7(b)).
       (2) Consultation.--The general management plan shall be 
     prepared in consultation with the State (including political 
     subdivisions of the State).
       (3) Coordination.--The Secretary shall coordinate the 
     preparation and implementation of the management plan with--
       (A) the Blackwater National Wildlife Refuge;
       (B) the Harriet Tubman National Historical Park established 
     by section 3(b)(1)(A); and
       (C) the National Underground Railroad Network to Freedom.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 3. HARRIET TUBMAN NATIONAL HISTORICAL PARK, AUBURN, NEW 
                   YORK.

       (a) Definitions.--In this section:
       (1) Historical park.--The term ``historical park'' means 
     the Harriet Tubman National Historical Park established by 
     subsection (b)(1)(A).
       (2) Home.--The term ``Home'' means The Harriet Tubman Home, 
     Inc., located in Auburn, New York.
       (3) Map.--The term ``map'' means the map entitled ``Harriet 
     Tubman National Historical Park'', numbered T18/80,000, and 
     dated March 2009.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of New York.
       (b) Harriet Tubman National Historical Park.--
       (1) Establishment.--
       (A) In general.--Subject to subparagraph (B), there is 
     established the Harriet Tubman National Historical Park in 
     Auburn, New York, as a unit of the National Park System.
       (B) Determination by secretary.--The historical park shall 
     not be established until the date on which the Secretary 
     determines that a sufficient quantity of land, or interests 
     in land, has been acquired to constitute a manageable park 
     unit.
       (C) Notice.--Not later than 30 days after the date on which 
     the Secretary makes a determination under subparagraph (B), 
     the Secretary shall publish in the Federal Register notice of 
     the establishment of the historical park.
       (D) Map.--The map shall be on file and available for public 
     inspection in appropriate offices of the National Park 
     Service.
       (2) Boundary.--The historical park shall include the 
     Harriet Tubman Home, the Tubman Home for the Aged, the 
     Thompson Memorial AME Zion Church and Rectory, and associated 
     land, as identified in the area entitled ``National 
     Historical Park Proposed Boundary'' on the map.
       (3) Purpose.--The purpose of the historical park is to 
     preserve and interpret for the benefit of present and future 
     generations the

[[Page 1071]]

     historical, cultural, and natural resources associated with 
     the life of Harriet Tubman.
       (4) Land acquisition.--The Secretary may acquire land and 
     interests in land within the areas depicted on the map by 
     purchase from a willing seller, donation, or exchange.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     historical park in accordance with this section and the laws 
     generally applicable to units of the National Park System, 
     including--
       (A) the National Park System Organic Act (16 U.S.C. 1 et 
     seq.); and
       (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Interpretive tours.--The Secretary may provide 
     interpretive tours to sites and resources located outside the 
     boundary of the historical park in Auburn, New York, relating 
     to the life of Harriet Tubman.
       (3) Cooperative agreements.--
       (A) In general.--The Secretary may enter into a cooperative 
     agreement with the owner of any land within the historical 
     park to mark, interpret, or restore nationally significant 
     historic or cultural resources relating to the life of 
     Harriet Tubman, if the agreement provides that--
       (i) the Secretary shall have the right of access to any 
     public portions of the land covered by the agreement to allow 
     for--

       (I) access at reasonable times by historical park visitors 
     to the land; and
       (II) interpretation of the land for the public; and

       (ii) no changes or alterations shall be made to the land 
     except by mutual agreement of the Secretary and the owner of 
     the land.
       (B) Research.--The Secretary may enter into a cooperative 
     agreement with the State, political subdivisions of the 
     State, institutions of higher education, the Home and other 
     nonprofit organizations, and individuals to conduct research 
     relating to the life of Harriet Tubman.
       (C) Cost-sharing requirement.--
       (i) Federal share.--The Federal share of the total cost of 
     any activity carried out under this paragraph shall not 
     exceed 50 percent.
       (ii) Form of non-federal share.--The non-Federal share may 
     be in the form of in-kind contributions or goods or services 
     fairly valued.
       (D) Attorney general.--
       (i) In general.--The Secretary shall submit to the Attorney 
     General for review any cooperative agreement under this 
     paragraph involving religious property or property owned by a 
     religious institution.
       (ii) Finding.--No cooperative agreement subject to review 
     under this subparagraph shall take effect until the date on 
     which the Attorney General issues a finding that the proposed 
     agreement does not violate the Establishment Clause of the 
     first amendment to the Constitution.
       (d) General Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this section, the 
     Secretary shall prepare a general management plan for the 
     historical park in accordance with section 12(b) of the 
     National Park Service General Authorities Act (16 U.S.C. 1a-
     7(b)).
       (2) Coordination.--The Secretary shall coordinate the 
     preparation and implementation of the management plan with--
       (A) the Harriet Tubman Underground Railroad National 
     Historical Park established by section 2(b)(1); and
       (B) the National Underground Railroad Network to Freedom.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this Act, except that not more than $7,500,000 shall be 
     available to provide financial assistance under subsection 
     (c)(3).
                                 ______
                                 
      By Mr. WYDEN (for himself and Ms. Murkowski) (by request):
  S. 256. A bill to amend Public Law 93-435 with respect to the 
Northern Mariana Islands, providing parity with Guam, the Virgin 
Islands, and American Samoa; to the Committee on Energy and Natural 
Resources.
  Mr. WYDEN. Mr. President, today I am pleased to introduce, with my 
colleague Lisa Murkowski, the Ranking Member on the Committee on Energy 
and Natural Resources, and at the request of the Delegate from the 
Commonwealth of the Northern Mariana Island, CNMI, Gregorio ``Kilili'' 
Sablan, legislation to amend Public Law 93-435, the Territorial 
Submerged Lands Act. This legislation would convey to the CNMI the same 
rights to offshore waters and submerged lands that were conveyed to the 
territories of Guam, the U.S. Virgin Islands, and American Samoa nearly 
40 years ago.
  This bill is non-controversial. In 2005, it was first introduced by 
then-Chairman of the Committee on Energy and Natural Resources, Pete 
Domenici. A companion measure was introduced in the House of 
Representatives by then-Congressman Jeff Flake. In the 111th Congress, 
this bill passed the House as H.R. 934 on a 416-0 vote, and it was 
reported by the Senate Committee. In the 112th Congress, it again 
passed the House unanimously, on a 297-0 vote, and a hearing was held 
in the Senate on its companion measure, S. 590. I sincerely hope that 
this will be the year this bill is signed into law and the people of 
the CNMI will begin to enjoy the economic benefits that will result 
from gaining ownership of the waters and submerged lands adjacent to 
their shores, just as those benefits are enjoyed by every other State 
and territory of the Nation.
  The CNMI faces huge economic challenges that began with the phase-out 
of World Trade Organization garment quotas in 2005 and resulted in the 
departure of garment manufacturing. Gaining ownership of the waters and 
submerged lands adjacent to the 14 islands of the CNMI would help to 
stimulate the CNMI's struggling economy by allowing the use and 
management of these areas for near-shore infrastructure development, 
the extraction of minerals, energy development, aquaculture and other 
activities. Currently, under Federal ownership, there are no such 
activities in these areas because the Federal Government has no history 
of such near-shore jurisdiction and there is no Federal agency with 
responsibility for their management.
  Congress granted the States ownership of the waters and submerged 
lands out to three miles under the Submerged Lands Act of 1953. In 
1974, Congress granted ownership of these areas to the territories. 
However, the Covenant which established the political union between the 
U.S. and the CNMI in 1976 was ambiguous on this matter of seaward 
ownership. Eventually, in 2005, the Ninth Circuit Court of Appeals 
ruled that the submerged lands and waters off the CNMI's coasts fell 
under Federal ownership. Importantly, the Court also recognized that 
Congress had the power to convey these waters and lands to the CNMI. 
That is what this legislation would do.
  The CNMI is the only territory or State that does not have ownership 
of its adjacent waters and lands out to at least 39les. I urge my 
colleagues to support prompt passage of this bill to correct this 
disparity and to assist the CNMI in meeting its economic challenges. 
I'm not aware of any policy objections to this bill's enactment.
  I refer those interested in additional information to Senate Report 
111-197. Included in that report is a CBO estimate stating that 
enactment of H.R. 934, the bill on which the legislation being 
introduced today is based, would not affect direct spending or 
revenues.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 256

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENT.

       (a) In General.--The first section and section 2 of Public 
     Law 93-435 (48 U.S.C. 1705, 1706) are amended by inserting 
     ``the Commonwealth of the Northern Mariana Islands,'' after 
     ``Guam,'' each place it appears.
       (b) References to Date of Enactment.--For the purposes of 
     the amendment made by subsection (a), each reference in 
     Public Law 93-435 to the ``date of enactment'' shall be 
     considered to be a reference to the date of the enactment of 
     this section.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                  Washington, DC, January 8, 2013.
     Hon. Ron Wyden,
     Chairman, Committee on Energy and Natural Resources, 304 
         Dirksen Senate Building, U.S. Senate, Washington, DC.
       Dear Chairman Wyden: One of the legislative issues for this 
     Congress that we discussed at our recent meeting was the 
     conveyance of submerged lands to the Commonwealth of the 
     Northern Mariana Islands. I would like to follow up on our 
     discussion by asking you to consider sponsoring the necessary 
     legislation.
       The Energy and Natural Resources Committee did report out a 
     conveyance bill in the last Congress, H.R. 670 as amended, 
     but time expired before the Senate could act on the measure. 
     With this groundwork in place it would seem that this 
     particular issue could be moved quickly as the 113th Congress 
     gets to work.

[[Page 1072]]

       I am enclosing a draft bill, which reflects the Energy and 
     Natural Resources Committee amendments. I have reached out to 
     Senator Murkowski, as well, asking her to co-sponsor the 
     legislation, as she did with Chairman Bingaman two years ago; 
     and I am hopeful that this bipartisanship can prevail again.
       In the House I will also be introducing the language 
     recommended by the Energy and Natural Resources Committee, 
     though the Senate may well be able to act first.
       Thank you for your consideration of this request. Thank 
     you, too, for having taken the time to meet with me to 
     discuss issues of importance to the Northern Mariana Islands 
     that may come before your Committee in the 113th Congress. I 
     look forward to working with you.
           Sincerely,
                                   Gregorio Kilili Camacho Sablan,
                                               Member of Congress.
                                 ______
                                 
      By Mr. UDALL of New Mexico:
  S. 259. A bill to assure equity in contracting between the Federal 
Government and small business concerns, and for other purposes; to the 
Committee on Small Business and Entrepreneurship.
  Mr. UDALL of New Mexico. Mr. President, I have reintroduced the 
Assuring Contracting Equity, or ACE Act, with a correction to a 
drafting error in order to ensure increases in contracting goals for 
service-disabled veteran owned small businesses and qualified HUBZone 
small businesses. I look forward to working with my colleagues to 
address the issues facing entrepreneurs who do business with the 
Federal Government and hope that we can ensure that more Federal 
dollars are getting out to main street.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Schumer, Mr. Whitehouse, Mrs. 
        Boxer, Mr. Menendez, and Mr. Lautenberg):
  S. 261. A bill to establish and clarify that Congress does not 
authorize persons convicted of dangerous crimes in foreign courts to 
freely possess firearms in the United States; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the No 
Firearms for Foreign Felons Act of 2013. This bill would close a 
loophole in current law, by ensuring that people convicted of foreign 
felonies and crimes involving domestic violence cannot possess 
firearms. We must close this gap in our laws before it is exploited by 
terrorists, drug gangs, and other dangerous criminals who threaten our 
communities.
  Under current Federal law, people who are convicted in the United 
Sates of violent felonies like rape, murder, and terrorism are 
prohibited from possessing firearms. But, shockingly, Federal law does 
not bar criminals convicted of these same violent crimes in foreign 
courts from possessing guns. This outrageous loophole for foreign 
convicts is the result of a 2005 U.S. Supreme Court decision in the 
case of Small v. United States.
  In that case, the Court analyzed the 1968 Gun Control Act, which 
states that anyone who has been convicted of a felony ``in any court'' 
cannot possess firearms. The Court concluded that the phrase only 
applied to American courts, despite the fact that the Gun Control Act 
had been applied to foreign felonies since 1968, the year it took 
effect.
  At the time, the Supreme Court was very much aware that its ruling 
could have serious consequences. As Justice Clarence Thomas noted in 
his dissent, ``the majority's interpretation permits those convicted 
overseas of murder, rape, assault, kidnapping, terrorism, and other 
dangerous crimes to possess firearms freely in the United States.'' But 
whatever one may think of the Court's ruling, it is now the law of the 
land.
  We must make every effort to close this dangerous loophole and the 
bill I am introducing today would do just that.
  Under this bill, section 921 of Title 18 would be amended to state 
that ``[the term `any court' includes any Federal, State, or foreign 
court.'' Similar changes would be made in other sections of the Gun 
Control Act. Where there are references to ``state offenses'' or 
``offenses under state law,'' the bill would expand these terms to 
include convictions of offenses under foreign law.
  In other words, the bill would make it clear that if someone was 
convicted in a foreign court of an offense that would have disqualified 
him from possessing a gun in the U.S., then they will be disqualified 
from gun possession under U.S. law. The only exception will be if there 
is reason to think the conviction entered by the foreign jurisdiction 
is somehow invalid.
  Under the bill, a foreign conviction will not constitute a 
``conviction'' under the Gun Control Act, if either: the foreign 
conviction resulted from a denial of fundamental fairness that would 
violate due process if committed in the United States, or the conduct 
on which the foreign conviction was based would be legal if committed 
in the United States.
  I expect that these circumstances will be fairly rare, but the bill 
does take them into account and will provide a complete defense to 
anyone with an invalid foreign conviction. In any event, it is clear 
that we should not keep in place a dangerous policy which essentially 
treats every foreign conviction as invalid.
  Ensuring that foreign convictions count as convictions under U.S. law 
is important for a second reason. When someone with a felony conviction 
is arrested for another crime, the government may charge that person 
with being a felon in possession of a firearm or may seek a sentence 
enhancement. However, if a foreign conviction is not treated as a 
conviction under our law, then the defendant may receive a 
significantly lower sentence than is appropriate given the number of 
convictions on his record.
  Particularly in these times, America cannot continue to give foreign-
convicted murderers, rapists, and even terrorists the right to buy 
firearms in the United States.
  With each passing day, we run a risk that foreign felons are 
exploiting this loophole in our law. This is unacceptable.
  Criminals convicted in foreign courts should not be able to have guns 
when U.S. law forbids those convicted of the same crimes on U.S. soil 
from possessing guns. We should not wait for lives to be lost before we 
act to close this loophole.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. DURBIN:
  S. 262. A bill to amend title 38, United States Code, to provide 
equity for tuition and fees for individuals entitled to educational 
assistance under the Post-9/11 Educational Assistance Program of the 
Department of Veterans Affairs who are pursuing programs of education 
at institutions of higher learning, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. DURBIN. The original GI Bill proved to be a landmark initiative 
for our troops and an outstanding investment in the future of our 
nation. The Post 9/11 GI bill, signed into law in 2008, built on the 
success of the original program by providing helpful and hard-earned 
educational and economic benefits for our newest generation of 
veterans.
  Just as the veterans of WWII were the engine of economic recovery and 
expansion in the postwar period, the most recent generation of veterans 
will continue their service to America by reaching their full 
educational and economic potential through the Post 9/11 GI Bill.
  In January 2011, Congress made further changes to the Post 9/11 GI 
Bill which caps the amount of education benefits for veterans enrolled 
in private colleges at $17,500 and limits the education benefit for 
veterans enrolled in public colleges to the amount charged for in-state 
tuition and fees. That seemed reasonable, but what we have learned is 
that many veterans are not eligible for in-state tuition. And the cost 
difference between in-state and out-of-state tuition for public 
universities can be substantial.
  Current law unintentionally burdens a significant number of veterans, 
requiring them to pay thousands of dollars in out of pocket costs for 
non-resident tuition and fee rates. These costs add up over the course 
of a college career--so much so that veterans often drop out of college 
or transfer to another school, with a significant amount

[[Page 1073]]

of debt and without an actual degree. But veterans at private schools 
have their tuition covered up to $18,077.
  I am introducing the Veterans Equity Act of 2013 to remedy the 
inequality between benefits for those at a private institution and 
those at a public school charging out-of-state fees. This bill would 
allow veterans who are considered non-residents of the state school 
they attend to receive up to $18,077 in tuition benefits, the same 
benefit that would be available to that veteran if attending a private 
institution.
  This legislation is supported by American Council on Education, 
Association of State Colleges and Universities, Association of Public 
and Land-Grant Universities, Association of American Universities and 
the American Association of Community Colleges.
  I am deeply concerned that some for-profit institutions may be 
abusing G.I. tuition payments by aggressively targeting veterans for 
academic programs that may not provide value to students, such as 
preparation for future employment. The Veterans Equity Act will help 
more veterans attend public institutions without significant out of 
pocket costs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 262

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Education Equity 
     Act of 2013''.

     SEC. 2. PROTECTING EQUITY FOR TUITION AND FEES FOR 
                   INDIVIDUALS ENTITLED TO ASSISTANCE UNDER THE 
                   POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM WHO 
                   ARE PURSUING PROGRAMS OF EDUCATION AT 
                   INSTITUTIONS OF HIGHER LEARNING.

       (a) In General.--Clause (i) of subparagraph (A) of 
     paragraph (1) of subsection (c) of section 3313 of title 38, 
     United States Code, is amended to read as follows:
       ``(i) In the case of a program of education pursued at a 
     public institution of higher learning, the lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution for the program of education after the 
     application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees; or

       ``(II) the greater of--

       ``(aa) the actual net cost for in-State tuition and fees 
     assessed by the institution for the program of education 
     after the application of--
       ``(AA) any waiver of, or reduction in, tuition and fees; 
     and
       ``(BB) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees; or
       ``(bb) the amount equal to--
       ``(AA) for the academic year beginning on August 1, 2011, 
     $17,500; or
       ``(BB) for any subsequent academic year, the amount in 
     effect for the previous academic year under this subclause, 
     as increased by the percentage increase equal to the most 
     recent percentage increase determined under section 3015(h) 
     of this title.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the payment of educational 
     assistance for an academic year beginning on or after the 
     date of the enactment of this Act.
                                 ______
                                 
      By Mr. REED (for himself and Ms. Stabenow):
  S. 265. A bill to amend the Public Health Service Act to provide 
grants for community-based mental health infrastructure improvement; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I introduce, along with my colleague, 
Senator Stabenow, the Community Based Mental Health Infrastructure 
Improvements Act.
  According to the National Survey on Drug Use and Health, a survey 
conducted by the Substance Abuse and Mental Health Services 
Administration in 2011, Rhode Island has the highest rate of serious 
mental illness among adults in the country. According to this survey, 
approximately 7.2 percent of adults aged 18 or older in my state have a 
serious mental illness, above the 4.6 percent national average.
  While too often the stigma of mental illness prevents individuals 
from seeking diagnosis and treatment, thankfully, states like Rhode 
Island have made strides in meeting this challenge. In Rhode Island, 
mental health parity laws have been on the books since 2001. Similarly, 
Rhode Island's Medicaid program, RIteCare, covers mental and behavioral 
health care for low-income children and families.
  Those who need this treatment must have access to it. Community 
Mental Health Centers play a vital role in helping individuals get the 
mental and behavioral health care that they need to lead healthier, 
more productive lives. In 2012, Community Mental Health Centers in 
Rhode Island treated approximately 45,000 individuals at over 1 million 
distinct encounters. Next year, the number of individuals treated by 
Community Mental Health Centers will likely increase, as over 50,000 
Rhode Islanders gain access to health insurance.
  As more Americans across the country gain access to health insurance, 
these centers and other providers will see an increased caseload. Yet, 
many Community Mental Health Centers are in outdated and outmoded 
facilities that make if difficult to provide the optimal level of care.
  The Community Based Mental Health Infrastructure Improvements Act we 
are introducing today would support the necessary updates and 
expansions of some facilities, and the construction of entirely new 
facilities in other instances in order to meet the growing demand.
  I am pleased that this legislation has also been included in a 
broader bill, the Excellence in Mental Health Act, which I joined 
Senators Stabenow, Blunt, Boxer, Collins, Leahy, and Rubio in 
introducing today, to make other updates to the way Community Mental 
Health Centers are reimbursed for services. I look forward to working 
with my colleagues to address the critical needs of our mental and 
behavioral health care delivery system.

                          ____________________